Human Resource

Management
Assignment 2
Case Study – Health & Safety Issues
at Café Nero

Student ID: 21013348

 CONTENTS

Page 2 Contents

Page 3 Introduction

Page 4 1.1 - Legal issues

The Workplace Regulations (Health, Safety and
Welfare) (1992)
The Management of Health and Safety at Work
(1999)
Page 5 1.1 Continued - The Health & Safety at Work
Act - (1974)
Employment Sick Pay

Page 6 1.2 - Procedural Issues

Seriousness of the incident

Page 7 1.3 Incident Report stages –

Reporting R.I.D.D.O.R
Statistics cited from www.hse.gov.uk

Page 8 1.4- Causes of Slip and Trip Accidents

Risk of the Accident Model

Page 9 1.4 Continued

Page 10 Conclusion

Page 11 Bibliography & References

APPENDICES

Page 12 Appendix A
Slip and Trip – Potential Accident Model

Page 13 Appendix B – Risk Management

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INTRODUCTION
In this report I will advise the Manager at Café Nero of the procedural and
legal issues to follow in the event of an employee having a ‘slip and trip’
accident at the workplace. This report will outline the relevant legislation acts
applicable to both the injured staff member and the café manager. After
covering and identifying the relevant parts of legislation, it will enable me to
state the applicable procedure methods to consider in the case study.

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1.1 L eg al Issu es

Legislation acts

This incident includes the practicality of two issues – 1.1 Legal and 1.2
Procedural. I will discuss the different legislations that protect employees in
a situation of Health & Safety, which will help both employees and employers
to understand their rights and obligations to the law.

The Workplace Regulations Act (1992)

This act ensures that management provide employees with a suitable

working environment that is productive of work activities and is obstruction
free in the workplace premises. The legislation covers effective conditions of
the workplace environment such as lighting, sanitary, equipment,
workstations, room dimensions and space. Although Under the regulation,
the employer also must make ‘suitable’ welfare facilities for employees
including those individuals with disabilities. From an ethical perspective the
waitress should’ve of been aware of common spillages and un-safe hazards
from the compulsory H&S practices of staff training, but with the hazard
being non visible, it is difficult to question whether the employer is liable
under this act without a technical investigation.

The Management of HASAW Act (1999)

Under this law it is the employer’s responsibility to impose general principles

of developing a prevention policy that manages the working conditions and
assessments of risks such as slip & trip to all employees. Employers must
also provide employees with the relevant training to staff especially young or
temporary workers because of the lack of H&S knowledge they may have,
and must demonstrate to them the necessary control measures of risk
controls,

Was the waitress in question young? (Under 16 or below the working age) or
was the waitress inexperienced to general principles? This remains
questionable and can be factors that were penetrated because of the
employer’s role in managing their safety. The act enforces that employees
have a legal duty to report accidents and hazards that may cause danger or
illness and must notify the employer to make the necessary safety
arrangements. Any breaches of this act by the employer could result in legal
enforcement under The Health and Safety (Offences) act (2008).

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1.1 Con ti n u ed

The Health & Safety at Work Act (1974)

This main body of the H&S legislation act ensures the waitresses welfare and
safety is protected especially to those whom may be affected by their routine
working activities. Under the HASAW act employees have the legal duty of
not placing themselves or other individuals in any danger, and must cohere
and practice policies which state maintaining a safe working environment for
all workers. A cause of the accident could be due to the waitress’s lack of
comprehension of safety equipment provided by the employer, which must
have the relevant guides and information on how to use apparatuses from
suppliers and manufacturers. They too have also a legal duty to provide the
appropriate information about the use of products that may impose
technicality and self-harm without necessary instructions this is also
supported under the sub legislation for - Construction Design and
Management Regulations (1994)

Employment Sick Pay

The waitress has entitlement to sick pay because of exceeding the minimum of 4
days sick leave she had to take off work. Employment contracts vary with
different employers and can determine the type of sick pay collectable from
them.

Two types of sick pay;

(I) Contractual sick pay (SSP) (II) Statutory sick pay

The waitress will NOT be able to claim any type of sick pay if: (1) She has been
working within a 3 month probation period (2) or is a new employee whom has
not done any work under contract. She’ll have to provide evidence of injury
/illness or medical information as its compulsory for record and audit purposes,
required even if the manager witnessed the accident. Continuity of payment ‘if’
not stipulated in the contract may have an ‘implied contract’ term and therefore
will need to be addressed by the employer.

