Duty of care
What is my duty of care to lone workers?There are no absolute restrictions on working alone; it will depend on the findings of a risk assessment which all companies are required by law to carry out. Failure to do so not only puts employees at risk, but may expose the employer to expensive litigation.
There are two main pieces of legislation that will apply:
1. Health and Safety at Work Act 1974
Section 2 places a duty of care on employers:
'To ensure the health (including mental health), safety and welfare of all employees
and to create safe and healthy working systems'
Regulation 3 makes it a legal duty for every employer to carry out a suitable and sufficient risk assessment of
- the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
- the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking
Civil Liability: in September 2003 the government introduced an amendment to the Act which removed the employers' exemption from civil liability. In effect this meant that employees could sue their employer for not carrying out a risk assessment. The amendment was for employees only and does not give a right of action based on the legislation, unless damage, or injury has been suffered.
Where can I find advice on what to do about my lone workers?
The HSE have produced an excellent pamphlet called 'Working Alone in Safety'. It can be
downloaded from the following link; hse-working-alone-in-safety.pdf
If I find myself in a vulnerable position, then all I need to do is press a button on my SkyMinder –
and I know that someone will be along to help me
