Questions

 

What is Health and Safety all about? Preventing people from being harmed by work or becoming ill by taking the right precautions and providing a satisfactory working environment.

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Why are there health and safety laws? Because health and safety at work is so important, there are rules which require all of us not to put ourselves or others in danger. The law is also there to protect the public from workplace dangers.

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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.

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What do inspectors actually do? They visit workplaces to check that people are sticking to the rules. They investigate accidents and complaints. They enforce the law when something is wrong.

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What is an EHO? An EHO is an Environmental Health Officer, they work for your local council and have legal powers under section 20 of the Health and Safety at Work Act 1974.

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Do I need to let an "inspector" in to my premises? Yes, under the Health and Safety at Work Act 1974. If you refuse they can ask the police to assist them again entry.

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Do I need to display any posters? Yes, the health and safety law poster (ISBN 0717624935) if you employ anyone. Alternatively you can provide your employees with individual copies of the same information in a free leaflet called ''Health and safety law - What you should know'.

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Eyesight Tests 'Users' of Display Screen Equipment (DSE) should be provided with appropriate eye and eyesight tests at their request. The employer must meet the costs of tests and of any special corrective appliances prescribed to adjust visual quality at the DSE viewing distance.

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Who Inspects Me?

Relevant enforcing authorities,  is the environmental health department of your local authority if your business is:


· Office based;

· Retail or Wholesale;

· Warehousing;

· Hotel and Catering;

· Sports or Leisure;

· Residential accommodation, excluding Nursing Homes,

· concerned with Places of Worship

· Pre-School Child Care

· Mobile Vending

For all other types of business it will be the Health and Safety Executive.

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What minimum workspace requirement are there? 11m3 (36.3 sq ft) per person

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Minimum Workplace Temperature? 13oC (where the work requires physical exertion).
16oC (where a substantial proportion of work is done sitting down, i.e. not involving physical exertion).

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Maximum Workplace Temperature? There is no legal maximum temperature but a comfort range between 18oC and 23oC should be adequate. But you have to look at the type of work you do, i.e. you will want your work place cooler if a substantial proportion of work involves physical exertion.

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Do I need Employers Liability Insurance? Yes, by law all employers must have employers liability insurance. Regardless of the number of employees you have.

You must keep a copy of your certificate of insurance for 40 years, from the date of expiry.

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Do I need a written Health and Safety Policy? By law you do require one, if five or more persons are employed.

A written health and safety policy is a good idea regardless of number employees. As it tells your employees what you what them to do. Most Insurance companies will look for one.

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Do I need a Risk Assessments?

Significant findings of a risk assessment must be recorded by an employer where you employ five or more people.

If you have four or less, you must still assess the risk, but you do not have to recorded this in writing. Though if you fail to record this, how can you prove you have complied?

Regardless of the number of people you employ you must complete risk assessments under the "Fire Precautions (Workplace) Regulations 1997" & "The Control of Asbestos at Work Regulations 2002".

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I should have a Health & Safety policy, but haven't gone one yet?

We would strongly advise you to get one as a matter of priority. If you need help or just don't have time, let us help you.

Insurers who cover businesses with  Employers Liability Insurance are losing money. They do make inspections of their insured's premises from time to time, to try and reduce the risk they face with you. If you do not have a Health & Safety Policy and your insurers catch you they are very likely to withdraw your cover, with immediate effect. Getting new cover will be difficult as other insurers will see you as a bad risk.

It is also not unknown for enforcement officers (EHO's & HSE) to ask for them, when visiting you. If you don't have one you will face prosecution. The average fine is currently £3,275.

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I should have risk assessments, but haven't got any?

We would strongly advise you to complete them as a matter of priority. If you need help or just don't have time, let us help you.

Insurers who cover businesses with Employers Liability Insurance are losing money. They do make inspections of their insured's premises from time to time, to try and reduce the risk they face with you. If you do not have any risk assessments and your insurers catch you they are very likely to withdraw your cover, with immediate effect. Getting new cover will be difficult as other insurers will see you as a bad risk.

