The purpose of health and safety legislation is to ensure a safe working environment, where workers, contractors and visitors are free from harm. But what is required of businesses and how can they ensure their obligations are met? In this article, we will explore the various laws that apply to health and safety in the workplace, as well as provide an overview of an employer’s key responsibilities.
The information in this guide draws on Health & Safety Executive (HSE) guidance: Health and Safety Made Simple: The basics for your business. While we do our best to keep this guide updated, always check the HSE website for the most recent guidance: www.hse.gov.uk.
Case Study
Morrisons was recently fined £3.5 million following a fatal accident. In September 2014, an employee with epilepsy died after falling down the stairs during a seizure. The employee had been using the stairs to access his locker. Morrisons had been informed of the risk of frequent seizures. Morrisons was convicted of four different charges, including failure to secure the health, safety and welfare of an employee. A representative for Tewkesbury Borough Council said ‘Despite being aware of the risks, Morrisons failed to put in place a number of simple measures which could have kept [the employee] safe at work.
The law on health and safety in the workplace
Workplace health and safety law is made up of many different statutes, regulations, codes of practice and common law. The primary piece of legislation is the Health and Safety at Work Act 1974 which states that all employers have a legal responsibility to protect workers (and others) from risks to their health and safety. Employers are required to do everything reasonably practicable to minimise the risk of injury and illness, including the risk of work-related mental health issues.
The Management of Health and Safety at Work Regulations 1999 provides detailed information on the way in which employers are required to manage health and safety under the Health and Safety at Work Act 1974.
The Working Time Regulations 1998 provides limits on safe working hours, and minimum rest breaks.
Under common law, employers also have a duty of care to protect employees. This means a ‘term is implied into all employment contracts requiring employers to take care of their employees’ health and safety’.
10 health and safety responsibilities for employers
The HSE website summarises the key responsibilities of employers to ensure they are meeting their obligations under the Health & Safety at Work Act. These include:
1. Appointing a competent person
Employers must appoint a competent person (or people) to ensure health and safety legal obligations are met. While no formal training is required, the competent person must have the relevant skills, knowledge and experience. The competent person may be the owner of the business, an employee or an external consultant.
2. Consulting with workers
Employers are required to consult with their workers on health and safety in the workplace. Consultation involves listening as well as talking. As the HSE states ‘Consultation is a two-way process, allowing employees to raise concerns and influence decisions on managing health and safety’. Depending on the size of the business, consultation may take place with workers directly or with a health and safety representative. Further information on the requirement to consult is available on the HSE website: Consulting and involving your workers – HSE.
3. Having a Health & Safety Policy
All businesses with 5 or more employees are required to have a written Health and Safety Policy. The policy must be shared with employees and reviewed regularly. The HSE provides guidance on creating a policy on its website, as well as templates that can be downloaded here: Prepare a health and safety policy.
4. Displaying the health and safety law poster
All employers must display the health and safety law poster, which lists health and safety legislation. Alternatively, employers may provide the relevant information in leaflet format to each worker.
5. Managing risks and conducting risk assessments
All businesses are legally required to conduct a risk assessment procedure. This involves:
- Identifying any hazards in the workplace;
- Assessing the level of risk, ie how likely it is that someone could be harmed and how serious it could be;
- Controlling the risk, ie putting measures in place to either eliminate the hazard or if this isn’t possible, to control the risk of harm;
- Keeping a record: businesses with 5 or more employees are required to record their findings; and
- Reviewing the controls regularly to ensure they remain effective.
The HSE provides risk assessment templates and examples on their website: Managing risks and risk assessment at work.
Find more tips on risk assessments in our guide ‘Five steps to completing an effective risk assessment’.
6. Providing first aid
Businesses must ensure that workers receive immediate help if they are taken ill or injured at work. Businesses must have:
- a suitable first aid kit;
- an appointed person to take charge of first aid arrangements;
- and information available to workers regarding first aid.
7. Recording accidents and illnesses
Businesses with 10 or more employees must record all workplace injuries, diseases, dangerous occurrences and certain near accidents in an accident book.
Under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (known as RIDDOR), all businesses are legally required to report certain workplace injuries, near-misses and cases of work-related disease to the HSE or local authority. These include:
- Fatal accidents;
- Major injury or conditions which require medical treatment;
- Dangerous occurrences;
- Accidents that prevent a worker from doing their normal work for more than 7 days;
- Certain work-
- related diseases such as poisoning, lung diseases and infections; and
- Certain gas incidents.
Detailed information is provided on the HSE website: RIDDOR – Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.
8. Providing a safe and healthy workplace
As the HSE states, employers must ‘provide welfare facilities and a working environment that’s healthy and safe for everyone in the workplace’. This includes the provision of:
- Welfare facilities: adequate toilets and washbasins, drinking water and somewhere to rest and eat
- Healthy working environment: a clean workplace, a reasonable temperature, good ventilation, suitable lighting, adequate space and seating
- Safe workplace: well-maintained equipment, no obstructions, windows that can be opened and cleaned
9. Arranging employers’ liability insurance
All employers must have employers’ liability insurance. The insurance must be arranged with an authorised insurer, and the policy must provide cover of at least £5 million.
10. Providing information and training
Businesses must provide all workers (including contractors) with clear instructions, information and training to ensure they can work safely and without risk to their health. For example, all new recruits should be informed where the fire exits are on their first day of work. The level of information and training required will depend upon the nature of the business and the level of risk that exists.
Who is responsible for health and safety in the workplace?
The primary responsibility for health and safety in the workplace is down to businesses. However, workers also have a responsibility to take care of their own health and safety, and that of others who may be affected by their actions at work. Workers’ obligations include:
– Carrying out work safely;
– Following any health and safety training;
– Complying with all safety procedures, for example wearing personal protective equipment;
– Reporting any safety concerns; and
– Reporting any accidents or illnesses caused by work.
Enforcement of occupational health & safety rules
Both criminal and civil law apply to occupational health and safety. Failure to comply with health and safety legislation is a criminal offence, which may result in: verbal or written advice; an improvement or prohibition notice; or prosecution. Businesses can even be convicted of corporate manslaughter in extreme circumstances.
Furthermore, if an employer causes an individual to become ill or injured, the person affected may bring a claim for compensation under civil law, such as a claim for personal injury or constructive unfair dismissal.
What can we do to help?
If you would like advice on health & safety in the workplace, please contact our team on 0330 223 5253 or office@fitzgeraldhr.co.uk. We would be delighted to help you.
We hope you found this guide useful. You may also find the resources below helpful.
