An Introduction to Health and Safety Regulations

Transcription

1 An Introduction to Health and Safety Regulations Business Information Factsheet BIF002 August 2016 Introduction Every employer must comply with health and safety regulations intended to protect people such as employees, customers or members of the public. Employers also have obligations under health and safety law to protect young people doing work experience, mobile workers, home workers and agency workers. Under Section 1 of the Deregulation Act 2015, the Government amended Section 3(2) of the Health and Safety at Work Act 1974, which placed a general duty on the self-employed to protect themselves and others from risk to their health and safety. Self-employed people whose work activities pose no potential risk of causing harm to others are now exempt from health and safety law. This factsheet explains the main steps that must be taken to ensure that an employer complies with health and safety regulations. Northern Ireland has separate legislation concerning health and safety, although the rules are very similar to those in England, Scotland and Wales. The Health and Safety Executive (, monitors and enforces the regulations in England, Scotland and Wales, and the Health and Safety Executive Northern Ireland (NI, monitors the regulations in Northern Ireland. What are the key health and safety regulations? There are a number of key pieces of legislation, including the following: The Health and Safety at Work etc. Act 1974 is the main piece of health and safety legislation that every employer must comply with. It stipulates that an employer has a duty of care in relation to the health, safety and welfare of their employees and anyone else affected by their business activities. This includes contractors, clients, suppliers or any other person who could be affected by the work of the business, including members of the public. Employees also have certain responsibilities to ensure their own safety and the safety of others under the Act. See BIF 466, A Guide to the Health and Safety at Work etc. Act 1974, for more information. The Management of Health and Safety at Work Regulations 1999 require all employers (regardless of how many employees they have) to carry out workplace health and safety risk assessments, provide health and safety information and training to employees, and make special arrangements for certain employees, such as pregnant women and young people. See BIF 140, A Guide to the Management of Health and Safety at Work Regulations 1999, for more information. The Workplace (Health, Safety and Welfare) Regulations 1992 place a duty on employers to ensure that workplaces meet the health, safety and welfare needs of all employees, BIF002 Health and Safety Regulations - An Introduction to Page 1 of 5

2 including those with disabilities or additional needs. See BIF 198, A Guide to the Workplace (Health, Safety and Welfare) Regulations 1992, for more information. The Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996 require employers to consult with employees or their representatives regarding health and safety issues. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) require deaths, major injuries from work-related accidents, diseases and dangerous occurrences to be reported to the relevant enforcing authority - either the /NI or local authority. For more information about RIDDOR, go to or See also BIF 481, A Guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR). The Regulatory Reform (Fire Safety) Order 2005 requires all employers to carry out fire risk assessments and to have procedures in place in case of fire. See BIF 122, A Guide to Fire Safety Measures, for more information. The Health and Safety (First-Aid) Regulations 1981 require every employer to make adequate first-aid provision in the workplace for all employees. See BIF 181, A Guide to First-Aid Requirements in a Small Business, for more information. The Control of Substances Hazardous to Health Regulations 2002 (COSHH) place a duty on employers to prevent or control the exposure of workers to any substances that are hazardous to their health. See BIF 22, A Guide to the Control of Substances Hazardous to Health Regulations 2002 (COSHH), for more information. The Personal Protective Equipment at Work Regulations 1992 require every employer to ensure that suitable personal protective equipment is provided where employees may be exposed to a health and safety risk at work, unless that risk can be adequately controlled by other equally effective means. See BIF 265, A Guide to the Personal Protective Equipment at Work Regulations 1992, for more information. The Provision and Use of Work Equipment Regulations 1998 apply to employers who provide equipment for employees to use at work, and to self-employed people who use equipment to carry out their work. See BIF 263, A Guide to the Provision and Use of Work Equipment Regulations 1998, for more information. The Health and Safety (Display Screen Equipment) Regulations 1992 concern health and safety issues relating to employees' workstations, and include rules and guidance on the safe use of visual display units (VDUs) and other equipment such as keyboards, telephones and printers. See BIF 412, A Guide to Health and Safety Regulations for Computer and IT Equipment, for more information. The Manual Handling Operations Regulations 1992 (as amended) apply when employees are involved in strenuous lifting, carrying, pushing, pulling, reaching or repetitive handling. Under the Regulations, manual handling operations must be avoided if reasonably practicable. If not, a risk assessment must be carried out, and the risk of injury reduced. See BIF 200, A Guide to the Regulations Covering Lifting and Manual Handling in the Workplace, for more information. The Control of Asbestos Regulations 2012 prevent the import, supply and use of asbestos (whether new or second-hand), such as asbestos tiles or plaster panels containing asbestos. BIF002 Health and Safety Regulations - An Introduction to Page 2 of 5

