Health and Safety: Your Legal Rights and Responsibilities

When appointing members of staff it is essential to ensure they meet the requirements of the tasks they are employed to undertake.  A level of competency is essential to not only complete the job accurately and at a reasonable pace but to also remain in line with Health and Safety guidelines.

Within the motor retail industry, health and safety is a key consideration for staff and employers alike. Employing people who are competent will reduce the risk of health and safety guidelines being breached. A fact which will allow employers to breathe a sigh of relief.

i. Abrasive Wheels Regulations 1970
Only persons who have been properly appointed can mount wheels of specified classes and descriptions used for any grinding or cutting operation. This person must be issued with a certificate and a record of the Appointees and the class/description of the abrasive wheels covered by the appointment must be kept on a prescribed form (Form 2346).

ii. Health and Safety (First-Aid) Regulations 1981
Employers must provide an adequate number of suitably trained and qualified persons to render first aid to employees. The latter must be notified of all appointments made for the provision of first aid and the personnel appointed.

iii. Management of Health and Safety at Work Regulations 1999
An employer must appoint one or more competent persons to assist with measures to comply with the relevant statutory provisions (see above). Competent persons should have access to relevant information and have sufficient training and experience. Where 5 or more people are employed the appointment should be recorded.

The Health and Safety Information for Employees Regulations 1989 require employers to either display an approved poster, or issue an approved leaflet to all employees (available from HSE).

This poster/leaflet focuses on the modern framework of general duties, supplemented by the basics of health and safety management, including risk assessment and employee involvement.

There are spaces for inserting details of trade union or other safety representatives; one for competent persons appointed to assist with health and safety and their responsibilities, as well as the name and address of the enforcing authority and the nearest Employment Medical Advisory Service.

The employer is responsible for entering this information. The poster/leaflet currently in use is the 1999 edition.

The kind of information to be provided under the other Regulations described above is as follows:

i. Management of Health and Safety at Work Regulations 1999
For their own employees, employers must inform them of

• Any risks identified under the risk assessment

• Preventative and protection measures which are necessary

• Procedures to be followed in the event of serious and imminent dangers

• Who are competent persons

• Any risks notified by other employees.

The employer must also provide information to other people who may be on his/her premises e.g.

• Any risks to health and safety arising from his/her premises

• To enable them to identify who are the competent persons

• Any special occupational qualifications or skills that are needed to work safely.

• Any health surveillance required.

i. The Manual Handling Operations Regulations 1992
Employers must inform their employees who are undertaking manual handling operations of the following:

• General indications and where reasonably practicable precise information on the weight of each load and its heaviest side

• How to handle utility items

• Any other details to help them handle loads without endangering their safety.


i. Personal Protective Equipment at Work Regulations 1992
Employers must give employees such information as is adequate and appropriate on:

• The risks the personal protective will avoid or reduce

• The purpose and manner of use of the equipment

• Any action to be taken by the employee in using the equipment safely.

i. Health and Safety (Display Screen Equipment) Regulations 1992
The employer must give his/her employees who are “users” of display screen equipment information on:
All aspects of health and safety relating to their work situations

• measures which must be taken to reduce risks identified in the risk assessment, the need to take adequate breaks, the right to free eye tests and the training which will be provided.

The employer must also provide similar information to self-employed people, or “users”, employed by other employers who are working on his/hers premises except for information on eye tests.

i. The Provision and Use of Work Equipment Regulations 1998
The employer must provide employees working with such equipment and also those who supervise or manage such employees, the following information:

• Adequate health and safety information including, where appropriate, written instructions pertaining to the use of such equipment.

• Conditions and methods of use especially in abnormal situations, which might affect the safe use of such equipment.

• Guidance that will help to prevent access to dangerous parts of machinery.
Similar information must be given to self-employed people or other workers working on the employers’ premises.

i. The Noise at Work Regulations 1989
The employer must provide his/her employees who are likely to be exposed to noise levels of 85dB or above, information on

•Risk of damage to hearing

• What steps can be taken to minimise such risks

• Steps that the employee must take in order to obtain personal ear protection

• Employees obligations to obey lawful; instructions aimed at protecting their hearing.

i. COSHH Regulations 1999
The employer has to provide such information, instructions and training as is suitable and sufficient about the risks and precautions to be taken arising from the substances used, including

• Results of any monitoring

• Information on health surveillance.