Variable pay schemes and assessments can be seen at the following link;
(http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOt
herSupport/Illorinjured/DG_10018786)

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1.2 Proc ed u ra l Issu es

Seriousness of the incident

Firstly it is important to understand the severity of the accident, were the

waitress slipped and tripped on a spillage, which in affect caused physical
damage and the staff member having to take more time of work than the
prior 3 weeks.

A breach of not having an effective Health & Safety Management system

imposed by the H&S commission which states - “The workplace requires
floors to be suitable, in good condition and free from obstructions. People
must be able to move around safely
- Health, Safety and Welfare Regulations (1992). It seems that the risk
management at the café seems to be very poor and not meeting the
provisions of this requirement.

Assessments of potential high risks that can affect members of the public
and staff in the workplace must be carried out by employers on a regular
basis. It can safely be assumed that in this situation the risk was not
acknowledged by any members of staff especially the café manager as he
was a witness and therefore did not initiate an immediate response to the
risk. Therefore a failed compulsory ‘duty of care’ was not provided to the
staff and public members.

Every organisation should have an implemented safety management system

which identifies the problem areas on site and after findings of any particular
risk must be recorded for any business with more than 5 employees.

In most cases such as this an accident is usual caused due to lack of

management and awareness of the necessary preventions measures. The
following are factors which usually occur and are what could have caused the
accident

• Lack of risk assessments and management control

• Individuals not being educated of the HSE regulations
• Non-regular monitory of slip and trip hazards at the workplace
• Not taking the inevitable risks seriously and using incorrect measures.

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Slip and Trip are responsible for an average of 2 fatalities a year, which are
known to be more frequent in the manufacturing and service industries.
National HSE statistics at the end of 2009 show an average slip and trip are
responsible for over a third of accidents in the workplace, of which 20% of
over 3 day injuries to employees and are reported major injuries. This has
had an extreme affect on production costs, with an annual reported cost of
£512m to employers and a £133m to NHS and public health service.

1.3 In ci d en t Rep ort sta g es

Reporting R.I.D.D.O.R
After acknowledging the severity of the accident it is important to gather the
right information in order to make the report for investigations purposes or
even legal proceedings.

The accident qualifies to be reported in - The Reporting of Injuries,

Diseases and Dangerous Occurrences Regulations (RIDDOR) (1995).

This report allows you to record the event of the incident to superior staff
members such as employers whom are in control of the premises and it is
within their legal duty to carry out each incident report. For possible legal
proceedings and for the manager to again make a thorough investigation
under the RIDDOR Act (1995)

It is important and advised to take down eye witness statements that were at
the scene of the incident i.e.; the Barista and the duty manager and the
child’s parent that allegedly spilled the drink, this will improve the accuracy
of the report. This will also be valid information when contacting the Incident
Contact Centre (ICC) whom will make a record of the incident and review the
level of risk, it which it will be passed to the relevant enforcing authority.

Stage 1; Reporting the accident

As an employee at the café it is a requirement to make sure that you have

the Employee Accident Book (which should be submitted 10 days after a
reported Riddor report) for your own personal log of accidents and injuries
this will be a lot easier for the ICC to understand the terms of the report,
using this and an internal recording system.

Due to the staff member having to take more than a consecutive 3 days off
work, it is then required to fill the F2508- R.I.D.D.O.R. FORM (internal

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recording system) and should be reported to HSE authority. Using these
methods will ensure report accuracy so for incident occurrences within the
next 3 years, the ICC can contact the enforcing authority were if necessary
will be able to identify new exercises in Health & Safety regulation or
prevention systems to implement in the future of the organisation (café).

Stage 2; Contacting the HSE Authority

The manager at Café Nero by law is responsible to report the incident to the
ICC, which is done by contacting a contact centre operator via telephone or
email to report the Riddor incident were they will assess the severity. The
consultant will ask a few questions about the incident, and they will take
down the relevant details such as the time/date, main cause and the injuries
endured.

