Countering the claims
1 Basic safety management programme
This could be as simple as having a traffic-light system, using a sheet each of red, amber
and green paper. On the red sheet, note all urgent tasks relating to hazard and risk; on the amber, list tasks in progress, and use the green to record completed tasks. For
example, electrical checks may have been neglected for three years - acknowledging that an appliance is dangerous and needs
attention shows you are implementing a programme.
2 Ongoing maintenance
A schedule is essential - a regular, annual programme of outstanding repairs is a smart idea. Paint peeling off a wall is not dangerous, but gives a poor overall impression of premises if a case has to go to court.
If a claim is made, with a schedule in place it is possible to identify dates when contractors such as plumbers or electricians were expected. If the offended party realises that nothing has been spent on maintenance in the last two years, it could hit your cheque book hard. So examine all major items weekly and record results.
3 Training on perceived dangers
Employers are required to provide a safe working environment and staff training on issues such as health and safety and food
hygiene, including safe table-clearing, lifting and carrying items and highlighting potential dangers. If a staff member without proper training injures their back while lifting a barrel in the cellar, the employer is highly likely to be held liable for the accident.
This training can be carried out during a half-hour induction session. At the end of the training, staff should complete and sign
a tick-box sheet detailing what they have been shown.
It's a win-win situation: staff who are trained in health and safety are more likely to help
ensure that the pub remains in good order on a daily basis.
4 Identify the main risk areas
People often find the term "risk assessment" difficult to understand. The easy way to
undertake such an assessment is to
consider the six to eight areas which people use most often - usually the car park, entrance, bar, toilets, lounge, cellar, stairs and dance floor.
Allocate a sheet of paper to each and record 10 things that could go wrong in the area, then note next to each item any action taken to minimise risks.
For example, record that carrying glasses up steps is dangerous and note that sufficient lighting has been provided on the steps, the carpet has been taken up and replaced with safer under-foot material, a warning sign for customers has been installed and staff have been briefed during training.
5 Toilet rotas
If a great pub serves a tremendous pint and lovely food, but water has been spilt on the toilet floor and someone slips, it could spell disaster. Major chains adopt a very sensible toilet rota system, involving a tick-box sheet noting when the toilets were last inspected - usually every 30 minutes. If a claim is made against a pub, the toilet-inspection record will be required immediately.
And it's good practice to display a sign asking customers to inform staff if they find anything wrong. Being able to prove that premises are checked regularly during opening hours is a healthy start.
6 Log all incidents
If an accident does happen, the law requires it to be logged in an accident book. This
is valuable all round; having no record of
an accident involving someone tripping
could backfire as they could make up their own version of events two years later.
Jot down every accident, no matter how trivial it appears.
7 Photo evidence
If an accident does occur, log it in the accident book. In this digital age, you could also record a few images of the area where it happened. CCTV can be useful, too, as proof of what actually happened. It may help to take witness statements, which can be done sensitively, demonstrating care and concern about
the details while a clear factual record is
compiled.