22 July 2020

The Health and Safety Executive (HSE) has released its annual figures for the number of UK work-related fatalities in 2019/20. The headline grabbing figure is that for the period from April 2019 to March 2020 there were 111 work-related fatalities - the lowest number since records began.

What do the statistics tell us?

The number of workplace deaths had reduced looking at comparable periods in recent years, even before the closure of many workplaces in February and March of this year; a cause for cautious optimism.

The statistics reflect that there are some consistencies in workplace fatalities from previous years, including those industries that see a higher prevalence of recorded fatalities:

• Construction (40)
• Agriculture, Forestry and Fishing (20)
• Manufacturing (15)
• Transport and Storage (11)

And the main causes of death:

• Fall from height (29)
• Being struck by a moving vehicle (20)
• Being struck by a moving object (18)
• Being trapped by something collapsing (15)
• Contact with moving machinery (11)

As lockdown eases further and businesses are permitted to resume many practices previously prohibited or restricted, it is recommended that employers pay close attention to the guidance that the HSE has published. Although there can be differing Public Health Guidance North and South of the Border for many sectors, the principle duties owed by those operating businesses to employees and non-employees alike are the same. It can prove particularly challenging for employers with operations throughout the UK and keeping up to date with the evolving Guidance adds to that. The HSE have endeavoured to bridge the gap with their continually updated suite of recommended measures and advice on best practice. They cannot, of course, cover every eventuality, but they can be a helpful source of basic principles.

The ‘old’ risks will not have disappeared overnight. It is of paramount importance to review and update, where appropriate, existing risk assessments and safe systems of work. It is also crucial to ensure refresher training is provided for tasks which are now resuming after a period of inactivity and that first principles training is provided for tasks which are new, or involve new ways of working.

Workplace stress and related mental health is an area of increased focus and enforcement for HSE. Employers should continue to invest in setting up and maintaining suitable and sufficient systems to reduce risk in this sphere too.

What if a business is found to be in breach?

The HSE has committed to carrying out spot checks at workplaces. This will be dependent on the resources of each Inspector and may vary widely, but one may expect the higher risk industries to be the first port of call for such unannounced visits.

The mere risk of injury is sufficient to amount to a material breach of health and safety law which can lead to enforcement action. Risks new and old must be continually assessed. That is certainly the ‘new normal’. The impact of failing to stay ahead of the curve in this respect can be catastrophic for both reputation and sustainability of the business. Where risks are perceived to be persisting unchecked, HSE Inspectors will continue to use the powers they have to serve Improvement and/or Prohibition Notices which can, of course, restrict severely or in some cases even halt a business’ operations entirely.

Under the terms of the Fee For Intervention scheme, where HSE identify a material breach of health and safety law, the employer will have to pay for the time it takes HSE to conduct its investigation. The current hourly rate is £157 and the fee will include the entire cost of the original visit and any work associated with identifying and correcting any material breaches. This can be costly if the investigation is lengthy or complicated.

BTO’s Health & Safety and Regulatory Defence team are working hard to support duty holders in this ‘new normal’. Please do not hesitate to contact us if you have a particular challenge you need to discuss.

For more information, please contact Lindsay MacNeill, Solicitor, by email lmn@bto.co.uk, telephone, 0141 221 8012, or get in touch with your usual contact at BTO.