Health & Safety Assessments

The employer is required to prepare a written health and safety policy where the employer has five or more employees, that will include a general statement of policy and the organisation and arrangements for carrying it out. This policy must be revised as necessary and brought to the attention of the employees.

The employer owes a duty to their employees to ensure, so far as reasonably practicable, the health, safety and welfare at work.

The key phrase ‘so far reasonably practicable’ is a key phrase meaning there must be a balance between the level of risk and the cost, measure in time money and effort, of reducing that risk.

Employers also have a duty to ensure the health and safety of non-employees i.e visitors to the premises and contractors. Employees have a duty to themselves and others and must cooperate with their employer in the workplace.

People who have control of the premises used as workplaces (such as office landlords) have a duty to the people using those premises. Also, designers and manufacturers of articles or substances used at work have a duty to the end users.

The Act also prohibits anyone from misusing safety equipment and prohibits employers from charging employees for things done to achieve legal compliance.

Directors and senior managers must also take their responsibility for failure in health and safety duties and can be charged with offences committed by their organisation.

The Management of Health and Safety Work Regulations 1999 places various duties on the employer. One of these duties is the requirement to carry out a suitable and sufficient risk assessment. Employers must also make arrangements for health and safety management, develop procedures to deal with imminent danger, provide information and training to employees.