The Management of Health and Safety at Work Regulations 1999 follow on from the general responsibilities outlined in the Health and Safety at Work Act 1974 (see Health and Safety at Work Act), by covering in more detail how an employer should manage health and safety at work in order to avoid accidents and ill-health.
Risk assessment is the key to effective management of health and safety and is a legal requirement. The main requirements relating to an accommodation employer are as follows.
Employers must carry out a 'suitable and sufficient' assessment of the health and safety risks to employees at work, and any other people, arising out of work activities. The assessment allows you to identify any extra measures that you need to take.
You don't need to overcomplicate the process. Check that you have taken what precautions you can to avoid injury. You can probably do the assessment yourself. If you get stuck you can contact your local environmental health officer for further advice, although they cannot do the assessment for you.
This is a balance between the cost and inconvenience on the one hand, and the benefit of the safety improvement on the other.
For example, if the cost of repairing a loose carpet is small, and the risk is tripping, falling down stairs and breaking bones, then you must make the repair. At the other extreme if the removal of an awkward step would involve rebuilding part of the house, and the consequences of any foreseeable trip are minor, it wouldn't be reasonably practicable to do it (although of course warnings might well be needed).
Employers must provide health surveillance for employees, appropriate to the risks identified in the assessment.
Employers must appoint a competent person, preferably a member of staff with the necessary training or experience, to assist in health and safety matters.
If you have fewer than five employees, it is still sensible to keep a record in case of later safety issues.
Employers must draw up procedures for dealing with emergencies and establishing contact with the emergency services (such as fire and medical care).
You must give your employees information on the risks, the preventative measures and the emergency procedures so they can understand each.
You need to consult with your employees on these and any other key health and safety issues.
You need also to make sure that when a new employee starts you give them sufficient health and safety training so they can go about their work safely. For example, if you have a new cleaner starting, you need to explain how to use all the different cleaning agents safely.
The staff training needs to be repeated or updated as appropriate; it should take place during working hours and must not be paid for by employees.
Employers must give temporary staff information, before they start, on any special qualifications or skills required to do the work safely, and any health surveillance you are required to provide.
Employees have a duty to follow health and safety instructions and to report dangers.
back to topIf you are an employer, self-employed or in control of work premises, you are required by law to report certain work-related accidents, diseases and dangerous occurrences. Details of the types of accidents that you need to report can be found at www.hse.gov.uk/riddor/index.htm (see Further guidance below).
Reports can now be sent to a single point, namely the Incident Contact Centre (ICC) which is a joint venture between HSE and local authorities and is designed to be user friendly, fast and effective. Once you have given a report to the ICC they will send it to the correct enforcing authority on your behalf.
You can report incidents to the ICC in a variety of ways but telephoning is the quickest and most straightforward (0845 300 9923, local rate) with no need to fill in a report form. You will be sent a copy of the final report for your own records - this meets your statutory obligation to keep records of all reportable incidents for inspection and also allows you to correct any error or omission.
You can also make a report by completing an interactive form on the RIDDOR website (again you will be sent a copy for your records). Reports are also accepted via e-mail (as an attachment): riddor@connaught.plc.uk, or through the post on Form 2508 (or Form 2508A for reporting a disease) to Incident Contact Centre, Caerphilly Business Park, Caerphilly CF83 3GG.
back to topEmployers must provide first-aid equipment and facilities appropriate to the circumstances in the workplace. The minimum would be a suitably stocked first-aid box and a person appointed to take charge of first-aid arrangements.
First-aid provision should be part of your risk assessment process under the Management of Health and Safety at Work Regulations (see Carry out a risk assessment above).
You have no responsibility for administering first aid to guests or the public at large, although you should be familiar with local medical facilities.