Geoffrey Caesar, Solicitor

Health and safety are vital aspects of any workplace, as they protect the well-being of employees, customers, and visitors from potential hazards and risks. In the UK, various laws and regulations set out employers’ and employees’ health and safety responsibilities and the consequences of non-compliance.

In this blog post, I will provide an overview of these responsibilities and how employers can ensure they meet them.

The Health and Safety at Work Act 1974

The primary legislation covering health and safety in the UK is the Health and Safety at Work Act 1974 (HSWA). The Act places general duties on employers and some self-employed people to do what is ‘reasonably practicable’ to ensure the health and safety of their employees and anyone else affected by their work activities. This means balancing the level of risk against the measures needed to control it in terms of money, time or trouble.

The Act also gives employees certain rights and responsibilities regarding health and safety. Employees have the right to:

• work in a safe environment;
• receive adequate training, information and supervision;
• be consulted on health and safety matters;
• join a trade union and elect a safety representative; and
• report any health and safety concerns or issues.

Employees also have the responsibility to:

• take reasonable care of their health and safety and that of others;
• cooperate with their employer on health and safety matters;
• follow the rules and procedures set by their employer;
• use the equipment, plant and machinery provided by their employer correctly; and
• report any accidents, injuries or illnesses that occur at work.

Other Health and Safety Regulations

In addition to the HSWA, other specific regulations cover different health and safety aspects in various sectors and situations. Some of these regulations include:

• The Management of Health and Safety at Work Regulations 1999: These regulations require employers to assess the risks in their workplace, implement preventive measures, provide adequate training and information, appoint competent persons to oversee health and safety, consult with employees or their representatives, and have emergency plans.
• The Workplace (Health, Safety and Welfare) Regulations 1992: These regulations set out the minimum standards for the physical environment of the workplace, such as ventilation, lighting, temperature, cleanliness, space, and facilities.
• The Manual Handling Operations Regulations 1992: These regulations aim to prevent injuries from manual handling activities, such as lifting, carrying, pushing or pulling. Employers must avoid or reduce manual handling, assess risks, provide training and guidance, and use appropriate equipment.
• The Personal Protective Equipment at Work Regulations 1992: These regulations require employers to provide suitable personal protective equipment (PPE) for their employees when other means cannot control risks. PPE includes gloves, helmets, goggles, and masks.
• The Control of Substances Hazardous to Health Regulations 2002: These regulations require employers to prevent or control exposure to substances that can harm health, such as chemicals, dust, fumes, and gases. They require employers to assess the risks, provide information and training, use appropriate control measures, monitor exposure levels, and conduct health surveillance.
• The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013: These regulations require employers to report specific incidents to the relevant authority (such as HSE or local council), such as deaths, major injuries, occupational diseases, and near misses.

Many more health and safety regulations apply to specific industries or activities, such as construction, fire safety, electricity, gas, and asbestos. Employers should be aware of the relevant regulations for their sector and comply with them accordingly.

How to Ensure Compliance

Complying with health and safety laws and regulations is a legal obligation and a moral duty for employers. It can also improve productivity, reduce costs, enhance reputation, and increase customer satisfaction.

To ensure compliance with health and safety laws and regulations, employers should:

• Have a health and safety policy that sets out their aims, objectives, responsibilities and arrangements for managing health and safety.
• Conduct regular risk assessments to identify hazards in their workplace and implement suitable control measures to eliminate or reduce them.
• Provide adequate resources (such as time, money, staff) for implementing health and safety measures.
• Provide adequate training, information and supervision for their employees on health and safety matters.
• Consult with their employees or their representatives on health and safety issues.
• Monitor and review their health and safety performance regularly.
• Report any accidents or incidents, investigate the causes, and take corrective actions.
• Seek external advice or support from health and safety professionals or organisations if needed.

Conclusion

Health and safety are critical responsibilities for employers and UK employees. By complying with the relevant laws and regulations, employers can ensure a safe and healthy working environment for their staff and others and avoid legal penalties, civil claims, and reputational damage. Employees can also contribute to health and safety by following the rules and procedures set by their employer, taking care of themselves and others, and reporting any concerns or issues.

I regularly advise employers and employees on all aspects of English employment law. If you require advice on health and safety matters or would like me to review your policies and procedures and draw up any additional terms or documents you may need, please get in touch with me using the enquiry form on gcaesar.com.