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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