Again as mentioned before when in a case of possible court proceedings or

claim disputes the accident book and the internal reporting will be used in
the investigation process so it is important to record the witness statements
to reduce error and for authority bodies to identify whether it is a fact a
minor or major risk exposed, in retrospect of the injuries that the waitress
suffered.

1. 4 Ca u ses of ‘S li p an d T ri p ’ a c c i d en ts

Risks of the Accident model

The customers child spilled an orange juice drink on the floor were the
waitress ‘slipped’ and fell. Although that was the cause of the accident, there
are other factors to consider that could also be potential causes, this is
shown in the diagram in Appendix A (Figure 1.1). The diagram illustrates the
many factors to consider in this model when potential occurrences are going
to happen. All internal factors within the model indeed mean that the control
and regulations of operations in the café need to be exercised, such as
cleaning management, wearing suitable footwear at all times and the correct
flooring of the establishment.

Floor material

“Floors must not be slippery, so they put people’s safety at risk” – The
Health, Safety and
Welfare Regulations (1992)

Flooring at any organization must meet the standards of the Health and
Safety Executive [HSE] and the Health and Safety Laboratory [HSL] whom
implements the guidelines and requirements for the authority bodies on the
technical assessments and research for the slippery surfaces provisions. HSE
figures of 35,000 slip accidents are being caused at the workplace every
year, due to this the floors must be kept dry and be suitable for staff to
operate work activity in, without fear of slip. To ensure avoidance of hazards
such as uneven surfaces or holes, the floors must be maintained in orders i.e.
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slip coatings being correctly applied and floor surfaces to be cleaned
correctly to avoid slippage and contamination. Also displaying correct caution
and warnings i.e.; wet floor or slippery surface signs is important for public
safety.

Behaviour

Behavior contributes highly to the safety practices within organizations, and

can implicate on the productivity towards reducing levels of hazards and
efficiency towards conducting practices. Perception and Communicating risks
are elements that rely on behaviour of individuals and are also components
of a risk management -see Appendix B [Fig 1.2] the model illustrates
different stages involved in risk prevention and can be simulated to the
accident in the café accident.

“The Management of HASAWA (1999)” states “require employers to

carry out risk assessments, make arrangements to implement necessary
measures, appoint competent people and arrange for appropriate
information and training” this supports the fact that employees must comply
with the regulations and to have a standard conduct of behaviour disciplines
i.e., public awareness of their own and general public health and safety
codes of practice, education and awareness of HSE principles. For example
this could also include negligence of cleaning management and sanitations.
and although it is not highly sort for activity, legally it is the responsibility of
every staff member to clean and maintain the safety of their own workspaces
under the HASW Act (1974)

Footwear

Footwear is an important provision of personal safety especially where the

floor area does not always stay clean and dry. Assessments under RR780 slip
resistant report show that various flooring surfaces require different footwear
disciplines. It can be recommended that the organization implements
footwear requirements for staff members to ensure low slip risk. The
European standards testing governed by the Health and Safety Laboratory
[HSL] provides the testing for the suitable footwear in the workplace
environment. As regular inspection of the flooring is not carried out by
authority bodies, it could be recommended having an internal monitory
system to assess the condition of the flooring, due to the constant public
usage of the floor space. In addition this would cut costs and keep staff
awareness

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Conclusion

From the report analysis of both legal and procedural issues, it explains the
necessary protocols in following legislation and individual responsibility
towards health and safety management at work.

From an investigative view point, it seems that the employer is liable for the
accident as they have demonstrated a misconduct of lack of compliance of
the three health and safety laws detailed in this report, therefore putting the
waitress in unconsidered dangers.

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Lack of moral duty and risk management are the main issues that seem to be
prominent in this study, and are clearly important factors that protect
individuals in any work institution.
It can be identified that Café Nero has a fault within their control
management system,
(A low-cost system implemented is questionable) and staff are clearly not
aware of the safety regulations towards other individuals. I regard this as a
concern seeing that the café is within the service industry, and as mentioned
before, it is a very negligent cause of risk to have been exposed to, as
sanitation is a compulsory factor in maintaining hygiene and cleanliness
(especially) for the general public.

