Employers have responsibilities for the health and safety of their employees and any visitors to their premises such as customers, suppliers and the general public. As well as these duties, there are regulations to deal with particular hazards and for industries where hazards are particularly high. The Health and Safety at Work (Northern Ireland) Order 1978 is the primary piece of legislation
covering work-related health and safety in Northern Ireland. It sets out a lot of your employer's responsibilities for your health and safety at work. Additionally, specific regulations cover particular areas, including lead, asbestos, chemicals, construction work, and gas safety. Visit the HSENI website for the many ways in which they can help you with these particular issues. The Health and Safety Executive is responsible for enforcing health and safety at work.
Risk assessmentsYour employer has a 'duty of care' to make sure, as far as possible, your health, safety and welfare while you're at work. They should start with a risk assessment to spot possible health and safety hazards. They have to appoint a 'competent person' with health and safety responsibilities usually one of the owners in smaller firms, or a member of staff trained in health and safety. Businesses employing five or more peopleFor businesses employing five or more people, there must also be:
Your employer's duty of care in practiceAll employers, whatever the size of the business, must:
Making the workplace safe and healthySo that the work premises provide a safe and healthy place to work, your employer should:
Reporting injuries, diseases and dangerous occurencesThere is a legal obligation to report certain types of incident in the workplace to the relevant authorities. Employers, self-employed people, and people in control of premises have a legal duty to report the following:
Reporting an accidentTo report injuries, near misses, fires or explosions which have occurred as a result of work on or near to electrical systems by others, or incidents arising from leisure and other non-work activities close to electrical plant, or from equipment failure, use the form below:
Carriage of explosivesThe transport of explosives is covered by international agreements and European directives. All businesses and individuals must make sure they are fully informed of the correct way to transport explosives to meet safety standards and reduce the risk of incident.
This document should be read with:
What to do nextYou also have responsibilities for your own health and safety at work. You can refuse to do something that isn't safe without being threatened with disciplinary action. If you think your employer isn't meeting their responsibilities, talk to them first. Your safety representative or a trade union official may be able to help you with this. As a last resort, you may need to report your employer to the Health and Safety Executive for Northern Ireland or to the environmental health department of your local authority. If you are dismissed for refusing to undertake an unsafe working practice, you may have a right to claim unfair dismissal at an Employment Tribunal.
Where to get helpThe Labour Relations Agency (LRA) and Advice NI offer free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. More useful links
Who is responsible for the safety in the workplace?While the main responsibility of health and safety in the workplace falls on the employer, it is also the responsibility of the employee to help create a safe working environment. This is especially important during the COVID-19 pandemic.
Who should be responsible to identify and report hazards in the workplace?You should report any actual or potential health and safety hazard immediately to your supervisor. You do not need to wait for an inspection team to come by. In fact, health and safety legislation requires workers to report hazards to their supervisor.
Who is responsible for hazards?In the case that it is private property, the owner of the property is responsible for fixing the hazard. However, when it comes to the workplace, it is the responsibility of the employer to keep the workplace safe from any hazardous conditions, even if they do not own the building or property.
Who is responsible for conducting a hazard assessment?The employer is responsible for risk assessments within a workplace, meaning that it is their responsibility to ensure it is carried out. An employer can appoint an appropriate individual to carry out a risk assessment on behalf of the organisation, as long as they are competent to do so.
|