News

Health Matters

16 November 2006

In the first of a new 5 part series Carole Firman explains how operators can keep their Health & Safety policies under control. Every working day in Great Britain at least one person is killed and over 6000 are injured at work. Every year three-quarters of a million people take time off work because of what they regard as work-related illness. This can have major implications on companies for several reasons, in addition to the costs of personal injuries, far greater costs are often incurred  from damage to property or equipment, and lost production.

Most employers must have liability insurance. This normally covers injuries and ill health to employees. Employers insurance policies only cover a small proportion of the costs of accidents and often don't cover: sick pay overtime working and temporary labour accident investigation time and fines. Remember directors and managers can be held personally responsible for failures to control health and safety. Can you therefore afford such health and safety failures? Do you really manage health and safety? If an accident occurs, you, your systems, procedures, and employees will come under scrutiny. Will they stand up to examination?

Health and Safety covers all employers no matter how small including the self-employed. Employees also have a duty under health and safety to take reasonable care. So where does one start to ensure that they are complying with the legal requirements? The Health & Safety At Work Act  1974 - It ensures the safety of not only your own employees but the safety of others including contractors and members of the public. Employers have to ensure, as far as is reasonably practicable, the health, safety and welfare both of their employees, any other people who may use or have access to the workplace.

Appointing 'one or more competent persons' to help you comply with your duties under health and safety law will assist you in preventing accidents at work. Health and safety duties cover a wide range of issues, such as identifying hazards and assessing risks, preparing health and safety policy statements, introducing risk control measures, providing adequate training and assessing the effects of work on employee health. It is good sense to involve employees and their representatives in identifying problems and seeking solutions. They will know best where the challenges lie and problem areas exist. This often leads to practical suggestions and options to tackle the issue.

Managing Health & Safety- There are five steps set a health and safety policy, organise your staff, plan and set standards, measure your performance, and audit and review. Health & Safety Policy - All businesses who employ over 5 employees must have a written health and safety policy. This sets out how employers manage health and safety within their organisation, who does what, when and how. The policy should influence all activities, including the selection of people, equipment and materials, the way in which work is carried out, and the provision of goods and services. The tasks can be delegated if necessary for example, the reporting of accidents, first aid etc. The delegated person's name must appear next to the delegated.

A written policy statement including the organisation and arrangements for implementing and monitoring shows staff, and anyone else, that 'hazards' have been identified and the 'risks' assessed, eliminated or controlled. Staff Organisation - Staff involvement and their commitment is essential to ensuring that the health and safety policy is effective. Organising employees covers four areas:

  1. Competence which involves recruitment, training and advisory support.
  2. Control i.e. allocating responsibilities, securing commitment, instruction and supervision.
  3. Co-operation between individuals and groups.
  4. Communication whether spoken, written and visible.

Ensuring competence means assessing the skills required to conduct tasks safely and ensuring these are adequately met. Control means leading by example, demonstrating commitment and providing clear direction, ensuring everyone knows that health and safety is important. Co-operation is achieved by consulting staff and their representatives, involving them in planning and reviewing procedures and solving problems. Provide information about hazards, risks and preventative measures to employees and contractors. Discuss health and safety regularly with your employees or their representatives to ensure methods and ideas are up to date and effective.

Next time: a look at setting standards and performance assessment.

  • Carole Firman is a barrister specialising in Health, Safety and Environmental Litigation at law firm Berrymans Lace Mawer.





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