The Health and Safety at Work Act 1974 - what does my small business need to do to comply with Health & Safety Regulation?

Section 2 of the Health and Safety at Work Act (HSWA) specifies the duties on employers. But what does that mean for you?

Section 2(1)

Puts a duty on the employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all its employees.

That means the employer is responsible for every employee. Full time, part time, zero hours. You name it.

Work experience counts, and there are additional regulations for Young Workers (those under 18). Those are not covered in this article, but have a separate regulation.

Health, Safety & Welfare means from basic safety, to mental well-being too. This doesn’t mean you are responsible for people’s personal challenges, but it does give you an obligation to make reasonable adjustments and prevent stresses that might lead to sickness.

The safety measures needed will depend on your industry and the activities undertaken.

Section 2(2)(a)

To ensure provision and maintenance of all plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health.

This is wide ranging and means anything from industrial silos to workplace printers!

Safe systems of work means activities are safe to carry out. For example, if you are operating machinery and it fails - is there a safe system of maintenance to prevent injury?

Does the equipment shut off or does someone climb in to remove a blockage?

There are sadly cases continuously for things as simple as this. The fines are significant, the reputational damage catastrophic, but the tragedy is that lives are lost and families are changed forever.

Section 2 (2)(b)

Puts responsibility on the employer to ensure safety and absence of risk to health in connection with the use, handling, storage and transport of articles and substances.

My primary roles have been in laboratory environments handling hundreds of chemicals at any one time.

This requires consideration for additional regulation such as COSHH, which gives more specific information on how these chemicals should be handled.

Depending on your industry, it may go beyond COSHH too. There are further regulations around the use of things like cylinder gases, dusts and powders, and also the extraction systems used to protect your employees.

Chemicals come in different forms with different hazards. It’s critical they are handled safely, to prevent life changing diseases such as occupational asthma, even cancer, or more immediate threats such as exposure to acids or chemicals that harm unborn children and damage fertility.

It’s a minefield that needs special consideration.

Even those cleaning chemicals every business keeps in their cupboard need consideration as to how they will be used and who will be using them.

Section 2(2)(c)

The employer must provide information, instruction, training and supervision.

That’s quite wide open, but you must ensure people know what they need to do to operate safely. You must consider the risks and provide information.

It’s not a tick box checklist, it’s an insurance policy (literally, because your insurance company won’t cover negligence!) to make sure your employees are working safely.

If there needs to be a period of supervision before someone can work independently then make sure it’s clear, documented and done right.

It will save you a lot of hassle in the long run anyway, because people will be doing their jobs properly.

Section 2(2)(d)

The employer must ensure that any place of work under their control is maintained in a safe condition, which includes safe access and egress.

How many places have you worked where fire exits are blocked?

People create bad habits because it’s seen as more efficient, but safe access and egress means getting in and out without harm.

This could be in a fire situation, or simply not having to climb over a ton of stuff to get from room to room (like those questionable storage areas, or how I’ve seen some barrels stacked in cellars).

Do you have clear labelled signs pointing to exits? Extinguishers that are checked annually and suitable for the area they are in? Are staff trained in safe escape?

Do you have a fire alarm? Sprinklers?

Most importantly - do you have a risk assessment carried out by a competent person?

Section 2(2)(e)

The employer must provide a safe environment with adequate facilities, and arrangements for the welfare of employees.

We already talked about fire safety about, but what about first aid?

What about the potential for violence? Shops for example need to consider their potential for violence and aggression towards employees. It can be common with late night stores. Risk assessments need to consider this.

The same for nightclub employees who deal with noise risk, but also agressive behaviour and a risk from physical violence.

The environment can mean many things.

Adequate facilities is further broken down in the workplace welfare regulations and approved codes of practice (ACOPs) issued by the HSE, and make reference to clean drinking water, sanitary facilities and temperature controls among other things.

You know I recently saw a legal case where an employer was fined a sizeable sum because their toilet facilities, had no water. Literally no water. Nothing in the sink, nor the toilet bowl. No toilet paper, and you should have seen the filth in the cubicle. What is amazing is that they were given a notice by HSE to make the improvements, and ignored it. Now they have to pay several hundred thousand as well as fix the issue or face being closed down.

Section 2(3)

Every employer has a duty to prepare and update a written statement of general policy with respect to the management, organisation and arrangements for health and safety in their workplace. This statement must be raised to the notice of employees, including any revisions.

If your business is office based, you probably don’t have too much to think about. DSE, electrics, fire safety etc.

You can download a totally free short form policy statement from HSE to adapt.

If you have a few more complexities, however, such as any of those areas listed in the image above - you can buy a comprehensive policy from our store and adjust for your business. Or talk to us about customising something for you, and supporting you with measures you need to take.

I hope you have found this article useful. If you have any questions please do get in touch. I will continue to create articles covering a wide range of legislation. I’m happy to hear from you in terms of what you might like to see next!

Any questions sent to me by email, are great topics for me to add to the knowledge hub. Don’t forget to check in!