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Safety
Policy
A COMPANY SAFETY POLICY
NORMALLY CONTAINS THE ARRANGEMENTS, ORGANISATION AND PROCEDURES THAT
FORM THE SAFE SYSTEM OF WORK FOR THE NORMAL WORK TASK OR PROCESS THAT
PREVAILS WITHIN THE WORKPLACE OR COMMERCIAL ENTERPRISE.
Introduction
and statutory reasons for a company policy.
Employers and directors of
the workforce are under a statutory duty under the
Health and Safety at Work etc. Act 1974 (HSWA)
to prepare and keep revised a written statement of health and
safety policy. [HSWA s 2(3)]. There is an exception for
very small businesses however if you employ more than five people you
will need a policy. The Management of Health
and Safety at Work Regulations 1992 (SI 1992 No 2051)
Regs 3 and 4 also require that employers formally assess risks
to their employees whilst at work (including a written assessment where
there are five or more employees) and implement arrangements for
protective/preventive measures. This includes making known to all
employees, and first-aiders, the company procedures for dealing with all
ill health and particular fire hazards. Moreover, executives are
personally liable for the implementation of safety procedures, safe
systems of work and the preparation and revision of safety policies. An
organisation tree and proper nominated duty holders need to be noted in
any safety documentation. This section outlines the format which a
written policy statement should follow and then considers in more detail
the matters and issues that it should address. Requirement to prepare
a written policy statement Every employer must consider then
prepare, and if necessary revise from time to time, a written statement
of his general policy regarding the health and safety of his employees.
In particular, the policy statement should refer to the organisation, in
terms of manpower, and the arrangements, in terms of systems, for
implementing the policy. It should name all directors and managers that
are statutory duty holders. The general policy statement and any
revision of it, must be brought to the attention of all employees, e.g.
by notification, issue of a document and reinforced by posters
throughout the workplace. The policy document should explain the
EMPLOYERS DUTIES, and be backed up by training courses briefing sessions
and, in the case of new employees, a proper induction procedure. Exceptions
to this requirement Those employers carrying on an undertaking in
which, for the time being, having fewer than five persons are being
employed, are excepted from the provisions of Sec 2(3).
[Employers Health and Safety Policy Statements
(Exception) Regulations 1975 (SI 1975 ~ 1584)].
Regard is to be given only to employees actually present on
the premises, i.e. employees for the time being (not including relief
staff (Osborne v Bill Taylor of Huyton 119821 IRLR 17)).
Essential format and content of the policy statement Essentially a
policy should consist of three parts, as follows: A general statement
of intent. This should outline in broad terms the organisations
overall philosophy in relation to the management of health and safety.
It should also include reference to the broad responsibilities of both
management and workforce. Organisation (people and their duties). This
part outlines the chain of command in terms of health and safety
management. Who is responsible to whom and for what? How is the
accountability fixed so as to ensure that delegated responsibilities are
undertaken? How is the policy implementation monitored? Other
organisational features should include: individual job descriptions
having a safety content; details of specific safety responsibilities;
the role and function of safety committee(s); the role and function of
safety representatives; and a management chart clearly showing the lines
of responsibility and accountability in terms of health and safety
management. The competent person(s) who is to assist with compliance
with the health and safety requirements should also be included.
IManagement of Health and Safety at Work
Regulations 1992, Reg 61.
