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Deborah Williams CMIOSH RMaPS at Compass Ltd. Deborah specialises in assisting private sector organisations within the construction, waste management and extractive industries.


01257 482256 | dwilliams@compass-ms.co.uk HEALTH & SAFETY


Health and Safety: the basics


OVER the next few months, I will provide an overview of the basics of UK health and safety legislation and what employers must do to comply with this.


Health and safety policy


The law says that every business must have a policy for managing health and safety, which sets out the employer’s general approach to the issue. It should clearly say who does what, when and how.


The legal requirement to write a policy is included in the Health and Safety at Work etc Act, and the steps the employer must take to manage it is explained in The Management of Health and Safety at Work Regulations.


A company's health and safety policy does not need to be a long-winded document containing little-heard-of legislation. However, if there are five or more employees, the employer must write the policy down. Even in businesses with fewer than five employees, it is useful to do so.


The policy should be shared with employees and possibly other stakeholders.


The health and safety policy should cover three areas:


1: Statement of intent


State the general policy on health and safety at work, including commitment to managing health and safety and the company’s aims. The employer or most senior person in the company should sign it and review it regularly.


2: Responsibilities for health and safety List the names, positions and roles of the people in the business who have specific responsibilities for health and safety.


48


The competent person could be: • the employer; • one or more of the employees; • someone from outside the business (eg, a consultant); or


• a combination of the above.


If someone within a workforce is competent, it is a good idea to use them rather than someone from outside the business - you know your workplace and


3: Arrangements for health and safety Give details of the practical arrangements in place, showing how the company will achieve the health and safety policy aims. This could include, for example, doing a risk assessment, training employees and using safety signs or equipment.


Insurance


If a business has employees, employers' liability insurance will probably be required. If an employee is injured or becomes ill as a result of the work they do, they can claim compensation. If a court finds that the employer is liable, employers’ liability insurance will help them to pay it.


Only a few businesses are not required to have employers' liability insurance. Those with no employees, or family businesses where all employees are closely related, may not need it.


Competent person(s) Employers must use someone competent to help them meet their health and safety duties. It’s not essential for them to have formal qualifications and they’re not required by law to have formal training. But whoever they choose should have the skills, knowledge and experience to manage health and safety.


the risks associated with it best.


However, if the business is large, complex or high risk and the organisation doesn’t have the competence to manage health and safety in-house, the employer can get help and advice from someone outside. But remember, as the employer, managing health and safety will still be your legal duty.


The Health and Safety Executive (HSE) recommend that consultants from the Occupational Safety and Health Consultants Register (OSHCR) are used to offer general advice to UK businesses to help them manage health and safety risks.


The OSHCR is a register of consultants who: • are certified professionals who have a status recognised by their professional body;


• have valid insurance; and • are up to date on the latest standards and developments.


If you need advice or would like to speak to a consultant, please email Debbie Williams from Compass at dwilliams@compass-ms.co.uk who are proud to be members of the OSHCR.


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