Protecting Lone Workers

It’s often the case with small businesses that only one employee is required to attend work at given times of the day or week. What’s frequently forgotten, is the obligation to ensure that these ‘lone workers’ are safe, not only with respect to workplace equipment and systems but also from ‘outsiders.’ This is especially important where the workplace is a shopfront.

The recent case of Sapwell v Lusk & Anor raised the issue of a lone worker who was sexually assaulted by a customer because of the lack of security installed in the workplace. The worker was an optical technician in an optometry shop who made repairs to spectacles in the back room of the shop. On one occasion, whilst working alone, a customer had requested a repair. Upon entering the back room of the optometry shop, the worker did not realise that she had been followed by the customer into the back room and was sexually assaulted. The only recourse the worker had was to push the customer off and move to the reception area where it was more visible to the public.

The central message for employers from this case is to ensure that adequate safety measures are in place. In Sapwell, the employer argued that the worker could have moved the tools from the back of the room to the front, and that there was no evidence to suggest that the worker would have made use of additional security measures such as self-locking doors or an infrared security beam. This line of argument was rejected by the presiding judge.

Key Points: It’s not enough to only provide protection for business premises ‘after hours’. Employers should provide security throughout working hours to ensure the health and safety of employees at all time. Measures such as security cameras, adequate locks for cash drawers, and a safety barrier between customers/clients and workers where required are all important considerations for a business. Liability is not only under the Workplace Health & Safety Act where hefty fines can be imposed, but also under workers’ compensation insurance and at common law for personal injury.