Legal requirements under the Health and Safety At Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999
What does the act require the employer to comply with if they employ more than 5 people?
Section 2(3) of the H&S at Work etc Act 1974 states:
It shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his/her general policy with respect to the health and safety at work of his/her employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all his/her employees.
Legal Considerations
The Health and Safety at Work etc Act 1974 places a general duty on employers to ensure the health, safety and welfare of employees. The possible consequences of failing to comply with health and safety legislation, approved codes of practice, guidance notes and accepted standards, plus other relevant legislation in areas such as fire prevention, environmental, pollution and products liability, will have a negative impact on organisations. Loss may result from the preventative (enforcement notices), punitive (criminal sanctions) and compensatory effects of law.
The Law also requires Organisations to carry out Risk Assessments
Section 3 of the Management of Health and Safety at Work 1999 Regulations
Requires employers and self-employed to assess the risks to which their employees are exposed and the risks to non-employees created as a result of the way in which they carry out their undertakings. These are general assessments and are applied to all work activities, regardless of any legal or other requirements for specific risk assessments.
The overall purpose of a risk assessment is to identify the measures needed to be taken to comply with the requirements and prohibitions imposed by and under the relevant statutory provisions.
What is required by the Act pertaining to Risk Assessments?
In short, the legal requirements under the Management of Health and Safety at Work Regulations 1999 require:
That particular emphasis is placed on assessment of risks: