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Procedures for serious and imminent danger
[ch 3: pages 46-47]Regulation 8 requires all employers to set up procedures to be followed in the event of “serious and imminent danger to persons at work”. A sufficient number of competent personnel, with sufficient training and experience, must be nominated to implement the procedures, which must normally be written down. Employers must make any necessary contacts with the external emergency services regarding first aid, emergency medical care and rescue work (Regulation 9).
These procedures should enable employees to stop work and immediately proceed to a place of safety in the event of being exposed to “serious, imminent and unavoidable danger”. The regulations state that the people concerned can take appropriate steps, including stopping work, “in the absence of guidance or instruction or in the light of their knowledge”.
Workers have some protection if they “stop the job” in these circumstances. Under Section 100 of the Employment Rights Act 1996, it is automatically unfair to dismiss employees or safety reps who withdraw to a place of safety or take other appropriate steps to protect their own safety or that of others because they reasonably fear they are in serious and imminent danger.
Chapter 4 sets out examples of employment tribunal decisions relating to this right.
Injunction stops prison officers addressing safety concerns
The POA prison officers’ union accused the then Justice Secretary Liz Truss and senior officials at the Prison Service of hiding behind anti-trade union legislation after they obtained an injunction to prevent the union from withdrawing from “voluntary tasks” in its dispute over pay, conditions and safety concerns related to escalating violence in prisons. The POA is not allowed to take industrial action, but argued that members’ refusal to undertake a number of voluntary roles did not amount to industrial action.
“The fact is the injunction will not stop violence in our prisons, the failed recruitment and retention policies nor all the other disturbing statistics that are now common knowledge such as the increase in riots, concerted indiscipline, self-harm, drug availability and the lack of discipline and security in our prison system,” the union said. Ministry of Justice figures released in October 2016 showed that assaults on prison staff increased by 43% in the year to June 2016.