During the summer months our workplace can get rather warm and stuffy so our best form of ventilation is to have some of our windows and doors open. As we are in a semi rural location this has meant that on a couple of occasions the odd wasp has flown in and recently one of our employees got stung. It was only at that point that it was revealed that she is slightly allergic to wasp stings, nothing serious but her arm swelled up a little more than one would usually expect. This employee is now demanding that the windows and doors have to be kept shut otherwise we are failing in our health & safety duty towards her. Our Managing Director has agreed with her and asked me to fully investigate and do a risk assessment. Surely she cannot be right and the rest of us are going to have to swelter.
Peter replies
This is just another scare story that creates a false sense of health and safety awareness. Conducting an investigation or trying to come up with measures to prevent a recurrence would be a totally disproportionate knee-jerk response.
No one can seriously expect to be prosecuted because an employee was stung. We would suggest a more common sense approach, i.e. to check that your first aid response was administered quickly and effectively.
It is worth:
Vulnerable people can be treated with epi pens, but only the individuals are permitted to have epi pens, they are not for keeping in first aid boxes etc. You can also suggest that employees carry their own antihistamine tablets. These can help until medical help arrives.
We would concur with the Chair of the HSE when she urges managers to demonstrate “leadership” and “common sense” while “determining real incidents for concern and responding appropriately.” Health & safety is about businesses doing what they need to do to assess their workplace risks not going over the top by creating piles of meaningless paperwork. The problem when assessing ‘health and safety fears’ is that everyone feels they must err on the side of caution, for fear that their action (or lack of it) could have serious consequences.
Some employers or bosses hide behind ‘health and safety’ when there are other reasons for what they’re doing such as a fear of being sued, or to explain bad customer service.
We suggest that you to find your own ‘Goldilocks approach’ –“not too much, not too little, but just the right balance”. Real risks need to be managed, but that does not mean wrapping employees in cotton wool or making other employees suffer because of slight risks to others.
The guidance provided in this article is just that – guidance. It is not legal advice as every case depends upon the facts. Before you take any action make sure that you know what you are doing, or call us for specific advice.
