EMPLOYERS' DUTIES

HEALTH AND SAFETY POLICIES

The Health and Safety at Work etc Act 1974; Section 2 (3) states;

Except in such cases as may be prescribed, it shall be the duty of every employer to prepare, and as often as may be appropriate revise, a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all his employees.

You must have a written policy on health and safety at work if you employ five or more members of staff at any one time (including Directors, yourself etc) This is a legal requirement. Don't forget, a band and/or its management is a business just like any other business and therefore require a Policy and other safety documentation.

Your written policy should include:

• a description of the general aims of the policy
• the structure of responsibility within the company for health and safety
• the rules and arrangements for safe working practice.

RISK ASSESSMENTS

Regulation 3 of The Management of Health and Safety at Work Regulations 1999 states:

1. Every employer shall make a suitable and sufficient assessment of:
2. (a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
3. (b) 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,

for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.

2. Every self-employed person shall make a suitable and sufficient assessment of:
3. (a) the risks to his own health and safety to which he is exposed whilst he is at work; and
4. (b) 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,

for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.

Where the employer employs five or more employees, he shall record:

1. (a) the significant findings of the assessment; and
2. (b) any group of his employees identified by it as being especially at risk

Regulation 10 of The Management of Health and Safety at Work Regulations 1999 states:

• Every employer shall provide his employees with comprehensible and relevant information on:
• (a) the risks to their health and safety identified by the assessment;
• (b) the preventive and protective measures;

HEALTH AND SAFETY ASSISTANCE

Regulation 7 of The Management of Health and Safety at Work Regulations 1999 states:

Every employer shall, appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.

Where an employer appoints persons in accordance with paragraph (1), he shall make arrangements for ensuring adequate co-operation between them.

The employer shall ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking.

In the same way as you would appoint an accountant or financial advisor you are required to appoint one or more persons to help and assist you with your health and safety management systems.

HEALTH AND SAFETY DOCUMENTATION

There are various legal documents you must have and maintain in relation to your business. The enforcing authorities may inspect these at any reasonable time and may also prosecute if you do not have them. Ignorance of the law is no defence!

We advise you keep the following records, remember, not all these records will be applicable to every company or organisation and that this is not an exhaustive list! It does not matter whether you run an office, service company, transport company, concert promotions business or artist management company etc, this will help you.

This information will enable you to provide an "auditable" paper work trail to demonstrate how you have complied with health and safety legislation, this may be vital if any thing goes wrong and you need legal evidence! Records can act as your only form of insurance.

1. An up to date health and safety policy
2. All risk assessments including:
   • Manual Handling
   • Noise
   • Hazardous Substances
   • Electricity
   • Work Equipment
   • LOLER
   • First Aid needs
   • PPE
   • Working Time
   • Display Screen Equipment
   • Work at Height
   • Workplace
   • Slips, Trips and Falls
   • Fire (for your office, warehouse, shop, venue or work premises)
   • Travel etc
   • DSEAR (Gas and LPG etc)
   • Workplace Transport
   • Lasers
   • Fireworks, Pyrotechnics and Special Effects
   • Strobe Lighting
   • Smoke Machines
   • UV Lighting
   • High Power Lighting Units
3. Method Statements and Permits to Work.
4. Details of your Employer's Liability Insurance, Public Liability Insurance and any other required insurances.
5. Accident Books and copies of RIDDOR '95 reports.
6. Fire Safety Log Book.
7. Details of maintenance, servicing, test, examination, inspection and certification for all work equipment, vehicles, plant, fire fighting equipment, alarm systems, electrical equipment and installations, sprinkler systems and materials (this may include structural reports and drawings), inspections and examinations required under LOLER 1998 etc.
8. Electrical inspection certificate (NICEIC/ECA approved).
9. Gas inspection certificate (Gas Safety Register – formally CORGI).
10. The manufacture's instructions, guidance, user guides, operator's information etc. for all equipment, tools, plant and vehicles; this may also include computer software.
11. Safety audits, reports etc.
12. Agendas and minutes from Safety Committee meetings.
13. Full details of staff training, qualification and competence.
14. Emergency procedures.
15. Selection procedures for the selection of staff and contractors including CVs, references, training records, evidence of health and safety competence including policies, risk assessments, method statements and permit to work systems etc.

