SMEs must do more to implement Health and Safety standards

Although the government's controversial 'corporate killing' bill has yet to be passed, safety experts are urging SMEs to take health and safety regulations seriously, and implement them before it's too late.

Research by the Health and Safety Executive (HSE) shows that the chance of being killed at work in a small manufacturing firm is double that in large companies.

Unfortunately, too many small employers do not know that they are responsible for workplace health and safety and take little action to protect workers, and the public, from their activities, said Joyce Edmond-Smith, Health and Safety Commissioner.

The proposed corporate killing law is intended to close a loophole: it holds the management as a whole responsible for the accident rather than a single individual. It is the corporate entity as a whole that is liable.

Gary Smith, Solicitor at Hammond Suddards Edge, Safety, Health and Environment (SHE) department explains: At the moment smaller companies are much more liable as it is easier to find out who is at fault in the case of corporate manslaughter.

Bigger boys will be caught for corporate manslaughter under the current laws. Hopefully the idea of the new law will be as much a deterrent as anything else. The idea of committing corporate manslaughter is more damaging in the public eye than breaching 'health and safety' laws.

Health and safety experts claim that many don't realise that safety in the workplace cannot be left to chance. They argue that it needs to be managed just like every other aspect of business.

MORI research was used to write the original Health and Safety Commission (HSC) report and recommendations on occupational health which inspired the new bill.

The MORI findings specifically found that the failure rate of small businesses in all sectors is high, especially in vulnerable sectors like livestock farming and catering, leading to significant potential for stress-related illness.

Employers and single managers often have to fulfill roles that in a larger company would form the responsibilities of a range of specialists, so they have little time to absorb guidance, recognise the existence of an occupational health problem, or find out what to do about it.

However, there are schemes that are being developed specifically aimed at SMEs. The Good Neighbour scheme, run by the HSE, includes a Directory of 'Good Neighbours' committed to communicating good health and safety practice.

The aim of the scheme is to encourage large organisations with good records in health and safety to assist smaller firms in meeting their health and safety responsibilities.

Most of the 3.7 million firms in the UK employ less than 50 people. Many carry out dangerous activities with little or no understanding of the risks involved. We urge all those in a position to extend the good neighbour helping hand to smaller organisations by placing their names on our Good Neighbour Directory, said Edmond-Smith.

The British Safety Council (BSC) also offers a range of health and safety services to its members. Jay Joshi, the BSC's Chief Information Officer, said: There is potential for SMEs to be affected by the corporate killing law, even if on the whole larger organisations will be more affected.

Our membership package offers advice as an integral part of it. All members get mailings with the latest health and safety issues - it keeps them in touch. There is access to health and safety information centre via the internet, this helps them to identify potential hazards and then offers guidance on a course of action.

The BSC and HSE have been providing other assistance through voluntary-based Safety Information Centres (SICs). These give assistance to small firms on how efficiently to manage health and safety in the workplace.

The centres are run by groups affiliated with the Royal Society for the Prevention of Accidents (RoSPA) and use a number of methods to assist local businesses including holding local forums, networking, and co-ordinating partnerships between employers, educational establishments, local authorities, health and safety inspectorates and trade unions.

Recent research carried out by the HSE shows evidence that small firms are usually motivated to make proper health and safety arrangements, but often need practical help with preparing a policy statement and carrying out risk assessments

Roger Bibbings, RoSPA Occupational Safety Adviser, said Safety Information Centres and local health and safety groups provide practical and user-friendly advice, which helps small firms get up to speed on health and safety issues. Organisations providing business development advice to small firms should encourage them to make contact with local groups.

Many SMEs think that they are covered by liability insurance, but if they are found to be in breach of health and safety regulations, no insurance can protect them from criminal prosecution.

Liability insurance will cover claims, compensation and legal expenses in a civil cases. However, in the event of a criminal case it will only cover the legal expenses, adds Gary Smith.