Health & Safety isn’t just a legal obligation for business owners; it’s a moral duty. The Health and Safety at Work etc. Act 1974 doesn’t just concern the relationship between employers and employees; it extends to protect anyone who interacts with a business.
There’s a lot to contend with, and achieving legal compliance can be challenging, but failing to do so carries consequences.
Peninsula’s Health & Safety services are designed to help you meet Health & Safety legislation, and ultimately, avoid financial and reputational repercussions.
We’ve put together this guide to provide you with context as to why Health & Safety is important in the workplace.
What is the Health and Safety Act 1974?
The Health and Safety at Work etc. Act 1974 is the United Kingdom’s primary law that oversees Health & Safety in the workplace.
It means employers have a duty to protect (so far as reasonably practicable) the health, safety, and wellbeing of employees and the public.
Whilst the onus of Health & Safety legislation is on employers, it also dictates that employees have a responsibility to take reasonable care of themselves and others.
Health and Safety at Work Act 1974 key points
Enforcement of the duty of care is broad and applies to employers and employees. With that said, let’s look at the Act’s main points:
- Section 2: So far as is reasonably practicable, employers must ensure the health, safety, and welfare of employees and the public. They must provide maintained equipment and PPE, Health & Safety training, and where necessary, supervision.
- Section 3: Protection of the public is paramount. Employers, and the self-employed, must takes steps ensuring their activities do not impact the Health & Safety of the public.
- Section 7 & 8: Workers are duty bound to take reasonable care of their own Health & Safety, as well as those around them. They must work with their employer to support Health & Safety efforts.
- Consultation: The Act necessitates that employers are to consult with their employees, or representatives, on all matters relating to Health & Safety.
- Mental wellbeing: When referring to ‘health’, it’s worth noting that this encompasses an employee’s mental wellbeing. Therefore, employers have a duty to prevent stress and other work-related conditions.
- Health & Safety policy: Business owners who have five or more employees are legally required to have a written Health & Safety policy that’s shared with their staff.
What is a Health & Safety policy?
A Health & Safety policy is a formal document that includes a business’s framework for managing Health & Safety. It sets out how an employer will oversee and mitigate risks to safeguard staff and the public.
As per the Health and Safety Executive (HSE), a comprehensive policy consists of three parts:
- Statement of intent: Through outlining their objectives, this is a company committing to Health & Safety. It must be signed and dated by the most senior figure of a business.
- Responsibility: This part of the policy lists names and respective responsibilities pertaining to Health & Safety. For example, first aiders, fire safety officers, and those who lead risk assessments.
- Arrangements: Typically the largest section, it stipulates the measures that a business will implement to achieve their Health & Safety objectives.
Thorough documentation is central to compliance. If you’re an employer wanting to achieve that, download our free Health & Safety policy template.
What is the Health & Safety Executive (HSE)?
Established by the Health & Safety at Work Act 1974, the HSE is an independent body that regulates workplace health, safety, and welfare. The HSE exists to prevent work-related death, injury and ill health.
Powers available to HSE inspectors include entering premises without an appointment, seizing equipment, substances, or documents for assessment, taking formal statements, and issuing improvement notices.
In addition to enforcement, the HSE has a range of roles. One of those is providing Health & Safety definitions.
What is a risk in Health & Safety?
As per the HSE, a risk is the chance, high or low, that someone could be harmed by a hazard. There will also be an indication of how serious the harm might be.
What is a hazard in Health & Safety?
A hazard, according to the HSE, is anything that has the capacity to cause harm—such as chemicals and electricity.
What does COSHH stand for in Health & Safety?
As discussed, certain substances may be deemed as hazardous. COSHH, standing for the Control of Substances Hazardous to Health, is a piece of law that employers must adhere to.
Listed by the HSE, here are examples of hazardous substances:
- Chemicals (and products containing chemicals
- Fumes
- Dusts
- Vapours
- Mists
- Nanotechnology
- Gases, asphyxiating gases, and biological agents
Employers must ensure they’re COSHH compliant, else they risk staff being injured, becoming ill, or worse, killed. Peninsula’s free COSHH risk assessment template helps business owners protect their staff and reputation.
What can employers do to achieve Health & Safety compliance?
All employers should strive to lead a business that has Health & Safety prioritised. This can be done in several ways. For example:
Provide Health & Safety training
Needs for Health & Safety change, and this must be reflected with regular, relevant Health & Safety training.
New starters to a business should be given training, and where appropriate, specific, tailored training must be delivered.
Visible Health & Safety signs
Governed by the Health and Safety (Safety Signs and Signals) Regulations 1996, businesses should have the relevant signs displayed throughout their work premises. They follow the ‘traffic light’ colour code:
- Red: Prohibition
- Amber: Warning
- Blue: Mandatory
- Green: Emergency
Display Health & Safety posters
Health & Safety posters are an invaluable tool for employers. They provide clear, digestible information for staff and public alike.
Those who operate in the hospitality industry would benefit from downloading our free food safety posters pack.
Conduct Health & Safety audits
For a comprehensive check, employers should carry out a Health & Safety audit. It provides an overview of the efficacy of control measures. This could include checking if fire exits are clear and if PPE is being worn.
Implement Health & Safety software
With the right Health & Safety software, businesses can streamline an array of aspects needed for compliance and reducing workplace accidents. Leveraging this technology is also an indication that businesses take Health & Safety seriously, which is pivotal for staff morale and productivity.
Use Health & Safety consultants
Challenges for employers being legally compliant when it comes to Health & Safety are plentiful, but that’s not a reason to be deterred to meet statutory responsibilities.
Thankfully, Health & Safety consultants are a cost-effective approach available to businesses.
Through ensuring compliance and sparing businesses fines and reputational damage, outsourced Health & Safety represents a long-term investment.
FAQs: Why is Health & Safety important in the workplace?
Who is responsible for Health & Safety in the workplace?
Employers are legally responsible for the Health & Safety of their staff, as well as anyone who may enter the premises. Employees also have a duty to take reasonable steps for their own and others' Health & Safety. Furthermore, they should cooperate with employer's safety procedures.
What are the minimum legal requirements?
As a minimum, employers should conduct an adequate risk assessment to identify and control risks. Peninsula's free risk assessment template can support with this.
Do employers need a written Health & Safety policy?
Businesses that have five or more employees are legally required to have a written Health & Safety policy. However, businesses with fewer than five employees should consider having a policy regardless.
When must employers report an accident?
As per RIDDOR, employers should report serious injuries, work-related diseases, and dangerous occurrences.
Do Health & Safety duties extend to home and remote workers?
Health & Safety legislation applies for those working from home. There are specific risk assessments for this, for example, Peninsula's free home working risk assessment template.
Final say: Why is Health & Safety important in the workplace?
Abandoning Health & Safety legislation has catastrophic consequences for businesses. Employees could become injured, fall ill, or possibly lose their life due to lax processes.
Businesses that want to preserve their reputation, and avoid heavy financial penalties, must meet their legal obligations set out by the Health & Safety Act 1974. There’s a lot that has to be satisfied, but Health & Safety consultants offer specialist support.
Peninsula’s delivered Health & Safety expertise for 40 years
Why should you partner with Peninsula to help support you with meeting challenging and changing Health & Safety legislation?
Over 40,000 UK businesses trust us to ensure they’re legally compliant, and best yet, they’re satisfied with the service they receive—in fact, we have a Google rating of 4.8 and over 2,300 reviews.
We can provide you with a range of resources, including a Health & Safety awareness course, 24/7 Health & Safety advice, support with your documentation, and cutting-edge software.
Contact us today to keep your staff and business protected.
