HEALTH & SAFETY

Every employer with 5 or more employees is required to maintain a “written statement of his general policy with respect to health and safety at work … and to bring the statement and any revision of it to the notice of all his employees” – s. 2(3) Health and Safety at Work Act 1974. Whilst this rule applies for employers with 5 or more employees, there are general requirements that apply in all situations:

·          An employer must provide an approved leaflet (health and safety law poster) which is reasonably accessible to all employees

·          An employer must provide such information, instruction, training and supervision as is necessary (with reasonableness requirements) to protect the health and safety at work of his employees

·          An employer must carry out a risk assessment to identify measures required to ensure the health and safety of his employees

·          An employer must establish and give effect to appropriate procedures to be followed in the event of serious and imminent danger to employees e.g. fire drills

Likewise every employee has a statutory duty to ensure, so far as is reasonably practicable, the health and safety at work of his fellow employees i.e. to take care to protect other employees from any harm that may occur as a result of that employee’s acts or omissions.

Criminal sanctions can follow for breaches of this legislation although more commonly fines are imposed. It should be noted that fines can be imposed even where no harm has actually occurred but has the potential of occurring.