Health & Safety at Work

Health and Safety at work is an important topic that every employee and employer should take seriously. A surprisingly high proportion of people are injured in the workplace and the latest figures show that between 2008-2009, 180 people in the UK alone were killed at work. In addition to accidents in the workplace, a survey last year showed that 1.2 million people claimed that they were suffering from an illness that was either caused by or made worse through their employment.

Employers duties

Workers have a right to a safe working environment. It is the duty of employers to ensure they have access to this. Most employers’ responsibilities are set out in the Health and Safety at Work Act 1974. Employers by Law must do whatever is reasonably practicable to ensure safety for employees. There are many specific responsibilities that employers have in providing a safe work environment.

Firstly, there must be a dedicated individual with health and safety related responsibilities. This individual cannot be any person in the business, they must be deemed competent to fulfil this task. If you work in a small firm, the individual is likely to be one of the owners, in large businesses there will usually be a member of staff trained specifically in promoting and maintaining health and safety standards.

Secondly, employers must ensure that they have undertaken risk assessments. These are assessments put in place to try and identify possible health and safety hazards. If you work in a business that employs five or more people, the results of this risk assessment must be officially recorded. The company must also have an official health and safety policy to which every employee has access. You should be informed where this is kept.

You should be given information by your employer as to the risks that have been identified in your workplace. Your employer should also explain how they intend to protect you from these risks. In many cases it will be necessary for your employer to provide you with additional training when carrying out certain tasks. If you do not feel you are properly trained to carry out a potentially risky task, you have the right to raise this issue with your employer.

You also have a right to receive the Health and Safety training you require to do your job, free of charge. Your employer should be paying for all essential training costs. You should also receive the equipment and protective clothing you need to safely do your job, completely free. The equipment should be correctly looked after and be adequate in ensuring your health and safety. If you do not feel you have been given satisfactory equipment you should approach your employer.

Employers must also provide first aid facilities as well as toilets, drinking water and washing facilities. It is important that they have insurance to cover you in the event of an accident. The copy of the Employers Liability Insurance (ELI) certificate should be displayed in a place where all employees can easily find and read it.

What to do if you feel your employer is not following Health and Safety Laws

If you are not happy with the level of Health and Safety in your workplace, the first step you should take is to approach your employer’s health and safety representative. You should point out the areas of concern and ask for better equipment, training or whatever may be required in order to address the problem. If you are not happy with the response you get from your employer you can contact the Health and Safety Executive (HSE). You can find the Infoline number on HSE website. Your contact with the agency will be dealt with in confidence so you do not have to worry about any reprisals.

Employees responsibilities

Employees also have responsibilities in promoting Health and Safety in the workplace. Statistics show that workplaces in which employees are consulted on Health and Safety matters have the lowest rates of accidents. Employees often know best where the risks lie, as they do the job themselves. It is therefore best for both employers and employees to find joint solutions for problems. As a member of staff, you have certain Health and Safety responsibilities that you must follow. It is essential that you follow the training you have received correctly. You will otherwise be unlikely to be able to make a successful accident claim against an employer if you have failed to follow the procedures given in the training provided. One exception to this may be where the training provided has been insufficient. You must also take reasonable care over your own safety and that of others in the workplace. Finally, you must tell someone if you feel that the Health and Safety protection in place is inadequate. Although you may feel that you are causing problems, or being a nuisance, it is actually your legal duty to report any concerns to your employer.

Making a Claim

If you have had an accident at work, it may be that you can claim for negligence. Accident at work claims are made when an employee has suffered as a result of an accident that would not have occurred if the employer had fulfilled its health and safety duties.

Taking this action means that employers will be discouraged from ignoring or poorly implementing health and safety standards in the future. After a successful action, most companies will improve health and safety for other workers to avoid future issues. This impacts positively on the Health and Safety of everyone in the workplace, ensuring that a similar accident is unlikely to happen again.

You can make a claim any time up to three years after the accident occurred. You can either progress the claim through a trade union if you belong to one, or through a lawyer. You can find a No Win No Fee specialist personal injury solicitor to assist you with this type of claim. Your employer should have insurance to pay for the costs of any claim. If your claim is successful you will receive a sum of money which is essentially intended to put you back in the position you were in before the accident, compensating you for any losses you may have sustained as a result of an employer’s negligence.