SECTION 2 - HEALTH AND SAFETY RESPONSIBILITIES

Transcription

1 SECTION 2 - HEALTH AND SAFETY RESPONSIBILITIES 2.1 General Health and Safety Legislation defines various levels of responsibility for Workman LLP as well as the individuals within it. The following responsibilities have been allocated by Management to job holders within the organisational structure of Workman LLP. Management retain the overall responsibility to ensure that employees fully understand and comply with their duties imposed by Legislation. The Main Responsibilities contained within the Health and Safety at Work etc. Act 1974 (HSWA 1974) are stated below. The Partners have the primary responsibility to ensure the Health and Safety of all employees whilst they are at work. Workman LLP accepts this principle and will manage its activities accordingly. Section 2(3) of the (HSWA 1974) places a legal duty on a company to have in place a written statement of general policy. This document should identify the arrangements a Company has in place to ensure the Health and Safety at Work of all its employees, together with others who may be affected by its undertaking. It is the responsibility of the Health & Safety Director to: Ensure that this Policy is regularly reviewed and updated when changes occur in legislation, operations and/or activities. Notwithstanding this, the Policy shall be reviewed at least annually. Ensure employees are made aware of this policy document when they join the organisation. Ensure changes and/or amendments, to any supporting health and safety information, are brought to their attention of employees through the appropriate consultation process. 2.2 Specific Responsibilities Section 2(2) a. of the (HSWA 1974) requires plant and systems of work that are, so far as is reasonably practicable, safe and without risk to the health and safety of all employees. It is the responsibility of the Workman LLP management to ensure that tools, equipment, plant and systems of work are safe, and that individuals required to use or operate tools, equipment, plant and systems of work are trained and competent to do so. Elements of this function are further delegated to the site managers and surveyors. Section 2(2) b. requires that arrangements for ensuring, so far as is reasonably practical, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances. It is the responsibility of Workman LLP management to ensure that employees required to use, handle, store, or transport, articles and/or substances, in connection with their daily employment, have been properly trained in these activities, to enable them to perform these tasks safely and without risk to health. Section 2(2) c. requires that employers provide such information, training as is necessary to ensure, so far as is reasonably practical, the health and safety at work of his employees.

2 It is the responsibility of the Workman LLP management to ensure that employees carry out their work in the correct and safe method, as is detailed in any safe systems of work developed for that purpose. This includes the issue of personal protective equipment (PPE), supplied by the organisation, that may be necessary for ensuring employee safety, with the insistence that it is worn at all times when appropriate. The management responsibility for co-ordinating training activities is allocated to the Human Resources department, Health & Safety department and Workman LLP training consultant, who organises training as and when requested by the departmental managers. 2.3 Management of Health & Safety at Work Under Regulation 3(1) of the Management of Health & Safety at Work Regulations 1999, employers have a duty to make a suitable and sufficient assessment of the risks to the health and safety at work of employees of Workman LLP. These risk assessments must be recorded in writing and employees notified of the significant findings. Management have the responsibility to action any points that arise to reduce any identified risks to an acceptable level, preferably by elimination. Where this is not practicable then formal suitable and sufficient safe systems of work, including, where appropriate, the use of personal protective equipment, will be implemented following the provision of adequate and documented training. It is responsibility of the Health & Safety Director to ensure that risk assessments are conducted in respect of the activities undertaken in line with company business. Regulation 5 of these Regulations requires the provision by the employer of appropriate health surveillance, identified as being necessary by relevant risk assessments. Regulation 7 requires employers to establish and give effect to procedures to be followed in the event of serious and/or imminent danger to persons working in their undertaking and others who may be affected by any such event/emergency The Fire Precautions (Workplace) Regulations 1997, requires employers to conduct a fire risk assessment of the workplace. Accordingly the responsibility for this function has been accepted by the Health & Safety Director, although elements of this may be further delegated within Workman LLP management as required. The Health & Safety Director has accepted the responsibility to ensure that accident/injury records are regularly reviewed and statistics are updated. Where applicable any adverse trends are to be brought to the attention of respective members of management Young Persons - From the 3 March 1997, employers may not employ any young person under 18 without first reviewing their risk assessments to determine the particular risks facing young persons in the light of their relative immaturity, lack of experience and unfamiliarity with the workplace. When doing this Workman LLP will take account of the fitting and layout of the workplace, relating to the machinery, plant and equipment in use. In addition, consideration will be given to the risks that young persons are likely to face, including the amount of training they can expect to receive, before they are put to work. The responsibility to undertake risk assessments in relation to young persons has been allocated to the Health & Safety Director.

3 2.3.4 New or Expectant Mothers - A general risk assessment is required to be carried out by the Health & Safety Director, which will include an assessment of the risks to the health and safety of new or expectant mothers, taking cognisance of their working conditions, the type of work in which they are involved and any environmental conditions to which they are exposed i.e. noise, cold, heat chemicals, biological agents, etc. The responsibility to undertake risk assessments in relation to the health and safety of new and expectant mothers has been allocated to the site or department managers. 2.4 Employees Responsibilities All employees have several duties under health and safety legislation, as detailed below: Health and Safety at Work etc. Act 1974 Section 7 It shall be the duty of every employee while at work (a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work ; and (b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with. Section 8 No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. Management of Health & Safety at Work Regulations 1992 Regulation 12 To use all and everything provided for his use in accordance with any training or instructions given. To inform his employer or any other employee of anything which could be considered as representing a serious or immediate danger to health and safety. To inform his employer of any shortcomings in respect of the protection arrangements for health and safety. Personal Protective Equipment at Work Regulations 1992 Regulation 10(2) Every employee shall use the personal protective equipment provided to him in accordance with any training or instruction provided by the employer. Regulation 10(4) Every employee provided with personal protective equipment shall take reasonable care of it and return it to the appropriate accommodation provided. Regulation 11 Every employee provided with personal protective equipment shall report to his

