Health and safety laws in the UK are primarily governed by the Health and Safety at Work etc. Act 1974 (HSWA). This act outlines the broad duties employers hold to ensure the health, safety, and welfare of employees and anyone affected by their work activities. It encompasses responsibilities like providing safe work environments, equipment, and systems, as well as necessary information, training, and supervision.

Management of Health and Safety at Work Regulations 1999

This set of regulations builds upon the HSWA, emphasizing the need for employers to conduct risk assessments, implement control measures, and have plans and procedures in place to effectively manage health and safety.

Other Important Regulations

Several other sector-specific or risk-focused regulations further define health and safety obligations across various industries. Some prominent examples include:

• The Control of Substances Hazardous to Health Regulations 2002 (COSHH): Provides guidelines to prevent or control exposure to hazardous substances in the workplace.
• Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR): Requires reporting specific workplace injuries, diseases, and dangerous incidents to the Health and Safety Executive (HSE).
• Provision and Use of Work Equipment Regulations 1998 (PUWER): Covers the suitability, maintenance, and safe use of work equipment.
• Workplace (Health, Safety and Welfare) Regulations 1992: Focuses on essential workplace facilities like ventilation, temperature, lighting, cleanliness, workstations, and rest areas.

Employers' Duties

Under UK health and safety law, employers have an extensive set of responsibilities, including:

• Provision of a Safe Workplace: Employers must ensure, so far as is reasonably practicable, that workplaces are safe and without risks to health. This includes safe premises, equipment, means of access and egress, and work systems.
• Risk Assessments: Employers must conduct systematic risk assessments to identify potential hazards and implement proportionate control measures.
• Information, Instruction, and Training: Clear information, instruction, and adequate training must be provided to employees to enable them to work safely and without risks to their health.
• Health Surveillance: Where exposure to health risks is identified, suitable health surveillance may need to be provided to employees.
• Consultation with Employees: Employers must consult with employees or their representatives regarding health and safety matters.

Employees' Duties

Employees also play a vital role in upholding health and safety standards. The HSWA outlines their responsibilities:

• Taking Reasonable Care: Employees must take reasonable care of their own and others' health and safety affected by their actions or omissions.
• Cooperating with Employers: Employees should cooperate with employers in fulfilling health and safety duties.
• Correct Use of Equipment: Adhere to the correct use of any equipment or safety devices provided.

Enforcement

The Health and Safety Executive (HSE) is the primary enforcement body for health and safety laws in Great Britain. They possess investigative powers and can issue improvement or prohibition notices, or initiate prosecution for significant breaches. Local authorities are also involved in health and safety enforcement, often focusing on specific sectors like retail and leisure.

Occupational health and safety (OHS) is a multidisciplinary field concerned with the safety, health, and welfare of people at work. It involves creating organized efforts and procedures for identifying workplace hazards and reducing accidents and exposure to harmful situations and substances. It also includes training of personnel in accident prevention, accident response, emergency preparedness, and use of protective clothing and equipment.

Key Aspects of Occupational Health and Safety

Risk Assessments

Employers must systematically identify hazards within the workplace, assess the level of risk they pose and implement control measures to mitigate those risks. Risk assessments must be regularly reviewed and updated.

Safe Workplace and Equipment

Employers are required to provide and maintain a safe working environment, including safe work equipment that is regularly inspected and maintained.

Information, Instruction, and Training

Employers must provide clear information, instruction, and training to employees on workplace hazards and the control measures in place. This training must be tailored to the specific job roles and the risks employees may encounter.

Consultation and Participation

Employers should consult with employees on OHS matters and encourage their participation in identifying and managing risks. This might involve safety committees or appointing worker safety representatives.

Emergency Procedures

Employers must develop and implement emergency procedures, including first aid provision and evacuation plans. Employees should be made aware of these procedures.

Specific Areas of OHS

Workplace Hazards

Employers must address common hazards like manual handling, work at height, slips, trips, and falls, noise, and hazardous substances. Measures to minimize risks through training, use of equipment, and workplace design should be implemented.

