Health and safety at work is one of the key issues facing companies in their daily operations. Yet many companies are unaware of the extent of their liability if an employee is killed at work. So just how far does the obligation go? writes Claudia Gerrard. Claudia is Legal Director of Ortolan Legal Limited.
In short, it probably goes much further than you think. Take for example a real life case study: a security guard who is attacked at work. Based on the clientโs premises, the guard had taken on an intruder which resulted in a serious injury. If he had been killed as a result of the incident, was his employer liable? Could his employer have taken steps to prevent the accident and, if so, what steps could reasonably be taken? The law on this area is complex and not easy to understand. The Health and Safety at Work Act 1974 states what employers have to do to prevent industrial accidents and deals with activities which could be inherently dangerous. <br><br>Yet it is difficult to see how that Act could apply to our security guard, since the implications of patrolling a building might not be covered by health and safety legislation. So why could this situation be of concern to a company? Surely the employee was โon a frolic of his ownโ and the company isnโt liable? New legislation has come into force which covers situations where an employee is killed in a work situation. The Corporate Manslaughter and Corporate Homicide Act 2007 aims to facilitate prosecution of large organisations, where the companyโs failing has led to a death. One main penalty is an unlimited fine. In February 2011, the first successful prosecution was made under the Act, where Cotswold Geotechnical, an engineering company, was fined £385,000. In that case, a sub-standard trench collapsed, killing an engineer. <br><br>So what are the implications for the security and other industries? Firstly, the size of the fine is significant bearing in mind that Cotswold Geotechnical only employed eight people at the time. A larger organisation could face a much bigger fine. Secondly, the Act could cover any instance where an employee is killed while working, such as the security guard in our example, or even employees who drive long distances as part of their duties. The potential list is endless. How could the employer of the security guard protect itself, if the employee had been killed? Well, in addition to general health and safety, other steps might be to include specific instructions about how to deal with an intruder or providing some form of personal alarm unit which notifies a third party if the guard is in danger. Ultimately, employers need to remain vigilant to health and safety issues, adapt according to the situation and then take all reasonable steps to protect employees from injury. <br><br><br>Health and safety: ten tips<br>1) Prepare health and safety policies: a court will review a companyโs internal policies, so ensure there are comprehensive policies in place. Make sure employees are aware of the policy and have access to it, electronically or in paper form. <br>2) Train key employees: directors, senior management and other officers might be liable under the Corporate Manslaughter and Corporate Homicide Act, so specific training about their duties is fundamental. <br>3) Train all employees: this should cover both general health and safety and anything which is specific to the employeesโ jobs. <br>4) Provide safety equipment: this will depend on the precise nature of the work being carried out by employees. <br>5) Advise on ad hoc or unusual risks: provide guidance on matters such as dealing with intruders and instructing employees as to precisely what is acceptable behaviour.<br>6) Carry out regular audits: ongoing action is recommended to ensure that company policies remain current and up to date. <br>7) Monitor accidents: ensure there is a policy in place for notification of accidents, however minor and make sure employees are aware of it.<br>8) Deal with accidents promptly and efficiently: prepare an incident response plan to handle investigation of accidents, making sure documentary and physical evidence is preserved.<br>9) Post-accident steps: take remedial steps or make improvements following an accident. <br>10) Review insurance policies: consider taking out directorsโ and officersโ liability insurance but make sure any policy allows the company to recover its legal costs, regardless of whether or not a prosecution is successful.
About the author: Claudia Gerrard is Legal Director of Ortolan Legal Limited, part of the Ortolan group of companies which provides legal and recruitment services to sectors including parking, security, leasing and aviation. Visit –