In 2005 a similar incident happened at an Asda supermarket in Pembroke. A

routine inspection was being conducted on the shop floor and an employee
slipped on a floor spillage and landed in the walk in freezer door on what the
spillage was reported as an excessive build up of ice from a freezer. As a
result the staff member endured a severe injury and Asda were summoned
with a court order were they fined £3,500 and £650 for a breach of RIDDOR
and £6000 fine to the council. This is a clear example of the seriousness of
the accident and the possibility of its repercussions. This incident can cause
Café Nero a negative reputation and may prevent customers from wanting to
visit the diner because of the uncertainty of assurance towards their own
safety. It is situations such as this that has contributed to costing businesses
over £500m at the end of 2009 due to unsighted accidents. Again this is a
common hazard but is inexcusable ‘if’ the correct preventions and
management are being followed.

This concludes with the questions; Are the laws being followed? Or are they
just being ignored? I personally think they are being ignored and suggest
that Café Nero make some very effective changes to prevent this situation
from occurring again.

BIBLIOGRAPHY AND REFERENCES

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Books

Stranks, Jeremy (2005) The Manager's guide to health & safety at work, 8th
Ed. Kogan Page Ltd

Direct Gov website

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/BenefitsTaxCreditsAndOtherSupport/Ill
orinjured/DG_10018786

Health and Safety Executive {HSE}

(http://www.hse.gov.uk/involvement/doyourbit/subsidised-training.htm

(http://www.hse.gov.uk/pubns/indg174.pdf

(http://www.hse.gov.uk/pubns/indg244.pdf

(http://www.hse.gov.uk/riddor/riddor.htm)

(http://www.hse.gov.uk/slips/causes.htm#cleaning)

(http://www.hse.gov.uk/slips/introduction.htm)

(http://www.hse.gov.uk/statistics/causinj/slips.htm)

(http://www.opsi.gov.uk/sr/sr2003/nisr_20030036_en.pdf

News Article
http://www.shoponline.co.uk/incourt-content/full/asda-in-hot-water-over-
freezer-failings

Satra Technology Center

www.satra.co.uk/spotlight/article_view.php?id=274

Office of Public Sector Information [OPSI]

http://www.opsi.gov.uk/acts

APPENDIX A

SLIP AND TRIP - POTENTIONAL MODEL

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 Fig 1.1 Slip and Trip Potential Model

Floor Material
Controllable
Contaminatio
n
Environment Slip and Trip
Potential

Behaviour
Use

Footwear
Predictable
Source: www.satra.co.uk/spotlight/article_view.php?id=274

Measures

The ‘slip and trip’ model has combined factors that can effectively cause
risks in the workplace. Each of these elements obtains hazards and requires
training, maintenance and monitory systems to assess the slip resistance
levels.

At the upper scale of the model this measure shows risk capabilities of
controlled factors. These are factors that although can develop into high risks
they can be manageable through using the 5 steps in assessing risks at work;

At the lower end of the scale this measure has potential risks that commonly
occur, not in regard to the risk it can cause, but towards the variability of its
nature. For example; wearing suitable footwear on the right flooring will
avoid direct hazards, but environmental changes such as humidity can play
affect because of issues such as condensation, therefore making the floor
surface moist & wet and creating another predictable risk.

1. Identify the hazards

2. Decide who might be harmed and how
3. Evaluate the risks and decide on precaution
4. Record your findings and implement them
5. Review your assessment and update if necessary

The Steps can also be found at the following link

(http://www.hse.gov.uk/slips/causes.htm#cleaning)

APPENDIX B

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 RISK MANAGEMENT

“Risk management is the process of identifying, evaluating, selecting, and

implementing actions to reduce risk to human health.

The goal of risk management is scientifically sound, cost-effective,

integrated actions that reduce or prevent risks while taking into account
social, cultural, ethical, political and legal considerations” (P/CCRARM,
1997). It involves balancing the benefits such as a higher standard of
living against the risks associated with exposure to potentially harmful
agents such as carcinogens.

Fig 1.2 Risk management Model adopted from [P/CCRARM, 1997]

Communicating
Risk Risk Perception

Source:
http://www.hpa.org.uk/ProductsServices/ChemicalsPoisons/Chemi
calRiskAssessment/RiskAssessment/

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