Safety, Health and Welfare

EMPLOYERS HEALTH & SAFETY RESPONSIBILITIES

Employers have responsibilities for the health and safety of their employees. They are also responsible for any visitors to their premises such as customers, suppliers and the general public.

Risk assessments

Your employer has a 'duty of care' to ensure, as far as possible, your health, safety and welfare while you're at work. They should start with a risk assessment to spot possible health and safety hazards. They have to appoint a 'competent person' with health and safety responsibilities (usually one of the owners in smaller firms, or a member of staff trained in health and safety).

Businesses employing five or more people

For businesses employing five or more people, there must also be:

• an official record of what the assessment finds (your employer has to put plans in place to deal with the risks)
• a formal health and safety policy, including arrangements to protect your health and safety (you should be told what these are)

The employer's duty of care in practice

All employers, whatever the size of the business, must:

• make the workplace safe
• prevent risks to health
• ensure that plant and machinery is safe to use, and that safe working practices are set up and followed
• make sure that all materials are handled, stored and used safely
• provide adequate first aid facilities
• tell you about any potential hazards from the work you do, chemicals and other substances used by the firm, and give you information, instructions, training and supervision as needed
• set up emergency plans
• make sure that ventilation, temperature, lighting, and toilet, washing and rest facilities all meet health, safety and welfare requirements
• check that the right work equipment is provided and is properly used and regularly maintained
• prevent or control exposure to substances that may damage your health
• take precautions against the risks caused by flammable or explosive hazards, electrical equipment, noise and radiation
• avoid potentially dangerous work involving manual handling (and if it can't be avoided, take precautions to reduce the risk of injury)
• provide health supervision as needed
• provide protective clothing or equipment free of charge (if risks can't be removed or adequately controlled by any other means)
• ensure that the right warning signs are provided and looked after             
• report certain accidents, injuries, diseases and dangerous occurrences to either the Health and Safety Executive (HSE) or the local authority, depending on the type of business

Making the workplace safe and healthy

So that the work premises provide a safe and healthy place to work, your employer should:

• make sure that work places are properly ventilated, with clean and fresh air
• keep temperatures at a comfortable level (a minimum of 13 degrees C where the work involves physical activity; 16 degrees C for 'sedentary' work places (eg offices) - there's no maximum limit)
• light premises so that employees can work and move about safely
• keep the workplace and equipment clean
• ensure that workrooms are big enough to allow easy movement (at least 11 cubic meters per person)
• provide workstations to suit the employees and the work
• keep the workplace and equipment in good working order
• make floors, walk ways, stairs, roadways etc safe to use
• protect people from falling from height or into dangerous substances
• store things so they're unlikely to fall and cause injuries
• fit openable windows, doors and gates with safety devices if needed
• provide suitable washing facilities and clean drinking water
• if necessary, provide somewhere for employees to get changed and to store their own clothes
• set aside areas for rest breaks and to eat meals, including suitable facilities for pregnant women and nursing mothers
• let employees take appropriate rest breaks and their correct holiday entitlement
• make sure that employees who work alone, or off-site, can do so safely and healthily

What to do next

You also have responsibilities for your own health and safety at work. You can refuse to do something that is not safe without being threatened with disciplinary action. If you think your employer is not meeting their responsibilities, talk to them first. Your safety representative or a trade union official may be able to help you with this. As a last resort, you may need to report your employer to the Health and Safety Executive or to the environmental health department of your local authority.

If you are dismissed for refusing to undertake an unsafe working practice, you may have a right to claim unfair dismissal at an Employment Tribunal.

EMPLOYEES HEALTH & SAFETY RESPONSIBILITIES

Employers have legal obligations to ensure a safe and healthy workplace. As an employee, you have rights, and you have responsibilities for your own wellbeing and that of your colleagues. This article explains what these responsibilities are, and how you can meet them.

Your rights

Your rights as an employee to work in a safe and healthy environment are given to you by law, and generally can't be changed or removed by your employer. The most important rights are:

as far as possible, to have any risks to your health and safety properly controlled

to be provided, free of charge, with any personal protective and safety equipment

if you have reasonable concerns about your safety, to stop work and leave your work area, without being disciplined

to tell your employer about any health and safety concerns you have

to get in touch with the Health and Safety Executive (HSE), in Northern Ireland the Health and Safety Executive for Northern Ireland (HSENI), or your local authority if your employer won't listen to your concerns, without being disciplined

to have rest breaks during the working day, to have time off from work during the working week, and to have annual paid holiday

Your responsibilities

Your most important responsibilities as an employee are:

• to take reasonable care of your own health and safety
• if possible avoid wearing jewellery or loose clothing if operating machinery
• if you have long hair or wear a headscarf, make sure it's tucked out of the way (it could get caught in machinery)
• to take reasonable care not to put other people - fellow employees and members of the public - at risk by what you do or don't do in the course of your work
• to co-operate with your employer, making sure you get proper training and you understand and follow the company's health and safety policies
• not to interfere with or misuse anything that's been provided for your health, safety or welfare
• to report any injuries, strains or illnesses you suffer as a result of doing your job (your employer may need to change the way you work)
• to tell your employer if something happens that might affect your ability to work (eg becoming pregnant or suffering an injury). Because your employer has a legal responsibility for your health and safety, they may need to suspend you while they find a solution to the problem, but you will normally be paid if this happens
• if you drive or operate machinery, to tell your employer if you take medication that makes you drowsy - they should temporarily move you to another job if they have one for you to do.

Personal protective equipment

Your employer must provide personal protective equipment (PPE) to you free of charge. You must use this correctly, and follow the training and instruction you've been given.

In some jobs, failure to use PPE properly can be grounds for disciplinary action or even dismissal. However, you can refuse to wear PPE if it puts your safety at risk (eg PPE of the wrong size could put you at risk because of its poor fit). Ask your employer or the firm's safety representative for the right size (which must be provided free of charge).

Sikhs who wear turbans can legally refuse to wear head protection on religious grounds, but Sikhs who don't wear turbans must wear head protection.

If you have concerns about health and safety at work

You should first of all discuss your concerns with your employer or immediate boss. Your company may have a safety representative, who might be your first point of contact. If you have an employee representative, such as a trade union official, they may be able to help you.

Your employer must not expose you to avoidable risks at work, and if you have pointed out risks without getting an answer, you can get confidential information from the HSE's InfoLine on 08453 450 055 (open 8.00 am to 6.00 pm, Monday to Friday), or in Northern Ireland HSENI's Freephone helpline 0800 0320 121 (open 9.00 am to 5.00 pm, Monday to Friday).

As a last resort, you can get in touch with the authority responsible for enforcing health and safety in your workplace (either the HSE, HSENI in Northern Ireland, or your local authority). Health and safety inspectors have powers to enforce the law.

If you take this course of action, your employer must not discipline you or put you at a disadvantage in your job (eg by not paying you for the time you refused to work because of unsafe conditions, passing you over for promotion, etc).