This comes hot on the heels of the Health and Safety Executive announcing that it intends to prosecute the company over three deaths which occurred at its Daw Mill site in Warwickshire and one at its Welbeck Colliery site in Mansfield.
This kind of safety record over the last three years highlights the importance of risk assessments in the workplace. Risk assessments are conducted with the intention of minimising the risks in the workplace, to protect workers from harm.
Workers have a right to be protected from harm caused by a failure by their employer to take reasonable measures to attempt to control the risks.
Note the word ‘reasonable‘. Employers cannot be expected to eliminate the risk entirely, only to try and take steps to minimise those risks. However, it is an ongoing requirement that employers continue to evaluate and re-evaluate the work place.
It appears that Mr Cameron was the victim of a faulty piece of equipment and legislation on this matter is covered by the Provision and Use of Work Equipment Regulations (or PUWER). This requires that equipment be:
- suitable for the intended use;
- safe for use, maintained in a safe condition and, in certain circumstances, inspected to ensure this remains the case;
- used only by people who have received adequate information, instruction and training; and
- accompanied by suitable safety measures, eg protective devices, markings, warnings.
It seems fairly evident from the number of fatal injuries occurring on UK coal premises that there is not enough being done by the company to identify the potential hazards which might occur and adhere to health and safety standards to protect employees from injury. The safety precautions being taken (or not, as the case may be) appear to fall below that which might be perceived reasonable and it is difficult not to feel that Mr Cameron’s death might have been avoided were more care taken to provide a safer working environment.