The rising level of violence and threatening behaviour is a serious issue for all employers and could affect turnover, a leading lawyer has warned.
Noel Walsh, partner at Weightmans Solicitors, told delegates at the IOSH 09 Conference that all businesses need to keep violence high on their health and safety agendas. He pointed out that a recent BBC Panorama documentary, on violence against NHS staff, estimated that these attacks cost the NHS around £100m each year and this cost will be reflected in the public sector generally.
New figures produced by the National Board of Crime Prevention found that 70 per cent of all physical attacks on workers arise in one of three situations: an attempt to prevent theft; dealing with an angry customer; or simply dealing with a trouble-maker.
Walsh added: “It is the employer’s responsibility to ensure the reasonable welfare of their employees and to carry out a suitable assessment of these risks. They should also provide suitable protective equipment and put in place measures to manage and reduce risks.”
He warned that failure to fulfill these requirements could lead to compensation claims under the Criminal Injuries Compensation Scheme, or through civil claims if the attacker has no insurance.
He also said that employers have a number of duties, which if carried out will help prevent or lessen the impact of violent crimes. These include carrying out a suitable risk assessment, introducing effective measures to manage and reduce risks, provide and maintain personal protective equipment, and report any injuries inflicted under an act of violence.
Delegates were advised that issuing protective equipment to employees was not a quick-fix solution and would cause its own problems. “Simply introducing body armour or protective devices is not a solution in itself,” explained Walsh. “Staff should be fully trained in how to use this equipment. These employees should be made fully aware of the risks of using restraints or sprays, as the introduction of this equipment can often lead to over-confidence and staff becoming have-a-go heroes, which can have disastrous consequences.”
Walsh warned that firms using a third party to provide security staff can be directly liable for the actions of these employees. This is because many contracts for the provision of security staff will contain a contractual indemnity clause. Some employers may not be aware of this clause and Walsh advises firms who outsource security to review their contracts. These firms should also consult their insurance brokers to ensure that they are covered for any liability.
