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do health and safety laws apply to me?

Yes to all businesses, however small; also to the self-employed and to employees.

do i need to register my business?

If you are a new business you will need to register either with the Health and Safety Executive (HSE) or your Local Authority - depending on the sort of business you have.

who enforces health and safety law?

Inspectors from the Health and Safety Executive (HSE) or your local authority. Generally HSE enforces safety at factories, farms and building sites; local authorities in offices, shops, hotels and catering, and leisure activities.

what if i am unsure what to do?

If you are uncertain whether you need to register or notify HSE or your local authority about the type of work you are doing, contact HSE’s confidential InfoLine on 0845 345 0055 or the Environmental Health Department of your Local Authority.

when can inspectors visit?

A health and safety inspector may visit any workplace, any time, with or without giving notice. Often inspections are routine and you will be notified before hand (an awareness or workplace contact officer may also visit to give help and advice) but you do need to know how to be prepared and what to expect.

what do inspectors do?

They visit workplaces to check that people are sticking to the rules. They investigate some accidents and complaints but mainly they help you to understand what you need to do. Inspectors check you comply with the law and help you meet your legal duties. They will give advice on specific hazards, answer technical questions and generally advise. The inspector will inspect the workplace and the work activities, check you have a valid Employers’ Liability insurance certificate and check you have adequate welfare facilities for eating, resting and sanitation. In addition the inspector will look at your management of health and safety and whether you are complying with the law. They may speak in private with your employees or their representatives (e.g. fire safety officers).

what paperwork should i provide?

• Your health and safety policy (see Duport’s separate guide on how to create one).
• Risk assessments (see Duport’s risk assessment guide)
• Records of equipment inspections which are required by law (including lifting equipment, pressurised systems or local exhaust ventilation to control exposure to substances used at work.)
• Any written safe working methods
• Any records of health and safety training carried out
• A valid Employers’ Liability insurance certificate.

what powers do health and safety inspector’s have?

Inspectors can visit any time. Whatever the reason for a visit inspectors have authority to:

• Examine and investigate, take measurements, samples and photographs.
• Take possession of an article and arrange for it to be tested or dismantled.
• Seize and make safe anything that could cause serious personal injury.
• Request information and take statements

Depending on what the inspector finds - if they think you are breaking the law or your activities pose a serious risk - they can either issue an informal warning, verbally or in writing, issue and improvement notice or prohibition notice, or even prosecute the company or individuals.

what are health and safety awareness officers?

Health and safety awareness offices (often known as workplace contact officers) also visit and are specially trained to support and give advice, information and guidance. They do not visit without consent, but do have certain powers.

what happens if i am breaking the law?

You will be told what the problem is and how to fix it so you comply with the law. You could be issued an informal warning, an improvement notice or prohibition notice. In serious cases you may be prosecuted. H&S awareness offices may support you and give advice and help. You may be given a brief report, or they may follow up any verbal advice in writing. Understand the difference between legal requirements (which you must follow) and best practice (which is for guidance). You are not obliged to follow inspection advice, but do legally have to adhere to an improvement notice or prohibition notice.

what is an improvement notice?

If you have been issued with an improvement notice, it means you are probably breaking H&S law and there may be a serious risk to people. The improvement notice will:

• Specify the breach of law
• Say what needs to be done and why
• Give you a period of time in which to comply.( minimum 21 days)

You can appeal if you think the notice is unfair and will be given advice on this.

Discuss the notice with the officer who visited. You may feel you need longer to comply. Remember if you as a director or manager are in breach you could be held accountable in court.

what is a prohibition notices

Prohibition notices are very serious. It means there is a risk of serious personal injury. If you get an H&S prohibition notice you will normally have to stop that activity immediately otherwise you will be prosecuted. The notice will explain what the risk is and probably whether a law is being breached and what you need to do to reduce or control the risk.

where are details about enforcement notices published?

Enforcement notices (improvement and prohibition), and prosecutions are published online (for five years). See HSE website. You have time to appeal before they are published.

how can i appeal against a notice?

If you are given an improvement or prohibition notice your right to appeal will be explained in writing with the actual notice. If you appeal against an improvement the notice will be suspended until your appeal is heard. If you appeal against a prohibition notice, the notice stays in force until after you appeal.

what happens if i do not comply with a notice?

You will be fined, and in some cases the owners or directors (for incorporated businesses) could face a prison sentence.

do i have to contact an inspector to get information?

No. HSE operates a confidential telephone information service called InfoLine, which is open Mon-Fri between 8am and 6pm. You can contact InfoLine by telephone 0845 345 0055 or fax 02920 859260, or e mail - hse.infoline@natbrit.com. Alternatively you can write to HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG. www.hse.gov.uk

There are also Workplace Contact Officers (WCOs) who can visit your business to provide you with information, guidance and advice. They also collect information about your business which will be used solely by HSE in any further contact with you. WCOs are not health and safety inspectors, they will not give advice on technical matters or express an opinion on compliance with the law.

what happens if my business is involved with hazardous substances?

