The Legal Stuff

The law aims to:

Prevent people getting injured or suffering illness caused through work
Encourage high standards of health, safety and welfare

The law says:

You have a right to a safe workplace
Your employer must keep you safe at work
You also have responsibility for your own safety

All employers have legal responsibility under the Health and Safety at Work Act 1974 and Management of Health and Safety at Work Regulations 1999 to ensure the health, safety and welfare at work of their employees.

There is health and safety legislation that relate to different workplaces. It's important to know how workplace legislation applies to you.

The legislation that relates to health and safety at work includes:

Health and Safety at Work etc. Act (1974)
Management of Health and Safety at Work Regulations (1999)
Manual Handling Operations (1992) (amended 2002)
Display Screen Equipment Regulations (1992) (amended by the Health and Safety (Miscellaneous Amendments) Regulations (2002)
Personal Protective Equipment at Work Regulations (1992)
Health and Safety (Sharp Instruments in Healthcare) Regulations (2013)
RIDDOR - Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (2013)
Control of Substances Hazardous to Health Regulations (COSHH) (2002)

Control of Substances Hazardous to Health (COSHH) Regulations 2002

These regulations provide a framework to help protect people in the workplace against health risks from hazardous substances. The substances may be used directly in the workplace (e.g. cleaning chemicals) or may arise from the work (e.g. dusts, fumes and waste products).

Hazardous substances are usually indicated by hazard signs, such as the diamonds you can see on the picture to the left.

COSHH assessments should be available. These contain information about how to work safely with hazardous substances.

Personal Protective Equipment at Work Regulations (1992)

Employers have duties concerning the provision and use of personal protective equipment (PPE) at work. PPE is equipment that will protect the user against health or safety risks at work. It can include items such as safety helmets, gloves, eye protection, high-visibility clothing, safety footwear and safety harnesses.

Both employers and employees have responsibilities in relation to the Health and Safety at Work etc Act 1974.

Employers

‘‘It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his/her employees

If an employer fails to meet their responsibilities and comply with health and safety legislation, it can have serious consequences. The sanctions, for either the organisation or the individual, include:

· Prosecution, notices, fines and imprisonment
· Claims and complaints
· Unquantifiable risk
· Loss of reputation, credibility and morale

Employees

‘‘No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare.

All employees, in the interest of patients, colleagues and their own health, safety and welfare should:

· Take responsibility for their own health and safety and those of others who may be affected by their acts or omissions

· Co-operate with their employer on health and safety issues

· Be familiar with and follow policies, procedures and instructions

· Report any accidents, damage, unsafe acts or conditions, near misses, or loss as soon as reasonably possible

· Ensure they report immediately any condition which may affect their ability to work safely

· Ensure they attend any related training courses provided for them

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