Health and Safety at Work

The scope of health and safety legislation in the United Kingdom is extensive.

The following presentation gives only a broad and simplified overview of an employer's duties to those who might be affected by his activities and should not be relied upon for any other purpose.

In the broadest terms, there are two aspects of law on health and safety in the workplace that affect employers:

  • statutory legislation, including HASAWA 1974, Regulations generally applying to specific activities, and most recently the Corporate Manslaughter and Corporate Homicide Act 2008
  • contract law, in particular the Contract of Insurance governing your relationship, duties and liabilities with your Insurance Company

A breach of statutory legislation can result in prosecution, which, if found guilty, can result in substantial fines and even imprisonment.

The Health and Safety (Offences) Act 2008 extends and increases the penalties to which employers may be liable in the event of breaches of a range of duties under HASAWA 1974. The maximum penalties for a range of offences triable in lower courts have been extended. The maximum fine is now £20,000; imprisonment up to a maximum 12 months has been introduced.

In the event of an accident or incident, failure to have complied with the terms and conditions of the Policy may result in the Insurer deciding that there has been a substantial breach of the insurance contract, which may ultimately result in the Insurer refusing to cover the liability. Depending upon circumstances, this may place your business and personal assets at risk. An Insurer may write certain terms and conditions into its Policy; it is worthwhile reviewing your Policy to ensure that you are in compliance.

The Health and Safety at Work Act 1974 places on all employers, regardless of size and legal structure, the statutory duty ' to ensure, so far as is reasonably practicable, the health safety and welfare at work of his employees and others who may be affected by his activities '.

If you have five employees or more, you must additionally prepare a written statement of your general policy with regard to:

  • the health and safety at work of your employees
  • your organization and arrangements for carrying out that policy

This is not required if you have four employees or less, but in the event of an incident you will still have to be able to demonstrate that you have complied with your duty of care and have appropriate arrangements in place. This may be difficult if you have no documentation.

You must bring these arrangements to the attention of staff, and review and revise them as necessary. The documentation must address all aspects of your activities, and must be ' suitable and sufficient '.

In addition to your general duty of care, the Act also places on employers particular duties with regard to specific activities:

  • you must provide and maintain plant, equipment and systems of work that are safe, without risk to health and which are fit for their purpose and use
    - plant, equipment and safe systems of work include, for example, office furniture, hand tools and motor vehicles
  • you must ensure that employees who use, handle and transport articles and substances are not placed at risk from these, and that your arrangements for storage do not endanger their health or safety
    - this involves risk assessing all relevant activities, including the articles and substances, methods of handling and storage arrangements
  • you must provide employees with the necessary information, instruction and training to ensure that they can work safely, and provide adequate supervision to ensure that they are doing so
    - in the event of an incident, you will almost certainly be required to demonstrate that you have done so. Accident investigators will ask to see relevant documentation, including risk assessments, safe systems of work, training plans and records, including supervisory and management training
  • you must maintain any place of work which is under your control in a condition which is safe and without risk to health
    - this can best be defined as any place where your employees work: inside, outside, above the ground, underground, inside or on plant and equipment, in other employees premises or in private homes. This list is not comprehensive.
  • you must ensure that your employees' working environment is safe and does not place a health risk, and you must provide adequate facilities and arrangements for their welfare at work
    - this addresses workplace issues such as noise, fumes and dust, lighting and temperature; employers must also provide adequate toilets, washing and cloakroom facilities and keep all aspects of the workplace clean and hygienic

Further information, general or specofic, is available from tqma and the Health and Safety Executive website.