B8 Work related violence Flashcards
definition of work related violence
any incident in which a person is abused, threatened or assaulted in circumstances relating to their work
scope or work related violence
physical violence (kick, spit, hit, push)
verbal abuse
non-verbal abuse (e.g. stalking)
other threatening behaviour
effects of work related violence - employee
pain, distress, disability, death
psychological / emotional
stress / anxiety / depression
effects of work related violence - employer
poor morale poor organisation reputation staff retention problems staff recruitment problems absenteeism higher insurance costs compensation payments
stats 2015/16 - Crime Survey for England & Wales / HSE / Labour Force Survey
1.4% of working adults are victims 350000 experienced work related violence 698000 incidents 329000 assaults, 369000 threats 46% where strangers were the offenders 4697 RIDDORs = physical violence 41000 injuries (Labour Force Survey)
industries susceptible to work related violence
health care residential care public admin / defence education social work retail food & drink work with psychiatric work with D&A impaired lone workers young workers / trainees - less experience of how to deal with situations night / shift workers - more violent incidents at night home visitors - anxious / worried may become violent handling money / valuables inspection / enforcement roles
sources of info ref work related violence
staff surveys informal discussions staff questionnaire incident reporting trade unions trade associations press articles
data items to collect ref work relate violence
what happened details of assailant outcome eg staff absence location potential severity
assessment of work related violence
identify who is at risk identify patterns from data, common causes identify suitable control measures evaluate risks record results review
legal requirements to manage work related violence
HSWA section 2 esp where employer is aware of the risk of violence
MHSWR 1999 - risk assessment & principles of prevention
RIDDOR 2013 - violence resulting in over 7 day absence
Equality Act 2010 - protect those with protected characteristic from harassment (age, disability, gender reassignment, marriage / civil partnership, pregnancy / maternity, race, religion, sex, sexual orientation
Public Order Act 1986 - enforced by police, covers physical abuse, threats, abuse
employers common law duty ref work related violence
duty to protect staff from violent attack from the public
injury = sue for negligence
leave because risk unacceptable = employment tribuna
O’Toole v First Quench 2005
First case = Collins v First Quench 2003 (Scottish case)
Won damages as judge ruled that risk of robbery would have been reduced with 2nd staff member present
O’Toole v First Quench 2005 (English case)
Court held it was unreasonable to double staff number to deter robbery
Mitchell & Others v United Co-op Ltd 2012
PTSD of ladies that worked in Co-op store near Manchester following robbery.
RA showed high risk of robbery - 2 x robberies before shop owned by Co-op. 10 robberies following ownership after security screens removed.
Other controls implemented, eg panic alarms, CTV, holding limited cash, staff training
Ruling - Co-op had taken reasonable steps, direct link between robberies and removal of screens could not be made. Screens would not have prevented psychiatric injury. Cost of full time security prohibitive.
Case dismissed
legal aspects ref reasonable force
entitled to protect yourself if in fear of their life or safety of another person
must not use more force than necessary / reasonable
physical control measures
cash free systems pay staff via bank transfer better layouts - seating, decor, lighting info ref waiting times in waiting rooms remove items that could be used as weapons CCTV alarm systems security doors wider counters - greater than arms length protective screens barriers security patrols panic buttons / personal alarms
