Creating a health & safety policy

If five or more people are employed in a business, Section 2 (3) of the Health and Safety at Work etc. Act 1974 and Article 4(3) Health and Safety at Work (Northern Ireland) Order 1978 require them to draw up a written statement setting out the company's policy, as well as the organisation and arrangements for health and safety at work. The statement should explain the responsibilities of various individuals and it should contain or refer to company rules, regulations and procedures on health and safety matters. The statement has to be brought to the attention of all employees.

The content of a health and safety policy will depend on the size of the company and the type of work it does. A health and safety procedure and policy is suitable for the needs of a small company of up to 100 employees.

Where applicable, the policy statement should indicate:

• The main hazards involved in any work processes and rules or regulations relating to the handling of toxic or flammable substances, guarding of machines, protective clothing, etc. (If these rules and regulations are lengthy, it is advisable to set them out in a separate document and to refer to it in the policy, saying where the document is available for inspection.)
• Arrangements for consultation with employees on health and safety matters, including the constitution and functions of any safety committee
• The arrangements for appointing and training safety representatives
• The functions of safety representatives
• The responsibilities and functions of the safety officer

The Government frequently issues health and safety regulations which relate to specific areas, for example, The Personal Protective Equipment at Work Regulations 1992 (The Personal Protective Equipment at Work Regulations (Northern Ireland) 1993) and The Manual Handling Operations Regulations 1992 (The Manual Handling Operations Regulations (Northern Ireland) 1992). The regulations are intended to supplement the general duties imposed by the Health and Safety at Work etc. Act 1974 and the Health and Safety at Work (Northern Ireland) Order 1978 with more specific requirements. Many of the requirements relate to the duties and obligations resting on the shoulders of the employer to manage health and safety in the workplace.

Employers are required to have competent assistance in applying the provisions of health and safety law. For assistance in this task, an employer should appoint one or more competent persons to help them in applying the provisions of the health and safety law. This employee will be regarded as the 'Health and Safety Official'. Dismissal of such an official for carrying out any activities in this capacity would render the dismissal automatically unfair.

The employer is responsible for ensuring that the person(s) chosen to be a 'Health and Safety Official' are competent to carry out their assigned tasks. The competent person must be able to understand and apply the principles of risk assessment, current legislation and standards. The competent person(s) should have sufficient knowledge, skill and experience to undertake their role.

Employers need to properly assess what risks to their employee’s health and safety exist. Employees should then be given relevant and easily understood information on these risks and the preventive and protective measures that can be used.

An employer should also take into account their employees' capabilities when entrusting them with a task. It is absolutely essential that they are competent to deal with the health and safety issues and that they receive the appropriate training.

Employees also have specific responsibilities when it comes to health and safety. All employees must use machinery, equipment, dangerous substances, transport equipment, means of production or safety devices provided to them in accordance with their training. However, this does not in any way reduce the employer's responsibilities.