This document was produced by FSB Health and Safety Advice in May 2021

Business Basics: Health and safety compliance

The Health and Safety at Work Act 1974 is the key legislation relating to occupational health and safety in England, Wales and Scotland. It outlines the duties you have as an employer towards your employees and the public, in addition to the duties employees have towards themselves and each other. It also relates to the self-employed.

All employers must be compliant with health and safety rules, or your business may face fines or even prosecution. Failing to follow regulations puts everyone at greater risk.

Not only is it the law, but non-compliance can be costly. Without effective risk management strategies in place, you may increase your chances of claims against you. Whether it’s slips and trips or accidents with tools, it’s essential to take steps to improve your risk management.

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What is the Health and Safety at Work Act 1974?

Business Basics: Health and safety compliance

Visit Health and Safety Executive’s website for the latest guidance on working safely during COVID-19. FSB members also have access to on-demand advice from FSB Legal Hub and the 24/7 legal helpline.

In Northern Ireland?The Health and Safety at Work (Northern Ireland) Order 1978 is the primary piece of legislation which

covers the duties and responsibilities for

employers.

No matter what business you’re in, complying with health and safety law is a must when you’re working for yourself so that you stay on the right side of the law.

Whether you’re growing your business and wondering how your health and safety obligations might change, or you want a refresher on the important things to remember, we’re here to help.

In this guide, our health and safety specialists from FSB Health and Safety Advice share their top tips on everything from risk assessments and policies to dealing with an inspection.

Accidents with machinery, tools or materials For some businesses, working with machinery and tools is part and parcel of the job, so it’s essential to stay safe.

Slips and trips No matter where you operate, slips and trips are a common risk, from spillages on the shop floor to wires in the office corridor.

Struck by object/person According to the Health and Safety Executive, being injured by a moving object, like a falling object or a cut from a hand knife, accounts for over 10% of major injuries reported in the food and drink industry alone.

Lifting If you or your employees need to lift heavy objects from A to B, following the correct precautions can help to prevent injuries.

What are the most common causes of liability claims?

Guard machinery correctly with the appropriate controls fitted (including emergency stops and interlocks).

Routinely inspect all machinery.

Put an effective defect reporting system in place to help reduce misuse.

Provide adequate training for all equipment to ensure your employees are using machinery in the appropriate way.

Ensure floors are in a good condition, adequately lit and with designated walkways.

Maintain good housekeeping standards.

Wear appropriate footwear.

Document a cleaning programme for any spillages.

Identify potential sources and causes of incidents.

Introduce appropriate control measures, which may include traffic control, good housekeeping and effective machinery guarding.

Store heavier items on or near the floor and stack items carefully to prevent them from falling.

Eliminating the need to lift wherever possible is the most effective way to minimise risk.

If lifting does need to happen, provide personal protective equipment (PPE).

Lighten the load where possible and reduce repetitive movements.

Ensure at least two able bodied people are available for lifting people or weights above a certain amount.

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A risk assessment is the process of identifying, understanding and evaluating potential hazards in the workplace concerning the day-to-day running of a company. It’s a legal requirement that involves identifying sensible measures to control those hazards and risks to ensure the safety of staff. This ranges from making sure the environment is safe for employees to work in, to ensuring equipment is safe for them to use.

With increasing liability claims, being able to identify and reduce risks can help to safeguard your financial stability. Preventing claims can keep your premiums reasonable and also enables your business to avoid significant costs and downtime from dealing with accidents.

Risk assessments

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A good way to do this is to walk around all areas of your workplace and make a note of anything that could cause harm – from problems concerning your infrastructure, to processes and substances you use, which could injure your staff or be hazardous to their health.

• Exposed high voltage equipment or machinery

• Computer cables trailing across the floor

• A slippery section of a shop floor

• A poorly lit warehouse that holds heavy stock

• Toxic chemicals used in your factory with the potential to cause harm

This includes employees and people outside your business that might not be in the workplace all the time, such as customers, visiting clients or contractors. When

identifying staff, it’s also best to put employees into groups – people using machinery or working in the warehouse, for instance.

It’s also important to think about staff who might be affected by hazards that develop after a long period of time. This could be employees who use certain equipment for extensive periods during the day, or those regularly exposed to noisy machinery or harmful substances.

Speak to your staff to see what they think the hazards are in your company. As they are the ones working for you each day, they might notice hazards you haven’t. They could have some good ideas of how best to control the risks. You can also make sure they think what

you plan to do will work and won’t present any further hazards.