3 The removal of asbestos must be carried out by a licensed contractor. Training must be provided to any employees who may come into contact with asbestos at work. The Control of Noise at Work Regulations 2005 require employers to reduce the risk of damage to employees' hearing as a result of exposure to noise, to minimise exposure to noise, and to provide personal ear protectors where noise rises above a certain level. The Electricity at Work Regulations 1989 place duties on employers, employees and the selfemployed to ensure that all electrical equipment and systems in the workplace are suitably constructed, maintained and operated in order to prevent risks to health and safety and to avoid injury where risks exist. See BIF 308, A Guide to the Electricity at Work Regulations 1989, for more information. The Work at Height Regulations 2005 (as amended) place a duty on employers and selfemployed people to ensure that all work at height is carried out safely. This includes making sure the work is properly planned and organised and that equipment is properly inspected and maintained. The Health and Safety Information for Employees Regulations 1989 require employers to display a poster telling employees what they need to know about their employer's and their own responsibilities regarding health and safety in the workplace. Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation can be convicted of an offence in situations where a gross failure of management or organisation results in a person's death. See BIF 460, An Introduction to the Corporate Manslaughter and Corporate Homicide Act 2007, for more information. The Construction (Design and Management) Regulations 2015 place obligations on the parties involved in a construction project to make suitable arrangements for managing the project to ensure that the work can be carried out without risk to the health and safety of anyone affected by the project. See BIF 204, A Guide to the Construction (Design and Management) Regulations 2015, for more information. What must employers do to comply with the regulations? The recommends a number of key actions that employers should take to ensure compliance with health and safety legislation: Obtain employers' liability insurance. This is mandatory for every employer and the certificate must be displayed in the workplace (either in hard-copy format or in electronic format via an intranet) and retained for 40 years. Receive competent advice from a business adviser or solicitor. Compile a health and safety policy stating how health and safety will be managed. Where there are more than five employees, the policy must be written down, but it is good practice to have a written policy as this shows that the organisation takes health and safety seriously. Carry out a risk assessment to determine what could cause harm to employees or visitors and how to take precautions to minimise these risks. It is necessary to go one step further and actively put risk minimisation procedures in place. Provide for basic health, safety and welfare needs, for example, toilets, washing facilities and drinking water for all employees. BIF002 Health and Safety Regulations - An Introduction to Page 3 of 5

4 Provide health and safety training to staff. This must be free and provide enough information to let staff know what hazards and risks they may come across and how to deal with them. Consult staff on health and safety matters. Display the statutory health and safety law poster. This provides basic information about health and safety legislation and contact numbers. Alternatively, employees can be provided with leaflets providing the same information, which can be obtained from the website. Report relevant workplace accidents, diseases and dangerous occurrences as soon as possible to either the or the local authority in the employer's area. Hints and tips Inspectors from the or local authority will ensure that an organisation is complying with health and safety law. The deals with factories, farms and building sites, while local authorities are responsible for offices, shops, hotels and catering and leisure establishments. Inspectors will check that the organisation is complying with the legislation, investigate any accidents and complaints, and help employers understand what they need to do to stay within the law. Further information BIF 22 A Guide to the Control of Substances Hazardous to Health Regulations 2002 (COSHH) BIF 39 A Health and Safety Compliance Checklist BIF 122 A Guide to Fire Safety Measures BIF 140 A Guide to the Management of Health and Safety at Work Regulations 1999 BIF 181 A Guide to First-Aid Requirements in a Small Business BIF 198 A Guide to the Workplace (Health, Safety and Welfare) Regulations 1992 BIF 200 A Guide to the Regulations Covering Lifting and Manual Handling in the Workplace BIF 204 A Guide to the Construction (Design and Management) Regulations 2015 BIF 263 A Guide to the Provision and Use of Work Equipment Regulations 1998 BIF 265 A Guide to the Personal Protective Equipment at Work Regulations 1992 BIF 289 A Guide to Carrying Out Health and Safety Risk Assessments BIF 308 A Guide to the Electricity at Work Regulations 1989 BIF 412 A Guide to Health and Safety Regulations for Computer and IT Equipment BIF 460 An Introduction to the Corporate Manslaughter and Corporate Homicide Act 2007 BIF 466 A Guide to the Health and Safety at Work etc. Act 1974 BIF 481 A Guide to the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) Legal publications 'Health and safety made simple: The basics for your business' Health and Safety Executive () Website: 'Risk assessment: A brief guide to controlling risks in the workplace' BIF002 Health and Safety Regulations - An Introduction to Page 4 of 5

5 Website: 'Workplace health, safety and welfare: A short guide for managers' Website: 'Working with substances hazardous to health: A brief guide to COSHH' Website: 'COSHH (NI): A brief guide to the Control of Substances Hazardous to Health Regulations 2003' Health and Safety Executive Northern Ireland (NI) Website: 'RIDDOR (NI) 97 booklet' NI Website: Health & Safety Advice Pack for Smaller Firms Royal Society for the Prevention of Accidents (RoSPA) Website: Useful contacts The Health and Safety Executive () is responsible for health and safety regulation in Great Britain. It publishes guidance on the health and safety obligations of employers. Tel: Website: The Health and Safety Executive Northern Ireland (NI) is responsible for health and safety regulation in Northern Ireland. It provides information on the health and safety obligations of employers. Tel: Website: DISCLAIMER While all reasonable efforts have been made, the publisher makes no warranties that this information is accurate and up-to-date and will not be responsible for any errors or omissions in the information nor any consequences of any errors or omissions. Professional advice should be sought where appropriate. Cobweb Information Ltd, Unit 9 Bankside, The Watermark, Gateshead, NE11 9SY. Tel: Website: BIF002 Health and Safety Regulations - An Introduction to Page 5 of 5