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Health and Safety Policy Sorted?

How safe are you on your policy?
 
Q         What do you mean I have to write down what I’m doing about health and safety?  My staff are perfectly healthy.
 
A          That’s really not the point.  The idea is that every firm should have a written policy, stating what it does to comply with health and safety legislation, so that staff, and everyone else involved, knows what the position is.
 
Q         Who says I’ve got to?
 
A          The law does.  The Health and Safety at Work etc Act 1974 requires all employers with more than five employees to provide a written statement on health and safety issues – not just describing their general policy but also setting out the organisation and arrangements for carrying that policy into effect.
 
Q         Well, what’s this policy supposed to say?
 
A          For a start, it should say who’s in charge of health and safety issues.
 
Q         I suppose that’ll be Billy Muggins, as usual!
 
A          Fine.  It certainly should be someone with sufficient seniority to enable decisions to stick, and to ensure sufficient resources are devoted to health and safety requirements.  Someone like you can lead by example, by showing that these are issues that need to be taken seriously.
 
Q         How do I go about putting a policy together?
 
A          Well, you could start by involving your staff.  Consult them on what they think is needed, and what the problems are which need addressing.  The staff will always have a major role to play in making sure their working conditions are safe; and if they’re made to feel part of the process, they’re far more likely to accept that they themselves need to take responsibility, on a day-to-day basis, for ensuring safety.
 
Q         But they’re no more health and safety experts than I am.
 
A          No problem.  You are experts in what you do, and you know about your working conditions.  There’s nothing to stop you bringing in outside expert help to work out what procedures and policies should be applied.  In fact, you should specify in the policy what sources of expert advice you can draw on.
 
Q         And when I’ve written it, what do I do with it?
 
A          It’s no use leaving it sitting in your desk drawer.  You should make sure all staff know what’s in it, and have or have easy access to a copy of it.  Don’t forget your partners, either.  You could hold a training session for everyone, to launch it; and after that it should form part of your standard induction processes with new staff.  Equally, you shouldn’t overlook the fact that it applies just as much to anyone else who comes to your premises, whether they’re clients, or third parties from the cleaner to the postman.  You might well want to make a copy available in reception.
 
Q         OK, but it all sounds fairly high-flown stuff.  I take it that it really is just a general sort of statement, and I don’t have to descend too far into detail?
 
A          Far from it.  One of the things you are required to do is to undertake and record detailed risk assessments.  That means trying to spot specific problems before they result in any harm or injury, so that you can take reasonably necessary precautionary measures.
 
Q         But I wouldn’t know where to start!
 
A          Don’t be so wet!  Of course you would.  Use your common sense.  Walk round the office with your eyes open for a change, and don’t just take everything for granted.  Pretend you’re seeing it for the first time.  Look for the hole in the carpet that a high heel’s going to get caught in; or the filing cabinet with the top draers full and the bottom ones empty, so it’s just ready to tip over; or the wonky shelf that looks as if it’s going to dump a load of books on someone’s head.
 
Q         I know this old building isn’t ideal, but there isn’t really anything I can do about that, is there?
 
A          The age of a building is not of itself a problem, but it may be that you have to do something about it to bring it up to scratch.  There’s no getting away from it – installing proper health and safety precautions can involve costs.  You should be thinking about such things as lighting, heating, ventilation, and water and sanitary facilities.  If you fear that any are sub-standard in ways that may make them at all hazardous, you really should be taking all reasonably necessary steps to improve things.
 
Q         What about all this IT stuff you made me put in?
 
A          Like all electrical equipment, you need to ensure it’s safe, so you should have it professionally checked periodically.  Operators using VDU screens may be a particular concern.  You should make sure that all reasonable adjustments have been made to their positioning to avoid stresses and strains, and that all operators can view their screens with their heads held in a natural and relaxed manner.  Remember, since we got you to instal PCs for all your fee earners, that applies just as much to them as it does to secretaries.  Make sure all operators take a break, and do something else other than just stare at the screen, at least once an hour.  And don’t forget that glare and light can be real problems in this respect.  You may have to fund eye tests for operators if it seems a problem is developing.  (You may like to set up an arrangement with an optician of your own choice.)
 
Q         What happens if I spot something that’s a real problem?      
 
