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Health and Safety at Work
Health and Safety at work is chiefly concerned with the prevention of injury or disease to people at work and those who visit the workplace.
Legal responsibilities are placed on employers, including the self-employed, employees and manufacturers of equipment, as well as those who fit and maintain it.
In Northern Ireland, Local Authorities are responsible for enforcing this legislation in premises where the following activities take place. Other premises are dealt with by the Northern Ireland Health and Safety Executive.
Local Authority Enforcement
- Sale or storage of goods for retail or wholesale distribution, with certain exceptions
- Display or demonstration of goods at exhibitions
- Office activities
- Catering services
- Provision of permanent or temporary residential accommodation including caravan and camping sites
- Provision of consumer services in a shop with certain exceptions
- Coin operated launderettes and similar cleaning premises
- Cosmetic and therapeutic treatments with certain exceptions
- Various leisure activities, including entertainment and other cultural or recreational activities
- Hiring of pleasure craft on inland waters
- Care, treatment, accommodation or exhibition of animals, with certain exceptions
- Undertaking activities except embalming or coffin making
- Church worship or religious meetings
- Provision of car parking facilities within airport perimeters
- Provision of childcare, playgroup or nursery facilities
Environmental Health Officers have the power to enter and inspect business premises at all reasonable hours and they will usually come without advance notice. They carry out routine inspections and may also visit as the result of a complaint. How often routine inspections happen depends on the potential risk posed by the type of business and its previous record.
Officers will look at the way the business is operated, identify potential hazards and make sure it complies with Health and Safety at Work legislation. They will discuss any problems with the proprietor and advise on possible solutions.
What to expect when a Health and Safety Inspector calls
For information on what to expect when a health and safety Inspector calls please click on the link below.
 What to expect when a Health and Safety Inspector Calls
What kind of action can inspectors take?
General Duties
Employers must ensure so far as is reasonably practicable the health, safety and welfare of all employees.
Health and Safety information can be obtained from the protect your profit guidance below.
Protect Your Profit
In addition where more than four people are employed, a written statement must be produced outlining the policy of the company and the method used to meet these duties. (Health and Safety at Work (NI) Order 1978).
Risk Assessment
Employers must assess the risks to employees and other people who would be affected while at work. Measures to control these risks must be established to meet legal requirements. (Management of Health and Safety at Work Regulations (NI) 1992).
Structures and Equipment
Minimum standards for buildings, equipment and cleanliness, comfort and meals must be met.
(Workplace (Health and Safety at Work) Regulations (NI) 1993)
(Provision and Use of Work Equipment Regulations (NI) 1993).
Moving and Lifting Goods
Where anything is moved by physical strength, an assessment must be made of the load, the person and the hazard to ensure that no risk is present.
(Manual Handling Operations Regulations (NI) 1992).
Accidents and Injuries
The effect of a serious injury to a key staff member can have a profound effect on a small business.
To allow monitoring of such incidents, certain types of accidents or occurrence must be reported. These are:
- Death;
- Any fracture, other than to the fingers, thumbs or toes;
- Any amputation;
- Dislocation of the shoulder, hip, knee or spine;
- Loss of sight (whether temporary or permanent);
- A chemical or hot metal burn to the eye or any penetrating injury to the eye.
Any injury resulting from an electric shock or electrical burn (including any electrical burn caused by arcing or arcing products) leading to unconsciousness or requiring resuscitation or admittance to hospital for more than 24 hours.
Any other injury:
- Leading to hypothermia, heat-induced illness or to unconsciousness;
- Requiring resuscitation; or
- Requiring admittance to hospital for more than 24 hours;
- Loss of consciousness caused by asphyxia or by exposure to a harmful substance or biological agent.
- Either of the following conditions which result from the absorption of any substance by inhalation, ingestion or through the skin -
- Acute illness requiring medical treatment; or
- Loss of consciousness.
- Acute illness which requires medical treatment where there is reason to believe that this resulted from exposure to a biological agent or its toxins or infected material.
