Health & Safety

INTRODUCTION

It is so easy to feel overwhelmed by health and safety legislation and to ignore it in the hope that it “will go away” or to “take the chance” that you will not have a problem.

However, there are very good reasons for having a safe and healthy working environment for your staff and a safe shopping environment for your customers. We all know that a happy and contented workforce improves the level of customer satisfaction; and happy customers mean more sales.

Looking after the health and safety of your staff and customers will also avoid the risk of prosecution for breaches of health & safety legislation and avoid costly claims for compensation should a member of staff or a customer suffer an injury arising from your business operation.

GENERAL LEGAL REQUIREMENTS

The main area of law relating to health & safety is the Health and Safety at Work etc. Act 1974, which has been expanded by numerous Regulations. The Regulations most relevant to convenience store retailers are highlighted below.

Approved Codes of Practice (ACOPs) have been published by the Health & Safety Executive (H.S.E) and lay out what is required to comply with the law. Compliance with an ACOP on a specific area of Health & Safety law will be enough to show that you have complied with the Law on that issue.

Guidance Notes have also been published by the H.S.E These Guidance Notes have no legal force but are useful because they set out best practice in the subject matter. If the guidance is followed by the employer, it would be helpful in rebutting any possible compensation claim.

The HSE also publish a number of leaflets on various health & safety issues, which highlight good practice and give greater explanation on how to comply with the law.

A very good starting point for a general understanding of your health & safety obligations is the Health & Safety Executive publication “An Introduction to Health and Safety”. This goes through the areas of health & safety that might affect you, explains what the legal requirements are and states what HSE publications are available.

All of the HSE documents referred to in this Information Sheet can be obtained from H.S.E Books, P O Box 1999 Sudbury, Suffolk, CO10 6FS (tel. 01787 881165) Website: www.hsebooks.co.uk.

However, if you need more detailed advice, or have a specific health & safety problem, please contact the legal Helpline.

HEALTH & SAFETY LAW

In general, every employer with 5 or more employees must have a written Health & Safety Policy Statement, which sets out their approach to health & safety, as well as the arrangements for implementing the policy, detailing individuals within the business who have been given specific health & safety responsibilities. It is good business practice, however, for an employer with only 1 to 4 employees also to provide a written policy statement.

The Policy Statement should outline the Employers duties to employees and others who might be affected by the business activities and indicate the measures taken to implement the policy. The Policy Statement must be signed and dated by the owner / Managing Director / Senior Partner of the business, indicating their commitment to health & safety. The Policy Statement must be communicated to all staff and it must be resigned and re-dated if there are any significant changes to the business (for example relocation, expansion of premises, change of ownership).

It is important to note that employees also have obligations under health & safety legislation. They must co-operate with the employer on health & safety matters and not misuse anything provided by their employer for health & safety purposes. This means that they should follow their health & safety training and make use of any personal protective equipment issued to them. This will potentially make them personally responsible for any ‘horseplay’ that results in injury to themselves, other members of staff or customers.

The rest of this information sheet is divided into the various operational areas of the business that give rise to specific health & safety issues. This list is not exhaustive and you should investigate what other areas of your business operation might have specific health & safety issues.

Quick Recap:

 

The Health and Safety Executive (HSE) has produced a guide for small busineses on health and safety which can be downloaded here:   HSE Guide for Small Businesses

There are ten key steps you must take to ensure you are compliant with the law.

Here we set out these steps with links to the HSE’s website for more detailed information.

1. Decide what could cause harm to people and how to take precautions. This is your risk assessment.

2. Decide how you are going to manage health and safety in your business. If you have five or more employees you need to write this down. This is your health and safety policy.

3. If you employ anyone you need Employers Liability Compulsory Insurance and you must display the certificate in your workplace.

4. You must provide free health and safety training for your workers so they know what hazards and risks they may face and how to deal with them.

5. You must have competent advice to help you meet your health and safety duties. This can be workers from your business, external consultants/advisers or a combination of these.

6. You need to provide toilets, washing facilities and drinking water for all your employees, including those with disabilities. These are basic health, safety and welfare needs.

7. You must consult employees on health and safety matters.

8. If you have employees you must display the health and safety law poster or provide workers with a leaflet with the same information.

9. If you are an employer, self-employed or in control of work premises, by law you must report some work-related incidents, diseases and dangerous occurrences.

10. If you are a new business you will need to register either with the Health and Safety Executive (HSE) or your Local Authority - depending on the sort of business you run.

