When it comes to HAVS compliance, being non-compliant and not taking effective actions can lead to hefty fines of six figures, costly legal fees and compensation claims (with an abundance of No Win No fee companies) but, with the right monitoring system and effective risk assessments in place, it’s totally avoidable!
To highlight the real-world consequences of not taking HAVS seriously enough in your business, we’ve broken it down below to show you what your business could be facing if you don’t take the correct actions and how we can help you take effective steps.
A quick look at the nature of the fines
When employers fail to implement adequate precautions for monitoring and safeguarding employees against HAVS, fines may be imposed. These fines, whilst without a defined limit, can significantly impact a business, potentially leading to severe repercussions. Some recent cases involving such fines are worth noting:
- £200,000 for Ross & Catherall Limited (manufacturers of metal bars, July 23),
- £200,000 for Plymouth Council (July 23)
- £160,000 for Powys Health Board (November 2022),
- £50,000 for Lancaster County Council (May 2022),
- £90,000 fine for MTL Advanced Limited (February 22),
Facing fines of this kind can be tough for businesses, yet the expenses don’t end there. Additional hefty bills for legal fees and compensation claims might follow, sometimes matching or even surpassing the original fines.
The Legal Costs…
Legal costs add up on top of fines and claims when an organisation is found guilty of a regulation breach. For instance, Lancaster County Council faced £10,000 in legal costs, and MTL Advanced Limited incurred £14,061, alongside the mentioned fines.
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.
And then comes the compensation claims…
Employees often file claims against their employer for injuries sustained while working for them. The size of these claims depends on the severity of the damage suffered. Particularly when the injuries affect the hands and arms, significantly impacting a person’s ability to lead a normal life, these claims can have substantial value when brought against the employer.
The range of claims the Judicial College gives as a guide is from £2,390 to £30,630 depending on the type and severity of injury, despite this, we have seen a disclosed claim £262,000.
What’s the solution for accurately monitoring and reporting HAVS?
At HAVSPRO, we’ve created what we, and many of our partners, believe to be the solution for accurate vibration monitoring and effective managing of risks. We’ve developed a tool-mounted, measuring, monitoring and cloud-based reporting system that is adaptable to different tools, environments, and usage durations.
The system allows you to accurately understand the effectiveness of your current risk assessments and use the recorded data to identify the effectiveness of those risk assessments in line with the activity and results recorded.
The HAVSPro cloud based reporting platform is easily accessed and incredibly intuitive to navigate, giving users a true view of operator performance, tool performance, training needs, consumables effectiveness, warns for EAV and ELV, quickly and easily aiding you in the effective management of vibration and guiding you in ensuring the risks are As Low As Reasonably Practicable.
If you’d like to find out more about HAVSPRO, HAVS Exposure Limits, or how our system works and the benefits it can bring to your business, download our brochure below, or contact us.