The onshore wind sector is rapidly expanding, with Britain aiming to become a "clean energy superpower" by 2030. Compliance with health and safety standards is therefore increasingly important.
Overview of duties and risks
The Health and Safety at Work etc. Act 1974 (together with accompanying secondary legislation, guidance, etc) outlines the requirements for employers to conduct risk assessments, maintain safe systems of work, and create emergency response plans for incidents. Employers owe duties to their employees and to "persons other than their employees", including the general public. Ensuring the health and safety of onsite workers is critical to avoid reputational damage, high penalties and, most importantly, injury or death.
Key health and safety risks involved in the onshore wind sector include:
- Onsite safety: Projects in the onshore wind sector can involve working at heights of over 100 meters and operating heavy and electrical machinery. There are higher risks of falling, injury from machinery, and electrocution.
- Weather: Scotland's unpredictable weather poses a higher risk to workers in the sector, with high winds and rainfall exacerbating health and safety risks.
- Public safety: Wind farms tend to be in rural areas, with nearby communities. Securing the safety of residents during construction and maintenance of the project should be a priority.
- Risk management: identifying potential risks in order to reduce incidents occurring.
Lessons learned from a recent case
An engineering firm was recently fined £800,000 following the death of a construction worker on 5 June 2022 at an onshore wind farm in the Shetland Islands. The employee died after a skip's bale arm fell on him. The company failed to consider the risks of the bale arm falling and to implement measures to protect their workers against this risk.
This case highlights the importance of employers understanding health and safety regulations and the repercussions of failing to follow these rules. The onshore wind sector requires heavy machinery to be operated and the failure to recognise risks associated with this may pose a significant danger to workers.
Managing health and safety risks
Employers in the onshore wind sector have a responsibility to ensure they are not creating an unsafe work environment. To mitigate risks, they must consider the following:
- Training: Workers must be properly trained on all onsite equipment and operating this equipment at a height. Regular training to ensure ongoing compliance should be considered.
- Protection systems: Investing in fall protection systems, personal protective equipment, and weather monitoring systems may prevent incidents.
- Protocols: Some risks may be unavoidable, but having protocols in place when dangers arise can prevent serious harm to workers. For example, employers should consider protocols to halt work during dangerous weather conditions.
Shepherd and Wedderburn’s health and safety team can provide comprehensive advice on risk assessments and the prevention of incidents in the workplace. We can also offer guidance on investigations and prosecutions.
For more information, please contact Partner Kevin Clancy in our health and safety team.
This article was co-authored by Trainee Carissa Najafian.