Hazardous Substances
Employers must assess the risks which might arise from the use of chemicals (Control of Substances hazardous to Health Regulations (NI) 1990). Most of this information can be obtained from the label on the container or from data sheets available from the supplier. You must also assess the effects of the procedure involved and take whatever precautions are necessary to avoid harmful effects. Advice can usually be obtained from the supplier or manufacturer.
Display Screen Equipment
Employers have a duty to carry out a suitable and sufficient analysis of workstations for the purpose of assessing the health and safety risks to which users are exposed. Once risks have been identified, appropriate steps should be taken to reduce risk.
First Aid
An employer must make an assessment of and provide equipment and facilities as are adequate for enabling first aid to be rendered to employees if they are injured or become ill at work. (Health and Safety (First Aid) Regulations (NI) 1982.
At least one first aid container with a sufficient quantity of first aid materials should be provided at each site. Tablets and medications should not be kept.
If you have any comments, require any further guidance or advice, do not hesitate to contact the Health and Safety Team of the Environmental Health Service for a response, at Castlereagh Borough Council, Civic and Admin Offices, Bradford Court, CASTLEREAGH, BT8 6RB. Telephone 028 9049 4640
What kind of action can inspectors take?
When we take enforcement action, Castlereagh Borough Council try to be fair and treat all businesses in a similar way.
We will explain why we are taking the action and will give business owners the opportunity to have their views heard if they have concerns.
Most councils have an enforcement policy which sets out more detailed guidelines for enforcement action.
Inspectors can take the following actions, depending on the level of risk they believe is posed to people's health and safety.
Informal
If a breach of the law is relatively minor, the inspector may tell a business owner what to do to comply with the law and explain why.
He or she can confirm this in writing if asked.
The inspector will also try to identify what is a legal requirement and what is best practice.
Improvement Notice
When a breach of the law is more serious, the inspector may issue an Improvement Notice and will, where possible, talk to a business owner about the notice and what it means before it is served.
The notice explains what needs to be done, why and by when.
The time given for work to be carried out will always be more than 21 days, as you have a right of appeal to an industrial tribunal.
An extension of time can also be given in reasonable circumstances.
The inspector can prosecute you if the work listed on your notice isn't finished by the date requested.
Prohibition Notice
Where an activity involves, or will involve, a risk of serious personal injury, the inspector may serve a Prohibition Notice to stop that activity until action is taken to prevent people being harmed.
The notice can take effect immediately or may, in certain circumstances, require the activity to stop within a number of days.
Where possible, this will be discussed with the business owner.
The notice will explain why the action is necessary and details about how to appeal to an industrial tribunal will be given.
Prosecution
In some cases, the inspector may feel that it is necessary to take a prosecution to court.
Our enforcement policy has more details about how decisions to prosecute are taken.
Laws regarding health and safety at work allow for large fines and even imprisonment if they are not followed correctly.
For example, failure to comply with an Improvement or Prohibition Notice, or a court order taken in a Magistrates' Court, can result in a fine of up to £20,000, or six months' imprisonment, or both.
Cases taken to the Crown Court can lead to unlimited fines and a prison sentence.
Appeals
When an Improvement or Prohibition Notice is served, it will include details of how to appeal to an industrial tribunal along with a copy of the appeal form if you need to use it.
You will also be informed that your Improvement Notice will be suspended until the appeal hearing.
However, a Prohibition Notice usually continues to have effect until the date of the tribunal.
How do I carry out a risk assessment?
What posters must be displayed in the workplace?
What do I do if a member of staff has an accident at work?
I would like to open a business - what should I do next?
Risk Rating of Business Premises Explained
How do I carry out a risk assessment?
Risk assessments are a legal requirement under the Management of Health and Safety at Work Regulations (NI) 2000.
Regulation 3 of these regulations stipulates that:-
Every employer shall make a suitable and sufficient assessment of the following-
The risks to the health and safety of his employees to which they are exposed whilst they are at work; and
The risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.
The Approved Code of Practice goes on to say -
This regulation requires all employers and self-employed people to assess the risks to workers and any others who may be affected by their work or business. This will enable them to identify the measures they need to take to comply with health and safety law. All employers should carry out a systematic general examination of the effect of their undertaking, their work activities and the condition of the premises. Those who employ five or more employees should record the significant findings of that risk assessment.
