Health and Safety
Health and safety law is very extensive. The basis of UK health and safety law is the Health and Safety at Work Act 1974. This sets out the general principles of health and safety compliance and is supplemented by various Regulations, some of which apply to all industries and some of which apply to specific industries, types of premises or specific health and safety issues.
Approved Codes of Practice (ACOPs) are published from time to time containing guidance, examples of good practice and explanations of the law.
The Health and Safety Commission (HSC) is the body responsible for health and safety policy and its executive arm, the Health and Safety Executive (HSE) is responsible for enforcement of health and safety law.In recent years the European Union has been influential in adopting health and safety measures which are implemented by member states, including, of course, the UK.
Health and safety law creates rights and obligations on employers and workers and protection extends beyond an employer's own employees to other workers and visitors the employer's premises.
The employer's duties are to ensure, "so far as is reasonably practicable" the health, safety and welfare of workers, including stress at work. This has to be done by carrying out a risk assessment, consulting safety representatives and safety committees, providing information, instruction and training to workers and others who are in a contractual relationship. Compliance with some Regulations is absolute and not constrained by the "practicability" provision.
Failure by an employer to comply with health and safety law is an offence and may lead to prosecution by the HSE.
Workers who exercise their health and safety statutory rights are protected from detrimental action by their employer.
The following non-exhaustive list gives some examples of areas of work and matters which come within the scope of health and safety law:
- ventilation
- temperature
- lighting
- cleanliness and waste materials
- floor space
- seating
- sanitation
- washing facilities
- smoking
- visual Display Units (VDUs)
Workers have responsibilities and duties too and may be liable to prosecution as well if they interfere with anything provided in the interests of health and safety.
What are the legal duties on my employer to ensure my health, safety and welfare at work?
All employers have a common law duty of care to their employees. In addition, under the Health and Safety at Work Act 1974 every employer has a duty to ensure that, so far as is reasonably practicable, the health, safety and welfare of employees are protected. They must also conduct a risk assessment to identify the measures necessary to comply with the Act and other Regulations.
The matters to which this duty extends include:
- plant and systems of work
- use, handling, storage and transportation of articles and substances
- provision of information, instruction, training and supervision necessary for the health and safety of employees
- maintenance of the place of work, including access and exit, in a safe condition
- provision and maintenance of a safe working environment with adequate facilities and welfare facilities
All employers employing five or more employees must have a written health and safety policy, which must be brought to the notice of all employees.
The Health and Safety at Work Act 1974 provides for the appointment of safety representatives, (where there is a recognised trade union), or 'representatives of employee safety, (where there is no recognised union), and, where they request it, the setting up of a safety committee.
There is a further duty on the employer to ensure that the health and safety of persons other than employees who use the premises are protected.
Is my employer obliged to consult me and other employees on health and safety matters?
There are Regulations requiring employers to provide general information to employees and to consult representatives on health and safety matters.
Employers must display a poster or distribute leaflets giving general information about the requirements of health and safety law. Information must be provided on risks to which employees are exposed and the procedures to be taken in the event of danger.
Employers have the choice of consulting their employees either directly, that is individually, or collectively through safety representatives. These will be trade union representatives, or for groups not covered by trade unions, other representatives.
The employer must provide the necessary information to enable the employees' safety representatives, or representatives of employee safety, to participate fully and effectively in the consultation. In the case of safety representatives, the information must also be sufficient to enable them to carry out their functions under the Regulations. These include:
- investigation of potential hazards and dangerous occurrences and examine the causes of accidents
- investigation of members' complaints
- making representations to the employer
- carrying out inspections at least every three months and after a notifiable accident, dangerous occurrence or after a notifiable disease has been contracted
- consulting and receiving information from HSE inspectors and other enforcement officers on behalf of members
- attending meetings of the safety committee
The employer must ensure that each safety representative is provided with reasonable training, in respect of that representative's functions under the Regulations, for which the employer must pay.
The employer must also allow each representative such time off with pay during working hours as is necessary to enable them to undergo such training or to perform their functions and must allow similar time off to a candidate for election as a representative in order to perform their functions as a candidate.
A representative or candidate has a right to complain to an employment tribunal if the employer fails to provide such paid time off.
What legal duties are placed on me as an employee in respect of health and safety?
You have a common law duty of care as an employee. This means that you must exercise reasonable skill and care in your relationship with your employer and colleagues.
In addition the Health and Safety at Work Act 1974 requires you to take reasonable care for the health and safety of yourself and other people at work. This extends to co-operating to enable the employer to fulfil a legal duty.
You must not interfere with or obstruct anything provided in the interests of health and safety at work.
An employee who is in breach of his or her duties under the Health and Safety at Work Act 1974 may be liable to pay a fine on conviction. He or she may also be dismissed from employment for being in breach of a contractual duty to carry out work with proper care and skill, provided the employee was properly instructed about the safety measures and had been made aware that the interference could lead to dismissal.
What rights do health and safety inspectors have to question me or my employer?
The Health and Safety Executive is the operational arm of the Health and Safety Commission and has the day to day responsibility for the enforcement of health and safety law. HSE inspectors have the power to:
- enter premises
- inspect and investigate
- take measurements, samples and photographs
- require an area or machine to be left undisturbed
- seize, render harmless or destroy dangerous items
- obtain information and take statements
They also have the power to issue improvement and prohibition notices and can bring prosecutions against any person contravening a relevant statutory provision.
What is the employer's "duty of care"?
Both the employer and employee have a common law duty of care to each other and to other employees. This means exercising reasonable skill and care in the employment relationship.
In addition the Health and Safety at Work Act 1974 requires employers and employees to take reasonable care for the health and safety of everyone at work, including visitors and other non employees who use the premises.
A breach of this duty of care, by either the employer or the employee could result in a civil case, or a criminal prosecution by the HSE inspector through the appropriate enforcement procedure.