Similar information must be provided to self-employed persons and other workers working on the employer’s premises.

i. The Control of Asbestos at Work Regulations 1987
The employer must provide adequate information, instruction and training for all employees who are liable to be exposed to asbestos so they are aware of risks/precautions to be taken.

ii. The Control of Lead at Work Regulations 1980
The employer must provide adequate information, instruction and training for all employees who are liable to be exposed to lead. This is so they are aware of the risks and the precautions to be taken.

iii. The Health and Safety (First-Aid) Regulations 1981
Employers must inform employees of the arrangements that have been made in connection with the provision of first-aid, including the location of equipment, facilities and the names of first-aiders.

Whilst Health and Safety precautions, procedures and assessments are essential, they are wasted unless they are communicated. Communication of risk, precaution and procedure are an integral and essential part of any Health and Safety system.

i. Management of Health and Safety at Work Regulations 1999
Adequate health and safety training is required in the following circumstances

• On recruitment

• On being exposed to new/increased risks

• On transfer/change of responsibilities

• When new work equipment, new technology and new systems of work are introduced.

It is also required for employees who have access to any area, which is subject to restriction. Adequate instruction must also be given on evacuation procedures to all members of staff.

i. Personal Protection Equipment at Work Regulations 1992
Adequate and appropriate training is required about the risks the PPE will avoid/limit; the purpose of Personal Protection Equipment, and the action to be taken by the employee.

ii. Health and Safety (Display Screen Equipment) Regulations 1992
Employers shall provide adequate health and safety training in the use of the employees’ work-stations to the following:

• Employees who are “users” on the date of coming into force of the Regulations

• Employees about to become “users”.
When the organisation of employees’ work-stations is substantially modified further health and safety training is necessary.

i. Provision and Use of Work Equipment Regulations 1998
All persons who use work equipment must receive adequate health and safety training on the following:

• The methods, risks and precautions in using work equipment

• On the access to dangerous parts of machinery

• On written instructions concerning the conditions, methods, abnormal situations and anything else associated with the use of the equipment.

For persons designated to undertake repairs, modifications, maintenance etc. Adequate training must be given relating to operations.

i. The Woodworking Machines Regulations 1974
No one should be employed on woodworking machines unless they have been given suitable training and instruction, which should include the dangers and use of guards, unless adequate supervision is provided.

People under 18 years of age are prohibited from the use of such machines until they have completed approved training courses.

ii. The Abrasive Wheels Regulations 1970
No one shall mount any abrasive wheel until

• Trained in accordance with the Act’s specific schedule

• They are competent to carry out their duties and have been appointed by the factory occupier.

i. Health and Safety (Safety Signs and Signals) Regulations 1996
Every employee must receive suitable and sufficient instruction and training in the meaning of safety signs and the measures to be taken in connection with safety signs.

The legislation applicable to the retail motor industry which lays down notification requirements are described below:

i. Petroleum-Spirit (Motor Vehicles etc.) Order 1920
Any one keeping petroleum-spirit for use in internal combustion engines but not for sale must send written notification to the local authority every year where up to 10 litres is kept in vessels.

ii. Factories Act 1961
Where the occupier of a factory (e.g. workshop) employs young persons in the factory he/she shall, no later than 7 days after the beginning of employment, send a written notice to the local careers office. It should include the name of the occupier, postal address of the factory and particulars of the young person. The latter is relevant to anyone under the age of 18 years.

iii. Offices, Shops and Railway Premises (Hoists and Lifts) Regulations 1968
Where an examination shows that a lift cannot be used with safety the person who authenticates the record shall notify the enforcing authority within 28 days.

iv. Fire Precautions Act 1971 & Fire Certificates (Special Premises) Regulations 1976
The Health and Safety Executive must be notified in writing by the responsible person when it is proposed to make any material changes which will affect any of the matters specified or referred to in a fire certificate.

v. Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
Written notification to the appropriate enforcing authority (e.g. HSE or Local Authority) must be given for all fatal, major and other accidents or diseases which causes a person to be off work for over three days.

Fatal and major accidents should be reported immediately by the quickest practical means and a written report provided within 7 days.

Accidents include acts of violence at work and applies not only to employees, but also to members of the public who die or are injured and taken to hospital as a result of an accident connected to work.

i. Control of Asbestos at Work Regulations 1987
Any work that is to be undertaken with asbestos and to which the Regulations apply and where an employee is or is liable to be exposed to asbestos, written notification must be given to the enforcing authority at least 28 days prior to the work starting.

