SAFETY INFORMATION - 27.03.2006

Watch your language

You’re looking to employ a new member of staff but the ideal candidate speaks very limited English. What’s your legal position and what extra precautions will you need to put in place to ensure their safety?

A major safety issue

Non-English speaking staff can, if you’re not careful, present a major safety headache and serious liability issues for you as their employer. The last thing you want is someone who is completely unaware of significant hazards wandering around your business, putting themselves and others at risk. It seems far-fetched, but this could become a reality if you employ someone who is unable to understand your instructions.

The legal position

Regardless of how you do it, you have a legal duty under the Health and Safety at Work etc. Act 1974 to ensure the health, safety and welfare of all of your employees and anyone else who may be affected by your operations. Nowhere, in any legislation, is there a get-out clause; “It doesn’t matter if they cannot speak, or understand English”. So how do you overcome communication problems?

Communication channels

First of all, it may help if you employ at least one other person of the same ethnic background who has a basic understanding of the English language. You can then use this individual as an interpreter when you conduct your induction process.

Tip 1. If you adopt this approach, you should ensure that if the interpreter is away from your site you still have means of communication with the non-English speaking person. Make sure that as soon as they start, the interpreter translates all risk assessments and signs to the non-English staff member so they’re fully aware of the risks involved with their task and the environment they’re working in.

Tip 2. Whilst your ability to communicate with them is limited, don’t change their jobs, or ask them to work in areas where they haven’t been briefed in their own language.

Safety signs and labels

Where you employ non-English speaking people and display safety signs, you may have to provide them in a different language. The Health & Safety Executive has produced a number of safety documents and basic signs in up to 40 different languages. They are available free from http://www.hse.gov.uk/languages/index.htm.

Tip. Avoid putting up signs in lots of different languages (especially if they’re warning signs) as it could backfire. You could have a member of staff trying to find the sign in their own language and inadvertently putting themselves in danger. Keep it to a couple of languages. If you have more to deal with, look at alternatives such as brief training sessions, or signs which don’t rely on text to get the message across.

Teach them to speak English

Another option is to put them on courses to learn English. There are numerous schemes operated across the UK. Run by further education and adult learning colleges they are aimed at helping migrant workers to achieve basic English language skills.

Tip. Availability of these courses depends on where you are in the country, so your best bet is to contact your local college.

You will be liable if you haven’t taken adequate precautions to ensure everyone can understand safety instructions. The HSE have produced multi-language information which is available free of charge.

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