In the workplace, employers are responsible for the health, safety and welfare of their employees and anyone else affected by the business, such as contractors, suppliers and customers. The framework for handling health and safety in the UK is set out in the Health and Safety at Work Act 1974.
Whatever the size of the business, the law provides an employer must ensure that the workplace is safe, that health risks have been prevented and safe working practices have been set up and are followed. Further duties apply where a business employs five or more employees.
Accidents and incidents in the workplace can cause serious harm and be devasting to the well-being and morale of your workforce. They can also result in expensive claims and damage to your company’s reputation. As a result, businesses must be aware of and understand their workplace health and safety duties and responsibilities.
This article explains everything you need to know about your legal responsibilities as an employer under the health and safety legislation.
Who is Responsible for Health and Safety in the Workplace?
By law, the main responsibility for workplace safety falls on the business owner. However, to a certain extent, everyone is responsible for health and safety in their workplace and managers, supervisors, contractors and staff all have significant obligations too.
For example, all staff must take care of their health and safety as well as that of others who may be impacted by their actions at work. Therefore, all workers should help to create a safe working environment by following health and safety instructions, attending training and adhering to safety procedures.
Ultimately though, responsibilities are not shared equally and employers hold more responsibility than their staff because they are held accountable for their employees’ safety and well-being.
Legislation to Enforce Health and Safety
The most important piece of legislation concerning health and safety in the UK is the Health and Safety at Work Act 1974 (HSWA), which sets out the general duties that employers have towards employees and those employees have to themselves and each other. The Management of Health and Safety at Work Regulations 1999, which outline what employers need to do to manage health and safety under HSWA, supplements the Act. The Health and Safety Executive (HSE) is a government body that enforces this legislation.
Various regulations expand on the general duty and cover a range of issues such as the use of computers, lifting operations, working with chemicals and the work environment. There is also guidance on health and safety issues and Approved Codes of Practice published by the HSE, which although not compulsory, are strongly advised.
The Health and Safety Duties of Employers
Employers are required by law to ensure that their employees and anyone affected by the business are safe from harm. However, this is qualified by the words ‘as far as reasonably practicable.’ This recognises that it is not possible to completely remove risk and allows employers to argue that the costs of a particular safety measure are grossly disproportionate to the reduction in risk that the measure would offer. However, this does not mean you can simply avoid responsibilities by asserting that you cannot afford improvements.
Some of the duties to meet your health and safety responsibilities are set out below.
Carrying Out Risk Assessments
Under the Management of Health and Safety at Work Regulations, you must inspect the workplace and identify health and safety hazards to assess the risks they pose. As part of this assessment, you need to identify who may be at risk and how to protect them from potential harm.
Once the risks have been assessed, effective safety measures should be implemented and the risk assessment should be reviewed regularly to take account of any changes, such as new machinery or working practices.
You must tell staff about the risks highlighted by the assessment and let them know what measures you will introduce to manage them.
Provide Effective Health and Safety Training and Instruction for Staff
You should provide health and safety training to staff on topics such as first aid, safe use of equipment and hazardous substance control so that they know what hazards they may face and how to deal with them. Such training should be free and should take place during working hours.
You should also inform workers fully about potential hazards associated with any work process or activity and provide adequate instruction and supervision.
Display the Health and Safety Law Poster
You are required by law to display the HSE-approved health and safety poster, which summarises the health and safety laws and tells employees what they and their employer must do about their health and safety duties.
It should be displayed where staff can easily see it, such as in a corridor or on an office wall. Alternatively, staff can be provided with an equivalent leaflet or pocket card.
Provide Protective Equipment and First Aid Kits
The law requires employers to make first aid kits available to staff to maximise safety and prevent minor injuries. When assessing how much first aid provision is appropriate, you will have to take into account workplace hazards and risks in your business as well as the size of your company.
You should also supply employees with safety equipment and protective clothing where necessary to ensure they are properly protected whilst at work. All machinery should also be checked regularly to ensure they are well maintained and have adequate protective guards.
Consult with Employees or Their Representatives
You must consult with employees or a recognised health and safety representative on:
- any new arrangements that could impact their health and safety at work, for example, equipment, technology or ways of working
- the employer’s arrangements for getting competent people to assist the business in satisfying health and safety laws
- workplace risks and what measures are being taken to reduce them
- health and safety training.
It is important to remember that consultation involves listening to employees to take account of what they think before making any health and safety decisions; it is not just about giving them information.
The Responsibilities for Businesses Employing Five or More Staff
There are additional health and safety responsibilities for businesses that employ five or more staff members.
Written Health and Safety Policy
According to the health and safety legislation, every business should have a policy dealing with health and safety. The policy should explain how you, as an employer, set out to reduce risks, hazards and accidents in the workplace and outline who is responsible for health and safety. Having a robust health and safety policy in place should help you minimise the potential risk of work-related injuries.
However, if you employ five or more staff, it is a legal requirement under the HSWA to write the policy down and share it with your employees.
Businesses with fewer than five employees are not required to have anything written down but it is good practice to do so.
Recorded Risk Assessments
While all employers must conduct workplace risk assessments, if your business employs five or more employees, the results must be recorded with details of any groups of employees at particular risk, such as older, disabled or pregnant employees.
Again, businesses with four or fewer staff do not have to do a written assessment but again, it is good practice to do so.
Creating a Safe and Healthy Workplace Environment
The law obliges you to provide welfare facilities and a working environment that is safe and healthy for everyone. On a practical level, some of the measures you should think of implementing to meet your responsibilities include the following:
- ensure that workspaces are sufficiently ventilated with fresh air
- maintain the temperature at a comfortable level
- keep the workplace and any equipment clean
- maintain equipment in good working order and regularly check they are safe to use
- provide appropriate washing facilities and clean drinking water
- store things sensibly so that they are not likely to fall and injure someone
- offer an area for meal and rest breaks as well as appropriate facilities for pregnant women and nursing mothers
- plan fire safety routes and training
- arrange free eye tests for workers who use display screen equipment daily
- display suitable hazard warning signs, for example, a ‘wet floor’ sign.
Reporting Injuries, Diseases and Dangerous Occurrences
All employers must comply with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). This places a legal duty on you to report certain work-related accidents and safety incidents to the HSE, who may then launch an investigation.
The incidents that need to be reported to the HSE include:
- accidents resulting in death or serious injury
- dangerous occurrences in the workplace, such as acts of physical violence to employees
- specified diseases and medical conditions
- injuries where the person cannot work for at least seven days.
How We Can Help
Health and safety can be a complex area of law and is an issue that affects all businesses, irrespective of their size.
Our expert employment lawyers have a comprehensive understanding of health and safety law and provide expert advice to clients across all industries.
We can help you put in place industry-specific best practice health and safety policies and procedures that will keep your staff safe and avoid the potential for lengthy and costly claims resulting from a workplace accident or injury. Contact us today at 0300 303 2071 or email us.
