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FACTS

  • Self-employed contractors on your site could be classed as employees from a Health & Safety viewpoint.
  • If you have 5 or more “employees” you must have a written Health & Safety Policy Statement.
  • Even if you have less than five employees you must have a Health & Safety Policy the only difference is that it doesn’t need to be written down. However, moves are afoot to make all employers have written policies.
  • Prevention is better than cure!
  • If you are prosecuted for an offence regarding Health & Safety you will be facing criminal charges.
  • The punishments handed down are severe, unlimited fines, prison sentences of up to 2 years for certain offences.
  • Your business could be immediately shut down.
  • Your insurance policies will not cover you for any of the fines.

HOW WE CAN HELP

  • Register with the appropriate Authority
  • Discharge your responsibilities in respect of your employees and stakeholders
  • Prepare a written Health & Safety Policy
  • Identify the procedures specific to your type of Business
  • Establish a regime of continuous risk assessment and improvement
  • Comply with all of the necessary fire regulations
  • Meet the needs of your employees welfare
  • Deal with any accidents and insurance claims
  • Dealing with the HSE or local Enforcing Authority
  • Provide you with ongoing advice
  • Save you time
  • KEEP YOU IN BUSINESS

How can I be prosecuted for not knowing about Health & Safety Law?
Ignorance is no defence, as in most criminal law.

As I share premises with other tenants isn't Health & Safety the landlord's problem?
No! You have a duty of care to your employees on the premises you occupy.

My employees won't wear Personal Protective clothing or equipment, so how can I be prosecuted if they fall ill?
You have a duty of care to ensure their health and safety. You must be prepared to enforce safe systems of work.

My business is mainly office based isn't Health & Safety about factories and building sites?
No! Essentially you have a duty of care to your employees, visitors and contractors and you need to put in place appropriate Health & Safety Management systems. The provision of proper fire fighting equipment would be a simple example.

Do I really need to worry, I am insured and that should cover the costs?
Your insurance will not cover breaches of Health & Safety legislation because it is a criminal act. Or cover you against damage to your reputation and brand.

When you talk about risk assessments, what do you mean?
Risk assessment is the process used to identify hazards, estimate the level of risk and implement measures to eliminate or control the risk. Risk assessments are required for all General activities and for specific areas such as Fire, Manual Handling, COSHH, etc.

Why do I have to bother? Nothing has happened to me in years!
You have duty of care to your employees and others affected by your activities. The cynical answer is: the punishment for not bothering could be a heavy fine and or the closure of your business or even a custodial sentence.

At what point do I need a Health & Safety Policy?
As soon as you start trading. As you will discover, if you employ five or more the policy will need to be written, in any event you should broadcast your policy to members of staff and ensure that they understand their role in ensuring a healthy and safe workplace environment.

I am an office based business what training do my staff need?
There are a number of tasks in offices, which may need training or where training would be considered good practice. Some examples would include: Manual handling; first aid; fire drill and good VDU practice (posture etc.)

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