Safety Matters June 2022
The H&S Dept
When equality law and health and safety collide
Sometimes H&S is black and white, but often there is room for interpretation. There are times when health and safety management finds itself in conflict with other areas of the law, as a current dispute may prove to show.
An autistic man is suing Sainsbury’s after the store refused entry to his assistance cat. Assistance dogs are allowed in supermarkets, and Ian Fenn believes that his cat should be no different. Sainsbury’s disagrees, arguing that cats present a greater food hygiene risk.
The outcome of the case remains to be seen. Four years ago, all support animals other than dogs were banned from US flights after a passenger tried to bring a peacock onto a plane. That seems it was pushing the boundaries a little beyond what we have here.
While health and safety cannot be compromised, as we see with our myth-busters it should not be used as a shield for management decisions. That’s not to say this is what’s happening here, but a court case will put scrutiny on the risk assessment to see if the policy is justified.
This ongoing case can remind us to consider the broader impact of health and safety, especially where other legislation like the Equality Act may come into play. A thorough risk assessment, underpinned by common sense and with room for flexibility where possible, can help keep people safe whilst letting the business operate efficiently.
Talking to your employees about monkeypox
You and your employees have probably heard a lot about monkeypox, and some may be worried that another pandemic is on the way. This is an understandable fear, but there is no need to panic.
Monkeypox is a rare infection that causes rashes and blisters. It is thought to have originated in West and Central Africa, and is especially prevalent among men who have sex with men in this current outbreak. It can only be spread through close physical contact, so the transmission rate is much lower than that of COVID-19.
You are extremely unlikely to have contracted the disease unless you have travelled to West or Central Africa, or have had close physical contact with an infected person. If any employees are displaying symptoms, NHS advice is that they should contact a local sexual health clinic.
If worry spreads amongst your workforce, sharing this advice will let them know that you are abreast of the situation, and ready to act if the threat strikes close to home.
HSE advice for protecting pregnant women and new mothers has changed
Pregnant women and new mothers are uniquely vulnerable to certain workplace hazards, and the HSE has updated its guidelines for protecting this group.
The key change is that rather than just consider risks to women of child-bearing age in your general risk assessments, you are now required to complete an individual risk assessment for workers who meet any of the following criteria:
• Are currently pregnant
• Have given birth in the last six months
• Are currently breastfeeding
This risk assessment needs to be completed as soon as a worker tells you they are pregnant. Take into account any ways in which the pregnancy could affect their work, as well as any medical recommendations made by their doctor or midwife.
There are a number of common dangers to consider. These include:
• Postural problems caused by sitting or standing for long periods
• Injuries caused by heavy lifting
• Mental and physical fatigue
• Working alone or at height
• Exposure to strong vibrations
• Exposure to harmful substances, especially as PPE may not be suitable for pregnant women
If you identify a risk, try first to control it by adjusting the employee’s working conditions. If this isn’t possible, see if you can find suitable alternative work. If there is no way to avoid the risk, the worker needs to be suspended on full pay until it is safe for them to return.
Risk assessments need to be updated as the pregnancy progresses, or if working conditions change significantly. If you need help, don’t hesitate to ask.
Managing fatigue in the workplace
We’ve all seen the signs on the motorway warning us that tiredness can kill, but driving isn’t the only activity that can be impaired by fatigue. From Chernobyl to Exxon Valdez, some of the worst industrial accidents in history have been the result of poor judgement brought about by tiredness.
You may not be running a nuclear power plant, but tired employees are still a major risk. With fatigue-related accidents costing the UK economy up to £240 million a year according to the HSE, it pays to make sure your staff are well-rested.
Fatigue can affect anyone, but some employees are more vulnerable than others. These include:
• Shift workers, especially those whose shift patterns vary from week to week
• Drivers who spend long periods of time on the road, particularly at night
• Workers who operate machinery for long stretches
• Employees with medical conditions such as MS, ME, Fibromyalgia or certain sleep disorders
• Workers undergoing medical treatment or taking medication that causes tiredness
As an employer, you are required to manage fatigue in the same way as any other workplace hazard. This means taking it into account when creating a risk assessment, and doing whatever you can to reduce the risks.
The HSE has published a guide to managing fatigue. Although it mostly deals with shift work, many of the principles can be applied more generally. These include:
• Giving employees a manageable workload
• Ensuring that workers take regular breaks
• Avoiding scheduling dangerous or monotonous work during the night or towards the end of a shift
• Limiting consecutive working days and giving employees plenty of time off between shifts
• Increasing supervision at times of the day when fatigue is most common
• Monitoring overtime and shift swapping to make sure employees aren’t working too much
• Discouraging workers from taking second jobs if possible
As well as introducing specific safety measures, it is also important to create a culture of openness around fatigue. Make it clear to employees that there is no shame in being tired, and try to discourage the idea that workers should “power through” when they’re feeling fatigued. You can also set an example yourself by taking regular breaks and not working an excessive amount of overtime.
We’re sure you want your employees to be as well-rested as possible, but changing old habits can be tricky. If you’re struggling to manage fatigue in the workplace, we’re always happy to offer advice and help you design and launch new procedures.
Myth Busters: Enjoying the summer safely (and sensibly)
As the temperature is on the rise, we don’t want to see the same for health and safety scapegoating. Here are two examples that got people needlessly hot under the collar.
Walking a fine line
A seventeen year old was told that she couldn’t take part in a high wire activity at an adventure park because she was wearing a stud earring. The park staff said that this rule only applied because she was under 18.
This is a mixed message, and not accurate at all. Taping earrings is an acceptable alternative to removing them, so the girl should not have been refused on this basis. This applies to children and adults, so there was no reason to mention her age.
Chinese whispers
In another case, a mother was told that she couldn’t bring her baby onto a river boat ride because “babes in arms” were not allowed. However, the ride operator allowed toddlers to be carried onto the boat as long as they were old enough to walk.
We have some sympathy for the operator here. The HSE surmised that they were correct about “babes in arms”, but had misunderstood the reason for the rule. It was intended to stop anyone being carried onto the boat for stability reasons. If they had made the older children walk onto the boat, there would’ve been no problem.
It highlights the importance of good communications for health and safety, as you could liken this to a game of Chinese whispers between those reading the safety manual and the ride operators.
