• While the recent focus on tenant safety is both welcome and necessary, housing providers must not lose sight of their ongoing responsibilities to protect the health, safety and wellbeing of their employees.

One area receiving increasing focus is the management by employers of the risks relating to employees’ exposure to hand-arm vibration (e.g., whilst using hand-held tools).

We have seen a number of HSE prosecutions relating to employees who have developed Hand Arm Vibration Syndrome (HAVS) or Carpal Tunnel Syndrome (CTS) as a result of their work activities – with the most recent prosecution resulting in a fine of £140,000. 

Housing providers must ask themselves whether they understand their obligations surrounding the management of hand-arm vibration, and ensure that measures taken are suitable and sufficient to mitigate the risks to employees and to achieve compliance. 

Legal duties for employers
Employers have a duty under section 2 of the Health and Safety at Work Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees. This includes protecting them from the risks of hand-arm vibration. The HSE can take enforcement action against employers under this section for failing to do this. More often, however, the HSE takes action with hand-arm vibration under the Control of Vibration at Work Regulations 2005. The HSE set out a useful summary on its website of the specific obligations for employers under these regulations, which we have reproduced below.

1. Assess the vibration risk to your employees and take action to reduce vibration exposure that produces those risks.
2. Decide if employees are likely to be exposed above the:
   • Daily exposure action value (EAV) and if they are: introduce a programme of controls to eliminate risk, or reduce exposure to as low a level as is reasonably practicable; and/or the
   • daily exposure limit value (ELV) and if they are: take immediate action to reduce their exposure below the limit value.
3.  Make sure the legal limits on vibration exposure are not exceeded.
4. Provide information and training to employees on health risks and the actions you are taking to control those risks.
5. Carry out health surveillance (regular health checks) where there is a risk to health.
6. Consult your trade union safety representative or employee representative on your proposals to control risk and to provide health surveillance.
7. Keep a record of your risk assessment and control actions.
8. Keep health records for employees under health surveillance.
9. Review and update your risk assessment regularly.

Failure to comply with these duties can result in enforcement action, including prosecution.

RIDDOR Reporting Obligations
When an employee is diagnosed with HAVS and/or CTS and the condition is likely to have been caused or worsened by their work with handheld power or vibrating tools, a report is required to be submitted to the HSE under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR).

Where a RIDDOR report is made, the HSE can investigate further by asking questions and requesting documents. The responses provided can be critical in determining whether the HSE pursues further action. 

On making a RIDDOR report, housing providers should be prepared and able to supply appropriate risk assessments, policy and procedure documents and health surveillance records. Where lessons learned and improvements have been identified through any reviews conducted, these should be implemented, with progress closely monitored.

How we can help
Our regulatory team is experienced in providing strategic advice to housing providers facing potential enforcement action for health and safety breaches. If your organisation has identified issues with its health and safety processes or if you require support with:

• Drafting and submitting a RIDDOR report;
• Responding to a HSE investigation; or
• Reviewing or updating risk management policies and procedures,

please get in touch with Lorna Kenyon-Pain or Elizabeth Massey.