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#1 Posted : 07 March 2002 10:07:00(UTC)
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Posted By Brian Houghton I am advising an organisation based in a city location. They are concerned about the risk of their staff being attacked if they work late and then leave the building alone to walk to the station. They are considering a scheme where the staff are instructed to take a taxi from the building to their home or the main line station that they would normally use. The organisation will pay for the taxi. While I think that this would be an excellent policy, demonstrating concern for staff welfare, it will be necessary to justify the cost at some point. I am unclear on the legal requirement here. I think that the proposed scheme probably goes beyond any legal health and safety requirement but I am not certain of this. I would be pleased to hear any opinions on this subject or to take advice from anyone who has adopted such a policy. Many thanks, Brian
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#2 Posted : 07 March 2002 13:28:00(UTC)
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Posted By PatrickT Brian, an excellent example of best practice as far as I am concerned. Up til now I know that a Minibus service has been laid on for staff in an adjacent building to take them to the train station due to the failings of public transport, but in this case staff had to make there way through two underpasses probably increasing the risk of personal attack. We have had someone from our firm who was mugged whilst on their way home, they where just off the premises at the time. The costs; this was a very senior manager who had to take time off with what can best be described as a personality disorder after the attack. He has never been the same since, therefore the organisation has lost the experience and (in monetary / Quality terms, now matter his position)the value of this employee, including all the time and money spent on investment. In this day and age this client of yours should be commended for having the foresight and imagination to know what instills loyalty in the staff, this surely must boost productivity / quality of workload / worklife for staff. Regards PatrickT
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#3 Posted : 07 March 2002 13:57:00(UTC)
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Posted By Brian Houghton Patrick, Many thanks for taking the trouble to respond. Regarding the situation with my client, I agree that this is a tremendously worthwhile inititive (and I shall certainly encourage them to adopt it). Your example can only lend weight to the proposal. However, from a theoretical point of view, I am struggling to decide to what extent the legal requirement to assess risks and adopt control measures covers this, bearing in mind it applies to people leaving, rather than being at, work. Thanks again for your comments. Regards, Brian
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#4 Posted : 07 March 2002 18:29:00(UTC)
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Posted By John Murphy Not wishing to put any form of damper on this but when advising the client you may wish to take account of inland revenue who may see this as a taxable benefit for the employee.
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#5 Posted : 08 March 2002 08:30:00(UTC)
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Posted By Brian Dawson Brian, I'm not sure that "instructed" is appropriate. Its one thing to offer a Taxi but surely its up to them whether to use it; it is after all their own time. Brian
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#6 Posted : 08 March 2002 10:46:00(UTC)
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Posted By Paul Maddock Brian, not too sure of the legal requirements in this case either, but you may want to look at the fact that the company is providing taxis to those working late, i.e. outside working hours. Could this be considered as lone-working? In any case, it is comendable, and only fair that the company does provide safe transport to their workers if they work late for the benefit of the company.
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#7 Posted : 08 March 2002 20:34:00(UTC)
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Posted By David J Bristow Hi Brian While I understand your reasons for suggesting to this organisation that in providing transport to employees leaving its premises late/or alone the risk of attack will be reduced and is commendable for the concern for the safety of the employees. Should we not first look at why there is a need for employees to: a) Work late b) Leave alone late at night? Surely our first response should be to eliminate the hazard or reduce the risk (sorry if it seems I am stating the obvious) to as lower level as is practicable. Why do employees have to work late? Why are they leaving the premises alone? Further more what criteria do you use to establish - “that it is late”, 8.00 pm in the middle of the summer months is late, but light, whilst you could argue that leaving at 4.00 pm in the depth of the winter months is not late, but dark, but could be and probably does pose more risk to an employee to an attack/violent abuse, when is a safe time to leave work? I am not a legal expert, but how far do you go in order to protect the workforce – what if an employee were to be attacked immediately after leaving the taxi, whether this be at the station or the employees home – could the employer be held responsible? I don’t know the answer. However, an interesting posting which I feel quite a few of us health and safety professionals will have had dealings with - “lone/late workers” and what to do for best to protect them when leaving the workplace, and I am sure in this modern world of ours many employers and employees work late/alone! Kind regards David B
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#8 Posted : 09 March 2002 11:13:00(UTC)
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Posted By John Murphy Why do employees have to work late? Why are they leaving the premises alone? Further more what criteria do you use to establish - “that it is late”, 8.00 pm in the middle of the summer months is late, but light, whilst you could argue that leaving at 4.00 pm in the depth of the winter months is not late, but dark, but could be and probably does pose more risk to an employee to an attack/violent abuse, when is a safe time to leave work? A response if I may to these two points. First. Think about flexible working and then work life balance. How many of us have been to our local supermarket/petrol station at ten in the evening and seen people......working! Some people choose to work these hours becuase of family/personal circumstances. Some because they have no choice. Second, we now live in a society and a world that works 24 hours a day. We are now in the 21st Century. The issue here is about when a person is at work or not. In this particular employers case they clearly have left work, en route home or to another place. They are trying to be a good, caring employer, heaven knows they are few and far between.
