Violence

The 2012-13, the Crime Survey for England and Wales (CSEW) found that 323,000 adults workers experienced work related violence including threats and physical assault. There were an estimated 649, 000 incidents of violence at work including 332, 000 assaults and 317, 000 threats.

The employer’s duty of care under the Health and Safety at Work etc Act 1974 includes preventing violence at work. The HSE says that risk assessments should include violence wherever it is a significant risk.

Under RIDDOR (see Chapter 10), employers must report any incidents at work if they result in death, a specified injury or incapacity for normal work for seven or more days. This includes incidents where injury is caused by physical violence. In April 2012, the trigger point for the reporting obligation following incapacity for normal work was increased from three to seven days.

Emergency workers have some legal protection from assault. The Emergency Workers (Scotland) Act 2005 made it a specific offence to assault, obstruct or hinder someone providing an emergency service or someone assisting an emergency worker in an emergency situation. In 2008, the law was extended to include protection for GPs, nurses and midwives working in the community.

The Emergency Workers (Obstruction) Act 2006 applies to England, Wales and Northern Ireland. Under the Act, it is an offence to “obstruct or hinder” emergency workers responding to “blue light” situations. The Act defines emergency workers as firefighters, ambulance workers and those transporting blood, organs or equipment on behalf of the NHS, coastguards and lifeboat crews. (The police already have their own obstruction offence in the Police Act 1996). The maximum penalty for an offence is £5,000.