Health and Safety Executive/Local Authorities Enforcement Liaison Committee (HELA)

Title: Good practice toolkit for managing work-related violence in licensed and retail premises

To:  Health and Safety Enforcing Authorities

For the attention of: Local Authority Health and Safety Enforcement Managers, Health and Safety Regulators and others

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This Local Authority Circular (LAC) provides guidance to Health and Safety Inspectors and others on health and safety issues associated with work-related violence in licensed and retail premises. It provides information about the good practice toolkit, which was published on 1 October 2008.

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Introduction

The toolkit is a free web-based resource for duty holders, providing practical advice on risk assessments for work-related violence and giving information on a wide range of possible control measures and good practice.  It can be accessed via the HSE website at http://www.hse.gov.uk/violence/toolkit/index.htm
A short leaflet (INDG423) has also been produced, which summarises the main points of the toolkit and provides signposting to other sources of information and advice.   This is available to download from the toolkit, or as printed copies from HSE Books.
The toolkit updates and expands the information contained in HS(G)133 “Preventing Violence to Retail Staff”, which was published in 1995.  

Background

Work-related violence (which includes verbal abuse, intimidation, threats and physical assaults), can be a significant hazard for employees in licensed and retail premises.   Duty holders have a statutory responsibility to reduce the risk of violence occurring so far as is reasonably practicable – as they do for other health and safety risks.   
The development of the toolkit was funded by HSE through the local authority (LA) Science and Technology Funding Initiative, following a successful bid from Westminster City Council.   The toolkit is based on a comprehensive review of the relevant literature on this topic by the Health and Safety Laboratory (HSL – an agency of HSE) and information gathered from interviews and focus groups with relevant stakeholders conducted by HSL.

Main objectives

• The toolkit is aimed at duty holders.
• The overarching aims of the toolkit are to:
  • Provide a central resource of good practice advice and information for duty holders and Health and Safety Inspectors on the effective management of violence in licensed and retail premises.
  • Help to raise awareness of violence and crime and disorder issues in these industries.
  • Promote proper recording and reporting of violent incidents at work.
  • Encourage partnership working between duty holders, LA Health and Safety teams and others.

• The toolkit offers varying levels of detail and information, which should help meet the different requirements and information needs of duty holders and Health and Safety Inspectors.

• The toolkit provides guidance on the assessment of the risks of work-related violence together with a range of potential control measures that can be selected to meet the needs of the business.

• The toolkit contains: 
  • Case studies that highlight what other organisations have done to assess and control the risk of violence and crime, and therefore provide insight into what is reasonably practicable in this area.
  • Simple, practical advice on how duty holders can set about the task of assessing the risk of violence in their premises and put in place effective control measures.
  • Clear information on topics such as legal requirements, reporting, and partnership schemes.

Partnership Working

Work-related violence is closely related to the wider agendas of crime and disorder and public safety, which are key concerns for local authorities. There are a number of National Indicators relating to violent crime (15, 20, 28) and anti-social behaviour (17, 21, 24, 27, 41) to which work on this topic can contribute. There are also significant opportunities for partnership working with the police, licensing teams and other local initiatives (such as Crime and Disorder Reduction Partnerships). 

Health and Safety Inspectors are actively encouraged to locate and contact relevant partners before carrying out work on this topic.  It may also be advisable to establish a dialogue with the police over local priorities so that the duty holder’s management of their responsibilities can be considered in the context of the level of support they can expect from the police.

Using the toolkit as part of a Fit3 topic

The toolkit should be used as an advisory tool, not a basis for enforcement action. It is a source of information and contains guidance and signposting to sources of further advice for duty holders.  The short leaflet (INDG423) can be given to any organisations that require basic information.

The toolkit is not a prescription setting out what must be done in response to this issue. It is intended as a resource to help duty holders, not a set of requirements. Duty holders have a responsibility to address this issue, where it exists, but how they do so will vary from case to case.

