Health and Safety at Work ACT 1974 Explained – Chapter 37 Part 2

2. (1) It shall be the duty of every employer to ensure, so far as is reasonably practical, the health, safety and welfare at work of all his/her employees.

Employers should ensure the health, safety and welfare at work of all their employees. This includes making sure all precautions are made to avoid risks as much as realistically possible. Where reasonable, steps should be taken to prevent accidents or other health risks. This will vary depending on the type of workplace, for example the health and safety precautions and potential risks are much different on a building site to an office.

(2) Without prejudice to the generality of an employer’s duty under the preceding subsection, the matter to which that duty extends include in particular:

There are a number of example in this section which part 2 (1) applies to. Here is what is generally covered:

Any equipment should work properly and be safe to use at all times. This may include safety buttons being used on conveyor belts in factories, hard hats worn on construction sites, and portable appliance testing being carried out on computers in an office. Risk should be prevented wherever reasonable possible and adequate training be provided for dangerous equipment or anything that takes particular skill to carry out. For some equipment there are certain laws regarding this, for example a licence may be required. Unnecessary risks should always be avoided.

(3) Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his/her general policy with respect to the health and safety at work of his/her employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.

It is the duty of an employer to prepare and revise a written statement of policy referring to the health and safety within the workplace. There should be written document, which are available to employees. These should contain general information with regard to safety as well as specifics where necessary, such as particular equipment and certain tasks carried out within the workplace. This should be revised where necessary and always kept up to date.

(4) Regulations made by the Secretary of State may provide for the appointment in prescribed cases by recognised trade unions (within the meaning of the regulations) of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and shall have such other functions as may be prescribed.

Through recognised trade unions employees will where necessary be selected to represent other employees when it comes to their health and safety. Those selected will then act as the go-between regarding health and safety between the employees and the employers, and represent their fellow employees.

(5) Regulations made by the Secretary of State may provide for the election in prescribed cases by employees of safety representatives from amongst the employees, and those representatives shall present the employees in consultation with the employers under subsection (6) below and may have such other functions as may be prescribed.

The purpose if this is similar to that of section (4). The difference is that these will be elected by the employees. They will democratically elect one of their fellow employees to represent their health and safety concerns.

(6) It shall be the duty of every employer to consult any such representative with a view to the making and maintenance of arrangements which will enable him/her and his/her employees to cooperate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.

Employers must consult with the chosen representatives with regard to all health and safety arrangements. This includes any time when new policies are created or existing ones updated. Health and safety reviews should regularly take place and the employees representatives will be part of this process.

(7) In such cases as may be prescribed it shall be the duty of every employer, if requested to do so by the safety representative mentioned in subsections (4) and (5) above, to establish, in accordance with regulations made by the Secretary of State, a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his/her employees and such other functions as may be prescribed.

When one of the employees representatives requests, employers must establish a committee to review health and safety measures. This will establish whether these measures are being used and make sure they are effective and fit for purpose.

Beatrice Sareen (c)