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Original Message Added : 13 May 2010
 
Hi all

I have just been having a discussion with some members who run their own businesses regarding what they thought was acceptable under the Health and safety laws. The HSE has worked hard to help SME's (small companies) by providing help, support & documentation etc, so that they don't have to spend a lot of their hard earned income on employing consultants (like me !), they have reviewed and simplified a lot of documentation to make it easier to comply.

But it seems that a minority of employers are still unaware of their legal requirements.

Have any of you employers, any stories of questions that may be of help to others !!.

It is important to remember that because the HSE has put so much time and effort in making it easier for employers to comply, that if an employer is found to be non compliant the fines have been increased to reflect the seriousness of the non compliance.

Chris

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Chris JonesChris Jones from
Chris Jones Consultancy
Location :St. Asaph
Joined : 06 August 2008
About :Health and Safety Expert
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Reply : 13 May 2010
 
Hi chris

i would be interested to know, without Googling for it

is there a list of health and safety regulations designated for each industry the variants from company to company must be huge!

IE, if you are running a small engineering company with working machinery.

Compared to 

a business running three market stalls be expected to meet the same regulations.?

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lightweight moverslightweight movers from
Lightweight Movers
Location :Gatwick
Joined : 28 October 2009
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Posts :497  ( 122)
Reply : 13 May 2010
 
Hi - there are regulations that apply more to one type of industry than another, e.g. the DSE (display screen regulations 1992), would apply more to an office environment rather than a heavy engineering workshop, although the DSE assessments would apply for any office staff within that company who is designated as a DSE user.

The high risk areas would be the machinery which comes under PUWER (Provision and Use of Work Equipment Regulations 1998) so this is where you would concentrate on making sure systems are in place with regard to risk assessments, method statements, machinery safety checklists, planned maintenance programme etc, before concentrating on the lower risk areas. you would also have to consider COSHH, Noise, PPE, amongst other assessments as well.

But in a nutshell, the law is the same whether it be a sweet shop with one or two employees, or a factory with 200+ employees:

All employers have to assess risks at work

Employers with 5 or more employees need a written health and safety policy, under 5, the policy can be verbal but still needs to be communicated to employees

Employers with over 5 employees have to record the significant findings of their risk assessments, under 5 the employer still has to carry out the assessment. Remember you might at some time have to prove that you have carried out risk assessments, and in my opinion the only way to do this is to write them down !!.

Once you start looking into what is required depending on the organisation, the more daunting it seems. But my advice is always to take your time and concentrate on high risk areas first, once you are confident that you have done as much as is practicable you can then move onto the lower risk areas.

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Chris JonesChris Jones from
Chris Jones Consultancy
Location :St. Asaph
Joined : 06 August 2008
About :Health and Safety Expert
Contact :Send Private Message
Posts :15  ( 9)
Reply : 14 May 2010
 
Hi all

thanks chris, for the clarification, if an employer has carried out a risk assessment to cover the most obvious possibility's of an accident and then a employee finds a new way of chopping off a finger or putting his or her tongue in a electrical socket

would the employer be responsible for neglect of not recognising that risk, or would the employer be found to have made a reasonable assessment with all employee's informed and warned of such risks and therefore exonerated from liability..?

does a general. public liability insurance policy cover such an event.? i am sure many sole traders from time to time need a little extra help by way of casual labour/occasional part time workers

in the event of such a person having a mishap is it a requirement of law to have employers Insurance or are they covered by a (general public liability insurance policy)..?

and such a case be found to be self harmed through what misconduct....?

in the event of a accident, what degree of harm should the HSE be informed to investigate..?

lightweight moverslightweight movers from
Lightweight Movers
Location :Gatwick
Joined : 28 October 2009
Contact :Send Private Message
Posts :497  ( 122)
Reply : 14 May 2010
 
In answer to your question, if an employee goes out of their way to cause accidents to themselves or others, they are contravening the employee responsibilities under the HASAWA 1974 & likewise should be classed as gross misconduct and dealt with accordingly be their employer. PLI (Public Liability Ins) is just that !!, insurance to compensate members of the public, ELI (Employer Liability Ins) is the legal requirement for employers.

I have attached a link for you to familiarise yourself with the accident reporting regulations.

http://www.hse.gov.uk/riddor/

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Chris JonesChris Jones from
Chris Jones Consultancy
Location :St. Asaph
Joined : 06 August 2008
About :Health and Safety Expert
Contact :Send Private Message
Posts :15  ( 9)
Reply : 14 May 2010
 
Hi chris

Thanks again for the intel, useful advise, with plans to develop my business over the next three years or so, that will Give me grounds to be a lot more aware of H & S

i will certainly take on board your good advise and implement it as the business grows, you have been saved to favourites!. i am sure other sole traders will also appreciate your efforts on free index

Kind regards

Phil

 Lightweight Movers

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lightweight moverslightweight movers from
Lightweight Movers
Location :Gatwick
Joined : 28 October 2009
Contact :Send Private Message
Posts :497  ( 122)
 
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