• Home
  • Blog
  • Legal Requirements for Risk Assessments and Safe Working Procedures

Legal Requirements for Risk Assessments and Safe Working Procedures


Ensuring
a safe working environment is not just a moral obligation but also a legal requirement for employers. Employers have a big responsibility: keeping their team safe and ensuring that their business complies with safe working procedures. 

In this blog, we’re going to discuss what are safe working practices, look at what are the legal requirements of risk assessments and explore working within policies and procedures that promote safe working conditions.

What Are Safe Working Practices?

“So what are safe working practices,” you ask? These are established safe working procedures aimed at minimising workplace hazards and ensuring safety across various industries and environments.

The governing policy, the Health and Safety at Work etc Act 1974 (HSWA), serves as the primary legislation regarding workplace safety standards. With its regulations and guidelines, the Health and Safety Act highlights specific steps and precautions for performing task and operating machinery, aiming to mitigate risks and prevent accidents.

It is imperative to work within policies and procedures conducive to health and safety. For example, in construction, where the work environment poses significant risks, strict adherence to safe working practices is crucial – one example is that all those on the construction site must wear protective gear. Similarly, offices, though less hazardous, require attention to prevent injuries such as slips, trips, and falls, or ergonomic issues from prolonged sitting.

Types of Safe Working Procedures

Safe working procedures, according to CHAS, can be categorised into three primary types, each addressing different aspects of workplace safety:

1. Physical Safe Working Practices

Physical safe working practices focus on the proper use and maintenance of tools, machinery, and equipment. It involves ensuring that workers have the correct tools for their tasks, and that these tools are well-maintained and in good working condition. Proper training and instruction on the safe use of tools are also essential to prevent accidents or injuries.

For instance, under the CDM Regulations 2015, construction clients, designers, and contractors are responsible for providing workers with appropriate tools and ensuring they are used correctly.

Another well-known working procedure, as mentioned above, is the Personal Protective Equipment at Work Regulations (PPER) 1992 (PPE). This working policy demands that employers must adhere to minimising employee exposure to hazards that may cause injuries or illnesses by providing protective gear. Employers must provide suitable PPE and ensure its proper use by employees.

2. Environmental Safe Working Practices

Environmental safe working practices aim to control environmental factors that could pose risks to workers. This includes ensuring adequate lighting in work areas, maintaining clean and hazard-free workstations, and ensuring proper ventilation in indoor spaces. Additionally, monitoring weather conditions to prevent workers from being exposed to extreme outdoor conditions during inclement weather is essential for maintaining a safe working environment, particularly in industries like construction.

3. Administrative Safe Working Practices

Administrative safe working practices encompass policies and processes designed to protect the health and safety of employees. By establishing clear administrative procedures, employers can ensure that safe working procedures are effectively communicated and adhered to throughout the organisation.

Administrative safe working practice examples: 

  • Training 

Employers are expected to provide comprehensive health and safety training to all employees. Employees must have adequate first aid facilities and receive appropriate first aid training.

  • Conducting regular health and safety risk assessments

Health and safety risk assessments comprehensive examination of potential workplace hazards, ranging from heavy machinery to tripping hazards, tailored to the industry or specific workplace setting. By proactively identifying and mitigating these hazards, employers can substantially diminish the likelihood of accidents and injuries.

  • Accident Reporting

Under Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), the appointed ‘responsible person’ should immediately report any near accidents and near misses.

Is Risk Assessment A Legal Requirement?

Yes, risk assessments are required by law for all UK businesses. There are several pieces of legislation that outline this requirement.

The main law governing workplace health and safety is the Health and Safety at Work Act 1974. While it doesn’t explicitly mandate risk assessments, it places the legal responsibility on employers and self-employed individuals to ensure workplace safety, which often involves conducting risk assessments.

Another important legislation is The Management of Health and Safety at Work Regulations 1999. This regulation specifies that employers must conduct a “suitable and sufficient assessment” of the risks to the health and safety of employees and others affected by their work activities. It also provides guidelines for recording and reviewing these assessments.

Additionally, other laws such as The Workplace (Health, Safety and Welfare) Regulations 1992 and industry-specific regulations like the Control of Substances Hazardous to Health Regulations (COSHH)  and The Control of Vibration at Work Regulations 2005, provide further guidance on risk assessment and management in specific contexts.

Overall, while risk assessments may not be explicitly required by every law, they are a critical aspect of safe working procedures, ensuring that employers take appropriate measures to identify and mitigate risks to their employees’ health and safety.

What Are The Legal Requirements of A Risk Assessment

Employers have a legal obligation to ensure that risk assessments are conducted as required by law. However, they are not necessarily required to personally conduct the risk assessment; they have the option to designate a “responsible person” for this task instead.

The steps involved in a risk assessment

  • Identify Hazards: Survey the workplace to pinpoint potential risks stemming from the environment, equipment, or work procedures.
  • Assess Risks: Evaluate the likelihood and potential severity of each identified hazard to prioritise risk management efforts effectively.
  • Control Risks: Take action to mitigate or eliminate identified risks, focusing on those posing the greatest threat to employee safety.
  • Record the Assessment: Document all findings if your workplace has more than five employees, meeting legal requirements and providing a reference for employees and inspectors.
  • Review Regularly: Ensure the risk assessment remains current and effective by periodically reviewing and updating it as needed to reflect any changes or new hazards.

Working Within Policies and Procedures

Understanding and complying with legal requirements related to risk assessment and safe working procedures are essential for maintaining workplace safety and preventing accidents and injuries. By prioritising safety and adhering to legal obligations, employers can protect their workforce and promote a culture of safety in the workplace. 

However, navigating through legal requirements and ensuring compliance can be complex. That’s where the expertise of health and safety professionals becomes invaluable. At FRS, with over 20 years of experience in the field, we’re here to help. Whether you need advice, guidance, or assistance in implementing safe working procedures, don’t hesitate to reach out. Contact our helpline or reach us at 01179 866397.

 

Share this article

Blog Filters

Use our handy blog filters to find what you’re looking for quickly. Search by keyword, category or tag.

Filter blog

Contact us

Unit 1
Station Road Workshops
Station Road
Kingswood
Bristol
BS15 4PJ

01179 866397

Call us today on 01179 866397 or get in touch today