Donna Walmsley

An employer’s failure to enforce health and safety rules in the workplace can come at a high cost to both the employer and their employees.

 

Many people see ‘Health & Safety’ as a red-tape burden on employers. As a result, many employers resent the need to introduce correct and adequate safety procedures. If they do bother to introduce safety rules, they will, too often, approach the question of health & safety as a paper exercise: ticking boxes, writing safety rules and policies, while at the same time failing to implement those policies in practice.

Employers must actively enforce health & safety rules and policies to prevent workplace accidents 

Employers must go beyond health & safety ‘rule creation’. Creating health & safety policies and rules is not enough. Employers must actively enforce the rules and policies to prevent workplace accidents and avoid legal liability. 

 

Failing to adequately enforce health & safety rules leads to a workplace culture in which the rules are more honoured in the breaking than they are in compliance. Many workplaces have ‘unwritten rules’ and practices that directly breach the written rules. The ‘unwritten rules’ – “we always do it this way” – are often followed by employees in an effort to maintain speed and ‘get the job done’. 

 

Health & Safety Rules vs The Unwritten Rules of the Workplace

When acting for injured workers we have come across many instances where the Unwritten Rules of the Workplace are followed rather than applying the company safety policy. 

 

For example:

Health & Safety Rule: Machine must be stopped and switched off before clearing a blockage

Unwritten Rule: Clearing a blockage while the machine is still running.

 

Following the safety rule requires machinery to be stopped. This takes time. It can cause a delay in a production line or place extra pressure on the employee to keep up with their work. The Unwritten Rule allows the blockage to be cleared quickly and the work can continue without delay.

 

In many cases, management will ignore employees’ failure to follow the correct safety procedure. If a manager or supervisor sees a worker cutting corners, and failing to follow the correct procedure, they are effectively sending a message to the workers that it is acceptable to breach the safety rules. 

 

Things continue in this way and everything is fine … until a worker is injured.

 

 

Who is to blame if a worker is injured when failing to follow the company safety rules?

 

We have acted for many injured workers who have been injured while ‘bending’ the safety rule or following the ‘unwritten workplace rule’ which breaches the company safety policy.

The company insurers will invariably blame the worker for acting against company rules. In some cases, the fault will rest with the worker for deliberately acting against company instructions.

The matter is less clear-cut if management has ‘turned a blind eye’ and allowed workers to act in ways which do not follow correct safety procedures. In such cases, as a result of failing to supervise workers and ensure that safety rules are followed, the company could be held to be at least partly to blame for the accident or injury. This means that the injured worker will be able to recover compensation for their injury.

 

The high costs of failing to enforce health & safety rules

 

Introducing health & safety rules and policies should not be seen as a tick-box paper exercise. Written risk assessments to identify risks, and rules to eliminate or reduce those risks, are designed to keep workers and visitors safe. Failing to enforce the rules comes at a high cost.

 

1. Accidents and injuries: no one goes to work expecting to be injured, yet every year thousands of workers are injured at work. Workplace injuries range from minor to fatal. The HSE reported that 138 workers were killed in work-related accidents in 2023/24. In addition, 604,000 workers sustained a self-reported non-fatal injury in the workplace in the same period.

 

2. Legal Consequences & Financial Costs: Liability for an accident or injury can rest with the employer if they fail to take appropriate action to enforce health & safety rules and procedures. This can result in personal injury claims being made against the employer. 

 

Every employer must, by law, carry Employers’ Liability Insurance, but there may be an excess to pay by the company. Claims against the company could potentially result in an increase in insurance premiums.

 

In cases involving more serious injuries there may be an investigation by the Health & Safety Executive (HSE) or Environmental Health Officer (EHO) both of which can bring criminal charges against employers for breaches of health & safety laws. This can lead to large fines, director disqualifications, and even imprisonment in the most serious cases.

 

3. Operational Disruption: In 2023/24 the HSE reported that an estimated 33.7 million working days were lost in 2023/24 due to self-reported work-related ill health or injury. Having workers absent following an accident can cause disruption and operational difficulties for the employer. 

 

4. Damage to reputation: a poor safety record can damage the reputation of a business. This can have a negative financial impact and also make it harder to attract good workers.

 

 

Effective enforcement of health & safety rules

 

It is not enough to just write rules and health & safety documents. Simply providing workers with a copy of the company health and safety policies may not be enough, depending upon the type of work being undertaken and the ability of the individual employees.

 

Clear communication of health and safety rules and procedures is essential. It is important to communicate clearly with all employees. Employers should explain to workers why the rules are important in addition to explaining how the rules must be followed. The rules themselves need to be clear to avoid any misunderstandings and confusion.

 

Effective Training. All workers should be trained to carry out their work in accordance with clear safety procedures. Too many employers rely on quick explanations before asking the worker to sign a long list of check-boxes. If a worker does not fully understand the training, this is not effective and adequate training. 

 

Training should be appropriate, taking into account the nature of the work, and the age and experience of the worker. Employers should not assume that simply because a worker has been doing the job for a long time that they understand correct safety procedures. Workers may have been following the ‘unwritten rules’ that cut corners on safety.

 

Effective and Ongoing Supervision. Workers should be properly supervised to ensure that they fully understand and follow safety procedures. Supervisors and management should always strive to lead by example. If managers and supervisors don’t follow the rules themselves this will invariably result in workers following their lead. 

 

Regular reviews. Safety rules and procedures should be regularly reviewed to ensure that they are still relevant and effective. Risk assessments should be reviewed regularly, and inspections and audits carried out to identify and address any hazards. 

 

Employee performance reviews should ensure that workers are aware of, and understand, the correct safety procedures to be followed.

 

Disciplinary action. If, despite correct training and communication, a worker fails to follow health and safety rules the company should bring disciplinary action. Failure to bring disciplinary action, and allowing the unsafe behaviour to continue, effectively means that the company could be accused of ‘turning a blind eye’ to the unsafe practice.

 

Cultivate a strong safety culture. Companies with a strong commitment to workplace safety are much more likely to see a reduction in accidents and injuries. Employers have a legal duty to provide a safe place of work and to ensure that workers follow a safe system of work. These result in a safer working environment which can lead to improvements in staff morale, increased productivity, and a positive impact upon the company’s reputation.

 

In summary

 

An employer’s failure to enforce health and safety rules can come at a high cost to both the employer and their employees.

 

Those who dismiss ‘health & safety’ as a red-tape burden risk great harm to both their employees, their bank balance, and their reputation.

 

Making a real commitment to both creating and maintaining a safe working environment benefits both employers and workers alike.

 

Further reading

Company fined £60,000 after accident at work which left employee with a partial leg amputation

Have you been injured at work?

How to report workplace health & safety concerns