HEALTH AND SAFETY AT WORK ACT AND THE COMPANY`S INTERNATIONAL EXPANSION IN THE UK
This article was written by Marcin Nowak, an expert with extensive industry experience obtained while serving as a quality manager on the High Speed 2 (HS2) project, and as a project engineer in the Crossrail and DLR 3 Car Enhancement programmes. Marcin has devoted his professional career not only to implementing key infrastructure projects but also to actively promoting and developing a culture of health and safety at work. Currently, through the product offering of RAMS boards, Marcin aims to change the perception of occupational health and safety in the professional space. His goal is not only to improve safety standards but also to facilitate communication within work teams, which is crucial for effective and safe operation at all stages of project realisation. With his knowledge and experience, Marcin Nowak contributes to building a positive image of occupational health and safety and introduces innovations that have a real impact on improving working conditions across many sectors.
REGULATORY BODIES FOR HEALTH AND SAFETY LEGISLATION IN THE UNITED KINGDOM
In today`s global business environment, international expansion is a key strategy for many firms seeking growth and increased competitiveness. Entering new markets, however, comes with a range of challenges, among which significant issues relate to compliance with local occupational health and safety regulations. When expanding into the UK market, the necessity to comply with the Health and Safety at Work etc. Act 1974 is not only a legal obligation but also an element that builds trust and responsibility towards employees and customers.
| Regulatory Bodies for Health and Safety Legislation in the United Kingdom | Scope of Responsibility | Actions |
|---|---|---|
| Health and Safety Executive (HSE) | An independent governmental body responsible for promoting, enforcing, and advising on health and safety regulations in the UK. | – Publishing advisory and informational materials – Conducting workplace inspections – Initiating criminal proceedings in case of violations – More information |
| Local Authorities | Local authorities enforce health and safety regulations in sectors such as restaurants, hotels, and retail stores. | – Conducting workplace inspections – Initiating criminal proceedings in case of violations – Contact your local city office/mayor for local requirements |
| Environment Agency | The agency responsible for enforcing health and safety regulations regarding hazardous substances and pollution. | – Conducting workplace inspections – Initiating criminal proceedings in case of violations – More information |
| Office for Nuclear Regulation (ONR) | An independent governmental body responsible for regulating safety in the nuclear industry in the UK. | – Publishing advisory and informational materials – Conducting inspections of nuclear power plants – Initiating criminal proceedings in case of violations – More information |
| Civil Aviation Authority (CAA) | An independent governmental body responsible for regulating safety in civil aviation in the UK. | – Publishing advisory and informational materials – Conducting inspections of airlines and airports – Initiating criminal proceedings in case of violations – More information |
LEGAL REQUIREMENTS FOR HEALTH AND SAFETY PROFESSIONALS IN THE UK
The legal requirements for health and safety professionals in the UK consist of several key components, which include qualifications, legislation, and duties related to their role. Here is a summary of these requirements:
QUALIFICATIONS:
| Qualifications | Requirements |
|---|---|
| Education | Health and safety professionals should have a postgraduate level education or certificates in occupational safety and health, recognised by the Institution of Occupational Safety and Health (IOSH). |
| Professional Experience | Experience in the field of health and safety, especially within a specific industry, is highly valued by employers and enhances candidates` job market prospects. |
| Membership in IOSH | While not legally required, membership in IOSH is seen as a benefit and can support professional development in the field of health and safety. |
CERTIFICATES AND TRAINING:
| Certificate / Training | Description | Target Group |
|---|---|---|
| NEBOSH National Certificate in Construction Health and Safety | An international certificate specific to the construction industry. | Health and safety professionals in the construction industry |
| IOSH Managing Safely in Construction | A certificate from the Institution of Occupational Safety and Health focused on managing safety in the construction industry. | Supervisors and managers in the construction industry |
| SSSTS (Site Supervisors` Safety Training Scheme) | Targeted at supervisors, it emphasises managing safety on-site. | Construction site supervisors |
| SMSTS (Site Management Safety Training Scheme) | For construction managers, focuses on managing safety on the construction site. | Construction managers |
| ECITB Management and Leadership for Safety in Construction | Targeted at leaders and managers, focuses on leadership and managing safety. | Leaders and managers in the industry |
LEGISLATION:
- Health and Safety at Work etc. Act 1974: This foundational act outlines the general duties of employers and employees regarding ensuring occupational safety and health.
