It is a legal requirement for all employers to write safety policies. Peter Ross demonstrates what is involved in putting one together and how it should be used, rather than allowed to gather dust in a filing system.
Health and safety professionals are a lucky bunch. The duty to write safety policies is enshrined in law, so they get paid for doing what comes naturally. You can get your own back by writing your own safety policy.
Background to the health and safety policy
The relevant section of the Health and Safety at Work Act1 (HSWA) states that: ‘every employer shall prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees’
Helpful sources of free guidance on safety policies can be found at:
Because health and safety is often the responsibility of non-specialists, a policy should be written in plain English. It must be practical, reflecting the reality of your particular organisation: there are clear differences in safety risk between an events organiser and an investment bank.
The practical implications of a safety policy need to be thought through to ensure compatibility. For example, HR policies relating to recruitment, training and flexible working are likely to be influenced by health and safety2. It should also be borne in mind that some of the workforce will not have English as their first language.
Advice on health and safety arrangements is contained in the Approved Code of Practice to the Management Regulations3.
The HSE suggests writing the policy in three parts:
- a general statement of aims;
- the organisation of responsibilities; and
- the arrangements for carrying out the policy.
Who should write it?
The policy-writer should have a good knowledge of the business and preferably some safety expertise. The decision here is whether a specialist is required, either from within the organisation or from outside, or whether the job can be given to a manager with an interest in health and safety.
If you employ fewer than five employees you will generally be exempt from the need to have a written policy.
Revise as often as may be appropriate
It is reasonable to schedule an annual review of the policy. Times when the policy should be updated will be when:
- legislation changes (recently the first aid at work training requirements have been amended);
- new arrangements should be covered by a safety procedure (building a car park for employees); and
- an accident at work reveals gaps in the existing policy.
What are penalties for non-compliance with Section 2 (3)?
For a straightforward breach these are:
- Lower court – fine £20,000 and six months’ prison (soon to be 12 months).
- Higher court – unlimited fine and 2 years’ prison.
There are no recent cases of a prosecution for this offence, but employers should be aware of what courts may consider as evidence in health and safety cases: ‘Juries will be able to consider wider cultural issues within the organisation. ….and may also have regard to any relevant health and safety guidance’4.
If it is reasonable for employers to know about preparing a safety policy, they will be expected to have produced a suitable one. For what directors should know, see the IOD/HSE guide for Directors on ‘Leading Health and Safety at Work’.5 See also ‘Another statisic’ by Clarissa Dann in The People Bulletin, 28 April 2009.
A general statement of aims
The general statement can be a commitment to legal compliance. It should include objectives for reducing or eliminating hazards by adopting a risk management approach.
The statement needs to be identified with senior management, so it should be signed by someone with authority in the organisation. A date will provide a time line for future reviews.
The organisation
The responsibility for health and safety is a boardroom issue. In practice, duties have to be delegated. Delegation should follow the hierarchy of a company’s management structure, starting at the top.
Accountable persons should be allocated responsibilities, and be required to manage the areas of control identified to them. Ensuring acceptable standards of safety are maintained is the work of committed, experienced staff. Competence is underpinned by knowing when, how and where to get expert assistance. A good policy will make clear what resources are available for this.
The arrangements
This part of the policy should cover the full range of your employer’s work activities, giving the arrangements in place for effective health and safety management. Key areas to focus on are:
- accident reporting;
- contractors on site;
- display screen equipment;
- fire safety;
- first aid;
- manual handling;
- risk assessments; and
- use of vehicles.
For example, the arrangements for ‘contractors on site’ will describe the way an organisation ensures its contractors work in accordance with statutory and company safety standards.
Demonstrating effectiveness
You may ask yourself a number of questions:
- Does our company have a written policy for health and safety at work, signed, dated and communicated to all employees?
- Are responsibilities for health and safety defined and allocated to our managers/supervisors?
- Do we provide clear information about risks and about the safe systems of work in place for everyone?
Through the establishment of measurable objectives the effectiveness of the policy can be tested6.
Bring the safety policy to the notice of employees
A copy of the policy displayed as a notice in an area accessible to all employees satisfies this requirement, as does posting on the company intranet.
The main aspects of the policy can also be provided during induction and for inclusion in a staff handbook.
The policy, accompanied by instructions to read it, can be handed out as part of an employee’s terms and conditions. It would be reasonable to require employees to sign a receipt for the policy.
And don’t forget
Shakespeare said: ‘I will o’er-run you with policy’7 and this fate should be avoided. Make sure you:
- write the policy in plain language;
- follow the guidance given by the HSE;
- allocate responsibilities to those best able to discharge them; and
- set standards of performance and ensure they are being met.
A safety policy is really different to any other company policy, but its legal status means some awareness of applicable health and safety legislation is required.
www.phsc.co.uk
[1] Health and Safety at Work etc Act 1974 – Section 2 (3)
[2] Successful Health and Safety Management, HSG 65, HSE Books, Chapter 2.
[3] Management of Health and Safety At Work Regulations 1999, Approved Code of Practice and Guidance, L21, HSE Books, Regulation 5
[4] Ministry of Justice Guidance to the Corporate Manslaughter & Corporate Homicide Act 2007
[5] Leading Health and Safety at Work: leadership actions for Directors and Board Members, IOD / HSE, INDG417, HSE Books.
[6] Download a performance indicator free of charge from the Business Link website, or view BSI Management Systems, ‘Health and Safety Management – a quick guide to OHSAS 18001’ www.bsi-emea.com
[7] As You Like It, Act V, Scene 1, l 2232