When Benedict’s Law was announced, much of the focus was understandably on schools. However, while the legislation is specific to educational settings, it has prompted many employers to ask an important question:
“Should we be doing more to manage allergen risks in our own workplace?”
The short answer is yes, where allergen risks are foreseeable.
Although Benedict’s Law does not create new legal duties for most employers, it highlights the importance of effective allergen management, clear communication and suitable emergency planning. These are all principles that already align with existing UK health and safety legislation.
Benedict’s Law was introduced following the tragic death of five-year-old Benedict Blythe, who suffered a fatal allergic reaction after being exposed to cow’s milk protein at school.
The legislation aims to strengthen allergen management within schools by improving awareness, communication and the arrangements in place to help protect pupils with severe allergies.
Whilst the legal requirements apply to educational settings, the wider message is one that every employer should consider: if a foreseeable allergen risk exists, it should be managed appropriately.
In most cases, no.
Benedict’s Law is aimed specifically at schools and educational settings.
However, employers already have legal duties under the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 to assess and manage foreseeable risks that could affect employees and others who may be affected by their work activities.
Where allergens present a foreseeable risk, they should be considered as part of your existing health and safety arrangements.
Allergens are not only found in food.
Depending on the type of work you carry out, they may also be encountered through:
For some individuals, exposure to allergens can result in serious or life-threatening reactions. Identifying these risks and ensuring suitable control measures are in place forms part of good health and safety management.
Although the legislation applies to schools, the principles are particularly relevant to organisations such as:
If your employees work on client sites, particularly schools, they should always follow the allergen management procedures provided by the host organisation.
Benedict’s Law provides a useful opportunity for organisations to review their existing arrangements.
Consider whether you have:
These measures may already exist within your current health and safety management system but should be reviewed periodically to ensure they remain suitable.
One area that is often forgotten is contractor management.
Where contractors are working within schools or other premises that have specific allergen controls, they should receive relevant information before work begins.
This may include:
Good communication between the client and contractor is essential to ensure everyone understands their responsibilities.
Not every business will require a standalone allergen risk assessment.
However, where allergen risks are foreseeable, they should be considered within your existing risk assessments or other suitable management arrangements.
Risk assessments should identify:
Risk assessments should also be reviewed whenever there are significant changes to work activities, following an incident or near miss, or where there is reason to believe they are no longer suitable.
Although Benedict’s Law is focused on schools, its wider message is relevant to every organisation.
Good allergen management is built on:
Often, simple improvements to communication and planning can significantly reduce the likelihood of a serious incident.
Benedict’s Law has understandably increased awareness of allergen safety across the UK.
While the legislation itself applies to schools, it also serves as a timely reminder for all employers to review how foreseeable allergen risks are identified, communicated and managed within their own workplaces.
Whether your business operates in education, cleaning, hospitality, manufacturing, healthcare or office environments, ensuring your health and safety arrangements remain suitable is always worthwhile.
Protecting people starts with recognising the risks and taking sensible, proportionate steps to manage them..
If you need any advice or support with managing allergen risks or reviewing your health and safety arrangements, get in touch with our team today, we are always happy to help.
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