• A recent case
• Assessment of suitability of lone worker's role
• Definition of a lone worker
• Your duty as an employer
• Risk assessment - to be carried out by employers
• Maintaining a safe place of work 
• Effective communication
• Responsibilities of the lone worker
• Homeworkers

For further information contact:

Neil Maclean 

Direct Dial:
0131 625 7266

Email:
neil.maclean
@andersonstrathern.co.uk

Allison Alcock

Direct Dial:
0131 270 7782

Email:
allison.alcock
@andersonstrathern.co.uk

Employment Team contact details, click here
 

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Lone Workers...everything you need to know

A recent case

Earlier this year, the trustees of the Philiphaugh Estate near Selkirk were prosecuted under the Health and Safety at Work legislation (the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999) in relation to one of their lone workers.  The prosecution followed the death of Douglas Armstrong, the acting head gamekeeper of the estate in October 2004.  Mr Armstrong had been injured in a quad-biking incident while out feeding pheasants, and was only reported missing 52 hours later.  He was subsequently found near to his quad bike, having died from his injuries.

Assessment of suitability of lone worker’s role

The aim is to ensure that lone workers are no more at risk than other workers.  If this is not possible, employers should take action, e.g. the employee may not be suitable for lone working, or the activity may be too dangerous to be carried out alone.  The critical question is whether the job can be done safely by a single person at all. There is scope for disagreement between an employer primarily motivated by cost considerations and employees and their representatives concerned with safety. The employer should demonstrate that a lone worker is not exposed to extra risk compared to a group of employees doing the same job.

Definition of a lone worker

Lone workers are found in many types of businesses and may be contractors, self-employed, or employees.  They may:

work as individuals at a fixed site, e.g. in a shop or petrol station;

work separately from others, e.g. in warehouses, automated plants or research laboratories;

work away from their base or at remote locations, e.g. construction workers, maintenance, repair and cleaning workers, window cleaners;

work at home;

work outside normal hours, e.g. cleaners or security staff;

travel as part of their work, e.g. sales staff, estate agents or delivery/haulage workers, taxi drivers;

provide services to the public, e.g. social workers, home helps, community nurses, emergency workers;

work in remote settings, e.g. agricultural and forestry workers.

As can be seen from this list, lone workers are not in any way atypical workers; the term can cover anyone who works in a separate location, works irregular hours, or travels away from the workplace as part of their job.  In each case, both the employer and employee should be aware of the particular risks and obligations involved.

Your duty as an employer

There are no specific legal duties on employers in relation to lone working. However, employers are under a general duty under Section 2 of the Health and Safety at Work Act to maintain safe working arrangements and under Regulation 3 of the Management of Health and Safety at Work Regulations to carry out a risk assessment of the hazards to which their employees are exposed.

The Philiphaugh Estate trustees, as Mr Armstrong’s employers, were prosecuted under the Health and Safety legislation.  They had failed to meet their obligations in two respects –

they had failed to maintain a safe place of work;

they had failed to carry out a suitable and sufficient risk assessment in relation to Mr Armstrong’s employment.

The case highlights the importance of considering the application of the obligations under the legislation to lone workers, even those who may appear to be self-sufficient in the way that they work.  The obligations apply equally whether the employer employs a factory full or workers or a single employee who may have little contact with the employer and may operate quite autonomously. 

Risk Assessment – to be carried out by employers

The employer must carry out a risk assessment in relation to its lone workers, taking into account factors such as:

medical issues - does the job impose any extra demands on the lone worker's physical or mental stamina? Does the lone worker suffer from any illness that might increase the risks of the job?

supervision requirements;

possibility of exposure to violence; 

certain groups of people may face particular risks;

some risks will affect lone workers more than those who work with colleagues - some tasks may be too risky to be carried out unaccompanied.

The risk assessment must cover everyone in contact with the business, including customers, members of the public, family members of homeworkers.

Special procedures for lone workers to maintain a safe place of work

Once the risk assessment has been carried out, the employer must implement the findings and maintain a safe place of work.  The actions taken as a result of risk assessment may differ for lone workers, compared to those who work with the support of their colleagues.

Lack of supervision of more experienced colleagues – there may be a need for extra training. 

Lack of control over working hours – employees must be made aware of the need to take regular breaks and should be encouraged to clock in and out so that working hours can be monitored.

Some activities may not be suitable for lone workers – there are legal duties relating to erection of scaffolding, use of unsupported access equipment, demolition on construction sites, diving operations, and work with certain chemicals.

Wherever the work is carried out, the employer should ensure that:
* there is a safe means of entry and exit to the workplace; 
* there is a safe means of entry and exit to the workplace;
* there is adequate illumination, heating and ventilation for the job to be carried out;
* all equipment, especially powered tools and access equipment such as ladders, can be used safely; 
* lifting operations can be performed safely by one person; 
* fire precautions are sufficient for the job.

Effective communication

In the Philiphaugh Estate case, the trustees had failed to provide a means of communication between themselves and Mr Armstrong.  In addition, there was no system in place to ensure that he returned safely from his duties at the end of each day.   Consequently, Mr Armstrong was not reported missing until 52 hours after the accident. 

Maintaining contact is crucial and should involve a review of the following:

The use of mobile phones, radios and emergency alarms should be considered, together with a system for clocking in and out. 

Mobile workers should be asked to provide a daily itinerary so that the employer can keep track of their whereabouts.

Responsibilities of the lone worker

As well as the employer’s obligations, the lone worker also has responsibilities towards the employer:

They must take reasonable care to look after their own health and safety, and the health and safety of those with whom they have contact;

They must cooperate with the employer’s health and safety procedures, use tools and equipment properly, and must report any accidents or near misses to the employer.

Homeworkers

There are particular factors to consider in relation to homeworkers:

safety aspects - poor lighting, old wiring, fire risks;

risks to children and other family members;

other potential hazards which would not be found in other work environments, e.g. pets

demarcation of health and safety responsibilities between the company and the homeworker;

An important issue in relation to homeworking is the relationship between the employer’s obligation to maintain a safe working environment, and the employee’s perception that they are responsible for health and safety issues within their own home.  Clear demarcation, both of responsibilities and perhaps of the physical area within the home to be used for homeworking, is therefore important.  It is good practice to conduct risk assessments that are specific to each homeworker’s work environment, and involve the homeworker in the process of identifying potential hazards.  The employer may need to visit the employee’s home, and may have a homeworking policy setting out steps to be taken by the employee.  The risk assessment should be reviewed if the homeworker’s circumstances change, e.g.  pregnancy or a house move.

There is no obligation on an employer to provide the equipment necessary for homeworking. However, employers should ensure that any duties they may have towards each individual homeworker are complied with. For example, if a homeworker has a disability, the provision of equipment (or reimbursement of the employee's equipment expenses) may be required as a reasonable adjustment under the disability discrimination legislation. 

Further information

For more information or advice relating to your own specific requirements, please contact Neil Maclean or your usual contact in the Employment team.