Workplace Safety and Culture: when the rules don’t match the practice

When you go to work, you expect to be safe. Workplaces should have structured safety measures in place to ensure that you’re protected while at work, and to make sure that if any accidents happen, they’re properly investigated and dealt with.

Knowing what to look out for, and how to deal with inconsistencies can help you feel protected in the workplace.

What roles tend to be more at risk?

Every role, no matter what the job, should have the correct safety regulations in place. However, there are some roles that are more at risk of injury due to their very nature, for example:

• Jobs involving the use of machinery can lead to injury due to factors like lack of proper training or poor safety guarding.
• Construction roles can carry risks like falls from height if there are insufficient restraints.
• Working in depots with unclear pathways can lead to tripping hazards if there are obstacles on the walkways.
• Roles that use equipment such as wire cages or forklift trucks, like those in warehouses, can produce more accidents due to improper training and use.

What is RIDDOR and how does it fit in with workplace safety and culture?

RIDDOR, the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013, is a UK legislation that makes it a requirement for employers and supervisory or management staff controlling a workplace to report any accidents, injuries and occurrences covered by the legislation to the HSE (the Health and Safety Executive).

Keeping track of anything that puts employers and their employees at risk can ensure that the right measures are taken to avoid accidents, providing a safer work environment.

What matters more: culture or the policy laid out on paper?

It’s one thing having a clear policy laid out on paper, but if it isn’t put into practice, then it’s not as effective. What’s set out in a policy may differ greatly from what happens during the day-to-day workplace, and this can be a pivotal point in examining where the accidents crop up.

Protecting employees, especially on a large scale, can cause pressure to do everything correctly. However, this pressure can also mean that individuals may try to complete tasks quicker, leading to potentially risky shortcuts. This may cause employees to believe a culture of risks is acceptable – something to just get on with, as opposed to issues being properly addressed and corrected.

You may notice signs of this sort of culture through certain actions and phrases, for example, mentioning how a process has always been done in this way. It’s worth noting that even if processes have been done a certain way for a long time, doesn’t mean this is the correct way. By accepting processes being done incorrectly due to pressure or even just routine, opens the workplace to more accidents and injuries.

Who’s responsible? It’s not always easy to tell

Suffering an injury or accident at work can invoke a mixture of emotions: stress, uncertainty, pressure. And sometimes, it’s not clear where you can go to gain peace of mind, especially if your workplace’s culture hasn’t been clear about safety precautions.

Should several parties be involved in an incident, it can become a complex job of identifying who is liable for any injuries caused. For example, if you’re in an accident at work where there’s both a main contractor and a subcontractor on-site at the same time, it can be difficult to know who is liable. If you suffered a workplace an accident, injury or any other occurrence, then knowing who to turn to for advice is one of the first steps in understanding who’s responsible.

Finding the cause to your incident

One of the first steps to consider after suffering an injury or accident in the workplace is to find out what caused it. Was it some faulty equipment, lack of training on the use of machinery, or simply some human error? While your first instinct might be finger quickly at what caused it, it’s better to slow down and think – what else played a part in the accident, and did your workplace’s culture contribute to the incident?

• Were you instructed to work at a quicker pace than is safe?
• Were shortcuts something that you were told were normal?
• Did you raise any queries that were dismissed?

Asking yourself questions like these after an incident can help you understand the incident more and why it happened.

What compensation for a workplace incident can cover

Compensation claims can vary depending on your unique situation, incident and the effect it’s had on your life. Your claim, if successful, will pay for factors such as loss of earnings from time off work and treatment costs.

If you have a serious injury, for example an amputation, that has the potential to get worse as time passes, you could potentially claim for provisional damages. Provisional damages mean that you can seek more compensation in the future if your conditions worsen over time, even if you couldn’t anticipate they’d occur when you first set up your claim.

Claims can cover a range of losses, which is why it’s essential to understand your injury completely so that you get what you deserve. Even though compensation can’t fix all problems caused by a workplace accident, for many it can be a start.

Consider these points before setting up a claim

While claiming might seem like the next best step, you should consider a few things – firstly, the time frame. Usually, with any compensation claim, there’s a time limit, and in the case of workplace incidents, it’s typically three years from the date of said incident.

Additionally, it’s important to note that employers must have their own liability insurance – this means that employees have a way to claim compensation if an accident or injury were to occur at work. If, unfortunately, you get into an accident or acquire an injury, and need four or more days off to recover, your incident has to be reported under RIDDOR.

These are just some aspects that should be taken into account before setting up your claim.

Being safe in the workplace: putting it into real practice

The thought of an accident happening to you while at work can make you feel nervous, especially if you think your workplace’s culture won’t handle the incident in an acceptable manner. Having the right rules and regulations in place means it should be easier to spot if the culture doesn’t match the practice in future settings, so you can get on with your work – no cutting corners necessary.

How Can We Help?

Rhian Lowe is a Partner and Head of our Civil Litigation Team specialising in medical negligence and personal injury.

If you have any queries on the above subject, please do not hesitate to get in touch with Rhian on 01206 694 585 or complete our online enquiry form.