The importance of carrying out a health and safety risk assessment

Employers sometimes see risk assessments as a tick box and an unnecessary administrative exercise. However the case of Mr Uren highlights the importance of carrying out a proper assessment.

Mr Uren was a member of the RAF and took part in an “It’s a Knockout” style game. As part of a relay team, he lunged himself over the side of an inflatable pool containing water with a depth of 18 inches. Tragically he hit his head on the bottom of the pool and broke his neck.

Mr Uren sued the Ministry of Defence, his employer and Corporate Leisure (UK) Limited who supplied the pool and supervised the event. Importantly neither the MoD nor Corporate Leisure (UK) Limited carried out a risk assessment of the activity, or conferred about it.

During the first heat of the games an MoD photographer was heard on film to state to a spectator that someone would get hurt.

In the first instance the Judge found against the Claimant on the basis that the games carried a very small risk of injury, when balanced against the social benefit of the game. However the Court of Appeal unanimously allowed an appeal against this decision by the Claimant.

Above all, it is the comments of one of the Court of Appeal’s Judge, Smith LJ, which is of relevance to employers. Her ladyship stated that risk assessments are “an important feature of the Health and Safety landscape.” and stated: “Sometimes the failure to undertake a proper risk assessment can affect or even determine the outcome of the claim.” She emphasised that a risk assessment is not just about complying with a points system towards risks, but an opportunity for an intelligent and well informed appraisal of risk, particularly where the activity is not routine. As a result of this failure to risk assess on any basis, the consequences to Mr Uren were catastrophic. Had a little thought been given by either the MoD or Corporate Leisure (UK) Limited this may have resulted in the risk being identified and direction given to avoid the activity being performed in the manner in which it occurred.

Remember good Health and Safety is no accident, and risk assessing contributes to good Health and Safety.

If you would like to discuss any aspects of either an injury which you think was caused by a failure to give proper consideration to health and safety or you would like to discuss health and safey risk assessments generally contact Jim McGarrity or Anne Maguire on 01908 692679.