HEALTH AND SAFETY CONSULTATION

To ensure your business is as compliant by health & safety guidelines, Comply Sense will first establish any flaws in your health & safety procedures. We will review your health & safety policy, your accident book, perform a risk assessment and interview staff. With this data, Comply Sense will be well equipped advise your business on your next steps to compliance and help turn your business around. 

Contact us today for more information.

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What is a health and safety policy?

A health and safety policy sets out the companies intent, organisation and procedures to manage the risks in the workplace. 

This is a legal requirement and must be written down and shared with employees if the business employs 5 or more workers. 

There is a set format that the policy must be in and failure to get this right could easily result in non-compliance, the consequences of non-compliance can be very costly to the business in many more ways than you could imagine. 

Health and Safety policy advice with comply sense
Image by Tingey Injury Law Firm

Consequences of non-compliance

If your health and safety policy is not correct this will be breaking many rules and regulations starting with the most serious. 

The 1974 Health and Safety Act. This is the act in which all regulations are aligned to. 

When it comes to what you could be liable for it is split into two sections: 

Civil Law - This is where an individual brings a case against you, this will be in the form of a compensation claim  

Criminal Law - This is where an enforcement agent brings a prosecution against you. Usually this will be your enforcement body for health and safety compliance and will be either your local authority (LA's) or it will be the HSE, which one enforces the law will depend on the type of activities your business carries out. As these are prosecutions, if found guilty, you will the punishment would be fines and further action including custodial sentence's.

So what is an example of non-compliance 

Here is an example of someone that has been prosecuted due to not having the correct policies in place.

Not only was the gas fitter not accredited to undertake the work, he had six breaches of the Health and Safety at work 1974 act. due to sections 2(3) which relates to policy. 

Unaccredited gas fitter jailed for manslaughter (shponline.co.uk)

 

Risk Assessment

Risk Assessment is a legal requirement for any business in the UK. It is not however a requirement for it to be written down until you have 5 members of staff or more. This said, it is more important than ever to make sure that your risk assessment is thorough. The legal regulation says it has to be suitable and sufficient.

 

This is where a lot of businesses let them self down, it is imperative to have a suitable and sufficient risk assessment to make sure you have done all you can mitigate risks relating to your business. We are qualified and experienced to help you to deliver a compliant risk assessment aslong with one where you may actually help to save someone from an accident or injury and we are sure you agree, everyone deserves to return home from work injury and accident free. 

Consequences of non-compliances

There are many reasons you need to comply with having a suitable and sufficient risk assessment. You have a moral, legal and financial reason to comply with health an safety laws and part of this is having a suitable risk assessment. The law relating to risk assessment is relating to the Health and Safety Act. 1974 and more specifically section 2.3 which states the employer must write a health and safety policy and risk assessment and bring this to the notice of your employees. 

Failure to comply can lead to civil cases and criminal prosecutions.

 

The first of these the 'civil cases' will happen if someone feels they have had some sort of loss from you. Often an employee or customer who has been hurt or nearly hurt as a result by something or someone in your business. This will be in the view to claim compensation. 

The criminal prosecutions will be bought to your business by an enforcing agent, this can be the HSE (Health and safety executive), Your LA (Local Authority), or sometimes through the Environmental agency, fire agency or other. These are crimes against the state and the can be written laws or common laws (Previous judicial decisions) The result of a guilty conviction will unlimited fines and custodial sentences for the more severe breaches.

Example of non compliance 

This is a link to an example of a company which failed to have a suitable and sufficient risk assessment which led to a £24,000 fine. The fine was relating to an accident which happened and could have been avoided with better management systems in place. 

Firm hit with GBP 24K penalty after inspectors uncover responsibility vacuum (shponline.co.uk)

 

Audits 

An audit is a thorough, critical examination of an organisation's safety systems and procedures. Audits are usually done on a scoring systems to measure improvements and deteriorations and you would usually get them done by an approved independent auditor, such as Comply Sense. When you think about it it does make sense to do this, someone who doesn't know you or your business to come in and make an independent assessment of the health and safety process and practices at your business. 

Key Features of an audit should be: 

  • Evidence-based

  • Independent 

  • Systematic

  • Objective

  • Comprehensive

  • Critical. 

Our Audits are clear to understand and will have a recommended action plan of how to make any needed changes which could be leaving you and your company exposed.  

An Audit will usually take place with two sessions and two on-site visits, this will include monitoring, interviews and a full written report of our findings.

Audits will need doing from time to time and will give comprehensive guidance. This requires detailed planning and will need resources to be completed. You will receive a full written report at the end.  

 

Inspections

An inspection is something that should be carried out more frequently. This can be done by someone internal or external, the purpose of an inspection to have more of an overview of the business than a complete examination, this should be:

  • Simple observation of the workplace

  • Short report/checklist

  • More frequent but take less time

  • Give an early indication of declining standards

An inspection is time consuming and will usually cost less money, you can get some great insights into the compliance on your health and safety short comings.

 

Training Consultation

Training consultation is designed for businesses who do not know what training they need to comply with the laws. Usually this relates to section 2(2) of the health and safety at work Act.1974 and Regulation 13 of the management of health and safety at work 1999. 

We usually do this by looking at your business and the type of activities they undertake, we will look at your policy documentation and help you to decide what should be reasonable practicable for you to do not to leave your business or workers exposed.