Health & Safety – Employment

All employers have a duty to provide a safe system of work for their employees.  This covers employees not only working at your premises but also from home or at another site.

The main legislation that governs health and safety issues is the Health and Safety at Work etc Act 1974.  This Act sets out the general health and safety duties for employers.  This is supplemented by the Management of Health and Safety at Work Regulations 1999.  These Regulations spell out in more detail the general duties specified in the Health and Safety at Work etc Act 1974.

Under the Regulations employers need to carry out regular risk assessments and to have written policies as to how health and safety risks are to be managed.  However, just having a policy is insufficient as employers have to ensure that their staff understand these policies and their own responsibilities.  Employers with 5 or more employees have to record risk assessments in writing.

If a business fails to ensure the safety of its employees then that business is at risk of a prosecution from the Health and Safety Executive (HSE) and a personal injury claim from the employee if there is an accident.  Now that the Corporate Manslaughter and Corporate Homicide Act is in force, company directors or senior employees of the employer company are at risk personally from prosecution when it can be shown  that they are in breach of their duty which resulted from the death of an employee.  It is therefore essential for businesses to make sure that they carry out risk assessments on a regular basis, regularly update their policies on Health and Safety, and make sure the staff are aware of these policies and that training is given to ensure that employees are aware of the risks involved.

At Silver Shemmings we have the expertise to provide advice in respect of claims brought by the Health and Safety Executive against employers and can give advice on Health and Safety legislation as well as helping businesses ensure compliance with current Health and Safety legislation. 

For more information and initial advice please contact us on:

Sarah Shemmings or Richard Silver

Tel.:     0845 345 1244
Email:  office@shemmingsllp.co.uk

Robert Shawyer – Cardiff

Tel.:     02920 474 570
Email:  cardiff@shemmingsllp.co.uk

Don’t forget that you can also make initial contact through our free helpline 08455 1 92 92 1