We know that this isn’t always the most interesting topic, but it’s really important. SO, we have covered some of the main points/obligations to consider below.
When it comes to health and safety, employers have certain duties, under health and safety legislation. These are to:
- Assess risks;
- Provide information about risks;
- Consult employees; and
- Provide health and safety information.
If an employer is not doing any of the above, and this had been raised by a worker but nothing has been done about it, then the employer may be reported to the Health and Safety Executive (HSE).
So, what are your obligations (as an employer) in more detail?
Assess risks.
You have duties under health and safety law to assess risks in the workplace. This means identifying work activities that could cause injury or illness and taking action to eliminate hazards, or if this isn’t possible, taking action to control the risk.
Provide information about risks.
You must give information about the risks in your workplace, and how you are protected (i.e. that there is insurance in place etc). You must also instruct, and train workers, on how to deal with the risks.
Consult employees.
You must consult employees on health and safety issues. Consultation must be either direct or through a safety representative that is either elected by the workforce, or appointed by a trade union.
Provide health and safety information.
You have a legal duty under the Health and Safety Information for Employees Regulations (HSIER) to display the approved poster in a prominent position in each workplace, or to provide each worker with a copy of the approved leaflet.
You can find a free poster, leaflet and pocket card here.
Reporting a health and safety issue.
If workers think you are exposing them to risks, or that you are not carrying out your legal duties with regards to health and safety, and if this has been pointed out to you but no satisfactory response has been given, workers can report this to HSE.
Do you have a Health and Safety policy?
If you employ five or more people, you must have a written statement, setting out your general health and safety policy with respect to your employees and organisation (a health and safety policy statement), and the arrangements for carrying out the policy.
You also have a duty to bring the written statement to the attention of all of your employees.
The exemption for employers with fewer than five employees is provided in legislation and can be found here.
A written document ensures that both you and your workforce are clear about your respective responsibilities. Therefore, although an employer with fewer than five people in its workforce is not legally obliged to have a written health and safety policy statement, a written policy can help improve health and safety within its organisation.
We would recommend always having a health and safety policy in place.
If you need help in drafting a policy, or to ensure yours is legally compliant, get in touch with us on:
? Connect with us on LinkedIn – Peach Law (HR & Employment Law Specialists)