1. Identifying the hazards

2. Identifying who might be harmed

Top tip Check instruction manuals

for equipment and machinery, or the chemicals

you use, to understand hazards that may otherwise

not be clear.

The next stage of carrying out a risk assessment is evaluating the risk of each hazard occurring. For instance, is the risk high, like someone falling on a very slippery floor, or is it low, such as someone falling off a ladder up to a high shelf or piece of scaffolding? This is about knowing what the main risks are and what you need to do to manage them reasonably and practicably.

Once you’ve agreed on the changes you’ll make to your workplace, you should consider making a list of the actions that will be done, known as control measures, and tick them off when complete.

• Display your risk assessment so your staff can see it, like in the staff room or on your company intranet.

• Consider making the assessment part of the induction process for when new staff join your company.

• Review your assessment each year to make sure it’s still fit for purpose. It will need updating when changes in your workplace are made so that you are compliant with safety at work regulations.

Preventing access to a hazard, such as with signage

Organising staff shifts to reduce their exposure to a hazard

Providing protective equipment and first aid

Putting your risk assessment into practice

3. Evaluating the level of risk

Top tip You can access

on-demand health and safety training on working

safely for you and your team through the FSB Legal Hub.

By law, you’re required to have a health and safety policy. It should be in writing if your business employs five or more people. You have a legal obligation to ensure your policy is up to date, appropriate for your business sector, and meets all legal regulations to help keep your staff safe and prevent accidents from happening. If your policy is seen to be out of date, it won’t comply with legal requirements.

Health and safety policies

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How often should I review my health and safety policy?

Creating a good health and safety policy for your company is important but, as health and safety is an ongoing concern in business, it should be reviewed at least once a year. You should check that the goals you outline in the policy are still being met – for instance, as a result of changes you’ve made to your business – and that your priorities in health and safety are still present, accurate and effective.

Make changes to your business

This could include:

• Altering your work procedures, such as processes staff must follow to carry out certain tasks

• Creating a new position, team or department or starting a new service

• Redesigning your office layout, extending part of a building, or revamping your company premises

• Introducing new equipment or machinery for staff to use to do their job

An incident happens or you discover current procedures are failing

This could include:

• You or one of your team suffers a major incident or injury in the workplace

• You suspect current procedures are no longer sufficient for your staff to work safely

• You discover procedures across your business sector or industry are found to be failing

In all cases, you should:

It’s important to record your findings from the risk assessment and amend your policy accordingly. You should have already carried out a risk assessment when first putting your health and safety policy together, but a second assessment should be made to check that all current hazards have been identified.

Top tip You can download a

template health and safety policy on the FSB Legal Hub, as well as a range of legal documents and

guides.

Conduct a thorough inspection of that area

Check equipment and safety gear

Speak to key staff to discuss issues or incidents

Designate a senior employee to make regular checks, such as on machinery and equipment

Make sure maintenance procedures are set up, such as for machinery

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Updating your policy

Once you’ve conducted your risk assessment and all relevant information has been collated and recorded, you should update your policy to include your new procedures and the key goals you hope to achieve. For instance, the safety checks you’ll start to ensure equipment is continuously safe for your staff use, or the role you’ve created to carry out regular inspections.

Sign and date the updated policy to show when it was last reviewed

Replace your previous policy with the updated version

Make everyone in your business aware - this could include displaying a copy in your premises in an area that’s accessible to all employees.

Don’t forget…

Display your health and safety poster where it’s visible to your team

Make sure someone is trained as a first aider

Take out the required insurance, such as Employer’s Liability insurance

Report accidents and incidents in your accident books and where necessary under RIDDOR (For Northern Ireland, you should report to HSE NI)

It doesn’t have to be risky businessWith workplace health and safety advice from legal experts, as well as online documentation and on-demand training, you’re in safe hands.

If you find out that the health and safety inspectors are on the way or at your door, you need to move fast to protect your business interests. Our experienced advisers will understand your concerns and recommend the right actions to make sure that you can continue trading during the inspection process.

What can I do if I’m facing a health and safety inspection?

“If an HSE inspector arrives on your premises unannounced, remember they have wide powers of inspection and investigation. In order to prepare for this eventuality it is essential to keep your health and safety paperwork in order so that you can locate this during an investigation.

If you receive a written notice of contravention following a site inspection, you should seek legal advice at the earliest opportunity because strict time limits for appealing apply. FSB members have access to template health and safety documents on the FSB Legal Hub and to expert health and safety advice on the FSB Legal Advice line.”

Hannah Thomas, FSB Health and Safety Advice