It is also not unknown for "inspector" to ask for them, when visiting you. If you don't have any you will face prosecution.

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Definition of Young Person? Over school age but not yet attained the age of 18 years.

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Definition of a Child? A person who is not over school age (16 years).

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What is PPE? PPE (Personal Protective Equipment) is any equipment that protects you, things like Hi Visibility vests, goggles, hard hats, protective footwear, gloves etc.

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When is a Fire Certificate is Required?

Fire Certificates are no longer required, as of October 2006. You must now complete a Fire Risk Assessment. 

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What do I need instead of a Fire Certificate? You need to have a "competent" person carry out a Fire Risk assessment. Failure to do so, may result in prosecution.

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What is an improvement notice? Under Section 21. Health and Safety at Work Act 1974. An "inspector" may issue a formal notice to an employer requiring them to remedy particular faults or to institute a specified program of work within a stated time. You should be given at least 21 days to complete the requirement work.

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Can I appeal against an improvement notice? Yes. You can lodge an appeal with Employment tribunal within 21 days of it being served. Whilst the appeal process is on going the improvement notice is suspended.

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Do I have to comply with an improvement notice? Yes. Under Section 21. Health and Safety at Work Act 1974.

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What if I ignore an improvement notice? You will be prosecuted, under Section 33, Health and Safety at Work Act 1974.

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What is an prohibition notice? Under Section 22. Health and Safety at Work Act 1974, if an "inspector" is of the opinion that, with regard to any  activities being carried out there is a risk (or may be) of serious injury, then they may serve a prohibition notice. At this point the activity must stop and not restart.

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Do I have to comply with an prohibition notice? Yes. Under Section 22. Health and Safety at Work Act 1974.

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Can I appeal against a prohibition notice?  Yes. You can lodge an appeal with Employment tribunal within 21 days of it being served. Whilst the appeal process is on going the Prohibition notice is remains in force.

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We have been served with an improvement or a prohibition notice will we be prosecuted? It depends on the circumstances. Though normally an "inspector" will not commence proceedings until after the expiry of the 21 days in which you have to appeal to an Employment tribunal.

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Disability Discrimination Act 1995

On 1 October 2004, the Disability Discrimination Act 1995 (Amendment) Regulations 2003 came in to force.

From this date business with fewer than 15 employees, were previously excluded from the DDA will now need to comply. The scope of the legislation has been extended.

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Levels of Fines Magistrates Courts (or Sheriff's Courts in Scotland), on summary conviction fines of up to £20,000, for breaches of the 'General Duties' being sections 2 to 6 of the Health and Safety at Work etc. Act 1974, and £5000 for breaches under any of the other statutory provisions

Offences tried on indictment (Solemn Procedure in Scotland) in the Crown Court (or Sheriff court in Scotland) may attract unlimited fines

Contravention of an Improvement notice or Prohibition Notice, or of a remedy order made by the court, may lead, on summary conviction to a maximum £20,000 fine and/or 6 months imprisonment. On indictment the maximum penalty is two years imprisonment and/or an unlimited fine.

"Summary" is when a judge sits alone.

"Indictment" is when a judge sits with a jury.

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Some Statistics

Latest statistics show that number of improvement notices issued is up by 20% thought in some targeted areas they have increased by 250%.

86% of cases the HSE brought to court for health and safety offences currently result in a conviction.

The average fine per case for health and safety offences for 2002/03 is currently £9,105 for the service sector. The average fine per health & safety offences prosecuted in 2002/03 is currently £6,040.

The average fine for not having a Health and Safety policy is currently £3,275.

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Need more help? Call us 

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Every care has been taken in the preparation of this information.  However, the information given can only address the general principles involved. Our advice should be sought on any specific query, or problem your business has relating to any issue or area raised.

 The information is correct as of October 2006.  E & O E. 

 1074 Consulting, 2002 - 2007.