Health and Safety law imposes a responsibility on the employer to ensure safety at work for all their employees.

The last two years has seen an enormous amount of legislation enacted and the regulations to help us understand the requirements of law have followed on behind. With the pace of events it is easy for all participants in the safety equation to feel emotionally drained at the thought of implementing the vast amounts of new and complicated procedures associated with the respective codes of practice. Chris Wiper, Senior Partner at Close Thornton Solicitors in Darlington, helps us understand what we are now required to do.

Employers have to take reasonable steps to ensure the health, safety and welfare of their employees at work. Failure to do so could result in a criminal prosecution in the Magistrates Court or a Crown Court. Failure to ensure safe working practises could also lead to an employee suing for personal injury or in some cases the employer being prosecuted for corporate manslaughter.

As well as a legal responsibility, an employer has an implied responsibility to take reasonable steps as far as they are able to ensure the health and safety of their employees is not put at risk. So, an employer might be found liable for his actions or failures to act even if these are not written in law.

An employer should assess the level of risk as against the cost of eliminating that risk in deciding whether they have taken reasonable steps as far as they are able.

The employer’s responsibility to the employee might include a duty to provide safe plant and machinery and safe premises, a safe system of work and competent trained and supervised staff. Certain groups of employees may require more care and supervision than others. For example disabled workers, pregnant workers, illiterate workers etc.

The employer must consult either directly with their employees or through an elected representative on health and safety matters.

It is always advisable for employers to have a written code of conduct, rules regarding training and supervision, and rules on safety procedures. This should include information on basic health and safety requirements. Leaflets and posters giving warnings of hazards are always advisable.

In any event an employer must establish a health and safety policy if they employ five or more workers. This policy outlines an employers’ commitment to health and safety in the workplace and must be brought to the attention of all employees.

The management of Health & Safety At Work Regulations 1992 requires an employer to carry out a risk assessment of the work place and put in place appropriate control measures.

A continual update of your health and safety policy allows you to identify regulations that might be trade specific, if you do not do as much as this then alarm bells should be ringing. If there are some obscure codes of practice you are not implementing, it is advisable to get a copy of the relevant trade specific documentation and check what you do automatically as a daily part of your business.

For further information on Health & Safety law issues, contact Chris Wiper, Senior Partner at Close Thornton Solicitors, Darlington on 01325 466461.

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