Nobody wants to invalidate their fire insurance, receive a £20,000 fine or spend six months in prison, but these are the potential results of neglecting health and safety at work.
It poses a challenging management dilemma. On the one hand, it is clear that you do not want your staff to come to any harm, but on the other, the everyday operational pressures of meeting budgets and maintaining quality and service standards are demanding.
Remove evidence
The health and safety inspector has a wide range of powers that includes the right of entry; the right to conduct interviews; and the power not only to view records but also to photograph and to remove evidence. In extreme cases, work can be halted or plants closed. It is fortunate that such powers are used in moderation.
An inspection visit that finds shortcomings, will normally be followed up by a letter advising what breaches of legislation have been found and what needs to be done to put matters right. A date, by which the corrective actions must be completed, will be set, giving the company an opportunity to sort out the problems and let the inspector know what actions have been taken.
The situation may be rather different if the inspector’s visit has resulted from a reportable accident or near miss. The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations require that fatal accidents, major injuries and dangerous occurrences are reported immediately by phone to the appropriate Health and Safety Executive area office. Accidents occasioning an absence of longer than three days must be reported within ten days. Breaches of health and safety legislation that contribute to a serious accident are likely to result in a prohibition or improvement notice or prosecution for non-compliance.
Also bear in mind, that where failure to comply with the legislation results in a fire or explosion the company’s insurance may be invalid.
The most senior person in the business, generally the managing director or chief executive, is ultimately responsible for health and safety. In practice, responsibility must be delegated through the various management layers and all employees have a duty not to put colleagues at risk. They must also advise managers about accidents and unsafe machinery.
The Control of Substances Hazardous to Health Regulations (COSHH) first introduced the concept of risk assessment. The Management of Health & Safety at Work Regulations (MHSAW) extended it to most other areas of the workplace, including work equipment, manual handling, personal protective equipment, the premises, and the use of computer display screens. Fire precautions and noise also require assessment. Employers are asked to identify hazardous activities and put measures in place to eliminate, or reduce such risks, or, as a last resort, provide equipment to protect against them.
Regulatory shift
In recent years there has been a major shift in regulatory emphasis away from purely document-based systems and towards pro-active management of health and safety issues. Three examples of this shift are the analysis of accidents, the provision of specific health and safety training and auditing.
Accident analysis involves reviewing the company’s accident book records and categorising the various incidents, firstly by types: cuts, trips, burns, and then subdividing these into locations, for example, loading bay, wash area and folding section. This classification allows the patterns that emerge to be used to minimise repetition.
Training plays an important role in managing health and safety. New employees are particularly vulnerable and safety procedures must be pointed out to them at the earliest opportunity.
It is not sufficient to place the trainee next to an experienced worker in the hope that all the relevant safe operating practices will be quickly and correctly conveyed. Using safety precaution training sheets will give employees a consistent message. It is good practice to keep record cards for each employee and to note the date of each training module. Whilst it is hoped that they will not be needed in an official context, well-kept training records would be of significant benefit in defending civil-law negligence claims.
The MHSAW Regulations impose a duty to review health and safety policies and practices regularly in the light of new and changing legislation, the introduction of new equipment, chemicals and working practices. This requirement can be met by arranging an independent audit to provide comprehensive, objective recommendations, benchmarked against textile cleansing industry standards.
Building a picture
Audits normally start with a review of all the available written health and safety information. This would include the health and safety policy statement; the COSHH and other risk assessments; fire, electrical and pressure system certificates; and training and personnel documentation. Together, these written records give an initial picture of how the business organises safety issues and this picture is broadened by discussions with the CEO or md, the ‘company competent person’ and departmental managers.
A safety audit of the laundry will show how everything works in practice. Check the accident recording and reporting process.
Is there any asbestos lagging? Have the hard wiring and electrical appliances been tested within advisory time-scales? What are the fire procedures and first-aid arrangements? Are there unguarded falls? Is suitable lifting equipment available? Do the trip guards on calenders and the trapped-key systems for tumblers, work? Has provision been made for pregnant women? How are issues such as roof work, young persons and lone working of drivers or engineers dealt with? Are the various assessments in place, up to date and effective? Are there arrangements for consulting employees? Look at areas beyond the factory floor such as the way cash is handled.
Many organisations find it difficult to believe that they also have responsibility for the health and safety of contractors working in their plants. The MHSAW Regulations require you to assess the risks to your employees, customers, visitors and neighbours from the activities of contractors and to remove, minimise or guard against such risks. Ask such questions as: Can the work take place outside normal hours? Should areas be roped off? Does the work require a written ‘safe system of work’? You must also advise the contractor of the name of the person who is responsible for health and safety at the plant, of any special hazards or factors and give details of the fire arrangements. The normal way of dealing with these matters is by having a contractors’ policy and providing contractors with a set of rules. The Construction, Design and Management Regulations place further exacting duties on any employer undertaking any building, demolition or major installation works.
Given the huge volume of legislation over the last decade, it is likely that a health and safety review audit will highlight numerous areas where action must be taken to comply with the law. At first sight, the list of items requiring attention may seem daunting, however a report that clearly shows the overall picture, with summarised recommendations backed up with full reasoning, enables priorities to be set.
Peace of mind
Directors gain considerable peace of mind from establishing a health and safety action plan, involving the updating of risk assessments, the introduction of health and safety training modules and a programme of infrastructure improvements. Inspectors are supportive of companies that face the issues and they recognise that time and cost may dictate a phased approach. Wouldn’t you rather be safe than sorry?
