OVERVIEW
Health and safety is a complex area of law which not only has its own legal specialism, but also filters into many other areas of law, including employment.
Health and safety in the workplace involves two different branches of the law—criminal law and civil law. The interplay between the two areas, including the compliance issues and main obligations as set out in the Health and Safety at Work Act 1974 (HSWA 1974).
Health and safety regulations applies, with a few exceptions, to everyone ‘at work’, namely: (1) employers (2) the self-employed (limited, since 1 October 2015, to those who conduct an undertaking of ‘a prescribed description’) and (3) employees.
This legal framework imposes strict legal duties to each participant in order to ensure the health and safety at work of employees and non-employees is observed. its aim is to eliminate or avoid any health and safety risks at work.
There are numerous duties imposed on directors in relation to health and safety at work and such persons can be liable to commit health and safety offences in their personal capacity.
Employers have a legal duty to put in place suitable arrangements to manage health and safety at work in order to control health and safety risks.
As a minimum, the processes and procedures required to meet the legal requirements should include:
• introducing and maintaining an effective health and safety policy (which must be in writing if the employer has five or more employees);
• conducting health and safety risk assessments;
• formulating a health and safety plan;
• identifying key staff responsible;
• providing access to competent health and safety advice;
• providing employees with information about the workplace risks and how they are protected;
• providing instruction and training for employees in how to deal with the risks;
• ensuring adequate and appropriate supervision;
• consulting with employees about their risks at work and current preventive and protective measures.
Every employer and self-employed person is required to make a ‘suitable and sufficient’ assessment of the health and safety risks arising out of their work, in order to identify what needs to be done to control such risks.
Failure to comply with health and safety duties can attract civil and/or criminal liability with severe consequences upon such persons.
Our Health and safety lawyers advise on compliance with health and safety regulations and provide training, helping our Clients navigate this intricate and complex area of law, as well as minimise and eliminate health and safety at work risks.
For enquiries related to our legal services, please do not hesitate to contact us.
OUR AREAS OF WORK INCLUDE:
• advice on compliance with the complex regulatory framework for health and safety;
• advice on appropriate risk management procedures;
• health and safety policies;
• health and safety risk assessments and plans;
• training for corporate clients on risk management, health and safety law updates, and directors’ duties.