Legal Spotlight - September 2020

ALTHOUGH IN simple terms the number of fatalities as a result of incidents at work fell to an all time low in the period between April 2019 and March 2020, those statistics must be read in context; as the HSE comments "it is likely that this fall was accentuated by the impact of coronavirus (COVID-19) on the economy in the final two months of the year". Moreover, the figures for the construction industry reveal not only that it had the largest share of fatalities last year, with 40 workplace deaths, but also that it suffered a marked increase in workplace deaths from a low of 31 in 2018/19, and was also up on the five-year average of 37 deaths. 

The agriculture, forestry and fishing, and the waste and recycling sectors account for the highest number of deaths per 100,000 employed. They share a rate of fatal injury which is some 18 times higher than the average across all industries. Despite being a relatively small sector in terms of worker numbers, there were 5 fatal incidents in the waste and recycling sector last year. However, on a more optimistic note, deaths in the agriculture sector fell to the lowest level on record, to 20 fatalities. 

Work-related falls from height continue to account for the most fatalities, with 29 people killed after falling last year. Falls from height remain one of the biggest causes not only of death but also of disability and injury, with over 40,000 non fatal injuries sustained by workers in 2018/19. With fines for health and safety failings showing no sign of abating, sums of over a £1million are increasingly likely, including for failings leading to such falls; Modus Workspaces Limited was recently fined £1.1million after it was found guilty of failing to take reasonable care for the health and safety of others not in their employment following life changing injuries sustained by an engineer following a fall from height. 

The HSE and the Health and Safety Executive Northern Ireland (HSENI) see the prevention of falls from height as a key priority; with five fatalities as a result of falls from height in the construction industry this year alone, the HSENI’s construction team has recently launched their new ‘Internals Falls Are Preventable’ campaign, aimed at sending out a clear message to the construction industry, with the statement that 

"Work at height will be a standing item on all construction inspections where relevant."

Being struck by a moving vehicle or object accounted for 20 and 18 deaths respectively last year. Together these causes accounted for 60% of workplace fatalities in 2019/20.

As in previous years, fatal injuries to workers are predominately to male workers. In 2019/20, 108 (97%) of all worker fatalities were male , with 27% of fatalities involving those aged over 60, despite the fact that age group accounts for only 10% of the workforce

The general downward trend in workplace fatalities over the last few years appears to have flat lined in more recent statistics and enforcement bodies will be keen to ensure that work in this area is not stymied, particularly as businesses return to work gradually and grapple with the effects of the coronavirus. The temptation perhaps to cut corners, and possibly compliance resource, may well loom large for some, but the HSE has been at pains throughout to stress that it expects duty holders to abide by their obligations. The UK government has also made clear that the HSE will play a key role in ensuring the safety and health of workers as lockdown measures ease so more unannounced inspections should be expected. It would be naïve to think that inspectors will look only for social distancing measures during such visits.

The recent figures are also likely to inform inspections as regulators seek to drive down workplace fatalities. Organisations should be mindful of the figures in reviewing their risk assessments, which must be tailored to their business and workforce, making sure suitable mitigation measures are put in place, disseminated and understood by the workforce. A culture of compliance must pervade the organisation if it is not to fall short in its obligations. The consequences of doing so can be catastrophic both in human and economic terms. Where failures are discovered, as the experience of Modus Workspaces Limited underlines, increasingly large fines should be expected.

Kevin Bridges is a partner and head of health and safety at Pinsent Masons. For more information, visit www.pinsentmasons.com