The short answer is “because it’s every employer’s duty”. Being an employer is about much more than just obeying the letter of the law. You also want to make your workforce is as productive as possible and you need to attract talented people by being a good place to work.
The bottom line is that employers have a legal obligation to manage health and safety in the workplace. That means controlling risk. Risks can only be controlled once they have been identified and quantified.
That’s why it’s the responsibility of every employer to conduct a health and safety risk assessment. Defining the hazards present in the workplace so that action can be taken to manage them.
The law is crystal clear on this point. Businesses with five or more employees must not only conduct a risk assessment, but also record the findings in a written report. This information must be shared with employees carrying out the tasks that have been assessed, including those that may work in the same area.
Organisations with fewer than five employees are still required to assess the risks in the workplace. There’s no obligation to write the results down, but there’s a strong case for doing it anyway. Creating a written report clarifies matters, focuses minds and makes it much easier to update the assessment when things change, for example, if there is a new process or new equipment is introduced.
If you are confident you understand the risks in your workplace, you can conduct your own workplace risk assessment, however if you’re in any doubt about any aspect of the assessment or the level of risk, it’s wise to call in the experts. Conducting expert risk assessments is a key aspect of the service available from Walker Health and Safety Services Limited.
Before deciding whether you need expert advice, consider the worst-case scenario. Imagine finding yourself in court because of a Health and Safety incident in your workplace. That’s when an inaccurate or incomplete risk assessment can cost you a big fine, and perhaps even close the business down.
If you need to conduct a risk assessment or are not sure the one you have in place is fit for purpose, don’t hesitate to contact Walker Health and Safety Services Limited for advice.
The Electricity at Work Regulations 1989 require employers to assess the work activities which use electricity, or which may be affected by it, and to put in place safe systems of work. There are also requirements in relation to the safe maintenance of electrical equipment and installations. Under the regulations, employers should ensure the following in relation to electrical equipment.
Portable electrical equipment can be described as equipment that is not part of a fixed installation but is intended to be connected to a fixed installation, or a generator, by means of a flexible cable and either a plug and socket, or a spur box, or similar means.
When using portable electrical equipment, employers should ensure the following.
Employees using the equipment (including extension leads) should be encouraged to look at it critically and check for signs that it may not be in sound condition.
Fixed electrical systems in new buildings have to comply with relevant building standards and controls and many now have integral safety features, such as residual circuit breakers. BS 7671 (IET Wiring Regulations, 18th Edition) sets the standards for electrical installation in the UK.
It is a legal requirement that all electrical work should be carried out by competent persons. A successfully completed electrical apprenticeship, with some post-apprenticeship experience, is one way of demonstrating technical competence for general electrical work.
Fixed installations and portable electrical equipment should be subject to a maintenance regime. This information should be kept by a H&S Representative.
Formal visual inspections should be undertaken by a suitably trained person. Periodic combined inspection and testing is the only reliable way of detecting certain faults, and should be carried out to back up the checks and inspection regime.
Contact us should you have any questions.
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Merry Christmas and a Happy New Year!
Emma
Walker Health and Safety Services Limited
Every year, Emma dresses up as an elf and volunteers for Blist Hill museum. She sees many children hoping to make a good impression with Santa!
Christmas brings its own challenges, but how many of those classic health and safety issues we all hear about every year are true? Inspired by and using the Health and Safety Executive (HSE) festive myth busters, which do you think are “festive thumbs up” (true) or Bah Humbug (false)?
Bah Humbug and advice from Gov.uk says
You can clear snow and ice from pavements yourself. It’s unlikely that you’ll be sued or held responsible if someone is injured on a path or pavement if you’ve cleared it carefully.
Bah Humbug and the HSE say:
Each year we hear of companies banning their workers from putting up the Christmas decorations in their offices for ‘health and safety’ reasons, or requiring the work to be done by a ‘qualified’ person. Lets be sensible and provide staff with suitable step ladders to put up decorations rather than expecting staff to balance on wheelie chairs.
Festive thumbs up and advice from HSE says:
Lots of companies waste money in the false belief they need to test their Christmas lights annually, or even don’t put them up at all! By following a few sensible precautions, such as checks by the user for obvious signs of damage, every workplace can switch on safely and sparkle!
Bah Humbug and the HSE say:
Every year we hear inaccurate stories about children who aren’t allowed to throw snowballs, and swimmers who can’t take their traditional winter dip in the local lake – all this in the name of health and safety. We are expected to have snow this Christmas, so lets get out there and have a snowball fight!
Festive thumbs up and what the HSE say:
Finding a coin in your pudding on Christmas day – it’s a tradition that’s lasted for more than 500 years and is said to grant you a good luck wish for the coming year. However, killjoys have been stirring up trouble saying it’s too risky to put coins inside puddings for ‘health and safety’ reasons. Just be careful when taking a bite of pud!
If we had one wish, it would be to stamp out the health and safety Scrooges who try to dampen the Christmas spirit.
Merry Christmas and a Happy New Year to everyone!
The HSE inspect businesses that are working in high-risk industries. So, if your organisation is high risk and has not had a visit for a while, don’t be surprised if an HSE inspector wants to look around. This may be a random inspection but is more likely to be due to a previous incident, an issue raised by a worker, or a report of a serious injury on site.
The inspectors want to check that employers are keeping their staff, customers and members of the public safe. They also review if work activities are being carried out in line with statutory requirements. The inspector will ask about the health and safety issues affecting the business and what is being done to reduce risk. They may want to look around the site and inspect aspects of work being done, too. If they are investigating an incident, the inspector will want you to describe what happened and what processes you had in place. They’ll look at your accident investigation report and any CCTV or photographs that may have been taken. They’ll also speak to your staff or read their witness statements.
Immediately after the visit, the inspector might offer the organisation written or verbal advice on how to improve safety at work. Or they could issue a notification of contravention, which means that there has been a breach of health and safety law. The inspector may then issue an improvement notice. This gives the organisation at least 21 days to correct the issue.
For more serious offences, an inspector may issue a prohibition notice. This forces the organisation to stop any activities deemed dangerous immediately. The inspector can also seize items, substances and equipment as evidence.
Finally, the inspector can prosecute the organisation and/or its directors. This could lead to a court appearance, a fine or even a prison sentence.
If the inspector issues a notice of contravention, the organisation will have to pay the HSE’s expenses for the investigation. This is called a fee for intervention (FFI). FFI is an hourly charge of £154. FFI also applies if the HSE issues a notice of improvement or prohibition.
The fines for prosecution depend on the offence committed. For example, in 2018 the average fine for breaches of the Control of Major Accident Hazards Regulations 1999 was £846,250.
Of course, the total impact on a business can be much greater. An improvement notice can force an organisation to make high-cost changes in a short space of time. A prohibition notice can shut the business down or lead to disqualification of being a director for a set period of time.
Even minor breaches have lasting damage. The HSE will register an enforcement notice against the business for 10 years. This can make it hard to get work with new clients and almost impossible to bid for public sector contracts.
As always, prevention is better than the cure. Ensure that you are aware of the legal requirements on your business and that you have procedures for improving, monitoring and reviewing your compliance status.
Contact us if you wish to discuss this topic further.
