Health and Safety and The Law

The contents of this frame are a direct extract from the HSE website at http://www.hse.gov.uk/legislation.htm and are therefore crown copyright any use of this information should only be under the copyright terms laid down for its use.

Employers' Legal Duties (First Aid)

The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate equipment, facilities and personnel to enable first aid to be given to employees if they are injured or become ill at work. These Regulations apply to all workplaces including those with five or fewer employees and to the self-employed. Detailed information can be found in the Approved Code of Practice and Guidance: First aid at work. The Health and Safety (First-Aid) Regulations 1981 L74.

What is adequate will depend on the circumstances in the workplace. This includes whether trained first aiders are needed, what should be included in a first aid box and if a first aid room is needed. Employers should carry out an assessment of first aid needs to determine this.

The Regulations do not place a legal obligation on employers to make first aid provision for non-employees such as the public or children in schools. However, HSE strongly recommends that non-employees are included in a first aid needs assessment and that provision is made for them.

Assessment of first aid needs

Employers are required to carry out an assessment of first aid needs. This involves consideration of workplace hazards and risks, the size of the organisation and other relevant factors, to determine what first aid equipment, facilities and personnel should be provided.

First aid at work: your questions answered
This free HSE leaflet contains a useful checklist covering the points employers should consider when carrying out the assessment.

Application of the Health and Safety (First-Aid) Regulations 1981 to self-employed workers

If you are self-employed, you are required to ensure you have adequate equipment to provide first aid to yourself while at work.

You must make an assessment of the hazards and risks in your workplace and establish an appropriate level of first aid provision. What this means in practice is that if you work in a low hazard activity, eg clerical work at home, a normal domestic first aid box would be adequate. If your work involves driving long distances or you are continuously on the road, the assessment may identify the need to keep a personal first aid kit in your vehicle.

Many self-employed people work on mixed premises with other self-employed or with employed workers. Although you are legally responsible for your own first aid provision, it is sensible to make joint arrangements with the other occupiers and self-employed on the premises. This would generally mean that one employer would take responsibility for first aid cover for all workers on the premises. HSE recommends there is a written agreement for any such arrangement.

The contents of this frame are a direct extract from the HSE website at http://www.hse.gov.uk/firstaid/legislation.htm and are therefore crown copyright any use of this information should only be under the copyright terms laid down for its use

Employers duties (Health and Safety)

Health and safety law says:

employees must be trained and clearly instructed in their duties;
employers and host companies must ensure contractors are properly trained to work safely.

Everyone who works for you, including self-employed people, needs to know how to work safely and without risks to health. So you need to train them to be sure they know what hazards and risks they may face, how to deal with them and any emergency procedures. Health and safety training should take place during working hours and must not be paid for by employees.

Some employees may have particular training needs, for example:

new recruits;
people changing jobs or taking on extra responsibilities;
young employees who are particularly vulnerable to accidents;
health and safety representatives.

You need to make sure that new, inexperienced or young employees are adequately supervised.

It is important that you keep records of all training to show that it is being carried out and so you can see when it might need to be repeated. You should consult workers or their representatives to make sure training is relevant and effective.

Training should be repeated from time to time if the work it relates to is only done occasionally. For example, if someone fills in for someone else when they are away; a process is not often done; or emergency procedures.

Employers

Employers are responsible for protecting the health and safety of their staff and other people, such as customers and members of the public, who may be affected by their work.

In general, employers must:

make the workplace safe and eliminate or control risks to health;
ensure plant and machinery are safe and that safe systems of work are set and followed;
ensure articles and substances are moved, stored and used safely;
provide adequate welfare facilities;
give workers the information, instruction, training and supervision necessary for their health and safety;
consult workers on health and safety matters.

Directors and leadership

Successful health and safety requires leadership from the top.

Workers

Workers, too, have a responsibility to take care of their own health and safety and that of others who may be affected by their actions. Health and safety legislation, therefore, requires employers and workers to co-operate.

In general, workers must:

take reasonable care for their own health and safety and that of others who may be affected by what they do or do not do;
co-operate with their employer on health and safety;
correctly use work items provided by their employer, including personal protective equipment, in accordance with training or instructions; and
not interfere with or misuse anything provided for their health, safety or welfare.

Health and safety representatives

The law recognises the roles of both trade union-appointed safety representatives and representatives of employee safety elected by the workforce.

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