 

Risk Assessments

Risk Assessments are a key part of Health and Safety because they set out what the possible risks are in your business. Retailers must carry out a Health and Safety Risk Assessment for their premises to identify the possible risks.

For a convenience store or newsagent the HSE has produced an example risk assessment which sets out the sorts of issues you should be looking for, and how to write an assessment. While you cannot use this as your risk assessment it is a useful guide to show what hazards you should be looking out for. The example risk assessment is available from the HSE website or click on the document icons below to download now;
 

   Convenience Store Risk Assessment Example

  Example Off Licence Risk Assessment

 

 

 

MANAGEMENT

The regulations most relevant to convenience store retailers include the Management of Health and Safety at Work Regulations 1999 which (amongst other things) require employers:

a) to carry out “suitable and sufficient” risk assessments.

b) make and record arrangements for implementing the Health & Safety measures shown to be necessary from the risk assessments.

c) appoint competent people to help implement the Health & Safety arrangements.

d) set up emergency procedures.

e) provide understandable information and adequate training to employees.

f ) co-operate and co-ordinate on Health & Safety measures with other employers sharing the same workplace.

Risk assessments must be “suitable and sufficient” by covering all the relevant hazards in appropriate detail and giving realistic control measures for the risks identified.

Management should be involved in the Risk Assessment process, whether or not advisers or consultants assist and it would be good practice to take account of the views of staff actually carrying out the work operation.

The ‘significant findings’ of the Risk Assessments must be recorded where 5 or more staff are employed but it is also recommended that employers with 1 to 4 workers also record them as this will provide evidence that reasonable steps have been taken to protect employees and others.

Where possible employers should use competent employees rather than external sources for advice and assistance on Health and Safety matters affecting the business. To be ’competent’ on health & safety matters, the employees must have specific health and safety training as well as relevant experience in the business, so that they are able to identify health & safety concerns arising from the business operation.

You will need to carry out specific Risk Assessments for new and expectant mothers as well as for children and young persons in the workplace.

The HSE has "a quick and easy online tool" to help small retailers assess the hazards in their shop. The aim is to remove the mystery of risk assessments and enable retailers to identify and then minimise the key risks in their premises. It is said that the whole process should take as little as 20 minutes and will be evidence of compliance if a Local Authority inspector calls. The site is http://records.hse.gov.uk/connect.ti/shopriskassess/view?objectId=25139


PREMISES
 

The Workplace (Health, Safety and Welfare) Regulations 1992 relate to:

Health:

  • Ventilation
  • Temperature
  • Lighting
  • Cleanliness and waste materials
  • Room dimensions and space
  • Workstations and seating
  • Safety: Workplace equipment devices and systems
  • Floors and traffic routes, as well as the prevention of slips and
  • trips
  • Falls or falling objects
  • Transparent surfaces
  • Windows, skylights and ventilators
  • Safe cleaning of windows and skylights
  • Organisation of traffic routes
  • Doors and gates
  • Escalators and moving walkways

 

Welfare:

  • Sanitary conveniences
  • Washing facilities
  • Drinking water
  • Accommodation for clothing
  • Facilities for changing clothes
  • Facilities for rest and to eat meals

The Health Act 2006 created smoke-free premises, places and vehicles. (see Smoking)

The Electricity at Work Regulations 1989 and the Gas Safety (Installation and Use) Regulations 1994 cover the use of electricity and gas in the workplace.

The Regulatory reform (Fire Safety) Order 2005 covers the issue of fire safety, detection/alarms, risk assessments and means of escape in case of fire. These Regulations came into force on 1st October 2006 and replace the previous fire safety laws. For example, Fire Certificates will no longer be issued by your local Fire Service. The focus of fire safety will now be based on your own site-specific Fire Safety Risk Assessment.

This area is of great importance not only to ensure the safety of your staff and customers, but also of your business. It is worth noting that 70% of businesses fail within a year of suffering a major fire.

Although Fire Safety risks can be covered as part of the normal Risk Assessment process referred to above, it is advisable to obtain specialist advice where specific fire safety issues arise.

The Control of Asbestos Regulations 2006 – effective 13 November 2006 – require every employer to prevent the exposure of his employees to asbestos, so far as is reasonably practicable.

Where it is not reasonably practicable to prevent such exposure –

(i) take the measures necessary to reduce the exposure of his employees to asbestos to the lowest level reasonably practicable by measures other than the use of respiratory protective equipment, and

(ii) ensure that the number of his employees who are exposed to asbestos at any one time is as low as is reasonably practicable.

