| Working with potentially violent people | | | | they are visiting. This is where the Data Protection Act |
| Frequently when running conflict management training | | | | often gets cited in the wrongly held assumption that |
| courses we hear vociferous complaints from staff | | | | employers are unable to hold information about |
| who feel vulnerable because they have to visit | | | | potentially dangerous people. Whilst care must be |
| potentially dangerous people; often with little or no | | | | taken with the information held, employers do have a |
| advanced information about the people they are | | | | duty of care to set up a coherent system to inform |
| visiting. One gets the impression that organisations | | | | staff if they are visiting high risk individuals. The |
| would never expose their staff to common health and | | | | Information Commissioner's Office have |
| safety risks but often have a blind spot when | | | | produced guidance on this topic. |
| expecting staff to visit people who are in known high | | | | We encounter a great many staff finding difficulty with |
| risk groups. | | | | this topic when working in multi-agency environments, |
| The alleged reasons for this are: | | | | such as staff from a building company who are |
| 1. It's 'part of the job' | | | | contracted to a housing association. Which organisation |
| 2. It's against the Data Protection Act to hold | | | | is responsible for supplying information on potentially |
| information on potentially dangerous people | | | | violent tenants? While the ultimate responsibility to |
| 3. There is confusion about who is responsible, if | | | | keep staff safe rests with their employer (the building |
| working in a multi-agency environment | | | | company) it is the housing association that has access |
| The key legislation relevant to this area is the Health | | | | to the tenant information. In this case the agency must |
| and Safety at Work Act 1974. It states that | | | | insist on the information being made available from the |
| 'employers have a legal duty to ensure, as far as | | | | housing association, even if this might rock the boat in |
| reasonably practicable, the health, safety and welfare | | | | these difficult economic times. |
| at work of their employees'. Employers may feel the | | | | Employers also need to proactively manage risks |
| words 'reasonably practicable' provides them with a | | | | where risks are known. Large payouts have been |
| get out clause. However, the courts take a dim view | | | | made where employees have been injured by people |
| of employers who knew the risks but ignored them. | | | | who had shown high risk behaviour yet the situation |
| As with all Health and Safety at work the starting point | | | | had not been properly managed. Sharon Lewis, a |
| for an employer is to record, assess and keep a | | | | Nottingham teacher, received 280,000 for a violent |
| record of the risks inherent in the job. In fact, this is a | | | | attack by a pupil. The pupil had previously attacked |
| legal requirement for all employers who have more | | | | other members of staff. |
| than 5 employees. Depending on the risks identified | | | | Whilst we all aim to provide the customer with an |
| some more localised risk assessments may be | | | | excellent service, let's not provide that service at the |
| required (i.e. on a case by case basis). However, this is | | | | expense of staff safety. When staff feel more safe |
| only possible if management and staff are aware of | | | | and secure, they are more motivated to provide a |
| the background and risks associated with the people | | | | better service - everyone wins! |