The Health and Safety at Work Act 1974 requires employers, as far as is reasonably practicable, to ensure health and safety at the workplace. Under the act, employers are obliged to ensure that any potential work-related risks to health and safety are eliminated or controlled.
Employers with more than five employees are required to draw up a health and safety policy statement setting out how they propose to manage health and safety in their organisation.
Management of Health and Safety at Work Regulations 1999 require employers to consider potential health and safety risks and to carry out a risk assessment to determine the exposure of employees to reasonably foreseeable risks including work-related violence.
Companies with 5 or more employees must record the findings and identify any groups of employees, especially at risk. Employers are also required to appoint competent employees, provide safety information, set up emergency procedures, and work together with employees that share the same workplace.
The Health and Safety Executive in the UK enforces health and safety laws in industrial workplaces and more than 400 local authorities enforce regulations in commercial workplaces. The HSE was set up under The Health and Safety at Work Act which contains powers for the HSE to enforce employer duties and the penalties that exist for non-compliance.
The Act lays sets out the duties of employers to ensure the health and safety of everyone on the premises including permanent employees, temps, casual workers, self-employed workers, as well as clients, visitors, and the general public so far as is “reasonably practicable”.
The Act allows the government to issue guidance, regulations, and Approved Codes of Practice that set out the detailed responsibilities for employers in every aspect of health and safety in the workplace including stress, working with computers and working with hazardous chemicals.
The legal rights of employees are set out in a range of legal rights and legislation. The main health and safety laws include:
• The Health and Safety at Work Act 1974 sets out the statutory duties of an employer
• Guidance, regulations, and ACOPs (Approved Codes of Practice) under this Act that employers have to comply with
• Employment Rights legislation that set out employment protection rights
• Common-law rights which set out the basic legal obligations of an employer
• Company procedures, employment contracts, and staff handbooks
The legislation covers all work practices and employers are required to make every effort to protect employees from injury and ill health at the workplace.
David Philip Harris is a recognised employment solicitor with over 10 years of experience in advising employees and employers on employment law matters. He is a frequent contributor to BBC Radio Berkshire and People Management Magazine. David has represented individual and corporate clients in the employment tribunal as well as the High Court and County Court. David is a member of The Law Society and The Employment Lawyers Association (ELA UK). To contact David, visit the Contact Us page. For media enquiries: info@dphlegal.com.