Back to basics – What are my legal obligations as an employer?

Wednesday September 6, 2023

In our blog, we’ll often focus on specific, topical areas of health and safety. From limiting the effects of hot weather to ensuring electrical installations are correctly installed, there are countless ways for employers to look out for the safety of their staff and customers. These details are important, but so are the fundamentals.

While some health and safety legislation is being left to interpretation, there are a few hard and fast rules that every employer must follow. You may well already be familiar with these, but it never hurts to refresh your memory; and if you are new to business it is important to get up to speed quickly. So here are six legal obligations that every employer needs to know.

 

One – Prepare a health and safety policy

Every business with more than five employees is required to have a written health and safety policy. This should set out your general approach to H&S, as well as going into the specifics of how you will achieve your aims. A good H&S policy will be split into three parts:

  1. A statement of intent setting out your commitment to health and safety. This should be reviewed regularly and signed by the employer.
  2. A list of the names and job titles of the people in your business who are responsible for health and safety.
  3. Details of the steps you will take to honour your commitments. These could include carrying out risk assessments, holding regular training courses and providing adequate safety equipment.

 

Two – Carry out a fire risk assessment

A fire risk assessment is a legal requirement for every employer. To make this as effective as possible, you should follow these five steps:

  1. Identify the fire hazards. Consider sources of ignition such as electrical equipment and smoking areas, and flammable materials such as paper, wood and packing materials.
  2. Identify the people at risk, paying special attention to elderly, disabled and lone workers.
  3. Evaluate the risk and list your safety measures. These could include testing fire alarms and fire doors, planning escape routes, providing fire safety training and separating flammable materials from sources of ignition.
  4. Record your findings and create an action plan. Make sure that all staff understand what to do in the event of a fire, and perform regular fire drills.
  5. Review your risk assessment frequently and update it if anything changes. If you have a fire or near miss, carry out a new risk assessment immediately.

 

Three – Provide first aid equipment and keep an accident book

The Health and Safety (First-Aid) Regulations 1981 require every workplace to have a first aid kit. The exact contents are up to you, but the following should be included as a minimum:

  • · A first aid guidance leaflet
  • · Individually wrapped sterile plasters
  • · Triangular bandages
  • · Sterile eye pads
  • · Sterile wound dressings of various sizes
  • · Safety pins
  • · Disposable gloves

Employers with ten or more employees are also required to record details of all accidents and injuries. Serious injuries must be reported under RIDDOR, but even minor accidents should be recorded. It’s up to you how you do this, but the easiest way is to keep an accident book.

Four – Take out Employer’s Liability insurance

Employer’s Liability (EL) insurance covers you for compensation in the event of an employee injury. It’s important to take out EL as soon as you become an employer, as you can be fined up to £2,500 a day for insufficient cover. Your policy must come from an authorised insurer and cover at least £5 million worth of claims.

 

Five – Display the H&S law poster

Even if you only have one employee, the law requires you to display the HSE health and safety law poster or provide each employee with the equivalent leaflet. This gives an overview of UK health and safety legislation, and explains the duties of employers and employees. The poster should be displayed in a prominent location.

 

Six – Conduct an asbestos survey

If your workplace was built before 2000, you are legally required to conduct an asbestos survey. This should be carried out by a trained professional, and include the following actions:

  • Take reasonable steps to identify asbestos and, if any is found, record its location and condition
  • Assess the risk of exposure
  • Prepare a plan for managing the risk and take the necessary steps to enact it
  • Regularly review the plan and update it if anything changes

 

A simple way to take care of all these health and safety obligations

Falling short of these obligations can cost you dearly, both financially and in terms of your reputation. If you have any questions about health and safety law, we’re always happy to help. We can provide a one-stop-shop outsourced service at a fraction of the cost of hiring a full-time professional. Or if you are considering doing it all yourself, you will save time and get it right first time by using our service.

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