Protecting progress: the importance of risk assessments in construction

In 2022/23 the Health and Safety Executive (HSE) reported that 135 workers were killed in work-related accidents, 45 of those fatalities were in the construction industry. Prioritising health and safety in the construction industry is vital to reducing that figure.     

Mifflin Construction Ltd

On 4 March 2024, Mifflin Construction Ltd (the company), in Leominster Herefordshire, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc Act 1974 (the Act). An employee became trapped while lifting a 1,800Kg steel beam and was crushed to death. An investigation by the HSE found that the company had failed to ensure a suitable and sufficient risk assessment was conducted by a competent person to identify well known standard industry control measures which should have been in place.   

The HSE found that the company should have provided their employees with sufficient information about lifting operations at the site, which they failed to do. The investigation also found that the company had not properly planned the lifts, nor did they have a system in place to ensure that the works were adequately supervised by qualified individuals.

Section 2(1) of the Act imposes a duty on every employer to ensure, so far as is reasonably practicable, the health, safety, and welfare of all employees at work. The Act sets out general wider duties that employers have to employees and members of the public, and duties that employees owe to themselves and each other. The company failed to discharge their duties under the Act; they were fined £120,000 and ordered to pay prosecution costs of £50,000. 

Incidents such as these can easily be avoided by undertaking the correct control measures and ensuring safe working practices.    

Risk assessments

Sufficient risk assessments are an indispensable tool for mitigating potential hazards that might arise. The requirements for sufficient risk assessments, which fall under the general duties of an employer in the Act, are legislated by the Management of Health and Safety at Work Regulations 1999 (the Management Regulations). 

Employers are obligated, under the Management Regulations, at a minimum to:

• identify the risk of injury or illness to their employees at work;
• determine how likely it is that these risks might arise; and
• take measures to eliminate or minimise that risk as far as possible. 

Any employer of more than five employees is required to record significant findings of their risk assessments.

A risk assessment should assess risk levels, identify the likelihood of harm, and identify the potential severity of the harm. Control measures should be developed following assessment of risk, these include implementing safe systems of work, providing PPE, installing guardrails, and delivering training. Finally, supervision should be provided to ensure strict compliance with these measures. 

By systematically identifying, evaluating, and controlling risk, companies will mitigate hazards, ensure regulatory compliance, and foster a safe culture within the workplace. 

Reporting incidents

If sufficient risk assessments are conducted, the risk of harm arising out of works should be minimal. There is, however, no way of irradicating all risks which might occur out of construction activities. 

As the Act sets out, employers’ obligations are to protect employees so far as reasonably practicable. ‘Reasonably practicable’ was defined by the Court of Appeal in Edwards v National Coal Board (1949) as a narrower term than ‘physically possible’. The judgement sets out that the quantum of risk should be considered alongside the sacrifice involved in the measures that would be necessary for averting the risk. In essence, employers should weigh the risk of harm occurring against the sacrifice involved in reducing that risk (i.e. time, money, and trouble).  

The exercise however is not one of balancing cost and benefit, but making sure that safety measures are always adopted, except where it would be grossly disproportionate to do so.  The HSE provides an example of a grossly disproportionate sacrifice to be a company spending £1m on safety measures which would prevent five employees from suffering bruised knees. The example went on to explain that it is proportionate to spend £1m on the prevention of a major explosion which could be capable of killing 150 employees.   

It is not possible to eradicate all risk; inevitably, harm does eventuate in the workplace. As such, it is crucial that where an incident happens at work employers carry out their duty to report incidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). An incident is reportable where there is a death of any worker, over-seven-day incapacitation of a worker, occupational diseases, and dangerous occurrences.  There are a number of other incidents which are reportable, a full list is available on the HSE website. 

The Birketts view

Safe workplaces increase productivity and promote a positive reputation. Employers must comply with the regulatory obligations to manage risks; proactive risk management is much more efficient that retrospective action. Whilst safety measures may incur upfront costs, they ultimately lead to savings long term as  costs associated with an accident go beyond just the financial implication. A company will also suffer reputation damage, loss of production time, and costs associated with any HSE investigation and subsequent prosecution. The cost of an accident will far outweigh the necessary preventative measures that might stop that accident from happening. 

Risk assessments should always be completed thoroughly before undertaking any work on a construction site. Works should be adequately supervised, and employees must be provided with all relevant information before carrying out work. The aim should be to reduce the risk of incidents occurring in the workplace by ensuring safe working practices are in place. However, where reportable incidents do arise, they must be reported under RIDDOR. 

Birketts can advise companies on their Health and Safety policies and procedures and provide training to employers and employees on their regulatory obligations. If you require advice relating to Health and Safety training, investigation, prosecution, or defence please get in touch with Birketts’ Regulatory and Corporate Defence Team.