4 employer any loss or obvious defect in that equipment. Manual Handling Operations Regulations 1992 Regulation 5 Each employee whilst at work shall make full and proper use of any safe system of work provided for his use in compliance with these regulations. Social Security (Claims and Payments) Regulations 1979 Any person incurring an injury or ill-health effect whilst at work no matter how small must ensure that an appropriate and accurate record is made in the accident/incident report book The Health & Safety Director and Workman LLP management will ensure that all employees are informed of these duties and, under section 2(2)c of the Health and Safety at Work etc. Act 1974, provide sufficient information, instruction, training and supervision to ensure the safety of employees. 2.5 Health and Safety Policy Arrangement Requirement for health and safety policy Section 2(3) of the Health and Safety at Work etc. Act 1974 places a legal requirement on to produce a written, general policy with respect to the health and safety of persons connected with our operations. This includes the arrangements currently in place for carrying out that policy. This policy document is updated and amended as and when changes in Legislation or working practices demand and a policy review will be undertaken at least once in every twelve month period Health Surveillance Workman LLP will so far as is reasonably practicable monitor the health of employees, the need to provide individual Health Surveillance will be determined by line/departmental management through general observation and informative knowledge Information, Instruction, Training and Supervision It is the practice of Workman LLP to give as much information, instruction, training and supervision as possible to our employees in order to ensure that they are properly equipped to carry out their respective tasks safely. Employees will receive instruction in the safety aspects of situations that they may come across in their daily work and the actions to take should they encounter a health and safety hazard or risk to themselves and anyone else Induction Training This Health and Safety Policy and its associated documentation forms the initial part of our induction training. All new employees will receive training about the Health and Safety Policy when Induction training will cover the operational and welfare arrangements of the tasks that employees are expected to carry out with particular emphasis on health and safety practices.

5 All aspects of our fire arrangements will be explained, including the fire procedure and relevant fire precautions for Workman LLP, as well as any specific fire arrangements relative to the employees place of work. Training and instruction will be given in the operation and use of fire extinguishers and other fire fighting equipment that is available for use. This training will also include the means of raising the alarm as well as the procedures to adopt in order to evacuate to a place of safety Refresher Training All employees will undergo periodic refresher training in the content and the requirements of our Health and Safety Policy and supporting arrangements Supervision It is the practice of Workman LLP to supervise its employees adequately and take whatever action is required to ensure compliance with the requirements of relevant legislation, approved codes of practice (ACOP) and industry guidance Employee Notification and Consultation Employees of Workman LLP will be made aware of any amendments to our Health and Safety Policy and/or associated documentation. This will be achieved by additional training or memo circulation, depending upon which is the most appropriate means. Acknowledgement will be required from all personnel, to identify that they have been made aware of any such changes. Workman LLP, where practicable, will endeavour to inform its employees of any matters affecting their health, safety and/or welfare; such dissemination may be by direct communication, or through workplace representatives. The Workman LLP Health and Safety Committee will meet on a 2 Month basis to progress Health & Safety awareness and conformance. Should an employee wish to raise an item for discussion at the Health and Safety Committee meetings, they must ensure that the Health & Safety Director for Workman LLP is notified well in advance as to the nature of the topic. This should ensure that appropriate resources and/or expertise will be made available to enable appropriate action to be taken. 2.6 Enforcement Notices, Penalties and Disciplinary Procedures Issue of Enforcement Notices Should Workman LLP be issued with any Enforcement Notice it must be brought to the immediate attention of the Partners and Health & Safety Director. Senior Management will then be required to take the appropriate action to comply with that notice Legal penalties Workman LLP are aware in that it has a duty to take action should it become aware of ANY health and safety problems, even if it is not directly responsible for that particular work, area or process. The penalties are higher for the body corporate and management but are nevertheless severe for any employee. ALL members of management and employees are at risk of prosecution by the enforcing authorities for failing in their statutory health and safety responsibilities. Magistrates Courts, or Sheriff's Courts in Scotland, may impose fines of up to 20,000 and/or up to 6 months imprisonment per offence, for breaches of the General Duties being sections 2 to 6 of the Health and Safety at Work etc. Act 1974

6 Offences tried on summary conviction in the Crown Court or High Court of Justiciary in Scotland may lead to unlimited fines and a prison sentence of up to 2 years per offence Potential Ultimate Outcomes The potential consequences arising from a breakdown in the safety management of Workman LLP may result in the injury and possible death of guests, contractors, visitors, tenants or members of the public. This may involve Workman LLP and/or its employees in criminal and civil litigation, as well as the consequences of moral and personal issues, adverse publicity, increased insurance costs and/or other associated losses arising from the situation. All of these may be of a direct, or indirect, nature which nevertheless require due consideration, when considering the various aims and objectives of the Workman LLP Policy Workman LLP Disciplinary Procedures It is a policy of Workman LLP to discipline those who do not fulfil their health and safety responsibilities adequately, following the receipt of comprehensible information, instruction and training, relative to their status within the Organisation. Workman LLP will not hesitate to impose strict disciplines on any employees, at any level, who fail in their responsibilities in respect of health and safety, even if those persons have been injured as a result of an accident caused by their own carelessness.