Employers have the same responsibilities for the health and safety of their older workers as they have for any other workers.
What should employers do?
A separate risk assessment is not required just because the people working are of differing ages. Consult and involve older personnel when managing risk assessments, which involves them to help prevent assumptions regarding appropriate control measures. Avoid presuming that certain tasks are physically unsuitable for older workers, as many can now be supported by technological solutions that reduce physical demands.
Any workers conducting the same tasks should be covered by the same risk assessment process. However, it is important to consider if any changes are necessary to assist the older, more experienced, but possibly slightly slower workers.
New employees should prompt, at least, an automatic ‘mental review’ of existing risk assessments to ensure that any additional considerations have been addressed, particularly if the risk assessments are reviewed regularly or are scheduled for review in the near future.
The Law
The law sets out how employers must consult with employees in different situations and the different choices that should be taken. The two sets of general regulations to be aware of are:
- The Safety Representatives and Safety Committees Regulations 1977
- The Health and Safety (Consultation with Employees) Regulations 1996
Changes that may be considered include:
- Allowing older workers more time to absorb health and safety information or training,
- Introducing opportunities for older workers to choose other types of work.
- Designing manual handling tasks to eliminate or minimise the risk.
Consider how the business operates and how older workers can improve health and safety management through structured mentoring, sharing their knowledge and experience with other colleagues.
Employer responsibilities
Older workers share the same responsibilities to their employer and others affected by their work as any other worker.
Under health and safety law, employers must, so far as is reasonably practicable, protect all their workers’ health and safety, irrespective of age, by providing adequate information, instruction, training and supervision.
Management of Health and Safety at Work Regulations 1999 (MHSWR) – These regulations require employers to assess workplace health and safety risks. This includes identifying at-risk groups, which could contain some older workers.
Equality law – Age discrimination can be lawful (positive) if employers can show that there is a good reason for their policy. For example, changes to work to ensure older workers can remain in the workforce. The Equality and Human Rights Commission (EHRC) provides information and further advice on age discrimination.
If this newsletter has prompted any questions, then please contact your health and safety consultant.