The Legal Side of HAVS: Compliance and Consequences for Businesses

Every employer, no matter the size or nature of their operation, has a duty of care when it comes to the safety of their employees and must carry out accurate risk assessments. Failing to follow these legal requirements, can result in serious consequences for a business.

If your business doesn’t comply with the regulations around correct HAVS management, you could be left vulnerable to legal action, fines, compensation claims, legal fees, and reputational damage.

By prioritising HAVS management in your business, you will not only fulfil your legal obligations but also create a safer and more productive work environment. 

How to be compliant

When it comes to HAVS, businesses have a responsibility to reduce the risk to ALARP (As Low As Reasonably Practicable). The principle of this has been defined by the UK Health & Safety Executive (UK HSE) to depict the concept that efforts to reduce risk should be continued until the incremental sacrifice in doing so is grossly disproportionate to the value of the incremental risk reduction achieved.

This is where the big question comes in… if you don’t have the correct data, how can you effectively implement effective change? With various outdated HAVS monitoring methods, it’s very difficult to accurately assess the risk, therefore even harder for businesses to take effective action.

To combat this, we’ve developed a tool-mounted, measuring, monitoring system with a comprehensive cloud-based reporting platform which allows quick easy access to comprehensive data. The system is adaptable to different tools and can be used in all environments. The innovative system provides employers with a highly effective way of measuring, monitoring, managing and reducing the vibration risks to their employees. The cloud based reporting clearly identifies where actions should be taken to reduce or eliminate the risks. The system even sends email and text warnings to appropriate personnel to warn of EAV and 90% of ELV and 100% ELV breaches as they happen which helps to create a truly proactive, informed approach to controlling the risks.

There are also other measures you can take which you can read about here – 

Consequences of HAVS non-compliance

When it comes to HAVS, being non-compliant and not taking effective actions isn’t an option, it can lead to hefty fines of six figures, costly legal fees and compensation claims.  The fines that can be issued are uncapped, in 2023 we saw 2 companies fined £200,000, to date £600,000 is the largest fine imposed.  Legal costs add up on top of fines and claims when an organisation is found guilty of a regulation breach. 

These costs, along with the time spent preparing for legal proceedings to defend your case, contribute significantly to the overall expense of a prosecution; it has been estimated that the true cumulative cost can be as much as 10 times the fine… could your business afford a potentially 7 figure cost? 

Breach’s in HAVS compliance can cause detrimental vibrations throughout your business, and cause damage that may take years to repair.

The Solution

In our opinion, the key to protecting both your employees and business lies in proactive and comprehensive HAVS management. It’s not just about avoiding fines and claims; it’s about fostering a culture of safety, well-being, and compliance within your organisation. A healthy footer for a positive future.

If you’re concerned about the absence of an effective risk assessment or uncertain about the effectiveness of last review, take a proactive step. Download our free guide to effective HAVS risk assessments. This guide serves as a starting point toward ensuring your business remains in line with the necessary regulations and prioritises the well-being of your workforce…… or contact us directly.

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