Arrangement (systems and procedures). This part of the policy
deals with the practical arrangements by which the policy will be
effectively implemented. These include; safety training; safe systems of
work; environmental control; safe place of work; machine/area guarding;
housekeeping; safe plant and equipment; noise control; radiation safety;
dust control; use of toxic materials; internal
communication/participation; utilisation of safety committee(s) and
safety representatives; fire safety and prevention; medical facilities
and welfare; maintenance of records; accident reporting and
investigation; emergency procedures; and workplace monitoring. (Records
of the formal arrangements are also required to be kept where more than
five employees are employed. ~
Management of Health and safety at Work
Regulations 1992, Reg4
Basic objectives and general content of statement Health and
safety policy statements should state their main objectives, e.g.: (a)
specify that health and safety are management responsibilities
ranking equally with responsibilities for production, sales, costs, and
similar matters; (b) indicate that it is the duty of management
is to see that everything reasonably practicable is done to prevent
personal injury in the processes of production, and in the design,
construction, and operation of all plant, machinery and equipment, and
to maintain a safe and healthy place of work; (c) indicate that
it is the duty of all employees to act responsibly, and to do everything
they can to prevent injury to themselves and fellow workers. Although
the implementation of policy is fundamentally a management
responsibility, it will rely heavily on the co-operation of those who
actually produce the goods and take the risks; (d) identify the main
board director or managing board director (or directors) who have prime
responsibility for health and safety, in order to make the commitment of
the board precise, and provide points of reference for any manager who
is faced with a conflict between the demands of safety and the demands
of production; (e) be dated so as to ensure that it is
periodically revised in the light of current conditions, and be signed
by the chairman, managing director, chief executive, or whoever speaks
with authority on health and safety matters ; and (f) clearly
state how and by whom within the operation is to be monitored. Organisation
(people and their duties) Suitable policies will demonstrate both in
written and diagrammatic form (where appropriate) the following
features: (a) The unbroken and logical delegation of duties
through line management and supervisors who operate where the hazards
arise and the majority of the accidents occur. (b) The
identification of key personnel (by name and/or job title) who are
accountable to top management for ensuring that detailed arrangements
for safe working are drawn up, implemented and maintained. (c) The
definition of the roles of both line and functional management. Specific
job descriptions should be formulated. (d) The provision of adequate
support for line management via relevant functional management such as
safety advisers, engineers, medical advisers, designers, hygienists,
chemists, ergonomists, etc. (e) The nomination of persons with
the competence and authority to measure and monitor safety performance. (f)
The provision of the means to deal with failures in order to meet
job requirements. (g) The fixing of accountability for the management of
health and safety in a similar manner to other management functions. (h)
The organisation structure must unambiguously indicate to the
individual exactly what he must do to fulfil his role. Thereafter a
failure is a failure to manage effectively. (i) The organisation should
make it known (both in terms of time and money) what resources are
available for health and safety. The individual must be certain of the
extent to which he is realistically supported by the policy and by the
organisation needed to fulfil it. Arrangements (systems and
procedures) It is vital to establish safe and healthy systems of
work designed to counteract the identified risks within a business. The
following aspects should be used as a guide when preparing arrangements
for health and safety at work: (a) The involvement of the safety
adviser, committee and relevant line/functional management at the
planning/design stage. (b) The provision of health and safety
performance criteria for articles, and product safety data for
substances, prior to purchase. (c) The provision of specific
instructions for using machines, for maintaining safety systems, and for
the control of health hazards. (d) The development of specific
health and safety training for all employees. (e) The undertaking
of medical examinations and biological monitoring. (f) . The
provision of suitable protective equipment (g) The development
and utilisation of permit-to-work systems. (h) The provision of
first- aid/emergency procedures, including aspects of fire
safety/prevention. (f) The provision of written procedures in
respect of contractors and visitors. (k) The formulation of
written safe systems of work for use by all levels of management and
workforce.
Appendices and company specific procedures to
statements
There are a number of reasons for incorporating appendices to
statements of health and safety policy (although this is not a statutory
requirement). For instance, there may be a need to detail in depth the
organisations intentions, arrangements and procedures for dealing with a
hazard specific to a process, e.g. the risk of back injury associated
with a particular handling operation. It may be necessary to formally
declare the companys policy on asbestos in existing buildings or on the
provision of prescription lens eye protection to certain groups of
operators. Fundamentally, an appendix can qualify and explain in depth
certain provisions outlined in the statement. Policy monitoring Policy
monitoring highlights four areas as follows: (a) The accident and
ill-health record. (b) The normal standards of compliance with
legal requirements and codes of practice. (c) The extent to which
organisations specify and achieve within a given time scale
certain clearly defined objectives (of both short-term and long-term
nature). (d) The extent of compliance with the organisation and
arrangements parts of the organisations own policy statement (discussed
earlier), including in particular the written safe systems of work that
have been developed by the organisation to meet its individual
needs.
