Tuesday, 27 February 2018

Home visits hazards warning

Employees have been reassured they have the right to refuse to carry out home visits if they fear for their health and safety.

Employment Law expert John Mehtam, from Martin-Kaye Solicitors, in Telford, said occupations such as sales staff, surveyors and professional advisers all required staff to visit customers’ homes.

“But there may be times when an employee feels the home is a hazard and employers must listen to their concerns and take them seriously.”

Mr Mehtam said health and safety regulations declared that employees could refuse to carry out a visit if they were exposed to ‘serious, imminent and unavoidable danger’.

“This would include situations such as gas leaks or a building collapse – less dangerous concerns may not be covered by the rules, but they can still cause a problem and as an employer, you have a duty of care to safeguard your staff. So it’s vital that you’re prepared for this kind of scenario, and that your staff understand the kind of circumstances where a refusal to carry out a visit will be acceptable.”

Mr Mehtam suggested the best way forward was to ask staff to call the office if they were unhappy about the situation they found on arrival at a customer’s home.

“This way, you can discuss the problem together and decide what to do, and there will be no confusion over how to proceed. If you believe their refusal to make the visit is unreasonable – that they’re effectively making a fuss about nothing – then you do have the option to take disciplinary action.

“But it’s better to work things out before the situation even occurs, so work with your staff to identify all the potential hazards they may encounter in someone’s home, such as dangerous dogs, damp, piled up rubbish, or fleas and mice. Then make your staff aware of the kinds of situation you think justify a refusal, and those that don’t – for instance, a house that’s just untidy or cluttered.

“You should also take the health of your employees into account as anyone with a pre-existing medical condition could be at more risk from particular potential hazards, such as damp and mould.

“As an employer, you need to protect the welfare of your staff as best you can, which is difficult as you have no influence over their working environment when it’s in someone’s home. But a clear and structured approach to the worst-case scenarios they may face will mean everyone knows where they stand.”