Employers of outdoor workers not only have moral obligation to ensure the health and safety of their employees, but also a legal one. Skin cancer is an occupational disease priority area and it is vital employers understand their responsibility and legal duty of care.
Skin cancer can be an employment related disease resulting from repeated and long-term exposure to UV, a known carcinogen. Skin cancer therefore fits within the national health and safety priority action area of preventing occupational disease more effectively.
The Health and Safety at Work Act makes it clear that there is a legal duty on every employer to ensure, as far as reasonably practical, the health of their employees. It also says that employers must provide “information, instruction, training and supervision” to ensure their safety.
The Management of Health and Work Regulations also require the employer to conduct a suitable assessment of the risks to the health of their workforce. That includes the risks from UV radiation.
The law also says that an employer has to remove any risk, or if that is not possible look at other ways of preventing or reducing exposure, including, as a last result protective equipment. Where protective equipment is required this must be supplied free.
Many outdoor workers, in particular agricultural workers may be employed through agencies. Where this happens both the agency and the employer will have a legal duty to protect the worker.
Employees also have a duty to take care of their own health and safety and cooperate with employers’ efforts to improve health and safety in the workplace. To work safely in the sun, employees must follow workplace sun protection policies and procedures, attend training and follow instructions and advice provided, using supplied sun protective equipment as instructed.
Industries should take note and be warned by skin cancer judgements in Australia where verdicts are highlighting the importance of sun safety in the workplace. Outdoor workers from various industries who have developed skin cancer as a result of over exposure to UVR have been awarded significant damages, establishing that skin cancer can be a serious occupational injury. These rulings are extremely significant, putting sun protection on the agenda with other well known occupational health and safety issues.
If you want to confidently address your duty of care and provide evidence of your commitment - we’ve got your back! Learn more about the accreditation process and the range of comprehensive resources we provide to assist you - every step of the way.
Skin cancer statistics are compelling and urgent action is needed to combat this major public health concern. The facts speak for themselves and should serve as a wake up call to industry, employers and HSRs responsible for the health and safety of outdoor workers.
The Sun Safe Workplaces programme has been developed by the UK’s leading skin cancer charity, SKCIN. Founded in 2006 following the death of a loved one to melanoma, we specialise in prevention and early detection through educational intervention.
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