Member advice on Health and Safety at Work

...my first attempt at a member advice opinion. Health & Safety is almost a taboo subject in many workplaces but it is one of your basic rights as an employee to be provided with a place in which to work that is safe. It is also your responsibility as an employee to ensure that any problems relating to health & safety are reported to the relevant person.

I would like to start by stating that I have completed health and safety work as ...
...are tested annually. If a member of staff doesn’t meet the required standard, that person is booked onto a refresher course.

The generalised statement of your rights is, An employee has the right to work in a safe environment and that any toxic materials are stored in a reasonable way in order to minimise any risk to health. You will hear the word reasonable quite a lot because there are many points of health and safety that ... more

This is my first attempt at a member advice opinion. Health & Safety is almost a taboo subject in many workplaces but it is one of your basic rights as an employee to be provided with a place in which to work that is safe. It is also your responsibility as an employee to ensure that any problems relating to health & safety are reported to the relevant person.

I would like to start by stating that I have completed health and safety work as part of my training for Audi and worked to NVQ level 3. This should hopefully reassure you that I am talking with at least some experience of the subject. My work also requires that I am fluent in health and safety procedures that are tested annually. If a member of staff doesn’t meet the required standard, that person is booked onto a refresher course.

The generalised statement of your rights is, An employee has the right to work in a safe environment and that any toxic materials are stored in a reasonable way in order to minimise any risk to health. You will hear the word reasonable quite a lot because there are many points of health and safety that cannot be made 100% risk-free. For this reason, an employer has to take all reasonable steps to ensure that any risk is reduced to the minimum.

There are also responsibilities when talking of health and safety. This is a generalised statement of your responsibilities. It is an employee’s responsibility to ensure that he/she takes all reasonable precautions to ensure their health and safety. It is also an employee’s responsibility to report matters of health and safety to the relevant health and safety representative (If you do not know who this is, ASK! It is a legal requirement for a company to have a person who is responsible for health and safety).

I hope you are still with me after seeing the word legal. What IS the health and safety law?

I am talking about the HEALTH AND SAFETY AT WORK ACT (1974).

This act applies to ALL work premises and activities. It includes ALL employees, supervisors, managers, etc. After making the general statements, here is a more concise run down of responsibilities under the act.

1) EMPLOYER’S RESPONSIBILITIES:

A) Ensure the safety, health and welfare of employees.
B) Consult employees on health and safety matters.
C) Appoint safety representatives.
D) Establish a safety committee.
E) Publish a written health and safety policy.

2) EMPLOYEE’S RESPONSIBILITIES:

A) Take reasonable care.
B) Co-operate with employer on health and safety issues.
C) Have a duty not to misuse anything provided for health and safety purposes.

1A is pretty self-explanatory.

1B is an interesting point. I would guess that a large number of people who read this opinion have not attended a health and safety meeting at their current workplace. This is not a necessity but is thought of as the best way of discussing health and safety. To consult employees means that an employer should talk to staff members regularly and check that health and safety standards are being maintained. This could even be something as simple as asking an employee if there are any broken plugs on equipment. It requires a bare minimum of showing an interest in the health and safety of the employees.

1C is something that often goes amiss. A Company is required to appoint a person who will act as the focus for health and safety. This person is the one who other workers approach with concerns about health and safety. I would say that half of the places I have worked in have not had a health and safety representative. The main reason for this person is to take away the worry of approaching the boss about health and safety. When you go into work, ask the manager who the health and safety representative is. It is worth bringing this up because in the event of an accident, the manager will be asked who is responsible for health and safety. If there is no health and safety officer, the manager can be prosecuted. If no one is able to carry out this task, it may be worth asking if the Company will send you on a health and safety course. It is good for the Company (sometimes there are insurance discounts if there is a qualified health and safety representative) and I’m sure a qualification would be good for you.

1D is aimed more at larger Companies. This is where a group of employees are appointed to oversee health and safety.

1E is possibly the most important point of all. You should have been given one of these within a couple of weeks of your start. If you do not have a booklet for the Company’s health and safety policy, you must ask for a copy. You are not insured in the case of an accident if you have not been furnished with a copy. If you have a copy, please ensure that you have read it. It will seem boring but at least you know where you stand and what is expected of you.

2A is another self-explanatory one. In basic terms, don’t run around or act like an idiot. This covers the employer against liability. For instance, if an employee throws an item to another employee and it hits the other person in the head because they cannot catch, the employer can say that the employees were not taking reasonable care if the employee tries to claim against the Company.

2B is vital. If your boss asks you to wear steel toe capped boots, do it. I’ve seen a couple of people who thought that the boots looked horrible end up dropping a gearbox on their feet. If they had just worn the boots, they would not have broken toes. The statement also means that if you see that the flex on the kettle is damaged, tell the representative. If you don’t point out problems, they cannot be fixed.

2C is very relevant to my trade (motor vehicles). The best example I have is not to use the carbon-dioxide fire extinguisher to cool down a can of coke. There was a small fire in the workshop but the closest extinguisher was empty. In the time it took to get the next nearest extinguisher, more damage was done.

That is the basic concept of health and safety. You can go a lot deeper but the best thing you can do if you are interested, is go and get a book. There are many books available that will suit all experience levels. I have looked at a couple of “health and safety in plain English” type books. I am now starting to read through a chunky, technical type book.

You should not be afraid of approaching your boss to talk about health and safety. Many people are scared that their boss will sack them if they say that something is wrong. This will not happen for two reasons. Firstly, if a potential accident can be avoided, it is beneficial to the manager due to saving on paperwork. Secondly, the manager cannot sack someone for highlighting problems. You would be in a very strong position on the grounds of wrongful dismissal. Due to the fact that it is in the H&S at work Act, You would be breaking the law by not reporting a health and safety risk

I am quite happy to approach my manager or the health and safety representative about any concerns. I feel that it is not just my safety that matters, but a potential hazard to me is also a potential hazard to colleagues. The whole point of the H&S at work Act (1974) is to ensure that everyone makes a collective effort to make the whole workplace as safe as it can be.

Another thing that comes under the employee responsibilities is the use of common sense. For instance, if you see some rubbish on the floor, pick it up and bin it. The chances are that the next person to walk past would have slipped on it. On my training course, this came under good housekeeping in the workplace rather than the H&S at work Act, which is why I have only touched on this as a common sense example. If an item has fallen off a shelf put it back, as no doubt someone will end up tripping over it and hurting himself if you don’t.

Health and safety is based on a combination of reason and common sense. It is likely that 99% of accidents at work could be avoided if more thought had been put in beforehand. Think about this and then implement the knowledge. If you make use of just one part of this opinion that could help prevent an injury to someone, I will feel that it was worthwhile. Even if this only prompts you pick a stray object off the floor or to read through your Company handbook.

Thanks for reading.

ps. I will state again that you CAN be prosecuted for NOT reporting a health and safety matter. You have as much of a legal responsibility as your employer to ensure that the workplace is safe. Don't be caught out. 

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