The details to be given are contained in a Schedule to the Regulations and include the name, address and telephone number of the notifier, his/her usual place of business and a brief description of the work.

i. Notification of Cooling Towers and Evaporative Condensers Regulations 1992
Written notification must be given to the local authority by the persons in control of premises where there are cooling towers and evaporative condensers. Further notifications are required for either subsequent changes or when the device ceases to be used.

Prescribed details are given in a schedule to the Regulations and include the address of the premises where the notifiable devise is situated; the name and address and telephone number of a person having control of premises; and the number of notifiable devices.

Where Trade Unions are recognised they have a right to appoint safety representatives who must be consulted.

Where there are two or more trade union safety representatives in a company they have a right to request the employer to establish a safety committee to review health and safety measures.

Where there are no recognised trade unions the employer must consult with his/her employees, either directly on an individual basis or through elected employee representatives, on any matter relating to their health and safety - The Health and Safety (Consultation with Employees) Regulations 1996.

The type of matters that an employer must consult employees or their representatives about is:

i. Any change at the workplace (e.g. in procedures, equipment or methods of working) which may substantially affect the health and safety of the employees;

ii. Arrangements (under the Management Regulations) for appointing or nominating competent persons to assist the employer to apply the provisions of health and safety law; and implement procedures for the evacuation of workers in the event of an emergency;

iii. Any health and safety information the employer must give to employees on the likely risks and dangers arising from their work, measures to reduce or get rid of these risks and what they should do if they have to deal with a risk or danger;

iv. The planning and organisation of any health and safety training the employer must provide to employees under health and safety law; and

v. The health and safety consequences for the employees of the introduction (including planning for the introduction) of new technologies into the workplace.

This means that employers are required to give information to employees, or their representatives, about health and safety matters in good time, to listen to and take account of their views before making decisions that may affect the employee’s health or welfare adversely.

The employer must inform employees of the names of the elected safety representatives, where appointed, and the groups of employees they represent. These safety representatives have the following functions:

i. Make representations on the potential hazards and dangerous occurrences at the workplace which affect, or could affect, their constituents;

ii. Make representations on general matters affecting their constituents, including any raised in consultation by the employer, and

iii. To represent constituents in consultations with Health and Safety Inspectors.

Employers must make available to safety representatives, or direct to employees, information necessary to enable them to participate fully and effectively in consultations and to carry out their functions.

Employers do not have to disclose confidential information, or information concerning individual employees, nor make available any documentation which is not related to health and safety.

Employers are required to ensure that safety representatives are provided with such training for their functions as is reasonable in the circumstances and to meet reasonable associated costs, including travel and subsistence.

Employers are additionally required to permit representatives such paid time-off during working hours as is necessary for the purpose of carrying out their functions and undergoing training.

 Also they must provide such other facilities and assistance as representatives may reasonably require to carry out their functions.

 

 

The employer has a choice (where there are no recognised trade unions) as to whether to consult all employees directly or through elected representatives. The advantage of the former is that the employer “escapes” their other obligations to elected health and safety representatives.

The larger the company, however, the more time consuming this process will be. Having elected representatives would not preclude employers from subsequently consulting employees directly, on a one off or permanent basis, providing that they inform employees and their representatives of their intention to do so. In fact, employers can utilise both channels simultaneously.

It must be noted that the duty to consult covers all employees, including those on holidays, sick leave or maternity leave.

In deciding the number of representatives and their constituencies employers should take into account the total numbers to be represented, the different ways in which employees might be divided into constituencies (e.g. by occupation, location or type of work and the nature of the work activities undertaken), and the degree and character of the health and safety risks to which employees are exposed.

The guidance also observes that in deciding the period between elections, employers need to weigh up the benefits of giving representatives time to develop experience, against the risk that staff turnover may lead to a situation where the representative no longer has the support of the workforce.

The type of facilities to be provided to representatives would include travel and subsistence. Employers are additionally required to permit representatives such paid time off during working hours as is necessary for the purpose of carrying out their regulatory functions and undergoing training.

They will also have to provide such other facilities and assistance as representatives may reasonably require to carry out their functions.

These could include lists showing the names and workplaces of constituencies, communications, distribution and photocopying facilities, and access to senior management to discuss health and safety issues whenever a representative might reasonably wish to do so.