- Management of Health and Safety at Work Regulations 1999: These regulations specifically define the requirements for risk assessment and risk control at work.
- Other Regulations: Depending on the industry, additional specific health and safety regulations may apply.
DUTIES:
- Risk Assessment: Health and safety professionals must identify and assess risks in the workplace.
- Developing and Implementing Health and Safety Programmes: It is necessary to create and implement work safety programmes that include risk control procedures and training for employees.
- Monitoring Health and Safety Programmes: Health and safety professionals are tasked with monitoring the effectiveness of implemented programmes and making necessary updates.
- Advising: Providing advice to employers and employees regarding occupational safety and health.
- Conducting Training: Organising and conducting occupational health and safety training for employees.
ADDITIONAL INFORMATION:
- Institution of Occupational Safety and Health (IOSH): https://www.iosh.com/
- Health and Safety Executive (HSE): https://www.hse.gov.uk/
Health and safety professionals in the UK must be well-versed in applicable legislation and continually update their knowledge and skills to effectively manage safety and health at work in line with the latest standards and practices.
DOCUMENTS IN BRITISH LAW
Labour Code / Employment Law
UK employment law regulates relations between employees, employers, and trade unions. Individuals working in the UK have a minimal set of employee rights, deriving from parliamentary acts, regulations, common law, and equity.
WHAT ARE THE MAIN UK EMPLOYMENT LAW REGULATIONS?
WHAT ARE 3 BASIC EMPLOYEE RIGHTS?
2. The right to the national minimum wage, paid leave, and pay slips.
3. Protection against unlawful discrimination.
HOW IS EMPLOYMENT LAW ENFORCED IN THE UK?
Equivalent of “Labour Code / Employment Law” in other Countries:
| Country | Equivalent of “Labour Code / Employment Law” |
|---|---|
| Germany | Arbeitsvertragsgesetz, ArbVG – part concerning employment law |
| France | Code du Travail |
| Italy | Codice del Lavoro |
| Spain | Estatuto de los Trabajadores |
| Poland | Kodeks Pracy |
| Netherlands | Burgerlijk Wetboek (BW) – part concerning employment law |
| Belgium | Code du travail / Arbeidswet |
| Sweden | Lag om anställningsskydd (LAS) |
| Denmark | Arbejdsmarkedslovgivningen |
| Austria | Arbeitsrecht / Arbeitsgesetzbuch |
Risk Assessment
Risk assessment is the process of identifying hazards that occur or may occur in the workplace. The way they can cause harm and taking steps to minimize them.
ARE RISK ASSESSMENTS REQUIRED BY UK LAW?
WHAT IS THE LEGAL DEFINITION OF RISK IN THE UK?
WHEN SHOULD A RISK ASSESSMENT BE CONDUCTED IN THE UK?
Equivalent of “Risk Assessment” in other Countries:
| Country | Equivalent of “Risk Assessment” |
|---|---|
| Germany | Gefährdungsbeurteilung |
| France | Évaluation des risques |
| Italy | Valutazione del rischio |
| Spain | Evaluación de riesgos |
| Poland | Ocena ryzyka |
| Romania | Evaluarea riscului |
| Netherlands | Risicobeoordeling |
| Belgium | Risicoanalyse / Évaluation des risques |
| Greece | Εκτίμηση κινδύνου (Ektími̱si̱ kíndynou) |
| Portugal | Avaliação de riscos |
Health and Safety at Work Act
The Health and Safety at Work Act 1974 (HASAWA) is an important legal document concerning workplaces in the UK. It ensures that all employers provide a safe working environment and care for the health of their employees – regardless of the workplace.
WHAT ARE THE HEALTH AND SAFETY REQUIREMENTS IN THE UK?
– Preparing a health and safety policy.
– Risk management and risk assessment at work.
– Reporting accidents and illnesses.
– Providing information and training.
– Consultations with employees.