It is advised that the amount spent on health and safety and training by the company each year can be easily seen from within the company accounts. The HSE expect a proportion of your turnover to be spent on health and safety, the exact amount will depend on turnover, size of company and the degree of risk in the company operations. For example, a rigging company will be required to spend far more on health and safety that an accountant or office based (low risk) business.

The Health and Safety at Work etc Act 1974; also states;

Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of his employees:

An employer must conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons NOT in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

As an employer:

• You must provide a safe place of work with safe access and egress together with suitable and adequate welfare facilities such as toilets, washing facilities and drinking water.
• You must provide suitable and adequate systems to raise the alarm in the event of fire, adequate means of escape, fire prevention and fire fighting equipment must also be available and properly maintained.
• You must provide safe systems of work.
• You must provide safely maintained plant, tools, machinery and vehicles.
• You must provide (free of charge) suitable and sufficient Personal Protective Equipment and clothing.
• You must communicate with all your employees on H&S matters and you must give information, instruction, supervision and training.
• You must provide safe handling, storage and transport or articles and substances.

 

• You must display the Health and Safety Law poster (shown above). You do not need to display your Employers Liability Insurance certificate where it can be clearly seen by employees so long as the certificate is made available in electronic format to employees. (The Health and Safety (Information for Employees) Regulations 1989 and The Employers’ Liability (Compulsory Insurance) (Amendment) Regulations 2008).
• You must provide adequate First Aid facilities, First Aiders and an Accident Book.
• When required you must make reports under the Reporting of Incidents, Diseases and Dangerous Occurrence Regulations.
• You must protect your self and all others who may be affected by your actions.

Employees' Duties

Employees must use any machinery, equipment, dangerous substance, transport equipment, means of production, safety device, equipment or clothing provided to them by their employer in accordance both with any training in the use of the equipment concerned which has been received by them; and the instructions on use which have been provided to them by their employer in compliance with health and safety law.

The duty to apply their training includes not only training provided by the current employer, but also any training from past employers, manufacturers, educational establishments or elsewhere.

Not intentionally or recklessly to interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.

Employees must obey safety signs and information.

Employees must inform their employer, or someone he has appointed with specific responsibility for their health and safety:

• of any work situation they reasonably consider to be dangerous;
• of any matter they reasonably consider represents a shortcoming in their employer's health and safety arrangements.

This reporting duty only requires the employee to report such a concern where it has not already been reported and where it either affects his or her own health or safety; or is connected with his or her own activities at work.

The employer should nevertheless encourage employees to report any health and safety issue that gives rise to concern.

The employer should have a clear system for employee reports of this nature, including records, investigation, action and feedback to employees.

Employees must protect themselves and all others who may be affected by their actions.

Employees must cooperate with and participate in the health and safety process.

Duties of the Self Employed

Self–employed contractors (often referred to as “freelancers) have certain duties under the Health and Safety at Work etc Act 1974 (HASAWA.) These duties include:

• If they are also an employer, to fulfil the duties of an employer.
• To conduct their undertaking in such a way as to ensure, so far as is reasonably practicable, that both themselves and other persons (not being their employees) who may be affected thereby are not exposed to risks to their health and safety.
• Not intentionally or recklessly to interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.
• To provide, or ensure that there is provided, such equipment, if any, as is adequate and appropriate in the circumstances to enable them to render first aid to themselves while at work. (This can not be made a contract condition with those who engage self-employed staff).
• To provide their own Personal Protective Equipment (PPE) and/or clothing.
• To provide their own Public Liability Insurance

It is a legal requirement under the HASWA and the Management of Health and Safety At Work Regulations 1999, to produce a written Health and Safety Policy Statement and Risk Assessments if you employ five or more people. However, under HASWA if a significant risk could be created to a large number of people, a risk assessment, written proof of a safe system of work and training would still be required from a self employed contractor (business) with fewer than five employees.  An example of this would be a rigger.

A "self-employed" person has the responsibilities of both an employer and an employee, they employee themselves. It is unfortunate that many self-employed staff in our industry still consider themselves as temporary employees and those who use the services of self-employed also treat them as temporary employees. These practices must stop for the benefit of all.

Click here to go to the Resource Centre section on self-employment.

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