Health and Safety Legislation

Health and Safety Legislation is regulated by the Health and Safety Commission and the Health and Safety Executive. They are responsible for the regulation of almost all the risks to health and safety arising from work activity in the UK. Key Regulations are -

Registering your Business
Every business that has employees must register with either the local Environmental Health Department or the Health and Safety Executive. The type of work in which your business is involved determines the agency that you register with. If you are starting a new business, the agencies should be given notice before you open or begin operating. Failure to register your business may result in a heavy fine.

Employer's Liability and Public Liability Insurance
Under the Employer's Liability (Compulsory Insurance) Act 1969 and the Employer's Liability (Compulsory Insurance) Regulations 1998 it is compulsory to obtain insurance for all of your employees.

The definition of an employee is - any individual working full or part time, who is deemed to be in employment with you, the employer. This applies whether a written contract exists or employment terms have been agreed verbally. Certain groups such as volunteers or students may or may not be covered by the definitions. Whenever there is any cause for doubt it would be prudent to clarify the situation with your insurance company.

Fire Prevention and Fire Certificates
Proper arrangements to minimise the risk of fire in the workplace must be undertaken. The owner of the building, or the sole tenant, should carry out a fire risk assessment, the results should be recorded and be available to the Fire Authority.

Business premises need either a Fire Certificate or a Certificate of Exemption; the local Fire Authority issues both. You should contact your local Fire Authority and request that they send you the appropriate form. The Fire Authority will send out an inspector who will look around your business and may request to see your fire risk assessments.

Recording and Reporting of Accidents, Sickness and Incidents
Properly conducted risk assessments can aid in the anticipation of accidents at work and once identified they can be avoided by clear and precise safety procedures. All accidents and any dangerous occurrences, e.g. materials falling from height, must be recorded in the company's accident and incident book.

It is a legal requirement to maintain methods of reporting and recording accidents, injuries, illnesses, dangerous occurrences and certain near misses arising from work activities or the working environment.

First Aid
Whenever an accident causing injury occurs it is important that immediate attention and, in serious cases, medical assistance is called. People at work can suffer injuries or fall ill at any time; it is not necessary that the injury or illness is caused through their work activities.

The Health and Safety (First Aid) Regulations 1981 require all employers to provide adequate and appropriate equipment, facilities and personnel to enable first aid to be given to employees (or others affected by work activities) if they are injured or become ill at work.

Safe Manual Handling
Manual handling includes any transporting or supporting of a load (including the lifting, putting down, pushing carrying or moving) by hand or by bodily force. The Health and Safety Executive estimates that about 34% of all injuries reported are as a result of manual handling. The most common types of injury are sprains and strains, particularly to the back. Other injuries include contusion, laceration, fractures, cuts and abrasions.

Personal Protective Equipment
The Personal Protective Equipment at Work Regulations 1992 stipulates that all equipment (including clothing affording protection against the weather) which is intended to be worn or held by a person at work and which protects them against one or more risks to their health or safety, and any addition or accessory designed to meet that objective.

The regulations place an onus on both the employer and the employee in respect of the need for, the supply of, the use of and the maintenance of Personal Protective Equipment. When necessary the regulations make reference to activities which some may consider being outside the scope of the regulations such as dangerous sporting activities like canoeing.

Workplace Health, Safety and Welfare
All employers must provide and maintain a safe and healthy working environment for all their employees. The regulations and Standard Code of Practice governing this are encompassed in the Workplace (Health, Safety and Welfare) Regulations 1992. Whilst care has been taken not to change the specifics of the regulations it should always be noted that the full regulations are available.

Using Display Screen Equipment
The Health and Safety (Display Screen Equipment) Regulations 1992 came in to force on 1 January 1993. They implement a European directive, No. 90/270/EEC Of 29 May 1990, on minimum safety and health requirements for work using display screen equipment.

Reference is made to particularly relevant Acts. The Regulations are for the protection of employees and the self-employed who habitually use display screen equipment as a significant part of their normal work.

Emissions to Air
Due to legislation governing pollution control it is possible that your business activities may have restrictions imposed. The activities may fall under one or two control systems: Integrated Pollution Prevention and Control (IPPC) or Local Authority Pollution Control (LAPC).

If you feel that your business may be affected by these controls you must contact the Environmental Health Department who will guide you on the issues surrounding emission levels, safer work processes or control measures and the necessary documentation required to carry out your work. You may be required to contact the Environment Agency if your process is subject to IPPC.

Using Work Equipment
The Provision and Use of Work Equipment Regulations 1998 (known as PUWER 98) apply not only to equipment provided by the employer but also to where the employer allows employees to provide their own equipment. The use of equipment is defined in the regulations as the starting of equipment, stopping, programming, setting, transporting, repairing, modifying, maintaining, servicing, cleaning and related expressions.

Work equipment means any machinery, appliance, apparatus, tool or assembly of components that are designed to function as a whole. Examples include lathes, ladders, computers, drills, saws, knives, electric fires, kettles, etc.

Carrying out Building Works
The Construction Design and Management Regulations 1994, (CDM) These regulations place duties on all those who can contribute to the health and safety of a construction project. For further information on these regulations the Construction (Health, Safety and Welfare) Regulations 1996, should be obtained.

Waste
Waste can be anything you own or your business produces and which you want to dispose of.

• Types of Waste - Waste is divided into three categories:
• Special waste - These are the most dangerous wastes. They include hazardous wastes such as solvents, batteries, oily sludges, waste oils, pesticides or wood preservatives.

If you are disposing of a special waste, a consignment note must be completed. These are available from the Environment Agency for a fee. Records must be kept for a minimum period of three years.

Statutory Nuisance
The Environmental Protection Act 1990 draws together most of the statutory nuisance from earlier legislation and was further defined by the Environment Act 1995. Concerns for business include noise, odours and a considerable build-up of materials. Therefore you must ensure that assessments are carried out on the workplace, work activities and those affected, including employees, others working on the premises or in the vicinity and members of the public.

Health and Safety Policy
A Health and Safety Policy is a document outlining how health and safety in your workplace is maintained and developed. Your safety policy is a working document, which will help you to clarify responsibilities and develop safety procedures. The policy can also help you to communicate your safety procedures to others.

LOLER
LOLER is Lifting Operations and Lifting Equipment Regulations 1998. In the main, LOLER replaced existing legal requirements relating to the use of lifting equipment, for example the Construction (Lifting Operations) Regulations 1961, the Docks Regulations 1988 and the Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992. Many aspects of LOLER should therefore be familiar to you.

Electricity
Around 30 fatalities occur each year as a result of accidents at work involving electric shock or burns. Most of these fatalities arise from contact with overhead or underground cables. Even non-fatal shocks can cause severe and permanent injury. Employers must assess work activities, which utilise electricity and must define all forseable risks associated with the activities.