– Provide adequate conditions at the workplace.
– First aid at work.
– Physical display of the employment law poster.
WHAT ARE THE 5 STEPS IN WORKPLACE HEALTH AND SAFETY?
1. Identify hazards.
2. Assess the risk.
3. Control the risk.
4. Record your findings.
5. Review the controls.
WHAT IS THE SIGNIFICANCE OF RIDDOR?
Equivalent of “Health and Safety at Work Act” in other Countries:
| Country | Equivalent of Health and Safety at Work Act |
|---|---|
| Germany | Arbeitsschutzgesetz (ArbSchG) |
| France | Code du travail (health and safety at work part) |
| Italy | Decreto Legislativo 81/2008 |
| Spain | Ley de Prevención de Riesgos Laborales |
| Poland | Ustawa o bezpieczeństwie i higienie pracy |
| Romania | Legea securității și sănătății în muncă |
| Netherlands | Arbowet (Arbeidsomstandighedenwet) |
| Belgium | Welzijnswet (Act concerning the welfare of employees in performing their work) |
| Greece | Νόμος περί Υγείας και Ασφάλειας στην Εργασία |
| Portugal | Lei da Segurança e Saúde no Trabalho |
Risk Assessment and Method Statement (RAMS)
An important health and safety document that is completed to determine the steps to be taken to perform a specific activity or task safely. RAMS can be used in conjunction with the risk assessment process.
WHO SHOULD WRITE A RAMS?
WHAT IS THE PURPOSE OF PREPARING A RAMS?
IS RISK ASSESSMENT A LEGAL REQUIREMENT IN THE UK?
Equivalent “Risk Assessment and Method Statement (RAMS)” in other Countries:
| Country | Risk Assessment and Method Statement (RAMS) Equivalent |
|---|---|
| Germany | Gefährdungsbeurteilung und Betriebsanweisung (GuB) |
| France | Document unique d`évaluation des risques professionnels (DUERP) |
| Italy | Valutazione dei Rischi |
| Spain | Plano de Seguridad y Salud |
| Poland | Instrukcja Bezpiecznego Wykonania Robót (IBWR) |
| Romania | Sistem de Securitate a Muncii (SSM) |
| Netherlands | Veiligheids Beheer Systeem (VBS) |
| Belgium | Veiligheid, gezondheid en milieu Checklist Aannemers (VCA) |
| Greece | Εκτίμηση Κινδύνου (Ektí̱mi̱si̱ Kíndynou) |
| Portugal | Plano de Prevenção de Riscos |
Inspection and Test Plan
The inspection and test plan defines the elements of materials and work that are to be subjected to inspection or tests, by whom and at what stage or frequency, as well as hold points and check points, references to relevant standards, acceptance criteria, and records that are to be maintained.
WHAT ARE INSPECTION AND TEST PLANS?
HOW TO WRITE AN INSPECTION AND TEST PLAN?
1. Prepare a list of activities and tasks to inspect.
2. Include sources of requirements from specifications and other reference documents.
3. Establish inspection criteria and its frequency if the process is repeatable.
4. Establish acceptance criteria. Remember the acceptance test tolerances.
5. Include verification documents in your inspection plan to control the inspection. Remember the signatures of inspectors present during the control.
6. Use a template for an inspection and test control plan (ITP).
WHAT IS THE PURPOSE OF AN INSPECTION AND TEST PLAN?
“Inspection and Test Plan” Equivalent in other Countries:
| Country | Inspection and Test Plan (ITP) Equivalent |
|---|---|
| Germany | Prüf – und Inspektionsplan (Prüfplan) |
| France | Plan d`Inspection et de Test (PIT) |
| Italy | Piano di Ispezione e Test (PIT) |
| Spain | Plan de Inspección y Prueba (PIP) |
| Poland | Plan Inspekcji i Badań (PIB) |
| Romania | Planul de Inspecție și Testare (PIT) |
| Netherlands | Inspectie- en Testplan (ITP) |
| Belgium | Inspectie- en Testplan (ITP) / Plan d`Inspection et de Test (PIT) |
| Greece | Σχέδιο Επιθεώρησης και Δοκιμών (ΣΕΔ) |
| Portugal | Plano de Inspeção e Teste (PIT) |
The Fire Safety Act
The Fire Safety Act clarifies the scope of fire safety regulation to explain that it applies to construction, external walls (including cladding and balconies), and individual entrance doors to apartments between living quarters and common parts of multi-family residential buildings.
