We are often shocked at the number of owners and directors of businesses who are totally unaware that they have legal responsibilities when it comes to training their employees. Without droning on about the various related legislation it is worth saying that an employer should not ask an employee to undertake any task without ensuring that the employee is trained to a level where competence can be evidenced.
A Bridgend based contractor was fined £40,000 following the fatality
Such a duty applies to using a pair of short step ladders just as much as it does to operating a tower crane. If the employee is not trained to carry out the task then he/she should not be asked to do so.
Two recent prosecutions bring home the reality of what can happen if training is not carried out:
- Firstly a Bridgend based contractor was fined £40,000 plus £30,000 costs following the fatality of one of their ground workers who was using a digger on site despite not having been trained to do so.
- The other fatality involved a surveyor who received a fatal shock when a metal surveying pole he was holding touched an overhead electric cable; again the individual had not been trained in the use of such a pole near electricity. This resulted in a £25,000 fine for the employer.
If you own or manage a business it may be worthwhile checking that all your team is trained to do their job. Remember also that whilst most prosecutions are still aimed at the employer more and more cases are targeting the individual who controls the business as well.