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#9 Posted : 09 March 2002 16:53:00(UTC)
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Posted By Jim Creak I am sorry to put a complete damper on what is a very thoughtful staff welfare proposal but has very little to do with safety at work or safety management. Risk assessment has to be based on objective data not hearsay,supposition or theoretical circumstance. The risk has to be measurable,where is the data that would suggest people leaving work are more likely to be attacked than other people out for the evening? How many attacks have taken place? If you read the papers these attacks are taking place in broad daylight but what are the real statistics. If Safety Management is to include the journey to and from work it is not covered by any legislation and would open up a major new obligation about the risks of cycling to work, motorbikes,driving and road rage incidents etc.etc.etc. It can not be justified under Health and Safety....
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#10 Posted : 10 March 2002 14:45:00(UTC)
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Posted By Eddy Mangan Brian, The folowing might help your risk management approach, Smith V Stages & Darlington Insulation Co. Ltd. the House of Lord set out a series of propositions on journeys to and from work on the side of vicarious liability. HS(G)100 Prevention of Violence to Staff in Banks and Building Societies, which may help with policy. And I donot agree with the last respondents remarks as Sept. 11th proved there is no bounderies to Risk Management. Eddy.
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#11 Posted : 12 March 2002 15:41:00(UTC)
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Posted By Brian Houghton Mamy thanks to everyone who has taken the trouble to respond to this posting. Your views are much appreciated. Regards, Brian
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#12 Posted : 19 March 2002 18:49:00(UTC)
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Posted By Jim Creak I did not say that there were boundaries to risk assessment but specifically legal obligation in respect to the journey from home and work as described in the question. The cases that you mention have specific risk category and that are occupation/work related and that evidence has shown certain personnel..specifically security related that would make them targets for kidnap ransom and threatened with violence,even in day time,specifically early in the morning. However this risk does not extend to all employees who work late. As I said the average or normal risk category employee has more risk of being injured on the way home by other consequence than by unprovoked violence or mugging. The employer has no legal obligation to consider these risks other than on pure staff welfare consideration. Which may be a good idea but cannot be justified under the Management of Health and safety as prescribed by statute.
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#13 Posted : 20 March 2002 23:00:00(UTC)
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Posted By PatrickT Time for another two peneth, what happens in the event of an incident, I believe our Ambulance chasing brothers (the no-win, no-fee merchants) will be wielding the foreseeability (Domestic Air Traffic was soon grounded throughout the western world after the tragic events of 11/11), and the downgrading of established (in this case) safety measures and the percieved risk, sticks? for withdrawing an item of PPE? I believe your client has set a precedent and not a bad one at that. Try this Scenario on for size, What if this "service" was withdrawn and an incident took place which put fear into the workforce and lead to an upturn in absenteeism by staff not turning up to work (so as not to run the gambit of the same thing happening to them)or staff looking for employment elsewhere? Some of our informed colleagues should consider having a day off to ponder the idea of a wholeistic Risk Management calculation, in its simplist (often most effective) form, Cost in the Brain drain to the organisation, Cost out the price of a (Probably discounted)Taxi hit the key marked Share Holders Dividend to consider and hey presto Cheap Taxi for Staff = Good thing (investment) workforce turn up for work day after day and make money for the share holders. No Taxi for Staff = Bad thing (litigation) Additional burden on the NHS / Welfare State, needless court room costs, The fine, The Compensation, the Share holders loss of confidence / dividend. Declining skills base, Increased recruitment costs, Affect on competitiveness. Brian, some very good points have been drawn out during this debate and I hope my simp/whole istic approach is of some help in your considerations to your client. Patrick
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