WHICH PREMISES ARE LEGALLY COVERED BY FIRE SAFETY IN THE UK?
WHAT SHOULD A UK FIRE SAFETY PLAN INCLUDE?
WHAT ARE THE RULES REGARDING FIRE EXTINGUISHERS IN THE UK?
“The Fire Safety Act” Equivalent in other Countries:
| Country | The Fire Safety Act Equivalent |
|---|---|
| Germany | Bundesbrandschutzgesetz, BBKG |
| France | Loi sur la sécurité incendie |
| Italy | Legge sulla sicurezza antincendio |
| Spain | Ley de Seguridad Contra Incendios |
| Poland | Ustawa o Ochronie Przeciwpożarowej |
| Romania | Legea Securității la Incendiu |
| Netherlands | Brandveiligheidswet |
| Belgium | Wet betreffende de brandveiligheid |
| Greece | Νόμος Πυρασφάλειας |
| Portugal | Lei da Segurança Contra Incêndios |
LEGAL RESPONSIBILITY OF HEALTH AND SAFETY PROFESSIONALS IN THE UK
Health and safety professionals in the UK have a range of legal obligations, and their non-compliance can result in civil and criminal liability:
| Aspect | Examples | Consequences |
|---|---|---|
| Civil liability | – Improper risk assessment – Lack of training for employees – Improper advice to employers | – Medical costs – Loss of earnings – Pain and suffering |
| Criminal liability | – Endangering the health and safety of employees – Causing an accident at work | – Fines – Imprisonment |
| Limitation of liability | – Endeavouring to fulfil their duties – Complying with applicable regulations – Inability to foresee the event that led to the damage | Opportunity to defend against accusations |
SPECIFICS OF HEALTH AND SAFETY TRAINING FOR EMPLOYEES IN THE UK
In the UK, the responsibility for providing health and safety lies largely on the shoulders of employers. Acts such as the Health and Safety at Work etc. Act 1974 and the Management of Health and Safety at Work Regulations 1999 impose on them the duty to organize health and safety training for their employees. Here`s what you need to know about the specifics of these trainings.
LEGAL REQUIREMENTS
- Health and Safety at Work etc. Act 1974 – the act requires employers to provide adequate health and safety training so that employees can safely perform their duties.
- Management of Health and Safety at Work Regulations 1999 – these regulations precisely define the minimum requirements for health and safety training, including their frequency and scope.
TYPES OF TRAINING
- Initial Training: Should cover general health and safety issues, conducted before an employee starts work.
- Periodic Training: Aims to update the knowledge of employees, conducted on a regular basis.
- Specialist Training: For employees performing high-risk tasks, focuses on specific hazards and methods to avoid them.
