Health and Safety in the Workplace

Employers and employees alike have a vested interest in understanding and abiding by the health and safety regulations in the UK. Over the 2021 to 2022 period, 123 workers were fatally injured at work. While most of the fatalities were in more physical industries, such as construction (30), agriculture, forestry, and fishing (22), and manufacturing (22), 12 people died in admin and support services.

The reasons for these incidents were falling from a height (29), being struck by a moving vehicle (23), being struck by a moving object (18), contact with moving machinery (15), and being trapped by something collapsing or overturning (14). More statistics are available here.

While employees can lose their lives, become disabled, lose present and future earnings, have to pay for a nurse, incur astronomical medical costs, become housebound, and endure pain and suffering, companies can be held liable for a compensation claim. We look at the legislation covering health and safety, which companies must be compliant with.

The Management of Health and Safety at Work Regulations 1999

The Management of Health and Safety at Work Regulations 1999 is aimed at employers and the health and safety duties they are responsible for. Firstly, they need to draw up a health and safety policy. Secondly, employees must be fully informed of what the manual contains. Thirdly, management needs to conduct risk assessments to determine where there are gaps in health and safety. Next, they must take action to mitigate these risks. Lastly, competent health and safety officers must be appointed.

The Workplace (Health, Safety, and Welfare) Regulations 1992

The Workplace (Health, Safety, and Welfare) Regulations 1992 details certain aspects of the workplace that must be attended to in terms of ergonomics, hygiene, and safety. For example, all passageways must be kept in a safe state to prevent incidents such as employees slipping on wet floors and consequently being injured or tripping over obstacles.

Ablution facilities must be provided and kept in a state of cleanliness (e.g., wash basins, toilets, and canteens). Each employee must have a workstation with adequate space, ventilation, heating, and sufficient lighting.

The Health and Safety (Display Screen Equipment) Regulations 1992

The Health and Safety (Display Screen Equipment) Regulations 1992 covers matters relating to Display Screen Equipment (DSE), or in other words, computers. This regulation defines DSE users as employees who conduct a large portion of their daily work on a computer. More specifically, such use implies using DSEs daily or for unbroken segments of at least an hour.

The tasks and actions contingent on management are to produce a manual of procedures for using DSEs, conduct a risk assessment, and take steps to resolve issues that come to light. For example, continuous use of a computer could lead to repetitive strain injury which may result in an employee claiming for an arm injury. An arm injury claim could cost the company millions.

Additionally, employers must get employees to take breaks at suitable intervals, provide them with health and safety information (such as the manual of safety procedures), and arrange regular eye tests. Employees’ desks and chairs must be adjustable so that they can position themselves at the best height and distance for the computer screen.

The Personal Protective Equipment at Work Regulations 1992

The Personal Protective Equipment at Work Regulations 1992 compels management to equip employees with the personal protective equipment (PPE) needed for their safety and health. PPE is used to mitigate risks when no alternatives are available. This equipment consists of protective footwear, masks, goggles, gloves, helmets, and overalls, and training on its use must be given. Employees cannot be charged for PPE.

The Manual Handling Operations Regulations 1992

The Manual Handling Operations Regulations 1992 relates to the handling of items, such as bricks, which could injure employees if the load is too heavy. These tasks should preferably be done by suitable machines and equipment to eliminate the handling of loads by employees. Where this cannot be avoided, employees must be informed how much each load weighs.

Employers must furthermore ensure that they have assessed all risks pertinent to manual handling activities and reduced these risks where possible. The assessment needs to take into account the personal characteristics of each employee involved in manual handling tasks to make sure that employees can safely manage the given loads.

The Provision and Use of Work Equipment Regulations 1998

The Provision and Use of Work Equipment Regulations 1998 state that employers must make sure the right equipment for the task is provided, the safety of that equipment, and ensure that it is properly maintained. Employees must be trained in the use of equipment. If a piece of equipment has dangerous parts, steps must be taken to protect employees from these.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 lays out what information must be reported by employers in the event of accidents, injuries, and certain diseases. Reports must be sent to the Health and Safety Executive or the local authority’s environmental health section.

Employers must also maintain an accident book. This must include the incident’s date, place, and time, the names and occupations of all persons involved, the type of injury, and details of the incident.

Incidents that must be recorded are fatalities, sudden illness requiring hospitalisation, electric shock, amputations, fractures, burns, loss of consciousness or injuries to the head, hypothermia, and eye injuries. Certain occupational diseases are reportable including carpal tunnel syndrome or hand-arm vibration syndrome (HAVS) caused by vibrating tools, forearm or hand cramps from repetitive motions, occupational dermatitis, and occupational asthma. Also reportable are incidents where employees are off for seven consecutive days due to a workplace injury. Three-day injuries and time off work must be recorded but not reported.

Dangerous occurrences are events that take place without an injury occurring but could endanger employees, such as train collisions, scaffolding collapse, explosions, fires, equipment touching power lines, radiation leaks, and problems with breathing equipment for divers. These must be recorded, and in some instances, reported as well.

The Working Time Regulations 1998

The Working Time Regulations 1998 ensure that employees cannot be forced to work for long hours. The work week is set to a maximum of 48 hours on average – averaged over 17 weeks. The employee does have the option to opt-out of this in writing, as long as it is voluntary. They can cancel this at any stage without requiring consent.

Employees are entitled to 11 hours of downtime, except where shift work is involved, but this must still comply with regulations. They may also take a 20-minute break after working for six hours.

These regulations also safeguard workers between the ages of 15 and 18, who are entitled to a half-hour break for every four-and-a-half hours worked. They also get a 12-hour break for every day of work. These employees are limited to working for eight hours in a day and 40 hours in a week with no opt-out.

Paid holidays for all full-time employees amount to 5.6 weeks per annum, while part-time workers get pro-rata.

These regulations protect the health and safety of the workforce. Employers need to be well-informed of all applicable legislation and ensure that they comply.

Disclaimer

It is important for us to state that the blog post has been thoroughly researched. However, as with any opinions and advice we distribute, we need to clarify that it should be used in an advisory capacity only. As such, you accept full responsibility for your decisions based on this content and hereby release us from any claims or liabilities.