Occupational Safety Master

Sheet 5: Health and Safety Law : How well are you coping?

Basic Questionnaire

About This Questionnaire...

This questionnaire has been designed by RoSPA to remind you about some of the main legal requirements on health and safety at work which apply to most businesses - recognising that there will be further specific requirements and standards which relate to your business and of which you should also be aware.

It is not an exhaustive checklist but is intended to help raise your awareness of key health and safety duties and points of guidance and pinpoint areas in which you may need to improve your response. Sections A-G deal with legal duties and Section H has questions to test your general awareness of health and safety.

A - Managing...

Your Policy

Yes No

1.0 Do you have a written health and safety policy statement setting out your company’s approach to ensuring the safety and health of your employees and others who may be affected by your business? (Applies to companies with five employees or more)
[HSW Act, Section 2(3)]

Yes No

1.1 If the answer is YES , does the policy set out clearly the organisation (people) and arrangements (procedures) for putting the policy into practice (including arrangements for effective planning, organisation, control, monitoring and review of protective measures?
[HSW Act, Section 2(3) plus MHSW Regs, Regulation 4]

Yes No

1.2 Is the policy up-to-date?
[HSW Act, Section 2(3)]

Yes No

1.3 Has it been signed by the Chief Executive?
[Guidance]

Yes No

1.4 Has the policy been communicated to all employees?
[HSW Act, Section 2(3)]

Yes No

1.5 Is the policy regularly reviewed following periodic review of your health and safety management system?
["Successful Health and Safety Management" HS(G)65]

Risk Assessment

Yes No

2.0 Has your company carried out suitable and sufficient risk assessments in relation to all significant sources of harm (hazards) arising from its activities, and (where more than five persons are employed) recorded the results? (See hazard prompt list)
[MHSW Regs, Regulation 3]

Yes No

2.1 Do these assessments: identify all relevant hazards; assess the significance of risks to which they give rise; identify "at risk" groups; identify legal and other control measures; and specify necessary arrangements to ensure that such measures continue to be effective?
[MHSW Regs, Regulation 3 and ACOP paras 3-27]

2.2 In particular have such assessments been carried out in relation to:

Manual Handling (MHO Regs)
Yes No N/A
Personal Protective Equipment (PPE Regs)
Yes No N/A
Display Screen Equipment (DSE Regs)
Yes No N/A
Noise (NAW Regs)
Yes No N/A
Substance Hazardous to Health (COSHH Regs)
Yes No N/A
Asbestos (CAW Regs)
Yes No N/A
Lead (CLAW Regs)
Yes No N/A


Yes No

2.3 Have assessments been carried out by "competent" persons?

Yes No

2.4 Are assessments up-to-date?
[MHSW Regs, Regulation 3 and ACOP paras 10 and 11]

Yes No

2.5 Have the results of assessment been communicated to all relevant employees?
[MHSW Regs, Regulation 8 (a) and (b)]

Competent Persons

Yes No

3.0 Has your company appointed one or more "competent" persons to assist it in undertaking the measures it needs to take to comply with its legal obligation on health and safety?
[MHSW Regs, Regulation 6 and ACOP paras 34-40]

Yes No

3.1 Have persons so appointed been clearly designated in the health and safety policy?
[MHSW Regs, Regulation 6 and ACOP para 34]

Cooperation and Co-ordination

Yes No N/A

4.0 Has your company established necessary arrangements for cooperation with other employers/self-employed persons in relation to shared workplaces and activities?
[MHSW Regs, Regulation 9 and ACOP paras 57-65]

Supervision

Yes No

5.0 Are all employees properly supervised with regard to health and safety - including all young workers and new starters?
[HSW Act, Section 2(2)(c)]

Consultation

Yes No N/A

6.0 Do you make adequate arrangements for consulting employee safety representatives where they have been appointed?
[HSW Act, Section 2 and SRSC Regs]

B - Premises...

Notification

Yes No

7.0 If you occupy industrial or commercial premises, have you notified the local inspectorate?

Safety

Yes No

8.0 Are premises safe and without risks to health?
[HSW Act, Section 2(2)(d)]

Access and Egress

Yes No

9.0 Is there safe means of access and egress from all parts of the premises?
[HSW Act, Section 4(2)]

Workplace Requirements

10.0 Has your company made adequate provisions with regard to essential workplace requirements:
[MHSW Regs]

Maintenance of all equipment, devices and systems
Yes No N/A
Ventilation
Yes No N/A
Temperature
Yes No N/A
Lighting
Yes No N/A
Cleanliness
Yes No N/A
Room dimensions and space
Yes No N/A
Workstations and seating
Yes No N/A
Conditions of floors and traffic routes
Yes No N/A
Prevention of falls of people and materials
Yes No N/A
Windows, transparent doors, gates and walls
Yes No N/A
Safe window cleaning
Yes No N/A
Safe traffic routes
Yes No N/A
Doors and gates
Yes No N/A
Escalators
Yes No N/A
Sanitary conveniences
Yes No N/A
Washing facilities
Yes No N/A
Drinking water
Yes No N/A
Accommodation for clothing
Yes No N/A
Facilities for rest and meals
Yes No N/A

Fire Certificate

Yes No

11.0 Do any of your premises require a Fire Certificate?
[Fire Precautions Act 1971]

Yes No

11.1 If so, are you complying with conditions set out in the Fire Certificate?
[Fire Precautions Act 1971]

C - Plant and Machinery...

Work Equipment

Yes No

12.0 Does all work equipment meet the requirements of the Provision and Use of Work Equipment Regulations and the Factories Act 1961?
[PUWE Regs and Factories Act]

Electricity

Yes No N/A

13.0 Do you meet the requirements of the Electricity at Work Regulations, including regular inspection of all electrical equipment by a "competent" person?
[Electricity at Work Regs]

D - Substances...

