The United Kingdom has a robust framework for health and safety risk assessments, primarily governed by two key pieces of legislation: The Health and Safety at Work Act 1974 (HASA or HSW) and the Management of Health and Safety at Work Regulations 1999.
Health and Safety at Work Act 1974 (HASAW or HSW)
The HASAW or HSW is the primary legislation covering occupational health and safety in the UK. It outlines the general duties that employers have towards employees and the public, and that employees have to themselves and each other. These duties are qualified by the principle of ‘so far as is reasonably practicable’, meaning an employer does not have to take measures to avoid or reduce risk if they are technically impossible or if the time, trouble, or cost of the measures would be grossly disproportionate to the risk. The Act also establishes the Health and Safety Executive (HSE), which is responsible for enforcing workplace health and safety regulations.
Management of Health and Safety at Work Regulations 1999
This regulation places a duty on employers to assess and manage risks to their employees and others arising from work activities. It also makes provision for the appointment of competent persons, sets out procedures in the event of serious and imminent danger to persons at work, requires employers to provide employees with health and safety training, and establishes a Health and Safety Commission to propose new regulations and approved codes of practice.
In addition to these primary pieces of legislation, there are several other regulations that require risk assessments related to specific hazards:
- Control of Substances Hazardous to Health Regulations 2002 (COSHH): This regulation requires employers to control substances that are hazardous to health. Measures include identifying health hazards, deciding how to prevent harm to health (risk assessment), providing control measures to reduce harm to health, ensuring they are used, keeping all control measures in good working order, providing information, instruction, and training for employees and others, providing monitoring and health surveillance in appropriate cases, and planning for emergencies.
- Work at Height Regulations 2005 (WAHR): This regulation requires employers to ensure that a sufficient risk assessment is carried out so that all potential work at height risks are effectively identified, controlled, and managed. Every employer must also ensure that employees are appropriately trained to ensure that they can carry out their work safely.
- Health and Safety (Display Screen Equipment) Regulations 1992: This regulation requires employers to carry out a DSE workstation assessment to reduce the risk of injury for users. People who habitually use computers as a significant part of their normal work (significant is taken to be continuous / near-continuous spells of an hour at a time) e.g. data input operators, telephonists, and secretaries, have to be provided with a safety training which includes a DSE risk assessment.
In conclusion, the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 are the key pieces of legislation that cover H&S Risk Assessments in the UK. For more detailed information, consider consulting a legal expert or visiting the official HSE website. This in-depth analysis provides a comprehensive understanding of the legislative landscape for health and safety risk assessments in the UK. It is crucial for employers to understand and adhere to these regulations to ensure a safe and healthy working environment.