Checklist for statements of health and safety
policy
Questions that need to be asked about your company policy document. Does
the statement express a commitment to health and safety and are the
organisations obligations towards its employees made clear? Does it say
which senior officer is responsible for seeing that it is implemented
and for keeping it under review, and how this will be done ? Is it
signed and dated by a partner or senior director? Have the views of
managers and supervisors, the competent person, safety representatives
and the safety committee been taken into account? Were the duties set
out in the statement discussed with the people concerned in advance, and
accepted by them, and do they understand how their performance is to be
assessed and what resources they have at their disposal? Does the
statement make clear that co-operation on the part of all employees is
vital to the success of the health and safety policy? Does it say how
employees are to be involved in health and safety matters, for example
by being consulted, by taking part in inspections and by sitting on a
safety council or committee? Does it show clearly how the duties for
health and safety are allocated and are the responsibilities at
different levels described? Does it state who is responsible for the
following matters (including deputies where appropriate)? reporting
investigations and recording accidents; fire precautions, fire drill,
evacuation procedures; first-aid; safety inspections; the training
programme; ensuring that legal requirements are met, for example,
regular testing of lifts and notifying accidents to the health and
safety inspector. Arrangements: (a) General
Keeping the workplace,
including staircases, floors, ways in and out, washrooms etc. in a safe
and clean condition by cleaning, maintenance and repair.
(b) Plant and substances
Maintenance of equipment such as tools, ladders, etc. Are they
in safe condition? Maintenance and proper use of safety equipment such
as helmets, boots, goggles, respirators, etc. Maintenance and proper use
of plant, machinery and guards. Regular testing and maintenance of
lifts, hoists, cranes, pressure systems, boilers and other dangerous
machinery, emergency repair work, and safe methods of doing it.
Maintenance of electrical installations and equipment. Safe storage,
handling and, where applicable, packaging, labelling and transport of
dangerous substances. Controls on work involving harmful substances,
such as lead and asbestos. The introduction of new plant, equipment or
substances into the workplace C by examination, testing and consultation
with the workforce.
(c) Other hazards
Noise problems with wearing ear protection and control of noise at
source. Preventing unnecessary or unauthorised entry into hazardous
areas. Lifting of heavy or awkward loads. Protecting the safety of
employees against assault when handling or transporting the employers
money or valuables. Special hazards to employees when working on
unfamiliar sites, including discussions with site manager where
necessary. Control of works transport, e.g. forklift trucks, by
restricting use to experienced and authorised operators or operators
under instruction (which should deal fully with safety aspects).
(d) Emergencies
Ensuring that fire exits are marked, unlocked and free from
obstruction. Maintenance and testing of fire-fighting equipment, fire
drills and evacuation procedures. First-aid, including the name and
location of the person responsible for first-aid and the deputy, and the
location of the first-aid box.
(e) Communication
Giving employees information about the general duties under HS11l
and specific legal requirements relating to their work. Giving
employees necessary information about substances, plant, machinery and
equipment with which they come into contact. Discussing with
contractors, before they come on site, how they plan to do their job,
whether they need the organisations equipment to help them, whether they
can operate in a segregated area or when part of the plant is shut down
and, if not, what hazards they may create for employees and vice
versa.
(f) Training
Training employees, supervisors and managers to enable them to
work safely and carry out their health and safety
responsibilities.
(g) Supervising
Supervising employees as far as necessary for their safety C
especially young workers, new employees and employees carrying out
unfamiliar tasks.
(h) Keeping a check on the workplace
Regular inspections and checks of the workplace, machinery,
appliances and working methods. (For the connection between company
health and safety policy statements, works rules, terms of a contract of
employment and disciplinary procedures that can result in dismissal, see
EMPLOYEE SAFETY RIGHTS, DISCIPLINARY PROCEDURES AND UNFAIR DISMISSAL..
The most commonly held view would seem to be, by way of analogy with a
trade union rule book, that statements in a health and safety policy
statement are not implied terms of a contract of employment (Secretary
of State for Employment z Associated Society of Locomotive
Engineers and Firemen (No 2) [19721 2 AER 949 C a case involving a
go-slow) (see E7012 EMPLOYEE. SAFETY RIGHTS, DISCIPLINARY PROCEDURES AND
UNFAIR DISMISSAL.)
Comprehensive
company health and safety policy document C specimen
1.
The Company recognises its health and safety duties under the Health and
Safety at Work Act 1974 and the Management of Health and Safety at Work
Regulations 1992 (as amended by SI 1994 No 2865) and concomitant
protective legislation, including the Environmental Protection Act 1990,
the Environment Act 1995 and the Fire Precautions Act 1971, both as an
Employer and as a Company and to that end has appointed (the following
member(s) of staff) to be responsible for health and safety maintenance
at the company, to keep workplace procedures relating to health and
safety under constant review and to liaise with the Health and safety
Executive wherever necessary, so as to keep the Company and its Board of
Directors updated on any new legislation affecting them, EU Directives,
regulations and British Standards, in order to ensure compliance with
same.
