Legislation and British Standards

Duty of care may be a shared responsibility between a lone worker and their employer however it has never been more important for an organisation to meet that duty.

You might also have seen on this site about the type of risks that are posed to lone workers, however it is also worth considering the level of risk liability carried by the organisation you work for and in turn the implications that should have on the provision made for lone worker safety.

Financial risk to a business could potentially be through fines levied by the Health & Safety Executive (HSE) on the occasion(s) where the Health and Safety At Work Act 1974 has been proved to have been breached.

Independent to health & safety legislation however, prosecution by the Crown Prosecution Service (CPS) under the Corporate Manslaughter & Corporate Homicide Act 2007 potentially allows for limitless fines & other remedial orders to be levied against a business which could result in serious (and terminal) financial implications along with huge damage to brand equity and shareholder value. Whilst it is a relatively new piece of legislation (the act came into force on 6th April 2008) it is one that is going to shape how companies in the UK view their duty of care because of the corporate liability risks it potentially brings. The act also allows Publicity Orders being imposed on organisations found guilty of a breach, which going back to the impact on brand equity, could result in guilty parties having to announce the rulings on the homepage of their website or through their PR activities.

Whilst the act is purely concerned with corporate liability as opposed to senior figures at manager or director level within an organisation, Gross Negligence Manslaughter continues to apply to individuals within an organisation and that will potentially risk prosecutions where there is the public interest and the evidence to do so.

Other new legislation includes the Health & Safety Offences Act 2008 which provides courts with greater sentancing powers for those who break Health & Safety law and can result in individuals found liable being imprisoned for up to two years.

In addition to the above, organisations are also at additional financial risk from private prosecution by individuals.

BS8484 (The British Standard for Lone Worker Device Services)

In autumn 2009 the British Standards Institute (BSI) introduced BS8484, the first British Standard for lone worker device services.

The standard has been introduced to improve the provision, quality and effectiveness of lone worker services in the UK and has involved ACPO (Association of Chief Police Officers) and other practitioners within the security industry. In September 2011 it was also reported that ACPOS (Association of Chief Police Officers in Scotland) have also adopted the standard as the sole benchmark for a Police response to lone worker alarms.

There are many elements to the standard however some key parts specifically relating to lone worker solutions include:

Section 4: considers a supplier's quality standing (ISO9001), its financial stability and the appropriate insurances it should have in place.

Section 5: focuses on the essential and desirable functionality of a lone worker device.

Section 6: relates to the standard of the Alarm Receiving Centre element of a lone worker solution (ACPO also demand that an ARC meets BS5979 category II; another British standard specific to ARC's).

Critically the standard is also affecting a change of procedure with regards to how the Police will respond to lone worker alarms. Currently most Alarm Receiving Centres (ARCs) escalate a lone worker alarm requiring a Police response through a 999 call. However once audited and approved against the relevant section of the standard*, an ARC is able to apply for a Unique Reference Number (URN) from a Police force in order to escalate the incident directly at a regional level, ensuring a guaranteed police response. Only lone worker services that are fully compliant through audit against BS8484 will receive a URN from the police force.

Connexion2 was audited in March 2010 by the NSI (National Security Inspectorate) and is positioned as a device vendor and solution provider incorporating an ARC, thus requiring conformance against sections 4, 5, and 6 of the standard. Connexion2 was successfully audited against each element and in addition the company's Identicom lone worker device product are still the only lone worker device range to achieve ACPO's ‘Secured by Design' status.
To view our BS8484 certification please click here.

ACPO Policy means that any suppliers of lone worker solutions not approved against the relevant sections of BS8484 through audit cannot guarantee a Police response to their users. As the standard becomes more widely adopted, Connexion2 believes it will become a key consideration for any organisation investing in a fit-for-purpose lone worker system for their workforce.

In July 2011 ACPO reissued it's 'Police Response to Security Systems' - (guidelines to Police Forces on how a lone worker alarm should be responded to), with a crucial amendment to Appendix V, section 4.2. No longer does the ability to guarantee an escalation to Police at a regional level via a URN hinge on a lone worker device in a given solution being judged as compliant in terms of its functionality. The guidelines now state that lone worker suppliers shall "Meet the requirements laid down in BS8484", and "be certified by a UK Accreditation Service (UKAS) accredited certification body in accordance with the provisions of the ACPO requirements".

Therefore an organisation that is compliant (and therefore able to guarantee a Police escalation) with the standard qualifies specifically through an audit by a relevant body (NSI or SSAIB) taking into account all the elements needed to provide a robust lone worker solution including the device functionality, Alarm Receiving Centre being BS5979 Category II approved, and company standing and processes.
To download the latest version of the ACPO guidelines please click here.

The best way to feel assured that a company is supplying you with a BS8484 compliant solution is to ask to see their certificate - they will have one against the relevant section of the standard if they have been audited successfully. Any solution provider able to guarantee a Police escalation at a regional level will be compliant against sections 4, 5 and 6 of BS8484 through certification provided by a UKAS accredited body.