Display Screen Equipment (DSE)

Employers must conduct DSE workstation assessments, provide suitable equipment, and encourage regular breaks.

Asbestos

Employers are required to identify asbestos, manage in-situ or arrange for safe removal by licensed contractors.

Fire Safety

Employers must implement fire prevention measures, provide escape routes, and conduct fire drills.

Mental Health and Wellbeing

Employers should promote a positive working environment, address work-related stress, and provide support mechanisms for employees.

Workplace inspections are a crucial component in maintaining a safe and healthy work environment. They serve to proactively identify potential hazards, assess the effectiveness of existing safety measures, ensure regulatory compliance, and foster a culture of continuous safety improvement.

Individuals Responsible for Workplace Inspections

Workplace inspections can be carried out by various individuals or entities. These include employers and managers, who have a primary responsibility to ensure a safe workplace. Health and Safety Representatives, appointed by recognized trade unions, also have legal rights to conduct inspections. Health and Safety Executive (HSE) Inspectors may carry out either announced or unannounced inspections to enforce compliance. Additionally, companies can engage external specialists or health and safety consultants for in-depth or specialized inspections.

Procedure for Workplace Inspections

A typical workplace inspection procedure involves several steps:

1. Planning: This includes defining the scope of the inspection, creating or using a standard inspection checklist, and informing relevant personnel about the inspection.
2. Conducting the Inspection: This involves a thorough examination of the workplace, including equipment, processes, and work practices. Workers should also be consulted about their concerns, and findings should be documented.
3. Reporting: A report should be created that highlights hazards, non-compliance issues, and recommended corrective actions. Deadlines for rectifying problems should be set, and the report should be distributed to management, relevant workers, and health and safety representatives.
4. Follow-up and Review: This involves tracking the implementation of corrective actions, verifying that hazards have been properly addressed, and reviewing inspection findings to improve future inspections and safety protocols.

Criteria for Workplace Inspections

Workplace inspections typically examine all aspects of workplace safety. Common areas of focus include work equipment, the work environment, hazardous substances, fire safety, first aid provisions, manual handling practices, the availability and correct use of Personal Protective Equipment (PPE), and the currency and accuracy of risk assessments.

Frequency of Workplace Inspections

The frequency of workplace inspections is not legally mandated and depends on factors such as the level of risk, changes in processes or equipment, and the workplace's incident history. High-risk workplaces, those that have undergone significant changes, or those with a history of accidents or incidents may require more frequent inspections.

Post-Inspection Actions

The findings from inspections must be acted upon to effect meaningful improvements. Employers are responsible for acting on identified hazards, implementing recommendations from the inspection report, and ensuring that workers understand any changes in procedures or expectations.

Workplace accidents in the UK are addressed promptly and affected workers receive appropriate support through established frameworks.

H3 Reporting Requirements

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) mandate the reporting of certain work-related accidents and incidents to the enforcing authorities. These include work-related deaths, specified serious injuries such as fractures and amputations, over-seven-day incapacitation, and dangerous occurrences. Employers are legally responsible for reporting these incidents to the Health and Safety Executive (HSE) or other relevant enforcing authorities, usually within 10 days (or 15 days for over-seven-day incapacitation). Employers must also maintain an accident book to record details of any work-related injury, even if not reportable under RIDDOR.

H3 Investigation Processes

Employers are required to thoroughly investigate workplace accidents to identify root causes, prevent recurrence, and determine if RIDDOR reporting is necessary. The HSE may also conduct investigations, particularly in cases of serious accidents or fatalities, focusing on regulatory breaches and potential enforcement actions.

H3 Compensation Claims

Most UK employers are required to have Employer's Liability Insurance. Injured workers can make a claim against this insurance policy, regardless of fault. To be successful with a claim, the worker usually needs to prove the employer was negligent (breached their duty of care). There is generally a 3-year time limit from the date of the accident to initiate a compensation claim.

H3 Key Considerations

Immediate medical attention for the injured person should be prioritized. The accident scene should be secured to facilitate the investigation. Legal counsel should be sought, especially for complex or severe injuries, to understand rights and claim processes.