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Health & Safety – the employer’s duty

The law imposes a responsibility on employers to ensure the health, safety and welfare of all their employees whilst at work. Much of the law in relation to safety in the workplace is contained within the Health and Safety at Work  Act 1974. Below is set out a brief overview of the key areas.

Introduction

All employers have a legal responsibility for the health and safety of their employees and all others who come into contact with the business and who might be affected by its activities. This responsibility arises in the main from the Health and Safety at Work etc Act 1974 which provides in Part I:

  • under section 2, that employers must ensure, so far as is reasonably practicable, the health, safety and welfare of employees at work,
  • under section 3, that employers must, so far as is reasonably practicable, conduct their business in such a way as to ensure the health, safety and welfare of anyone not employed by them but who may be affected by the work they do or their business, and
  • under section 4, that those who are in control of non-domestic premises have a duty towards people who are not their employees but use their premises.

Thus as an employer you have a duty of care towards:

  • your employees – whether they work on or off site,
  • visitors to the work place – whether they are customers or sub-contractors,
  • people at other premises where your business is doing work,
  • members of the public – whether or not they are on your premises,
  • anyone else who might be affected by your products and services.

In complying with this legal requirement you need to ensure that you put in place good health and safety practices and comply with all other legislation which relates to this area – for example The Workplace (Health, Safety and Welfare) Regulations 1992, the Quarries Regulations 1999, the Health and Safety (Miscellaneous Amendments) Regulations 2002, the Work at Height Regulations 2005, and the Construction (Design and Management) Regulations 2007, to name but a few.

Risk Assessments

The starting point for any employer is to undertake an assessment of the risks the business faces from someone, or something, being injured or damaged as the result of a hazard related to that business. For these purposes hazard can refer to anything which is capable of causing harm, including machinery, displays, office equipment, chemicals, electricity - even a slippery floor.

Undertaking a risk assessment allows and employer to focus on the risks that can occur and assist in identifying those which are minor and those which could cause real harm. Some risks can be eliminated quite simply – for example ensuring that floors are kept clear of obstacles or that spillages are cleaned up promptly. However other risks may require more effort to prevent – for example changing manufacturing processes or installing additional safety equipment. Fortunately, for the employer with fewer resources, the law does not require that all risks are eliminated merely that they are done so as far as is reasonable practicable.

In order to undertake a risk assessment, an employer should follow five basic steps:

  • Step 1 - identify the hazards
  • Step 2 - decide who might be harmed and how
  • Step 3 - evaluate the risks and decide on precautions
  • Step 4 - record findings and implement them
  • Step 5 - review the assessment and update if necessary

Employers are advised to keep the process as simple as is possible and not to feel the need to bring in consultants. Many organisations, especially the smaller ones, will be only too aware of what the potential risks are.

For further guidance on carrying out a risk assessment see the Health and Safety Executive’s guide Five Steps to Risk Assessment or look at their examples and case studies.

Beyond the Risk Assessment

In addition to carrying out a risk assessment, employers should also:

  • make arrangements for implementing any matters which arise from the risk assessment,
  • appoint someone from within the firm to be responsible for implementing health and safety arrangements,
  • work out and establish what to do in an emergency, and
  • provide information and training for all employees.

Furthermore there are a number of specific legal requirements:

  • if you have not yet done so and you employ staff, you must register your business either with the Health and Safety Executive or with the local authority,
  • if you employ staff, take out Employers’ Liability Compulsory Insurance and display the certificate where your staff can easily read it. Note that you could be fined if you do not have a current policy,
  • if you employ five or more people, establish a health and safety policy and ensure that this is communicated to staff,
  • if you employ anyone, you must display the HSE’s health and safety law poster or let employees have a copy of a leaflet called Health and safety law: What you should know,
  • put in place a process for recording and reporting accidents,
  • consult employees or their safety representatives on health and safety matters, and
  • ensure employees understand and carry out their responsibilities for health and safety, such as following all safety rules.

For more information on the duties which you have as an employer please contact employmentlawhelp on 0844 804 4800 for more advice.