How Can SMEs Protect Staff From Workplace Injuries?

Workplace safety is critical for small enterprises, affecting employee well-being and business continuity. Comprehending and fulfilling legal obligations regarding health and safety is essential for SMEs to manage risks effectively and maintain a secure work environment

CREDIT: This is an edited version of an article that originally appeared on SME News

Workplace injuries can have a profound impact on small enterprises (SMEs), both in terms of human cost and operational disruption. Understanding the legal responsibilities that employers have regarding health and safety is crucial. In this article, we dive into the laws and regulations, emphasising not only legal obligations but also the tangible benefits of prioritising workplace safety for business continuity.

Understanding SME duties

Every employer, regardless of business size, is obliged to uphold a duty of care towards their employees. Under the Health and Safety at Work etc. Act 1974, employers are legally required to take reasonable measures to ensure the safety and well-being of their employees. What amounts to “reasonable” will vary from workplace to workplace.

Consequences of inaction

If an employee can demonstrate that they suffered an injury due to their employer failing to fulfil their legal duty of care, they may be eligible to file a claim for compensation for a workplace accident. Additionally, employees can pursue a vicarious liability claim if they are harmed by a customer or another employee, and the employer took no preventive measures. For instance, if an employee reported instances of harassment and prejudice by a colleague to HR multiple times without any appropriate actions being taken, and subsequently was assaulted by that colleague, the company could be held vicariously liable for the injuries.

This is because they were aware of the potential risk to their employee but failed to address it effectively. Implementing and maintaining measures to ensure a safe working environment and addressing employees’ concerns promptly can prevent such incidents from occurring.

What steps should companies take?

Risk assessments

Before proceeding with any preventive measures, it is essential to conduct a comprehensive risk assessment to identify potential hazards. This assessment should encompass all conceivable risk factors, including but not limited to heavy loads, machinery, vehicles, chemicals and trip hazards.

Environment management

The most effective approach to risk mitigation is to engineer the working environment to eliminate risks entirely. For instance, in warehouses, implementing conveyor belts and lifting equipment can eliminate the necessity for manual handling. Additionally, designing loading and unloading areas that facilitate easy vehicle access and movement minimises the need for complex manoeuvres.

Training

After implementing work systems, it is crucial to provide employees with thorough and relevant training on their safe operation. Only employees who have demonstrated a sufficient level of proficiency should be authorised to operate machinery, vehicles, etc.

Maintenance checks

Regular inspections of the working environment are essential to promptly identify wear, faults, and signs of damage. Employers must promptly repair or replace any defective equipment, vehicles or infrastructure. Employees should also be informed of these issues, and appropriate warning signs should be prominently displayed.

Personal Protective Equipment (PPE)

Employees should be provided with appropriate protective clothing, such as steel-toe-capped boots and gloves, if needed, to further reduce risks that cannot be eliminated through workplace redesign and training alone. This protective equipment must be suitable for the specific work context and supplied to employees at no cost. Replacements for such equipment should also be provided free of charge.

Investing in health and safety measures brings numerous valuable benefits. Ensuring a safe and efficient working environment not only enhances productivity but also shields the business from costly legal repercussions. While the initial investment in these measures may be substantial for SMEs, the long-term advantages for both staff well-being and the company’s financial health are significant.