Violence

The 2010-11 British Crime Survey (BCS) disclosed approximately 341,000 physical assaults by members of the public on workers and 313,000 threats of violence. Those most at risk are police officers and frontline health and social welfare workers.

Retail workers are also at risk. Retail union Usdaw’s annual survey of abuse, threats and violence against shopworkers, conducted as part of its on-going Freedom from Fear campaign, revealed that over a million shop workers were assaulted, threatened or abused in 2010. 6% were subjected to violent attack, 37% were threatened with harm and a massive 70% suffered verbal abuse. The requirement to ask for ID before selling alcohol is a particular flashpoint for abusive behaviour. A 2012 survey by the British Retail Consortium supported Usdaw’s findings and reported an 83% rise in the number of reported incidents of verbal abuse, threats and violence against shopworkers in 2011, not including the August riots.

The employer’s duty of care under the Health and Safety at Work Act 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, major 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.