A risk assessment is carried out to identify the risks to health and safety to any person arising out of, or in connection with, work or the conduct of their undertaking. It should identify how the risks arise and how they impact on those affected. This information is needed to make decisions on how to manage those risks so that the decisions are made in an informed, rational and structured manner, and the action taken is proportionate.
A risk assessment should usually involve identifying the hazards present in any working environment or arising out of commercial activities and work activities, and evaluating the extent of the risks involved, taking into account existing precautions and their effectiveness. In this approved code of practice:
- (a) Hazard is something with the potential to cause harm (this can include articles, substances, plant or machines, methods of work, the working environment and other aspects of work organisation);
- (b) A risk is the likelihood of potential harm from that hazard being realised. The extent of the risk will depend on:
- (i) The likelihood of that harm occurring;
- (ii) The potential severity of that harm, i.e. of any resultant injury or adverse health effect; and
- (iii) The population which might be affected by the hazard, i.e. the number of people who might be exposed.
The purpose of the risk assessment is to help the employer or self-employed person to determine what measures should be taken to comply with the employer's or self-employed person's duties under the 'relevant statutory provisions' and part (ii) of the fire regulations. This covers the general duties in the Health and Safety at Work (NI) Order 1978 (HSWO), and the requirements of part (ii) of the fire regulations and the more specific duties in the various acts and regulations associated with the HSWO. Once the measures have been determined in this way, the duty to put them into effect will be defined in the statutory provisions. For example a risk assessment on machinery would be undertaken under these regulations, but the Provision and Use of Work Equipment Regulations (NI) 1999 determine what precautions must be carried out.
To view or download a copy of Risk Assessment Simplified, please click here http://www.hseni.gov.uk/index/information_and_guidance/general_health_and_safety_guidance.htm
What posters must be displayed in the workplace?
A copy of the approved poster entitled 'Health and Safety Law in Northern Ireland' should be displayed in the workroom, in a position where it can be read easily by the workforce. Alternatively employees may be given an approved leaflet containing the same information.
The poster and leaflet may be obtained from The Stationery Office (TSO), 16 Arthur Street Belfast. Telephone: 028 9023 8451.
(This is a requirement of the Health and Safety Information for Employees Regulations (NI) 1991).
What do I do if a member of staff has an Accident at work?
RIDDOR is the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (NI) 1997 and requires the reporting of work-related accidents, diseases and dangerous occurrences. It applies to all work activities, but not to all incidents. For further information click here to ACCIDENT AND INJURIES link.
http://www.hseni.gov.uk/index/information_and_guidance/general_health_and_safety_guidance.htm
I would like to open a business - what should I do next?
Starting Up
If you intend to start up a new business, or take over an existing one, you must register your business with the Council.
How to register
You need to complete the application form. You can either:
- Download an Application form: OSP1 Application Form
- Contact us and we will send the form to you:
The Environmental Health Manager,
Castlereagh Borough Council,
Civic & Admin Offices,
Bradford Court,
Upper Galwally,
CASTLEREAGH,
BT8 6RB
Telephone No: (028) 9049 4640
Fax No: (028) 9049 4625
Risk Rating of Business Premises Explained
All premises are risk assessed and reviewed after each planned programmed inspection with a view to enabling resources to be targeted at those employers and activities that pose the greatest risk to Health and Safety.
The total score then determines which risk category the business falls into and how often it needs to be inspected.
The categories and inspection frequencies are as follows:
| Category |
Inspection Rating |
Frequency |
| A |
>=186 |
At least every 12 months |
| B1 |
>171-185 |
At least every 18 months |
| B2 |
156-170 |
At least every 24 months |
| B3 |
141-155 |
At least every 36 months |
| B4 |
126-140 |
At least every 60 months |
| C |
<=125 |
At least every 72 months |
The risk rating system outlines the period between programmed inspections. This is not restrictive, and as part of the departments proactive enforcement approach officers may visit your premises at anytime for the purpose of:
- Complaints Investigation
- Information
- Accident Investigation
Health and Safety Inspection Programmes and Inspection Rating System
Useful Websites
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