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TOMORROW’S CLEANING SEPTEMBER 09
Law and Order
Accidents at work –
10 top tips
acquired from the HSE (www.hse.gov.uk). 7. Immediately Inform your Insurer
You can be fined up to £2,500 by the HSE for any
If you become aware that an employee has or may
day upon which there is not insurance in place.
have sustained injury (including psychological
injury) which they may seek to claim has arisen in
2. Appoint a ‘Competent Person’
their workplace, you should immediately inform
You must appoint someone ‘competent’ to help
your Employers Liability Insurers so as to prevent
meet health and safety issues in terms of
any possibility of later refusal of cover in the
reduction of risk and prevention of injury and
event of a claim being brought.
addressing H &S issues when they arise.
8. Keep abreast of legal changes and developments
3. Adopt a Health and Safety Policy
You can do this by reading relevant publications
If you have five or more employees it is a legal
and keeping a track on relevant industry
requirement to have in place a clear, concise
websites.
health and safety policy.
9. Internal Investigation –
4. Undertake a Risk Assessment
Each month Paul Dumbleton,
take photographs and take statements
A separate risk assessment should be put in to
If an incident does occur, you should obtain
Senior Director of Beech Jones de
place. To carry out a risk assessment you should
signed witness statements and photographs as
Lloyd solicitors, offers exclusive
take at least the following steps:
soon as possible.
• Identify all hazards which are present in any
legal advice to the readers of places in which any of your employees work;
10. Always Seek Early Advice –
Tomorrow’s Cleaning. This month,
Prevention is Better than Cure
• Determine which employees may be at risk of
If in any doubt, seek advice. If you have any
Paul looks at how to deal with
injury, and how;
concerns whatsoever about your health and
accidents in the workplace.
• Consider the risks and determine appropriate
safety procedures or any potential claim against
precautionary measures;
your business, you could seek advice from one
Tens of thousands of employees bring successful
of the following:
• Make a clear written record of the above
claims for compensation arising from workplace
• A solicitor
findings and ensure they are implemented;
injury (including psychological injury/stress, as
• Your Employer’s Liability Insurers.
well as physical injury) every year.
• Keep these records under regular review and
update as necessary.
• A Health and Safety Consultant.
In some circumstances injuries at work can result
in criminal prosecution, with the risk of hefty
5. Provide Free Health and Safety Training
The above tips are not intended as an exhaustive list
fines and in very serious cases - imprisonment.
for Workers
or a complete explanation. I strongly recommend
It is important (and a legal requirement) to
that you obtain further advice on each topic.
Here are my top ten ‘tips’ to give you piece of
consult with your workers over Health and Safety
mind and to ensure that you do what the law
This article is not intended to constitute legal
issues affecting their workplace.
requires of you.
advice, but to form guidance. It should not therefore
6. RIDDOR – The Reporting of Injuries, Diseases be relied upon as constituting legal advice. If in any
1. Take out Employers’ Liability Insurance
and Dangerous Occurrences Regulations 1995 doubt as to any of the issues raised in this article
All businesses are required to have in place
You have a legal duty to report accidents and you should seek advice from your solicitors.
insurance in respect of potential personal injury
illnesses at work to the HSE. Make a report, even
claims on the part of their employees. I strongly
If you have a question for Paul, email
if you are told by the HSE that you are not
recommend that you get cover that includes not
paul@beechjones.com and quote
required to report the particular incident in
only staff but also independent contractors.
Tomorrow’s Cleaning.
question. In particular, there is a duty to report
You must display a copy of the Certificate of work-related deaths, major injuries and ‘near www.beechjones.com
Insurance in a place where all employees can miss’ accidents. You should contact the HSE’s
easily read it. Incident Contact Centre on 0845 300 9923.
It is a further legal requirement to display the It is advisable to have a copy of the 1995
Health and Safety Executive’s (HSE) Health and Regulations (RIDDOR) available to consult at
Safety Law poster, copies of which can be all times.
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