Health and safety means nothing without effective protocols and follow-up procedures as discussed at Backhouse Jones’ latest transport law seminar
How often do you say: “In hindsight…”? And more importantly, how often do you say it in response to health and safety?
According to Backhouse Jones Director and Solicitor Jonathon Backhouse at the Transport Law Seminar hosted by the firm last week (29 January), health and safety is a two-fold test which is ultimately a test of hindsight.
But health and safety cannot be looked at in hindsight, and if it can, it’s already too late, he warns.
“You have a duty to keep anybody that interacts with your business safe,” he says. “It can cost a tremendous amount of money if don’t check [that they are safe].”
Why now?
Health and safety is not a new subject, but the reason for this being a focal point at the seminar is because, Mr Backhouse explains, health and safety executives are starting to focus on the transport industry more.
“In the last six months, I have seen more cases than in the last 20 years. And the problem is, there’s a lack of appreciation for the health-and-safety system – not a lack of having a fundamental system.”
One example of basic health and safety Mr Backhouse discussed at the seminar was a signing-in protocol.
He says: “Virtually every organisation has one. We have it because we all know we need it – but do we know why?”
A signing-in protocol is an “introductory level of safety” and a “tick-box exercise,” one that can sometimes be seen as a burden. But it’s a necessary procedure as it ensures you know who is on the site if there are any incidents such as a fire.
Mr Backhouse says it’s important that these are checked and monitored regularly in order to safeguard those on the premises.
Would you chance it?
“Visiting a site versus visiting a country in a country in a civil war?” That was comparison made by Mr Backhouse. While he said that visiting an operator’s site is not a war zone, it still poses some serious risks, and precautions need to be made to ensure accidents don’t happen, especially in high-visitor surroundings.
When visiting a war zone, you would consider if the visit is strictly necessary, and seek advice prior to travelling. When someone visits a new site, they have no idea of the risks and the dangers that could be there, and with transport being the second highest industry for accidents, it’s vital procedures are in place to minimise these risks.
Health and safety doesn’t need to cost the earth, it can be something as simple as visitor parking. Some operators will have the luxury of space at their depot, while others will be on sites that they have been for decades and might not have parking facilities, but it’s important that measures are in place to keep visitors away for danger.
Mr Backhouse says: “At the point the visitor arrives on you site, in reality, they are not known to you. At that point they are invisible, and you have a duty of care to keep them safe. If they are injured or killed, the courts will look at what you did to prevent it, such as clear signage and a walking area.
“All these things are cheap and not complicated, so there’s no excuse to become complacent.”
The silent condition
How do we know if an employee is unfit to work?
Sometimes it might not be as obvious as the common cold. Eyesight issues, mental-health conditions and underlying health conditions can cause serious issues if not picked up on.
That could mean monitoring an employee for a condition they might not have diagnosed, such as dementia or diabetes. But with hindsight, the clues might be there when looked at.
James Lomax, Backhouse Jones Solicitor, explains that operators need to be prepared for staff absences, especially in a time when the industry is facing driver shortages.
“It’s key that all absences are monitored and that the firm has a company sickness policy,” he says.
Then there’s the factor of age. With age, there are potential problems that occur. It is recommended that staff frequent medicals as they get older – especially those who use heavy machinery or are behind the wheel of a vehicle, this way, it could detect an issue before an accident happens.
Ultimately, it’s important that you’re not in a position where you’re saying: “In hindsight…” but with many areas for accidents in the coach and bus industry, it’s important to hope for the best and prepare for the worst.
By preparing for accidents to happen, with effective training and investments in basic health and safety protocols it could prevent serious injuries and fatalities.
