In recent weeks, proposed new legislation has highlighted increasing concern over violence in the workplace. In June, the UK Department of Health outlined new plans developed by the NHS Security Management Services, which propose fines of £1,000, together with the power to remove individuals who are threatening or abusive to NHS staff.
In addition, the Private Members Emergency Services (Obstruction) Bill looks to introduce a specific offence with fines of up to £5,000 against those who are violent or obstructive towards the emergency services, including the police, fire, ambulance and coastguards.
Over the last 18 months, surveys and statistics released by both the public and private sector have identified an increase in reported incidents of violence. These include a 62% increase in attacks against job centre staff, a 12% increase in violent incidents reported on English and Welsh railways and similar increases reported against retail staff. In the security sector, the last 12 months have seen a significant rise in cash-in-transit robberies often involving violence to guards. This has prompted calls on the Government to take business crime seriously.
Despite a 'zero tolerance' policy to protect staff against assaults, NHS statistics reveal that one in every 22 NHS staff has been assaulted - a statistic which, according the UK's largest health union is 'just the tip of the iceberg'. The health service has responded with a 15-fold increase in the number of prosecutions. However the power to remove violence is not without difficulty, particularly when a substantial proportion of the abuse and violence occur in the accident and emergency department and are alcohol or drug fuelled. This can, at times, disguise symptoms of a more significant injury and leave a doctor with a difficult clinical judgment whether or not to treat the aggressive patient.
Recent reported cases of violence include water board engineers in Coventry refusing to get out of their vehicles to mend a damaged water hydrant for fear of attack. This left gallons of water cascading from a vandalised hydrant into homes.
However, violence is not just a British phenomenon. The International Labour Organisation recently published findings of a new study, Violence at Work, which identifies violence, bullying and harassment as an increasing concern affecting all developed countries. In Australia, the estimated cost to employers is A$13bn per year.
Act positively
It is clear that violence and abuse remain a significant issue for employers, imposing not only a direct cost on their business through disruption, lost time and poor morale, but more importantly a personal cost to members of their staff who are unfortunate enough to fall victim to violence. In many cases, victims may make a relatively quick recovery from their physical injuries, but are often left with long term psychological problems.
The National Board of Crime Prevention provides us with some insight as to the primary causes of workplace violence. Published statistics reveal that 70% of all physical attacks on workers arise as a consequence of attempted theft, facing an angry customer or simply dealing with a troublemaker.
These are some of the issues which employers need to consider when carrying out a specific risk assessment to identify where, when and why violence and abuse occurs in their organisation. It is also important for employers to secure and track data identifying the number and nature of incidents and to undertake a proper analysis of the results. This will provide an employer with a platform to review and, where necessary, introduce changes to training, methods of work, environmental issues and their security provisions. Companies and public bodies should also consider the message they send out either individually or as a member of a trade organisation or in conjunction with trade unions, local police or business crime partnerships. An example is USDAW's 'Freedom from Fear' campaign for retail workers.
Prosecutions, are only one of the weapons in the employer's armoury. Others include helping local authorities or police to secure orders which restrict individuals from entering into certain places or areas, or carrying out anti-social acts. These include ASBOs, restriction and curfew orders. Also, consider a civil action against the culprit to recover losses such as wages paid when a member of staff has been off work due to injuries sustained through violence.
While proposed changes to existing legislation - as a supplement to campaigns run by the NHS and others against abuse and violence - are welcome, they do not, themselves, tackle the underlying causes of violence. Their effectiveness as a deterrent depends upon the employer's willingness to use any additional powers provided, prosecute individuals and publicise success.
The message that violence and abuse will not be tolerated needs to be delivered. It must be part of an organisation's health and safety policy that violence will be taken seriously, staff will be protected and all incidents must be reported. The organisation must demonstrate its commitment both through the provision of resources and making the necessary changes to reduce the risk. If successful then shout about it. Local and national press are very successful in highlighting campaigns and successful prosecutions and are only too willing to name and shame.
- Noel Walsh is partner and head of workplace safety at law firm Weightmans, www.weightmans.com