There is a new Approved Code of Practice and guidance (L143) which applies to all work with asbestos and explains the requirements of the Control of Asbestos Regulations 2006.

The Health & Safety (Safety Signs & Signals) Regulations 1996 require employers to use signs where a Health & Safety risk cannot be avoided or controlled by other means (for example, the need to wear high visibility clothing in the delivery yard where pedestrians and delivery vehicles are present).

Work at Height Regulations 2005

In 2005/2006 46 people died and over 3351 suffered a serious injury as a result of a fall from height in the workplace. Falls from height are the most common cause of fatal injury and the second most common cause of major injury to employees, accounting for around 15% of all such injuries but 21% of deaths.

Employers’ duties under the Regulations are to:

  • avoid work at height where possible; 
  • use work equipment or other measures to prevent falls 
  • where they cannot avoid working at height; and 
  • where they cannot eliminate the risk of a fall, use work equipment or other measures to minimise the distance and consequences of a fall should one occur.

The Regulations do NOT ban the use of ladders or step ladders, but do require a Risk Assessment to be carried out for every task in which a ladder or stepladder is contemplated. The HSE have issued specific guidance entitled ‘Safe use of ladders and stepladders - An employers guide‘ Indg 402. This emphasises that when climbing or working from a ladder or stepladder, three points of contact should be maintained at all times.

 

EQUIPMENT ETC.

For selecting and using work equipment such as steps, ladders, slicing machines, knives, handsaws and meat cleavers you must refer to the Provision and Use of Work Equipment Regulations 1998, as well as the Supply of Machinery (Safety) Regulations 1992 (as amended).

There is also specific HSE guidance on the use of ladders and stepladders, detailed above.

The Lifting Operations and Lifting Equipment Regulations 1998 will apply where you have a goods or passenger lift in the store, or a scissor lift in the delivery bay.

The Health & Safety (Display Screen Equipment) Regulations 1992 may apply where staff have regular use of display screens as a significant part of their work and could suffer discomfort, aches or pains.

 

PHYSICAL HAZARDS AND INJURIES

The Manual Handling Operations Regulations 1992 (as amended) cover “any transporting or supporting of a load (including lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force."

This is a significant area of concern for retailers and requires detailed training of staff and their supervision, as manual handling operations take place all day every day that the store is open.

In 2005 / 06 there were 117, 471 injuries to employees causing absence of over 3 days. Two fifths of these over 3 day injuries were caused by manual handling accidents whilst handling, lifting or carrying.

You should carry out a Risk Assessment to take account of your manual handling operations and seek to apply control measures that reduce the risk of injury to staff.

General guidance on manual handling operations is provided by the HSE. The HSE have also developed a manual handling assessment tool

The tool can be used to assess the risks posed by lifting, carrying and team manual handling activities. It is designed to help understanding, interpretation and categorisation of the level of risk of the various known risk factors associated with manual handling activities.

Further guidance more closely related to retail is contained within the following publications: ‘Handling the News: Advice for newsagents and employees on safe handling of bundles IACL1 06 HSE Books 1999, ‘Getting to grips with manual handling: A short guide for employers INDG 143 HSE books 1993. and ‘Checkouts and Musculoskeletal Disorders INDG269 11/99.

A slip or trip by a customer or an employee comes under the Workplace (Health, Safety and Welfare) Regulations 1992 – see above

The Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended) cover the use and handling of chemicals and hazardous substances in the workplace. This would include cleaning materials and disposal of chemical spillage.You must carry out a COSHH Risk Assessment to ascertain the hazards there might be in the use or handling of chemicals you use and implement control measures to protect both staff and customers.An Approved Code of Practice exists for COSHH and can be obtained from the HSE.

Under the Health & Safety (First Aid) Regulations 1981 there is a general duty on employers to make adequate and appropriate first-aid provision for employees who are injured or become ill at work during all trading hours. This will include the availability of first-aid equipment and a qualified first-aider or other appointed person to deal with first aid arrangements.

The Reporting of Injuries, Disease & Dangerous Occurrences Regulations (RIDDOR) 1995 places a legal obligation on employers to report certain work related accidents that occur on their premises or arise out of their business operation. Reportable accidents will include major injuries, dangerous occurrences and reportable diseases as explained in the schedules to the Regulations. These have to be reported to either the HSE’s Incident Contact Centre or your Local Authority’s Environmental Health Department. Appropriate entries must be made in the Accident Report Book to enable a full report to be submitted as above.