If you work with certain hazardous substances, such as asbestos or explosives, or in a hazardous industry such as construction or diving, you may also need to apply for a licence before your business starts to operate; or notify HSE or your Local Authority that you are starting certain specific activities. If you are already operating a business, you may also need to notify HSE or your Local Authority if you start certain specific activities.

how can i get help and advice?

HSE operates a confidential telephone information service called InfoLine, which is open Mon-Fri between 8am and 6pm. You can contact InfoLine by telephone 0845 345 0055, or e mail - hse.infoline@natbrit.com. Or write to HSE Information Services, Caerphilly Business Park, Caerphilly CF83 3GG.

There are also Workplace Contact Officers (WCOs) who can visit your business to provide you with information, guidance and advice. They also collect information about your business which will be used solely by HSE in any further contact with you. WCOs are not health and safety inspectors, they will not give advice on technical matters or express an opinion on compliance with the law.

do i need to have employers' liability compulsory insurance?

Yes, it's the law if you employ anyone - and you should display the certificate in the workplace.

do i need to display any posters, signs or notices?

Yes, the health and safety law poster (ISBN 0 7176 2493 5) if you employ anyone. Alternatively you can provide your employees with individual copies of the same information in a leaflet called ‘Your Health and Safety - a guide for workers’. The poster and leaflet are available from HSE Books.

You must also clearly display no smoking signs at the entrance to your premises and in vehicles used by more than one employee. Of course you must also display your certificate of employers’ liability insurance. In addition you must put up signs if there are any hazards or risks, e.g. moving forklift trucks, dangerous pipework etc.

do i have to report injuries at work?

Yes and other incidents. You need to know which accidents and ill health cases to report, including who should do it, when and how. Employers, the self-employed and people in control of work premises all have duties.

what is a health and safety policy?

A health and safety policy means the health and safety arrangements i.e. the effective planning, organisation, control, monitoring and review of the preventative and protective measures. If there are 5 or more employees these arrangements must be recorded. If there are less than 5 employees the appropriate arrangements still need to be in place.

when do I need a written health and safety policy?

If there are 5 or more employees. Even if you have fewer you still need to have the appropriate arrangements in place.

what is meant by ‘hazard’ and ‘risk’?

A hazard means anything that can cause harm (e.g. chemicals, electricity, working at height, machinery, etc). Risk is the chance, high or low, that somebody will be harmed by the hazard.

i will be hiring temps or agency workers, what do i need to consider?

If you hire temps or agency workers, you must tell the employment business (agency) hiring them to you about risks to the worker’s health and safety and steps you have taken to control them; any necessary legal or professional qualifications or skills; and any necessary health surveillance. The employment business/agency should pass this information on to the worker in a way that he/she can clearly understand, and you must ensure the worker has received and understood it.

do i have to provide my employees with protective equipment?

Personal protective equipment is to be supplied and used at work wherever there are risks to health and safety that cannot be adequately controlled in other ways.

do i need to display safety signs in the workplace?

Wherever there is a risk that has not been avoided or controlled by other means e.g. by engineering controls and safe systems of work employers are required to provide specific safety signs. Where a safety sign would not help to reduce that risk, or where the risk is not significant, there is no need to provide a sign.

what happens if people work alone?

It is the employer’s duty to assess risks to lone workers and take steps to avoid or control risk where necessary. Employees have responsibility to take reasonable care of themselves and other people affected by their work and to co-operate with their employers in meeting their legal requirements.

do health and safety regulations apply to people who work from home?

Yes. Employers are required to do a risk assessment of the work activities carried out by home workers

will i be prosecuted for h&s failure?

Generally H&S inspectors want you to comply with the law and will offer helpful advice. Prosecution is more likely when someone has been killed, or there is a serious injury, or repeated poor compliance. Prosecutions also occur if work has been carried out without a licence where one is needed or the terms of the licence have been breached. Prosecutions may also follow work carried out without a safety case, safety management falls far below that expected and causes significant risk or there has been intent to deceive. In addition failure to comply with an improvement notice or prohibition notice, or intentional obstruction of inspectors will also result in prosecution.

what are the penalties for h&s non compliance?

Penalties depend on the offence. Owners and directors of unincorporated businesses who fail to comply with an improvement or prohibition notice will be given a maximum £20,000 fine and/or six months imprisonment. Incorporated business owners face an unlimited fine and/or two years imprisonment. It is up to the police to decide if a work incident is so serious it warrants investigation of manslaughter, or grievous bodily harm charges. Scotland and Northern Ireland have different arrangements.

where can i get help online?

www.hse.gov.uk

Heather Harrison is a highly regarded member of the Duport team. Her thorough knowledge of small businesses, combined with her talents developed during a career as a well respected journalist, make her articles very popular with our readers. Heather has worked on a variety of weekly and monthly magazines, both in the consumer and business press.