| Health and safety law
Remember Health & Safety law applies to all work activities as well as just about everyone, no matter how small your company may be.
Employers are responsible for protecting people (not just their employees), from harm caused by work.
Employees have to take care of themselves & of others.
Suppliers of chemicals, machinery & equipment have to make sure their products or imports are safe & to provide relevant information.
Contractors, designers, gas installers & those who transport dangerous goods also have responsibilities. Health& Safety requires commitment. The costs don't need to be excessive, however the costs of having unsafe practices, accidents, down time, insurance costs, as well as poor morale, high staff turnover & missed deadlines can be considerably more. These can affect profitability & in the case of small businesses it may be the difference between survival & going under!
On this page you'll find information on Health and Safety law and how it affects your business:
The basis of the United Kingdom’s health and safety law is the Health and Safety at Work etc Act 1974.
The Act sets out the general duties which employers have towards employees & members of the public as well as the duties employees have to themselves & to each other.
These duties are qualified in the Act by the principle of 'so far as is reasonably practicable'. In other words, the degree of risk in a particular job or workplace needs to be balanced against the time, trouble, cost & physical difficulty of taking measures to avoid or reduce the risk.
Basically it requires good management & common sense, as well as looking at what the risks are & to take sensible measures to tackle them.
The Management of Health and Safety at Work Regulations 1999 (the Management Regulations) is more explicit as to what employers are required to do to manage health & safety under the Health and Safety at Work Act. Remember that the law applies to every work activity.
Although the Health and Safety at Work etc Act 1974 is the basis of all UK health & safety law, it is supported/complimented by a number of other pieces of legislation.
European Law
In recent years much of the United Kingdom's health & safety law has originated in Europe. Proposals from the European Commission may be agreed by Member States, who are then responsible for making them part of their own domestic law.
The Health and Safety at Work etc Act 1974
The Health and Safety at Work etc Act 1974 covers all people at work, and this includes the self employed. It is not a question of whether a person is employed in defined premises or on defined processes. Factory, mine, agriculture, office and shop workers are gathered together with the refuse collector, and those employed in education and medicine, under the umbrella of one Act. The public can be protected against the risks generated by persons at work. The acquisition and use of dangerous substances must also be controlled.
The Act contains a statutory declaration of the basic or general duties of an employer, namely to ensure, so far as is reasonably practicable, the health, safety and welfare of all his employees.
This basic or general duty is broken down into:
Provision and maintenance of safe plant, safe workplace and system of work
The safe use, storage and transport of articles and substances
The provision of training, instruction and supervision of employees and the giving of necessary information to workers
Safety Policies
Those employing five or more employees must prepare and revise a written safety policy, less than five employees and the policy need not be written. The policy and any provisions must be brought to the attention of employees. The requirement for employers to produce a safety policy is an important part of the Act, as it transforms general duties into specific commitments, and seeks the identification of responsibilities within organisations, arrangements to implement the commitment and outline of the intent.
Important Regulations
The Management of Health and Safety at Work Regulations 1992 (amended 1999)
Employers and the self-employed are required to manage the health and safety aspects of their activities in a systematic and responsible way. The Regulations include requirements for risk assessment, the availability of competent health and safety advice and emergency procedures
These regulations were formulated as a result of European Directives which required EU member states to enact their own legislation with respect to the particular health and safety issues involved.
One of the key regulations includes Risk Assessment (Reg 3) which requires employers and the self-employed to make suitable and sufficient assessment of the risks to both employees and persons not in their employment.
Health and Safety (Display Screen Equipment) Regulations 1992
Where there is significant use of display screen equipment (DSE), employers must assess workstations and offer 'users' eye and eyesight tests.
Control of Substances Hazardous to Health Regulations 2002 (COSHH)
The COSHH regulations require an assessment to be made of all substances hazardous to health in order to identify means of preventing or controlling exposure. There are also requirements for the proper use and maintenance of control measures and for workplace monitoring and health surveillance in certain circumstances.
