A recent prosecution by the Health and Safety Executive
involving lone working re-enforces the need for employers to assess
risks to employees who visit individuals away from the office and
to review arrangements when changes occur.
Mental Health Matters Ltd, a Sunderland based Mental Health
Charity, has been fined £30,000 and ordered to pay
£20,000 costs for health and safety breaches surrounding the
death in 2006 of a 22 year old support worker on the final day of
her probation period. Ashleigh Ewing was killed on a home visit to
an individual with a history of violence and refusing to take
medication for Schizophrenia. His mental health was known to be
deteriorating and Mental Health Matters failed to respond to a
number of warning signs.
The charity pleaded guilty on the 1st February 2010 to a breach of
Section 2(1) of the Health and Safety at Work Act 1974 for failing
to do all that was reasonably practicable to ensure Ms Ewing's
safety. The Judge stated that further risk assessments and training
should have been carried out to protect the employee.
The Law imposes duties on employers to comply with the Health &
Safety at Work Act 1974 (the Act) and the Health & Safety at
Work Regulations 1999 to protect employees. Section 2(1) of the Act
states: "it shall be the duty of every employer to ensure, so
far as is reasonably practicable, the health, safety and welfare at
work of all his employees". Lone workers should not be put at
more risk than other employees, and the law requires employers to
think about and deal with health and safety risks before allowing
staff to work alone; extra risk control measures may be necessary
to achieve this.
What should employers do?
These responsibilities cannot be transferred. Employers must
assess the risks to lone workers, involving staff in the risk
assessment process. Checks must be made to ensure that control
measures are in place. Risk assessments should be reviewed annually
or sooner if there are changes in circumstances, and additional
risks must be addressed.
All organisations working with vulnerable adults should have a
Vulnerable Adult Protection Policy in place and, in accordance with
this policy, where appropriate, risk assessments should be carried
out. Where risks have been identified regarding an individual it is
important that these are reflected in the actual practices within
the organisation and that Health and Safety/lone worker policies
are updated to deal with this risk.
Commenting on this case, Pam Waldron of the Health and Safety
Executive said: "While Mental Health Matters had procedures in
place, paperwork doesn't save lives. Those procedures and
policies have got to be followed through." It is essential
that as well as having the correct policies and procedures you
ensure these are properly implemented by staff and that staff
receive the necessary training and supervision.
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