Do you know what changes will the incoming Protect Duty (Martyn’s Law) bring to terrorism risk assessment in the UK?
A question that we are often asked at Protect Duty Solutions is “So, I’m ok until the new Martyn’s Law legislation arrives?”
The simple answer is NO…
The Health and Safety at Work etc. Act 1974 (HSWA) is the main piece of legislation in the United Kingdom that sets out the legal framework for health and safety at work. The Act places a duty on employers to ensure the safety of their employees and other people who may be affected by their work activities. This includes taking steps to prevent accidents, injuries, and ill health.
The current HSWA also applies to other people who have control over the workplace, such as landlords, contractors, and self-employed workers. In the event of an incident linked to terrorism, the HSWA places a greater onus on venue owners and operators to assess the risk to their staff and the wider public.
This is because terrorism is a serious risk to health and safety, and it is important that all reasonable steps are taken to prevent it.
THE HSWA DOES NOT SPECIFICALLY MENTION TERRORISM, but it does require employers to take steps to protect their employees from “any other hazard” that is “reasonably foreseeable.” This means that employers must assess the risk of terrorism and take steps to mitigate that risk, if it is reasonably foreseeable that a terrorist attack could occur at their workplace.
The following are some of the steps that venue owners and operators can take to assess the risk of terrorism and mitigate that risk:
» Conduct a risk assessment to identify potential terrorist threats.
» Implement appropriate security measures, such as security guards, CCTV, and metal detectors.
» Train staff on how to respond to terrorist incidents.
» Work with local authorities and other agencies to develop a coordinated response to terrorism.
By taking these steps, venue owners and operators can help to keep people safe from terrorism and comply with their legal obligations under the HSWA.
- Conduct a risk assessment to identify potential terrorist threats.
- Implement appropriate security measures, such as security guards, CCTV, and metal detectors.
- Train staff on how to respond to terrorist incidents.
- Work with local authorities and other agencies to develop a coordinated response to terrorism.
- By taking these steps, venue owners and operators can help to keep people safe from terrorism and comply with their legal obligations under the HSWA.
It is vital to understand that if a venue owner or operator fails to take reasonable steps to protect people from terrorism, they may be liable for personal injury claims if someone is injured or killed.
In addition, directors and officers of companies may also face the possibility of criminal prosecution.
With the introduction of Martyn’s Law, new measures will be put in place to protect publicly accessible locations. With the aim to bring clarity on what is deemed as “reasonably practical” in regards to terrorism and security risk mitigation and identification, where currently it’s seen as very difficult to quantify.
At Protect Duty Risk Solutions we combine a highly experienced military and security intelligence background with our leading software powered platform to remove any ambiguity and provide a robust security management solution, making sure the right mitigation measures are in place to protect you and your business.
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