2. In recognition of its duties under the
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
1985 (RIDDOR), the Company has instituted a system for reporting
accidents, diseases and dangerous occurrences to the Health and Safety
Executive, including injury to any trainee, and this is in addition to
its statutory duty to keep an Accident Book available for inspection by
an inspector of the Health and Safety Executive.
3. In furtherance of (I), the Company
proposes always to comply with its duties under s 2 of the Health and
Safety at Work Act and the Management of Health and Safety at Work
Regulations 1992, regs 3-6, towards its employees and, more
particularly, so far as is reasonably practicable, to (a) provide
and maintain a safe place of work, a safe system of work, safe
appliances for work and a safe and healthy working environment; (b) provide
such information and instruction as may be necessary to ensure the
health and safety at work of its employees and also compliance with the
Health and Safety Information for Employees Regulations 1989, the
Personal Protective Equipment at Work Regulations 1992, the Provision
and Use of Work Equipment Regulations 1992, the Workplace (Health,
Safety and Welfare) Regulations 1992 (as amended by SI 1994 No 2865),
the Health and Safety (Display Screen Equipment) Regulations 1992, the
Trade Union Reform and Employment Rights Act 1993 (TURERA), the
Employment Rights Act 1995 and the Management of Health and Safety at
Work Regulations 1992 and to promote awareness and understanding of
health and safety throughout the workforce; (c) ensure safety and
absence of health risks in connection with use, handling, storage and
transport of articles and substances; ~ (d) make regular risk
assessments to employees; (e) take appropriate
preventive/protective measures; (f) provide employees with health
surveillance. (g) appoint competent personnel to help and secure
compliance with statutory duties. 4.In further recognition of its
statutory and common law duties, the Company has taken out insurance,
with an approved insurer, against liability for death, injury and/or
disease suffered by any of its employees and arising out of and in the
course of employment, provided only that it was caused by the negligence
and/or breach of statutory duty on the part of the Company; such
certificate of insurance being prominently displayed so as to be
available for inspection at all reasonable times by employees and a
health and safety inspector
5. All employees of the Company agree, as a
term of their contract of employment, to comply with their individual
duties under s 7 of the Health and Safety at Work Act, reg 12 of the
Management of Health and Safety at Work Regulations 1992 and generallyco-operate
with their Employer so as to enable the Employer to carry out his health
and safety duties towards them. Failure to comply with health and safety
duties, regulations, works rules and procedures regarding health and
safety, on the part of any Employee, can lead to dismissal from
employment; in the case of serious breaches, or repeated breaches, such
dismissal may be instant without prior warning
6. Prime responsibility for health and
safety lies with the Managing Director(s) of the Company and Board of
Directors and the Company regards itself as bound by any acts and/or
omissions of the Managing Director(s), any executive director or senior
manager, giving rise to liability, provided only that such acts and/or
omissions arise out of and in the course of company business, and
prosecution of any director or senior manager shall not prevent a
further prosecution against the Company.
7. In recognition of its duties under s 6
of the Health and Safety at Work Act and the Consumer Protection Act
1987, towards its Customers, the Company proposes (expressed as a normal
term/condition of trade in its terms/Conditions of trade) to always
supply machinery and parts which, so far as is reasonably practicable,
are safe for normal operational use and free from foreseeable health and
hygiene risks to Customers. To that end the Company will provide on an
on-going basis Customers with such official and trade information,
including relevant EU Standards and British Standards, relating to new
and existing health and safew risks that may, or indeed, have come to
its attention in the normal course of trade, and which can reasonably be
obtained from HSE, British Standards Institution and the EU.
8. In recognition of its duties
towards the general public and all lawful visitors to the Companys
premises, the Company regards the extent of its duties as compatible
with sections 2 and 5 of the Health and Safen at Work Act and the
Occupiers Liability Acts 1957 and 1984. In particular, where visitors
are under a statutory duty to wear personal protective clothing, or
otherwise to take reasonable precautions for their own health and
safety, thilure to do so will be regarded as a breach of Company policy,
entitling the Company to take such measures as it considers appropriate,
including asking the Visitor to leave the premises.
9. This Policy has been prepared in
furtherance of s 2(3) of the Health and Safety at Work Act 1974 and
binds all Directors, Managers and Employees, in the interests of
Employees and Customers. We request that our Customers and Visitors
respect this Policy, a copy of which can be obtained on demand.
Signed
Managing Director
Dated
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