What Legislation Applies to Lone Working?

Lone working is common in the health and social care sector. It involves employees working by themselves without direct supervision. This scenario can pose unique health and safety risks. To protect these workers, several legislation pieces in the UK provide guidance and requirements. Employers must understand and implement these laws to offer a safe working environment for lone workers.

The Health and Safety at Work Act 1974 is the primary piece of legislation covering occupational health and safety in the UK. It sets out the general duties employers have towards employees, including those who work alone. The Act’s objective is to ensure the health, safety, and welfare of employees while at work.

For lone workers, the Act implies specific responsibilities for employers:

• Identifying potential hazards in the workplace related to lone work
• Assessing risks those hazards present to lone workers
• Implementing measures to reduce or eliminate identified risks
• Providing information and training to ensure lone workers’ safety

Management of Health and Safety at Work Regulations 1999

The Management of Health and Safety at Work Regulations 1999 expand on the general duties outlined in the Health and Safety at Work Act. One of the regulation’s central requirements is conducting risk assessments. Employers must identify any risks related to lone working and take action to mitigate them.

These regulations stipulate that employers must:

• Regularly review and update risk assessments
• Provide health and safety training for lone workers
• Implement emergency procedures specifically designed for lone workers
• Ensure lone workers have the means to communicate in case of emergencies

Employers must also ensure that lone workers are capable of carrying out their tasks without exposing themselves to risks. This could involve physical limitations or understanding of potential hazards.

Workplace (Health, Safety and Welfare) Regulations 1992

These regulations address the physical conditions of the workplace. They cover aspects like lighting, temperature, and facilities. For lone workers, the environment can actually impact their safety.

Employers have a duty to make sure that the workplace conditions do not pose additional risks to those working alone. Consider the following when assessing lone worker risks:

• Adequate lighting for safe work
• Suitable temperature control, especially for workers in isolated areas
• Provision of appropriate facilities, such as restroom access

There should be plans to ensure lone workers can safely access these facilities whenever necessary.

Provision and Use of Work Equipment Regulations 1998

The Provision and Use of Work Equipment Regulations 1998 (PUWER) require employers to ensure work equipment is suitable for its intended purpose, maintained in safe condition, and correctly installed to minimise risks. These regulations apply to lone workers in situations where they might be using machinery or equipment.

Responsibilities under PUWER for lone workers include:

• Ensuring equipment is safe for use without supervision
• Providing training and instructions for equipment operation
• Establishing procedures for regular equipment checks and maintenance
• Ensuring access to help if machinery or equipment fails

If lone workers must inspect or repair equipment, employers must assess the risk of doing so alone and provide extra training or resources to ensure safety.

Personal Protective Equipment at Work Regulations 1992

The Personal Protective Equipment (PPE) at Work Regulations require employers to provide appropriate PPE to employees exposed to health or safety risks while working. This is essential when lone workers face hazardous tasks where access to immediate help is unavailable.

Under this legislation, employers must:

• Assess the need for PPE based on risks identified
• Provide suitable PPE and ensure it’s used correctly
• Train lone workers on the correct use and maintenance of PPE
• Regularly review PPE effectiveness and suitability

Employers should also ensure that replacement PPE is readily available should the need arise.

Employers’ Liability (Compulsory Insurance) Act 1969

The Employers’ Liability (Compulsory Insurance) Act requires employers to have liability insurance. This cover protects employers against claims from employees who suffer illness or injury as a result of their work.

For lone workers, employers’ liability insurance ensures that:

• Compensation is available if they suffer an injury or illness on the job
• There is protection against financial loss from compensation claims
• Insurance remains valid and up to date as working conditions change

Employers should keep insurance certificates up to date and display them where employees can view them.

Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 2013

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) require employers to report and keep records of particular workplace incidents. This includes work-related accidents, diseases, and dangerous occurrences.

In application to lone workers, RIDDOR mandates:

• Reporting injuries or incidents affecting lone workers
• Maintaining accurate and detailed records of such events
• Using these records to inform risk assessments and safety improvements

Recording incidents helps employers recognise patterns that may indicate emerging risks to lone workers.

Control of Substances Hazardous to Health Regulations 2002

The Control of Substances Hazardous to Health (COSHH) regulations require employers to control substances that could pose health risks to employees. If lone workers handle hazardous substances, there needs to be additional scrutiny.

Employers need to:

• Identify hazardous substances in the lone worker’s environment
• Assess potential exposure risks
• Implement measures to prevent or control exposure
• Provide training for safe handling and emergency procedures

COSHH ensures both employers and lone workers comprehend the risks associated with hazardous substances and manage them effectively.

Equality Act 2010

The Equality Act 2010 consolidates anti-discrimination laws. For lone workers, the Act protects against unfair treatment related to age, disability, gender reassignment, race, religion, sex, sexual orientation, and marital status.

Employers must:

• Treat lone workers fairly and without discrimination
• Make reasonable adjustments for lone workers with disabilities
• Ensure all lone workers have equal access to training and development opportunities

Promoting a fair working environment for lone workers supports their safety and wellbeing.

The Role of Technology in Lone Working

Technology plays a vital role in managing lone worker safety. Employers must integrate technology solutions, complying with data protection laws and enhancing communication.

Technology solutions include:

• Lone worker devices with GPS tracking
• Mobile apps for real-time communication
• Automatic check-in systems for routine safety confirmations

Employers should ensure technology complements existing safety measures and address privacy concerns related to tracking and data collection.

Regular Reviews and Continuous Improvement

Maintaining a culture of safety requires regular reviews and improvements. Employers must continually assess the effectiveness of their safety measures for lone workers.

Workers should participate in improving safety practices by:

• Providing feedback on current safety measures
• Reporting near misses or unsafe conditions
• Engaging in refresher training on safety procedures

A proactive approach improves safety outcomes for lone workers, setting a standard for normal operating procedures.

Summary

Lone workers need protection through comprehensive legislation. Various laws shape the approach employers must take in the UK. Employers should stay informed about legislative updates. Documenting procedures and training supports a safer working environment. Prioritising lone worker safety leads to better health outcomes and compliance with the law.

Creating awareness and understanding of these regulations ensures that employers effectively support and protect their lone workers in every situation. Providing resources, ensuring open communication, and involving lone workers in safety discussions further strengthen an organisation’s commitment to lone worker safety.