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The Health and Safety at Work etc Act 1974 applies to all workplaces, whatever their size or business, and to everyone at work, employers, directors, employees, trainees and the self-employed (only domestic servants are excluded).
The Act requires employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees and anyone else who may be affected by their work (for example sub-contractors and the public). This requires that employers balance the risks to health and safety against the sacrifices (financial or otherwise) involved in taking action to guard against them. If you are in any doubt about safety precautions you should read this booklet, study the recommended publications and consult any guidance from your own trade associations. You may also seek advice from the Council's Officers.
Under the Act, employees must also take reasonable care of themselves and anyone else who may be affected by their activity, although the principal duties remain with their employer to provide equipment, training, supervision and information so as to make this possible. The self-employed have similar duties. Responsibility is also given to manufacturers, suppliers and importers of products for use at work to ensure that they are safe to use.
Other laws apply to particular equipment, processes, working environments and work places and these are referred to throughout the handbook under the appropriate subject headings.
Six sets of regulations first became operative on the 1 January 1993 in line with the European Community directives, each accompanied by an Approved Code of Practice or Guidance Booklet explaining the requirements in each case. These regulations are as follows:
The role of the enforcement officers is not just to check that people are fulfilling their duties under Health and Safety Legislation but to help prevent accidents and ill health at work.
Oldham Council has shifted the emphasis away from that of pure law enforcement, towards facilitation and education. Therefore, the council tries to provide information, guidance, education and encouragement to businesses to enable legal duties to be met more readily and also wherever possible, to overcome the need to take enforcement action.
However, if the circumstances warrant it, prosecution may be instigated without prior warning and without recourse to alternative sanctions.
Inspectors usually visit workplaces, without prior notice although appointments are sometimes made in certain circumstances. In case of any doubt all inspectors carry means of identification which you are entitled to see. Inspections might be routine, the result of an accident or complaint or part of a special survey. During a visit inspectors are legally entitled to talk to employees, and safety representatives, take photographs, measurements and samples, and can seize substances or equipment. They have rights of entry and are entitled to assistance and to be given answers to questions they might ask. Inspectors will also request to see all relevant safety documentation, for example safety policy, risk assessments, test reports and accident books. At the end of the inspection of the workplace, the inspector will inform a business what further action, if any, is to be taken.
If something is found to be wrong at a workplace, inspectors may choose to resolve the matter by giving verbal advice. In most cases, however, the inspector will write to the business listing contraventions of the legislation which must be remedied. The letter should make clear what needs to be done, why, within what period and what law applies. Advice on good practice may also be given. If there is a matter which is a legal contravention and which requires improvement, the inspector may also serve an improvement notice requiring specific improvements within a specified period of time.
However, if there is a serious danger, an inspector may serve a Prohibition Notice, which prohibits the use of a process or equipment - immediately if necessary.
For further information regarding what to expect from our staff during and after a visit please refer to our Enforcement Policy.
Should you require any further information or should you wish to contact a member of the Health and Safety team, contact us at:-
Chadderton Town Hall
Middleton Road
Chadderton
Oldham
OL9 6PP
Telephone:0161 770 4484
Fax:0161 770 4500
Email: environmentalhealth@oldham.gov.uk
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