Basic Health and Safety Training for UK Workers
| Certificate | Description |
|---|---|
| CSCS Card (Construction Skills Certification Scheme) | The CSCS Card is required for most workers on construction sites in the UK. This card confirms professional qualifications and knowledge of health and safety at work. There are various types of CSCS cards, tailored to the job role, qualification level, and experience. |
| IOSH Working Safely / Managing Safely | Courses offered by IOSH (Institution of Occupational Safety and Health), aimed at employees and managers. “Working Safely” is designed for workers at all levels of the organisation, aiming to raise awareness about safety. “Managing Safely” targets managers and supervisors, focusing on the practical aspects of managing health and safety at work. |
Specialist Health and Safety Training for Workers in the UK
| Certificate | Description |
|---|---|
| CPCS (Construction Plant Competence Scheme) | Certificates for construction equipment operators, confirming competencies in operating various types of machinery, such as excavators, loaders, cranes. There are different categories of CPCS cards, tailored to specific types of equipment. |
| NPORS (National Plant Operators Registration Scheme) | An alternative certification program for construction machinery operators, offering similar card categories as CPCS. This program is recognised in many construction sectors. |
| CISRS (Construction Industry Scaffolders Record Scheme) | A specialist certificate for scaffold riggers, including various levels of advance. It confirms skills and knowledge in the safe assembly of scaffolding. |
| ECITB (Engineering Construction Industry Training Board) | An institution offering trainings and certifications in the area of welding, electrical works, insulation, and other specialist fields related to engineering and construction. |
| CITB (Construction Industry Training Board) | Offers courses and practical skill assessments for various construction professions, such as bricklaying, carpentry, plumbing etc., supporting professional development of workers in the industry. |
Managerial Health and Safety Training for Workers in the UK
| Certificate | Description |
|---|---|
| SMSTS (Site Management Safety Training Scheme) | Training aimed at construction managers, intended to raise awareness and competence in managing safety on-site. It is concluded with obtaining a CITB certificate. |
| SSSTS (Site Supervisor Safety Training Scheme) | Training designed for foremen and those supervising work, focusing on key aspects of health and safety at work. Participants receive a CITB certificate upon completion. |
| NEBOSH National Construction Certificate in Occupational Health and Safety | An advanced health and safety certificate designed for management-level professionals in the construction industry, providing comprehensive knowledge and skills necessary for managing health and safety at work. |
Where can I find training for workers in the UK?
| Organisation | Website |
|---|---|
| HSE (Health and Safety Executive) | https://www.hse.gov.uk/ |
| CITB | https://www.citb.co.uk/ |
| CSCS | https://www.cscs.uk.com/ |
| ECITB | https://www.ecitb.org.uk/ |
| NPORS | https://www.npors.com/ |
Training Contents
Health and Safety training must be tailored to the specificity of the workplace, with typical topics such as:
- Risk assessment
- Emergency procedures
- Use of personal protective equipment
- Ergonomics
- First aid
TRAINING METHODS
Training can take various forms, depending on the needs of the employer and employees:
- Lectures
- Practical exercises
- E-learning
EFFECTIVENESS EVALUATION OF TRAININGS
The effectiveness evaluation is conducted to ensure that workers have acquired the necessary knowledge and skills. This is a key element of the training process.
COLLABORATING WITH LOCAL HEALTH AND SAFETY SERVICES IN THE UK: WHY IS IT WORTHWHILE?
Workplace health and safety is not only a legal requirement but primarily key to ensuring a healthy and safe environment for all employees. In the UK, collaborating with local health and safety services offers numerous benefits that translate into improved working conditions and the protection of health and life of employees.
Benefits of Collaborating with Local Health and Safety Services
- Improvement of Health and Safety at Work: Local health and safety services possess knowledge and tools that help in identifying potential hazards. This enables quick problem solving, directly impacting the reduction of accident risks and occupational diseases.
- Increased Awareness: Regular trainings and access to current information on workplace safety, offered by local services, enhance both employer`s and employee`s awareness.
- Fulfilment of Legal Requirements: Collaborating with local health and safety services is one of the most effective ways to ensure compliance with legal regulations. This can prevent potential sanctions and increases the level of trust among employees and customers.
- Saving Time and Costs: Proactive actions in workplace safety can significantly reduce costs associated with accidents, such as insurance fees or compensations.
Ways of Collaborating with Local Health and Safety Services
- Accident Reporting: Prompt reporting of any accidents or occupational diseases is crucial for risk analysis and preventing similar events in the future.
- Organising Health and Safety Inspections: Regular inspections help maintain a high level of workplace safety.
- Participation in Trainings: Taking advantage of the training offers of local health and safety services enhances employee qualifications and awareness.
- Consultations: Local health and safety services provide support and advice on best practices.
Local Health and Safety Services in the UK
- Health and Safety Executive (HSE): The main body responsible for overseeing compliance with health and safety regulations.
- Local Authorities: Local government authorities supporting companies in matters of workplace safety in their area.
- Trade Unions: Trade unions may offer additional support and advice.
Collaborating with local health and safety services is an investment in safety that yields long-term benefits. By ensuring proper training, monitoring safety conditions, and using external consultancy, companies can create a safe and healthy workplace for all their employees.