Why Optimism Bias Led to £54,000 Penalty for Sign Fitting Company

'Fall from height' is often the deadliest, yet most preventable workplace injury category.   

Let’s discuss a tragic, yet preventable case of fall from height, the £54,000 penalty levied as a result, and why an employer's optimism bias led to this devastating outcome.   

Need health and safety support? Call 0808 501 6651 for FREE, same-day health and safety assistance.  

Lancashire: employee fell from an unguarded platform  

“My father was like a roof to the family, and since his death, I and my siblings have felt alone. He always supported us in everything we did; he would help us make all the important decisions in our lives.”   

In Lancashire, an employee aged sixty-four, working for a shop sign making and fitting company, fell six feet from an unguarded platform whilst installing a metal sign. In the hospital, a few days later, he passed away from sustained injuries.   

An HSE-led investigation into the accident revealed that basic measures to prevent the “risk of a fall from a distance liable to cause personal injury” had not been undertaken by the employer. This, the HSE concluded, was the ultimate cause of a six-foot fall that resulted in death.   

Work at height: the most common cause of workplace fatality  

'Working at height' is where a worker could fall and injure themselves or colleagues. Scenarios include, but are not limited to, working above or below ground level on:  

• Platforms  

• Trap hatches  

• Vehicles  

• Ladders  

• Roofs  

• Any other position that could result in a dangerous fall  

When looking to assess working at height risks, it is vital to remember: 

It is the potential to cause harm that needs to be considered, not the distance through which a worker might fall.   

Do you need assistance understanding and implementing work at height protocols?   

Croner has more than 80 years’ experience advising businesses on all health and safety matters. For FREE, same-day support, give one of our H&S specialists a call on 0808 501 6651.  

To get a sense for the underlying cause of this case’s outcome, let’s discuss why optimism bias may drive many UK employers to underreact to serious workplace risks.  

What is optimism bias?  

Optimism bias is the tendency to assume negative outcomes are less likely to occur than positive outcomes. It is a simple, yet dangerous behavioural phenomenon that can affect all employers.   

Whilst it is healthy to show a certain level of optimism, optimism biases can cause employers to:      

• Overlook serious risks 
• Ignore subtle warning signals 
• Become dangerously overconfident 

Let us discuss whether underlying optimism bias can be found in this case.  

A case underpinned by optimism bias?  

“This incident highlights the importance of suitable control measures, such as edge protection, to minimise the risk of serious personal injury.” -  HSE Inspector, David Hobbs  

Is this a case of optimism bias? Yes, and here is why:      

• The HSE-led investigation revealed that the scaffolding, upon which the worker stood whilst working, lacked basic edge protection. In fact, it was completely unguarded.  
• This critical safety measure is not only a well-established guideline but also an elementary expectation in any scenario involving work at height: this was a seriously overlooked risk...  
• The company's decision to forgo this basic precaution reflects an alarming overconfidence in their ability to operate safely without it. This suggests a belief that accidents were unlikely to happen, presumably because they had not yet occurred.   

As you can see, this is in fact, a case of underlying optimism bias. So, how do you eliminate optimism bias from within your organisation?  

Strategies to eliminate optimism bias   

Here are four strategies to eliminate optimism bias in your business, from a health and safety standpoint. 

1. Invest in a comprehensive health and safety strategy  

Instead of passively approaching health and safety, create, implement, and formalise a health and safety strategy designed to de-risk your business’s operations.  

2. Conduct comprehensive health and safety risk assessments 

As a business, you cannot mitigate risks you don’t know about and can’t gauge the extent of. That’s why risk assessment is so vital to any business. Health and safety risk assessments give you oversight by identifying and assessing health and safety blind spots. 

3. Maintain an ‘assumptions register’ 

One of the best ways to eliminate optimism bias is to use a simple document to record anything that influences day-to-day operations but may be flawed by an underlying assumption. For example, could you be assuming that: 

• All employees are aware of how to operate machinery safely? 

• Staff are familiar with emergency exit routes? 

• All workers know the proper lifting technique? 

If your answer to inquisitions such as these is even a tentative ‘yes’, then document them in assumptions registers. This ensures that there is a paper trail of areas within your business that can be risk assessed.  

4. Be proactive by seeking expert advice 

It crucial to speak with industry experts to understand your workplace risks, as they have the depth of expertise and knowledge to accurately advise for your unique scenario.

This is where Croner comes in.

Having advised businesses on Health & Safety matters for more than 80 years, we understand how busy employers get. With an ever-growing list of priorities, and what often feels like not enough time to sort them out, external support can be invaluable. 

By working with Croner, this company could have prevented this tragic accident and avoided the hefty penalty. 

Croner are award-winning health and safety consultants. Our H&S specialists are available 365 days a year, 24 hours a day to help you with any issues you may have.   

For FREE, same-day advice, simply call 0808 501 6651.