Substances Hazardous to Health

Yes No N/A

14.0 Does your company ensure adequate control of exposure of employees and others to substances hazardous to health, in particular by complying, wherever appropriate, with Occupational Exposure Limits?
[COSHH Regs, CAW Regs, CLAW Regs]

Dangerous Substances

Yes No N/A

15.0 Does your company ensure the safe transport, storage and use of: flammable liquids, gases and solids; explosives and caustic substances?
[HSW Act, Section 2(2)(b) and other legislation including the HFL and LPG Regs]

Yes No N/A

15.1 If you have over 25 tonnes of dangerous substances on site, have you notified HSE and put up notices?
[NMS Regs]

Labelling

Yes No N/A

16.0 Are all harmful and dangerous substances clearly labelled?
[CHIP Regs, HSW Act, Section 2(2)]

Material Hazard Data Sheets

Yes No N/A

17.0 Are material hazard data sheets provided to all relevant employees and others?
[HSW Act, Section 2(2)(c)]

E - Procedures...

Safe Systems of Work

Yes No

18.0 Does your company have clear procedures for ensuring safe systems of work?
[HSW Act, Section 2(2)(a]

Permits-to-Work

Yes No N/A

19.0 Do you have permits-to-work to ensure safety when carrying out high risk jobs?

Contingency Plans

Yes No

20.0 Has your company jot clearly established contingency plans to be followed in the event of serious and imminent danger (including stop-the-job) and evacuation procedures) under the control of "competent" persons?
[MHSW Regs, Regulation 7 and ACOP paras 41-52]

Yes No N/A

20.1 Has your company designated danger/exclusion areas?
[MHSW Regs, Regulation 7(1)(c) and ACOP paras 51-52]

Reporting

Yes No

21.0 Does your company have arrangements in place to report accidental injuries, diseases and dangerous occurrences under RIDDOR (the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) and keep records?
[RIDDOR]

First Aid

Yes No

22.0 Has your company made appropriate provision for First Aid - including: appointed persons and/or trained first aiders; first aid boxes (and equipment and facilities where necessary); and notices about First Aid provision?
[First Aid at Work Regs]

F - People...

Capabilities and Training

Yes No

23.0 Has your company assessed the capabilities and training needs of all employees with regard to health and safety and provided adequate health and safety training?
[HSW Act, Section 2(2)(c), MHSW Regs, Regulation 11 and ACOP paras 70-75]

23.1 In particular, has adequate training been provided for all employees:
[MHSW Regs, Regulation 11 Section 2(a)-(b)]

Yes No

At induction?

Yes No

On change of responsibilities?

Yes No

On introduction/modification of work equipment?

Yes No

On introduction of new technology?

23.2 Is training:
[MHSW Regs, Regulation 11 Section 3]

Yes No

Repeated periodically?

Yes No

Adapted to take account of changes?

Yes No

Provided free of charge and during working hours?

Information

Yes No

24.0 Do you provide comprehensible and appropriate health and safety information to all relevant employees (and others as necessary), including information: from assessments; on control measures; and on emergency procedures?
[HSW Act, Section 2(2)(c) and MHSW Regs, Regulation 8 & Regulation 10 and ACOP paras 53-56, 57-65, 66-69]

Yes No

24.1 Does your company display the statutory poster "Health and Safety Law: What You Should Know" together with the names of the local office of the enforcing authority and the local Employment Medical Adviser (or give out the same information in a leaflet)?
[Information to Employees Regs]

Health Surveillance

Yes No N/A

25.0 Are employees provided with appropriate health surveillance - for example, where indicated by risk assessment?
[MHSW Regs, Regulation 5, ACOP paras 30-33, COSHH Regulation 11 and ACOP paras 77-92]

G - Other Things...

Insurance

Yes No

26.0 Do you display an employer’s liability insurance certificate?
[Employer’s Liability Compulsory Insurance Act]

Children

Yes No

27.0 If you are an industrial undertaking, do you employ children under school leaving age (apart from those on work experience schemes)?

Safe Design

Yes No

28.0 If you design, manufacture or supply articles/substances for use at work, are you ensuring the safety of your products, and providing adequate information to customers?
[HSW Act, Section 6 and CHIP Regs]

H - Did You Know?

Enforcement

Yes No

29.0 Did you know that inspectors have powers to prosecute and to issue notices requiring: improvements; cessation of work till improvements have been carried out; or prohibition of work altogether where there are serious uncontrolled risks?
[HSW Act, Sections]

Penalties

Yes No

29.1 Did you know that, if you are found guilty of a health and safety offence in a magistrates court, you can be fined up to £20,000?

Yes No

29.2 Did you know that, if you are found guilty of a health and safety offence in a Crown Court, you could face an unlimited fine and/or up to 2 years imprisonment?

Costs

Yes No

30.0 Did you know that every year within the UK there are 1.6 million injuries at work, 2.0 million cases of ill health (caused or made worse by work), leading to 29 million days off work and costing employers £9 billion and the UK as a whole between £11-16 billion - or between 1.75% and 2.75% of GDP?

Yes No

30.1 Did you realise that, on average, a small company employing 25 people, will have a reportable accident once every other year, a first aid injury every 2 months and a damage only accident every three days?

Yes No

30.2 Did you realise that the cost of injury and damage only accidents to a company employing 25 people can be as high as £26,000 per annum?

Yes No

30.3 Did you realise that investing in health and safety can make as high a contribution to profitability as increasing turnover?

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Patron: Her Majesty the Queen

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