In 2008-2009, Fit3 work on this topic is expected to take the form of awareness raising, working with businesses to identify where there are issues and how best to address them and to encourage proper recording and reporting of incidents. All too often work-related violence is seen as just “part of the job” and the first stage of addressing the issue is to change that perception.      

It may be the case that some larger employers manage the risk of work-related violence through their security divisions rather than as part of health and safety compliance. Unless there is evidence that a business is failing to meet its duty of care, inspectors are not expected to challenge this approach and there will be no need for further action. 

The chief objectives of the current Fit3 activity are to challenge the acceptance of work-related violence as part of the job, and to raise awareness of the range of measures that can be taken to address the issue. Resources should be focussed on businesses which need this help or need prompting to take their responsibilities seriously. Decisions on which premises to visit should also take account of the level of risk in a particular business, using indicators such as incidence of work-related violence (which includes verbal abuse and threats, as well as physical assaults).

However, none of the above is an excuse for an employer to ignore their responsibilities once their attention has been drawn to a problem and they have had a reasonable opportunity to act and have failed to do so.

Encouraging reporting and recording

Encouraging proper reporting and recording of incidents is an important stage in raising awareness of the issue.

The toolkit:

• Advises duty holders to report acts of non-consensual violence to the Incident Contact Centre (ICC) under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR);
• Acknowledges duty holders may need to report some instances of crime and disorder to the police;
• Advises duty holders to record other (non-reportable) instances of violence and aggression in an existing accident book or by developing a bespoke reporting system. This is an important step in identifying the extent of the problem, locating areas within a business that are more vulnerable and to reassure staff that the organisation’s safety management systems are under continuous review. 

What sort of premises is the toolkit designed for?

The information in the toolkit is aimed at employers and managers in large businesses, franchises or chains, where a specific risk assessment for work-related violence may be needed.  Owners and mangers in smaller businesses could use the information in the leaflet or toolkit as part of a more general health and safety risk assessment process.

Within the retail sector, the toolkit is relevant for all shops in high streets and shopping centres, including launderettes, betting offices and foreign currency exchanges.  Licensed premises include on and off sales of alcohol – such as pubs, clubs, bars, restaurants, off-licences, supermarkets and convenience stores.  Premises covered by a Temporary Event Notice, and late night refreshment houses serving hot food and drinks between 11pm and 5am are also included.

Some LAs have recognised that RIDDOR data does not give them a true picture of premises with a high risk of violence, and have used other sources of data to provide a more accurate picture to target their activity. For example:

• Police and/or ambulance data
• Questionnaire data
• Local knowledge

What will happen to HS(G)133?

HSE is considering the need for updated generic HS(G) guidance on work-related violence, which could eventually replace the current sector-based HS(G) guidance.

A full evaluation of the effectiveness and impact of the toolkit will be carried out in early 2010, and HS(G)133 will be reviewed as part of this evaluation process. 

A revised LAC will be published following the evaluation.

Further advice and feedback

Please send enquiries to HSE’s Health and Work Division at:  workrelatedviolence@hse.gsi.gov.uk. In addition, we would welcome feedback about any examples of good practice found, or serious issues which may have a national significance. 

Linked guidance

• Managing work-related violence in licensed and retail premises (web based advice and guidance toolkit) 
• IND(G)423: Managing work-related violence in licensed and retail premises, HSE Books, 2008, ISBN: 978 0 7176 6234 0 [98KB]
• Local Authority Circular 88/2 Work-related violence 
• Health and Safety Laboratory. Report WPS/03/05: Managing and Preventing Violence to Lone Workers - Case studies (link to abridged version)
• Abridged version of the case studies

Other sources of information

IND(G)69(rev):  Violence at work: a guide for employers, HSE Books, 1997, ISBN: 0 7176 1271 6

HS(G)133:  Preventing violence to retail staff, HSE Books, 1995, ISBN: 0 7176 0891 3

HS(G) 229: Work-related violence case studies: Managing the risk in smaller businesses, HSE Books, 2002, ISBN 0 7176 2358 0.  

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