Violence at work is a worrying feature of the retail environment and one that should be addressed by all employers. There are no specific regulations dealing with violence at work, but the Health and Safety At Work etc Act 1974 requires employers to secure the health, safety and welfare of employees whilst at work and the Management of Health and Safety at Work Regulations 1999 require employers to assess the risks to their employees and make effective arrangements for their health & safety. Both areas include the protection of employees from violence at work. HSE guidance is available via a leaflet ‘Preventing Violence to Retail Staff’ HS(G) 133. See also Security – Staff safety.

Stress at work must also be considered in risk assessments. (see Stress)

Corporate Manslaughter and Corporate Homicide Act 2007

This Act is now in force. It makes an organisation guilty of the offence of corporate manslaughter if:

.the way its activities are managed or organized .by its ‘senior managers’ results in a persons death due to a ‘gross breach’ of its ‘duty of care’.

A ‘senior manager’ is one who: plays a ‘significant role’ in the decisions on how the organization’s activities (or a ‘substantial’ part of them) are to be managed, or who actually manages those activities

It is a ‘gross breach’ if the conduct of the organization falls far below the standard reasonably expected of it in the circumstances. Whether the circumstances amount to a ‘gross breach’, is for a jury to decide.

The jury MUST look at a breach of any health and safety legislation and they MAY also look at other factors, including any HSE Guidance and the ‘safety culture’ of the organization, or whether any consideration of profit came into play, to determine whether the breach of duty was a ‘gross breach’.

Individuals remain exempt and the penalty is an unlimited fine. The Courts will also be able to impose Remedial and Publicity Orders.

There is new Ministry of Justice guidance on the Corporate Manslaughter and Corporate Homicide Act 2007, which outlines details of the offence, who is covered, the scope and penalties under the Act . This guidance can be found at http://www.justice.gov.uk/guidance/manslaughteractguidance.htm

 

STAFF CONSULTATION
 

Employers are obliged to consult with their employees on any matters that may affect their health & safety. The Safety Representatives and Safety Committees Regulations 1977 give recognised trade unions the right to appoint safety representatives. The employer must also set up a Health and Safety Committee to discuss health & safety matters, should this be requested by the Trade Union Representatives under the provisions of the Regulations. Guidance notes on the Regulations are available from the H.S.E

The Health and Safety (Consultation with Employees) Regulations 1996 require employers to consult with all their workers, or their elected representatives, on Health and Safety matters where no trade union exists. There are detailed requirements related to the procedures and employers should seek appropriate guidance or advice before implementing the Regulations.

 

WORKING TIME
 

The Working Time Regulations 1998 (as amended) were introduced in October 1998.

As a result of these Regulations most workers are legally entitled to:

1. a maximum working week of not more than 48 hours, including overtime.

2. a maximum of 8 hours night work

3. a daily rest period of eleven hours

4. a day off per week

5. a rest break if working more than 6 hours

6. 5.6 weeks paid annual leave

The effect of the Regulations on Children and Young workers is dealt with in the ‘Information Sheet Recruitment – Children and Young Persons’


ENFORCEMENT
 

Enforcement of Health & Safety legislation in retail premises is mainly dealt with by your Local Authority Environmental Health Department.

The Environmental Health Officer (EHO) can make routine visits during normal business hours, as well as responding to accidents that have been notified to them under the provisions of RIDDOR (see above) or by other means.

They have certain powers to enforce health & safety legislation and can:

  • seize and make copies of records and other documentation,
  • interview staff with regard to the circumstances surrounding an accident
  • secure an area of the premises pending more detailed investigation.

They have the power to issue Improvement Notices, requesting the carrying out of certain activities within a defined time period, or they can issue Prohibition Notices, prohibiting you from continuing to carry out a business activity, on the grounds of health & safety.

Ultimately, they can prosecute a named individual and / or the business, if there is serious breach of Health & Safety law.

If convicted in the Magistrates’ Court, there is a maximum fine of £20,000 and / or up to six months imprisonment for certain offences. If convicted in the Crown Court, the fine is unlimited and the maximum term of imprisonment rises to two years.

All of the above H.S.E publications are available from, H.S.E Books, P O Box 1999 Sudbury, Suffolk, CO10 6FS (tel. 01787 881165) Website: www.hsebooks.co.uk.

   

 

All PBS information sheets are designed to provide the detail you need to implement best business and employment practices. They are not a detailed commentary on the current law and where advice is needed in a specific case you should contact the PBS Helpline for more detailed advice.

 H&S