Laying down the Law: Understanding the Legislation Surrounding Lone and Mobile Workers
1. laying down the law:
understanding the
legislation surrounding
lone and mobile workers
£ !
2. Whilst there is no specific legislation surrounding
mobile or lone workers, the law dictates that no
employee should be put at any more risk than another.
3. Whilst there is no specific legislation surrounding
mobile or lone workers, the law dictates that no
employee should be put at any more risk than another.
The Health & Safety Executive (HSE) requires employers
to think about and deal with any health and safety
risks before people are allowed to work remotely.
4. Whilst there is no specific legislation surrounding
mobile or lone workers, the law dictates that no
employee should be put at any more risk than another.
The Health & Safety Executive (HSE) requires employers
to think about and deal with any health and safety
risks before people are allowed to work remotely.
This includes an appropriate risk assessment, as well as
dedicated training, supervision procedures and, crucially,
making sure employees can keep in regular contact.
5. current legislation relating
to the safety of employees
at work includes:
The Health and
Safety at Work
Act 1974
The Reporting of
Injuries, Diseases
and Dangerous
Occurrences
Regulations 1995
The Management
of Health and
Safety at Work
Regulations 1999
Safety
Representatives
and Safety
Committees
Regulations 1977
The Workplace
(Health, Safety
and Welfare)
Regulations 1992
The Health and
Safety (First Aid)
Regulations 1981
6. Section 2 of the Health and Safety at Work Act
1974 places a legal responsibility on employers to:
As part of this, employers are specifically
requested to provide any technology that
could improve the safety of their employees.
Prepare a
written health
and safety
policy and
bring it to the
attention of
employees
Provide safe
systems of
work
Provide a
safe working
environment
for employees
Provide
information,
instruction
training and
supervision
7. failing to take the necessary
precautions to protect your
mobile workforce will:
However, this is just the start. The worst
consequence of all, of course, is that you
will be putting your workforce in danger.
Affect
morale
Lead to
higher
insurance
premiums
Reduce
productivity
Lead to
compensation
pay-outs
Increase
staff
turnover
Generate
negative PR
8. The UK’s first Corporate Manslaughter prosecution was
in 2011. Cotswold Geotechnical employee Alexander
Wright, 27, was alone in a 12.6ft deep unsupported
trial pit when it caved in. The company was fined
£385,000 after being found guilty under the Corporate
Manslaughter and Corporate Homicide Act 2007.
9. The UK’s first Corporate Manslaughter prosecution was
in 2011. Cotswold Geotechnical employee Alexander
Wright, 27, was alone in a 12.6ft deep unsupported
trial pit when it caved in. The company was fined
£385,000 after being found guilty under the Corporate
Manslaughter and Corporate Homicide Act 2007.
The penalty for Corporate
Manslaughter is an unlimited fine.
10. “Fines (for breaches of health and
safety) should be big enough to
have a real economic impact which
will bring home to the offending
organisation the importance of
achieving a safe environment for
those affected by its activities.”
the sentencing council:
£ !
11. If you have a mobile workforce you will recognise that
the potential risks could be greater for mobile workers
than office-based staff. This might include:
Lone
working
Dangerous
situations or
locations
Working at
height
Remote
locations
Risk of threat
or attack
Out of hours
working
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12. It is crucial, therefore, that mobile workers have the
technology they need to ensure reliable and effective
communication, when they need it.
“Lone workers may benefit from
communications technology as
part of a broader support package”
“Be aware that mobile phones do not
always work in some areas, so try to ensure
the chosen network covers the area well.”
Suzy Lamplugh Trust, a registered
charity working to minimise the
damage caused by aggression in
all its forms - physical, verbal and
psychological.
Skills for Care: Domiciliary Care
Lone Worker Safety Guide
13. In an emergency, conventional mobile phone networks
may not be sufficient. It could damage your health
and safety risk assessment – and potentially put your
organisation at risk of prosecution.
21% 1/311% 9% 35%
of the UK’s
landmass is a
partial
not-spot, where
at least one
mobile network
is unavailable*
of the UK’s
landmass is a
complete
not-spot, where
no mobile
networks are
available*
of A and B roads
in the UK are
partial not-spot*
of A and B roads
are complete
not-spots*
of mobile phone
users have
issues with calls
at least a few
times a month**
*Ofcom Infrastructure Report 2014
**Operators are turning to new technology to solve the rural ‘not-spot’ problem
14. “What can I do about it?”
You can’t guarantee the safety
of your workers; but you take
proactive steps to reduce the risk
of danger or harm.
!
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16. discover how you can reduce the
risk to your mobile workers and your
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Saying no to not-spots:
using technology to ensure
the safety of your mobile
workforce.
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