Are you an employer whose staff spend much of their working day outdoors – in the construction, agricultural or leisure sectors perhaps?
With summer in full swing, many of us hope fo long, hot summer days when we can relax and enjoy the weather.
But with skin cancer the UK’s most fifth common cancer – what are the risks to the many outdoor workers, and what do employers need to know when it comes to protecting staff against the effects of the sun?
For Buckles Solicitors personal injury lawyer Martin Herson, it is an issue that is all becoming all too common.
He said: “While many of us are able to choose the length of time we spent in the sun, either protecting ourselves with sunscreen, covering up or finding shade, we must remember that there are thousands of employees who work outside – particularly in the construction, agricultural and leisure sectors.
“The fact is that skin cancer is now one of the most common types of cancer with thousands of new cases each year.
“However, what many people with outdoor jobs – and their employer – may not realise, is that upon receiving a diagnosis it is certainly possible to consider whether it has been caused by ‘negligent’ exposure to excessive sun.”
With this in mind, there is plenty for employers to think about:
- Health and Safety at Work Act is clear that there is a legal duty on every employer to ensure, so far as is reasonably practicable, the health of their employees
- This requires conducting a suitable Risk Assessment of the risks to health in the workplace, including the risks from UV radiation
- In addition, many outdoor workers – agricultural workers in particular – may be employed through agencies. Where this occurs it is probable that both the agency and the actual employer will have a legal duty
- The HSE provides guidance for employers on measures they can take to reduce the risk of exposing their staff to excessive sun. These include altering hours, providing canopies/shelter, supply hats where possible and even sunscreen dispensers
Martin added: “Awareness is key and some employers may wish to think about providing information and guidance on avoiding exposure to harmful UV radiation and multi language format to reflect our multinational working population.
“In many cases, skin cancer is treatable particularly if identified early. Employers should therefore be encouraged to provide screening programmes for outdoor workers, or at the very least give information on how to identify the early signs of skin cancer.”
“In each individual case, it would be for the Claimant to prove that exposure in the workplace caused or materially contributed to the skin cancer, which is easier said than done. However, employers should now be taking all reasonable steps to reduce risks and prevent the influx of claims long after the employment has ended.”
