New research would appear to fly in the face of government policy built on the notion that the retail sector is a low-risk workplace environment where health and safety is concerned.
In a survey of 125 of its members, who handle a combined 20,000-plus personal injury claims a year, the Association of Personal Injury Lawyers (APIL) found that shops are the third most likely location for workplace injuries (employees and customers), after factories and building sites.
Although the organisation accepts that retail is the largest employment sector in the UK – with more than 4.8m people working in shops – it is adamant that retail employers need to take greater responsibility to prevent injuries in the workplace.
APIL is also concerned that proposals contained in the Legal Aid, Sentencing and Punishment of Offenders Bill will block access to justice for employees who have legitimate claims for compensation following an injury at work.
The group’s chief executive, Deborah Evans, said: “Although the retail sector employs a large number of people, it shouldn’t be the third most common place for workplace injuries. Retail employers need to take greater care to protect their employees. The right to redress afforded to employees within the current legal framework should remain in place because people [injured at work] deserve legal protection."
In his report Common sense, common safety, Lord Young defined shops as low-risk workplaces for health and safety and advocated the launch of simplified risk assessments for the retail sector to cut down on bureaucracy.
In May, the HSE and the Local Government Group published joint guidance, advising local authorities on how to concentrate on higher-risk companies and reduce the number of inspections of well-run premises by 65,000 a year. The guidance details how councils should put greater emphasis on reactive work – dealing with complaints, investigating incidents and providing advice and support for businesses on managing workplace risks.
However, shopworkers’ union Usdaw believes that the APIL research, the summer riots, and the recent £1m fine for Marks and Spencer for asbestos failures highlight the flaws in the Government’s approach to health and safety in the sector. Health and safety officer Doug Russell said: “We are concerned by this idea that shops are low-risk workplaces where you don’t have to worry about health and safety legislation. You just have to look back at the recent riots, where hundreds of staff were attacked.”
He added: “When you look at prosecutions, all the big retailers crop up quite frequently. There is no room for complacency as far as health and safety is concerned.”
At last week’s Labour party conference in Liverpool, Usdaw proposed a motion condemning cuts to the Police and branding them a threat to the safety of all public-facing workers. The union will use its annual Respect for Shopworkers Week, which takes place between 7 and 11 November, to urge shoppers to sign Usdaw's petition.
Addressing delegates at the conference, Usdaw general secretary John Hannett said: “Every minute of every day a shopworker is assaulted, threatened, or abused, so, during my speech to you, at least five shopworkers will have been on the wrong side of an angry customer, a shoplifter trying to get away with it, or a youngster who has been refused a sale of alcohol.
“That is why one of Usdaw’s major campaigns is called Freedom from Fear. Shopworkers should be free from the fear of violence, threats and verbal abuse and it should never be accepted as just a part of the job.”