Manual Handling Operations Regulations 1992
Manual handling operations involving risk of injury must either be avoided or be assessed by the employer with steps taken to reduce the risk, so far as is reasonably practicable.
Health and Safety (Safety Signs and Signals) Regulations 1996
These Regulations require safety signs to be provided, where appropriate, for risks which cannot adequately be controlled by other means. Signs must be of the prescribed designs and colours.
Provision and Use of Work Equipment Regulations 1998
These Regulations cover equipment safety, including the guarding of machinery. The definition of 'work equipment' also includes hand tools, vehicles, laboratory apparatus, lifting equipment, access equipment etc. The 1998 Regulations introduced additional requirements in respect of mobile work equipment and also replaced previous specific regulations relating to power presses, woodworking machines and abrasive wheels.
Control of Noise at Work Regulations 2005
Employers must assess the risk to their employees from noise and determine if levels of personal exposure exceed those prescribed by Law. If levels are exceeded, noise reduction measures must be implemented according to the legal requirements for each level of exposure - 1st Action Exposure Values (EAV), 2nd Action Values (EAV) and Exposure Action Limits (EAL). Control measures required are dependant on the level of personal exposure. Measures include the provision of suitable hearing protection, health surveillance and information, instruction and training. Employers must also determine the levels of 'peak' noise that their employees are exposed to. SBM SAFETY SOLUTIONS have assisted many companies throughout the UK with their noise assessments and compliance with these regulations - contact us today for a quote.
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Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
Fatal accidents, major injuries, dangerous occurrences and diseases (all as defined) must be reported immediately to the enforcing authority. Accidents resulting in over three days absence must be reported within seven days. Personal Protective Equipment at Work Regulations 1992Employers must assess the personal protective equipment (PPE) needs created by their work activities, provide the necessary PPE, and take reasonable steps to ensure its use.
Fire Precautions (Workplace) Regulations 1997, amended 1999
The Workplace Regulations require all employees to assess the risk that fire poses to their employees and others who may be present in the workplace.
Electricity at Work Regulations 1989
These Regulations contain requirements relating to the construction and maintenance of all electrical systems and work activities on or near such systems. They apply to all electrical equipment, from a battery - operated torch to a high - voltage transmission line.
Health and Safety (First Aid) Regulations 1981
Basic first-aid equipment controlled by an 'appointed person' must be provided for all workplaces. Higher risk activities or larger numbers of employees may require additional equipment and fully trained first aiders.
Health and Safety (Consultation with Employees) Regulations 1996
These Regulations extended the previous requirements (contained in the Safety Representatives and Safety Committees Regulations 1977) so that employers must now also consult workers not covered by trade union safety representatives.
Safety Representatives and Safety Committees Regulations 1977
Members of recognised trade unions may appoint safety representative to represent them formally in consultations with their employer in respect of health and safety issues. The functions and rights of safety representatives are detailed in the Regulations. The employer must establish a safety committee if at least two representatives request this in writing.
Workplace (Health, Safety and Welfare) Regulations 1992
Physical working conditions, safe access for pedestrians and vehicles, and welfare provisions are covered by these Regulations.
The Disability Discrimination Act (DDA), 1995
The Disability Discrimination Act applies to almost all service providers, whether their services are free or paid for. That means virtually every company or organisation that provides a service to the public or a section of the public.
Uncertain whether your premises complies with the 1995 DDA act ? Want to know what steps you need to ensure it does ? Then SBM Safety Solutions will be happy to carry out a DDA audit, highlighting the areas you should be considering in order for your business premises to comply with the DDA regulations.
Working at Height Regulations (2005)
The regulations apply to all work at height, including below floor level, where there is a risk of a fall liable to cause personal injury. All work should be properly planned and organised with suitable controls following a risk assessment.
The information listed above is a brief summary of some other important legislation but please bear in mind that it is not a complete list of all relevant legislation. If you require more information regarding health & safety legislation please contact your local Health & Safety Executive (HSE), Local Council or SBM Safety Solutions.
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