What insurance do I need?
If you employ staff you will need Employers Liability Insurance, this is a legal requirement, please click here to see our guide to all types of insurance.
Your Certificate of Employers Liability Insurance must be displayed where employees can see it, for instance on the staff notice board.
What training must I provide my staff?
Employers are required under the Health and Safety at Work etc Act 1974 to provide "such information, instruction, training and supervision as is necessary to ensure the health and safety at work of his employees". There are a number of other statutory requirements for training. When deciding what training is needed, these requirements need to be considered along with what will benefit employees. By looking at accident records a particular area which requires staff training may be identified.
What other legislation covers training?
Some of the legal requirements for training are included in -
- The Management of Health and Safety at Work Regulations 1999
- The Provision and Use of Work Equipment Regulations 1992
- The Manual Handling Regulations 1992
- The Personal Protective Equipment Regulations 1992
- The Display Screen Equipment Regulations 1992
- The Noise at Work Regulations 2005
- The Health and Safety (First Aid) Regulations 1981
- The Regulatory Reform (Fire Safety) Order 2006
You are legally obliged to provide training free of charge. training must be carried out during normal working hours and employees must be paid their normal basic rate of pay during training.
The Safety Passport scheme provides good basic safety awareness training including noise, PPE, electricity and manual handling, it is a basic level and is not designed for those who have responsibilities for safety management, they will need something like the IOSH Managing Safely, Supervising Safely or Directing Safely courses.
Everyone needs fire safety awareness training and you may need some staff to be trained as Fire Wardens on your premises as well as First Aiders.
It is considered it “good practice” (but not obligatory) to also provide training to the “self employed” (freelancers) and it will not change their status as “self employed” with H.M.R.C. as “freelancers” are considered employees under health and safety law. Details of training prividers can be obtained by clicking here.
What is a Safety Passport? How much does it cost? Who is it aimed at? How do I make a booking?
A Safety Passport is designed to show that the holder is competent in basic health and safety awareness so they can gain access to work places, they are particular useful for the self employed (freelancers) who go from job to job, it saves each client from providing them with the required information.
All the information you require is included in the Training Courses section of this web site, please click here for full information. Please look here first before calling us, only call us if you do not find the information you require here in the first instance.
Can I just put my senior staff and managers through the Safety Passport course?
Safety Passport courses are designed for all technical production staff and crew in non managerial positions, it is not designed as a course for managment or those with safety management responsibilities, they will need aditional training. It is of particular value for the self employed (freelancers) who move from job to job so they can demonstrate their health and safety competence to clients. It is certainly not designed to be given to some staff so they can pass it on the others!
Who needs to be given information, instruction and training?
There are many different groups of people who require information within the working environment - • Your own employees ( with respect to their own activities)
• Other people's employees or self employed (with respect to the hazards they may be exposed to while on your premises)
• Temporary staff ( who will be unfamiliar with your premises and activities)
• Visitors or members of the public ( who need to be warned about hazardous activities or areas)
When deciding who requires more formal training think about the needs of managers and supervisors. Ensure that you look at the needs of all your workers, don't forget new recruits, part time workers, young workers and shift workers.
What type of training is needed?
It is important to identify what training is required and what the objectives you wish to achieve. Giving people the wrong training or too much is a waste of time and money.
Here is a list of key training areas;
• The Company health and safety policy and procedures.
• Specific health and safety risks which are present on the Company site
• Precautions which must be taken to prevent risks from arising
• Emergency and evacuation procedures
• Individuals responsibilities with respect to health and safety and site rules
• How to use equipment/machinery and personal protective equipment
• Accident reporting procedure
• First aid procedure •
Staff need to be made aware of new or changing issues, for example, when a new piece of equipment is introduced.
When do employees need the information, instruction and training?
New employees are known to be more likely to have accidents than those who have had time to recognise the hazards of the workplace. Therefore it is important that new employees should be given training before they start work, usually as part of basic safety amd induction training.
What PPE do I need or have to provide employees?
The type of PPE required can be shown by risk assessment and is dependant on the type of work being carried out, it can include:
- Helmets
- Safety Footwear
- High Visibility Clothing
- Eye or Face Protection
- Gloves
- Hearing Protection
- Fall Arrest and Work Positioning
- Respertory Protection
PPE must be provided free of charge to employees, it MUST NOT be shared or pooled (to prevent unnecessary wear and infection. It should be issued brand new to an employee who then has a responsibility to look after it and report any loss, damage or wear so it can be replaced immediately.
It is considered it “good practice” to also provide PPE to the “self employed” freelancers (but not obligatory) and it will not change their status as “self employed” with H.M.R.C.
What documentation do I need?
This will vary depending on the size and nature of your business but may include:
A Health and Safety Policy
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 it's management is a business and will require a written Policy and other safety documentation just like any other business.
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:
(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
(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:
(a) the risks to his own health and safety to which he is exposed whilst he is at work; and
(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:
(a) the significant findings of the assessment;
(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.
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 to producer an auditable safety management system and 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.
Do I really need to get 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.
The "competent" person or persons you appoint may be employees of your company or organisation or they my be external consultants or advisors.
What First Aid provision must I make?
You must carry out a risk assessment of First Aid needs, this will indicate how many First Aiders you require and how many First Aid kits etc. Full details of First Aid provision can be found by clicking here.
What welfare facilities must I provide?
Clean toilets, hand washing facilities, facilities to make hot drinks, drinking water, if required an area to change and dry wet clothes, a shelter and rest area.
What are my H&S responsibilities?
A full list is available by clicking here.
What accidents do I have to report?
All accidents and near misses must be reported in the Accident Book. Certain accidents, near misses, diseses and dangerous occurances must be reported to the relevant Authority as required by RIDDOR '95. Full details of accident reporting can be found by clicking here.
What is self employment?
That is a very big question, we have produced a whole guide to the subject that you can download here.
What do we have to provide for volunteers?
Volunteers are legally classed as employees, you have to cover them by Employers Liability Insurance, provide them with any required training and provide them with the required PPE as well as instruction, information, supervision, First Aid and welfare facilities.
What is PAT and do I have to do it?
PAT is Portable Appliance Testing. PAT itself is not a legal requirement but it is clear that a combination of regulations (including the Health and Safety at Work Act 1974, the Mnagement of Health and Safety at Work Regulations 1999, the Provision and Use of Work Equipment and the Electricity at Work Regulations 1989 apply to all electrical equipment used in, or associated with, places of work. The scope extends from distribution systems down to the smallest piece of electrical equipment. It is clear that there is a requirement to inspect and test all types of electrical equipment in all work situations. PAT is the easiest way to comply with the regulations.
Full details of Portable Appliance Testing can be found by clicking here.
Do I need to use safety signs? Which ones and why?
Details of safety signs and regulations can be found by clicking here.
What do I need to do about fire safety? What is fire safety law?
The Regulatory Reform (Fire Safety) Order 2005 came into effect in October 2006 and replaced over 70 pieces of fire safety law. The Regulatory Reform (Fire Safety) Order 2005 applies to all non-domestic premises in England and Wales.
The law applies to you if you are:
• responsible for business premises
• an employer or self-employed with business premises
• a charity or voluntary organisation
• a contractor with a degree of control over any premises
Under the Regulatory Reform (Fire Safety) Order 2005, the responsible person must carry out a fire safety risk assessment or appoint a "competent person" to carry out the assessment and implement and maintain a fire management plan.
Please click here to see further information on legally required training etc.