A          You may need to take some drastic action.  After all, if you know something is a danger, and choose to do nothing about it, then if there is a problem later on you’re much more likely to be liable, and your insurers may be distinctly under-impressed.  If you find a dangerous area, or piece of equipment, then you may simply have to stop using it until it can be put right.  Make sure you tell everyone who might possibly be affected, and put up any warning signs which may be appropriate.  As to remedial action, if it isn’t obvious what has to be done, have a word with those involved, and see if they’ve got any ideas which may help.  When you’ve had the necessary steps taken, monitor the position to make sure they’re working.  And, of course, think what may have caused the problem in the first place, so that you can try to avoid it happening again.
 
Q         Every office has a few cuts and bruises from time to time.  What am I supposed to do about them?
 
A          I know you’ve already got an accident book, because I saw it the other day, but I noticed it had nothing written in it for the last two years!  You really must ensure that all staff know the importance of recording all accidents in it properly, or it may prejudice your case if there’s a claim against you.  You need to have an adequate number of first aid boxes around.  Make sure that the contents are replenished when needed, and that everyone knows where they are situated.  If in doubt, be over-generous in the number you provide.
 
Q         Well, I know I’m alright on trained first-aid staff.  Old Jill in accounts was trained years ago.
 
A          That may not be good enough.  Some of the bodies that used to provide training, such as St. John’s Ambulance or the Red Cross, are no longer able to do so en bloc – the particular trainer has to be authorised by the Health and Safety Executive.  What’s more, the certification may be too old to be valid – these are skills which need to be kept up to date.  Besides, if you grow much more you’ll need more people, as you’ve got to have one qualified first aider for each fifty employees.  If I were you I’d over-provide anyway, as that way you’ll have cover when holidays and other time off mean that one of your qualified people is not about.  Why not ask for volunteers to be trained, and offer to pay for the training.  It doesn’t cost a fortune, and it’ll be appreciated.
 
Q         I’m getting too old for all this.  I feel it at times.  Do you know, the other day I even struggled to pick up that box of books over there.
 
A          You shouldn’t even be trying to lift a load like that, whatever your age.  Neither should your staff, unless they’ve had training in manual handling techniques, and I can’t see you having forked out for that.  What you might want to think of is getting some trolleys, or sack trucks, for moving things like that around the office.  After all, you don’t want a valuable member of staff going off with a bad back – that could affect their working ability for a very long time.
 
Q         At least there isn’t too much risk of anything really serious going wrong – it’s not as if we were a factory or anything.
 
A          No?  You’ve got lots of complex equipment around these days.  And what if there were a fire?  Are you up to date with your fire precautions?
 
Q         I think so.  We employ a fire extinguisher firm, and they come round and check from time to time.
 
A          I’m pleased to hear it.  But do they advise you on evacuation measures, warning signs, and all that sort of thing?  Do your staff know what those routines are, and what to do in an emergency?  I know you’ve got an alarm system, but do you test it regularly?  And when did you last have a fire drill?
 
Q         I was going to a few weeks ago, but it was too cold.  Not that the cold seems to put the smokers off going outside, since I brought the non-smoking policy into force!
 
A          I was very glad to hear that you had decided to do that.  I know that must have been hard for you, especially since you used to smoke yourself, but I really do think it was a god idea.  I’m not making any moral case – it’s simply that with the threat these days of claims for the effects of passive smoking in the workplace, it has to make sense to ban it in the office.  Even the clients don’t seem to have been too upset, do they?
 
Q         Well, that was easy to arrange, but all this is going to cost a fortune, and take me ages to set up.
 
A          It probably won’t cost as much as you mat think, and anyway the time and cost may be small when you compare them with the consequences.
 
Q         You mean if I get prosecuted?
 
A          Partly, but also there are all the problems and costs if things go wrong.  And lets be honest, you want to look after your staff as well as you can, don’t you?
 
Q         OK.  I’ll do it.  But it’ll have to wait for my secretary to come back.  The damn woman broke her leg tripping over the cord for the fan I put in when it got so hot.  She’s been off for weeks, and I’m lost without her.
 
A          Need I say more?!
 
 
 
Simon Young MBA is a Solicitor. 
 
 
 

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