Safety Procedures & Legal Implications
Under Section 2 of the Health and Safety at Work Act 1974, all employers have a legal duty to ensure that their employees are safe at work and fully able to perform their job, including setting up systems of work that are practical, safe and does not unnecessarily risk the health of the employees.
It is also the duty of employers to a certain extent to ensure that anyone they do not employ (but is around you during your work) are also safe – hence they will usually set out health and safety regulations when you are working from home which is aimed to protect the employees and anyone else who they may work with.
- Your employers may use the following measures to ensure that you are safe at home:
If you are working from home without supervision, your employers may choose to maintain a line of communication – this is especially important in maintaining a positive mindset – as being alone for long periods may affect your stress levels and mental health. - Working with display screen equipment (DSE) is also a potential issue – workers should take breaks from DSE to prevent fatigue.
- Homeworking may also cause work-related stress and affect people’s mental health. Putting procedures in places, such as regularly scheduled meetings or regular contact with other employees through a communications program can help managers recognise early signs of stress and move to address that.
Employees must follow any procedures put in place by the business. This is to ensure that they are safe in their working environment and can effectively conduct their job with minimal impact. Under the Management of Health and Safety at Work Regulations 1999, The Health and Safety (Display Screen Equipment) Regulations 1992 and the Provision and Use of Work Equipment Regulations 1998, employers must assess and manage risks related to working activities.
Risk Assessment
The main requirement for employers is to carry out a risk assessment. Employers with 5 or more employees must record any significant risks discovered. After doing so, your employers should make arrangements to implement any measures deemed necessary by them, appointing competent people to install those measures, set up emergency procedures and provide clear information and training to your employees.
If your employer has not done so, and as a result, you or another have suffered an injury whilst working it is a breach of their legal duty to ensure your safety, which is a criminal offence. This may include a fine of up to £20,000 for minor breaches whereas major breaches which threaten lives may result in unlimited fines and imprisonment. Failure to maintain health and safety regulations is a form of legal negligence. Further penalties which may be applied to employers businesses may be disqualification from their sector resulting in the loss of qualifications or rights to work in a particular branch. This penalty is more common for construction industries but may apply to other businesses.
If you feel that a breach has been committed by your employer, you should contact your union or the companies health and safety manager to discuss what you feel has been a breach in the safety of your workplace. If you are not being properly represented by these contacts, you may wish to consider seeking legal advice, we would be delighted to help you in this aspect.
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