Being health and safety compliant
Health and safety legislation is vast, and if you’re not an expert, it can be all too easy to unintentionally miss the mark. As an employer, you want to know that you’re meeting legal requirements, doing everything within your power to keep people safe, and shielding your organisation from the cost of non-compliance.
But where do you start? If you don’t know the first thing about health and safety, suspect that you fall short in some areas, or just need support staying compliant, WorkNest can offer much-needed peace of mind.
Get your FREE consultation
Submit your details and one of our team will be in touch.
COVID-19 | FREE expert guidance for employers, including sample policies, template risk assessments and more
How we help
Become health and safety confident
What legal duties fall upon me as an employer? What regulations govern specific activities, and am I abiding with them? Am I managing risk appropriately? Am I compliant, and if not, how do I get there?
If you’re not fully confident in your health and safety performance, our unlimited, fixed-fee Health & Safety service will help you to simplify your safety responsibilities, eliminate guesswork and get you to where you need to be.
- Set out and communicate your health and safety arrangements with a robust policy and handbook tailored to your organisation
- Identify any areas where you’re currently exposed, and take corrective action, with a full health and safety audit
- Continue to meet your responsibilities with expert advice and support from a dedicated safety specialist
- Upskill in essential health and safety topics with our interactive eLearning courses (included free for the first 12 months)
- Manage tasks and monitor your risk status in real time with our smart health and safety software, SafetyNest
Related resources
Proactively protect against worst-case scenarios
Employers will naturally fear the consequences of a health and safety breach. However, not all organisations will have the resource to manage health and safety internally, putting your people, reputation and bottom line at risk.
With the average fine per conviction coming in at £110,000, organisations across the UK are recognising the value of fixed-fee Health & Safety support, which will enable you to demonstrate compliance, save time, and avoid expensive mistakes – all while keeping control over costs.
Popular FAQs
How large does my business need to be for health and safety legislation to impact me?
Health and safety legislation applies to all business regardless of size or sector, and all employers have a duty to ensure that health and safety is effectively managed within the workplace. This duty extends to both employees and any non-employees that may be affected by your activities – including clients, visitors and members of the public. It also applies regardless of whether employees are working on your premises or off site at another location. All employers, for example, must conduct risk assessments to identify and mitigate potential causes of harm. The Health and Safety Executive (HSE) advises that the approach you take should be proportionate to the size of your business and the nature of your business activity. For most small, low-risk businesses, the steps you need to take are straightforward. If you have fewer than five employees, you don’t have to write down your risk assessment or your health and safety policy. WorkNest can help you to strike the right balance and take a sensible, proportionate approach to risk.
What types of health and safety legislation do I need to follow?
The two primary pieces of health and safety legislation that all employers need to be aware of are the Health and Safety at Work Act 1974 (HSWA) and the Management of Health and Safety at Work Regulations 1999. In a nutshell, the HSWA places a general duty on employers to ensure, so far as is “reasonably practicable”, the health and safety and welfare of all their employees while at work, while the Management Regulations set out more specific requirements, such as the requirement to make a “suitable and sufficient” assessment of risks, appoint “competent persons”, provide workers with information and training, and operate a written health and safety policy.
Of course, other legislation may apply depending on the activities you undertake, such as the Personal Protective Equipment at Work Regulations 1992, Manual Handling Operations 1992 and the Health and Safety (Display Screen Equipment) Regulations 1992 which each have their own provisions that employers must be alert to.
What could happen if I breach health and safety law?
This depends on the circumstances – penalties for contravening health and safety law range from an enforcement notice requiring you to rectify an issue identified or stop an unsafe activity, to fines and imprisonment. If an HSE Inspector visits your workplace and finds that you are in material breach of health and safety law, you will also have to pay for the time it takes to put things right. This is known as Fee for Intervention and currently costs £157 an hour.
What is the average fine for a health and safety breach?
According to the latest HSE statistics, the average fine per conviction in 2019/20 was £110,000. This represents an increase of 307% since tougher sentencing guidelines were introduced in 2016 (in 2014/15, the average fine was £27,000 per conviction). If you’re concerned about the impact this could have on your bottom line, WorkNest can work with you to ensure compliance and dramatically reduce risk. What’s more, our optional Legal Expenses Insurance covers the costs of defending health and safety prosecutions (plus Fee for Intervention charges and appealing against the serving of an improvement or prohibition notice) for an added layer of protection.
Do I need to appoint someone to manage health and safety compliance?
Yes. Under Regulation 7 of the Management Regulations, “every employer shall, subject to paragraphs (6) and (7), appoint one or more competent persons” – someone with the necessary training, experience, knowledge and “other qualities” to help you comply with the requirements of health and safety law. If you don’t have somebody in-house who meets this criteria, the HSE says you can appoint an external professional such as WorkNest to help you.
Do I need to consider work organisation hazards for staff currently working at home?
Regulators have a number of options if they believe that a breach of health and safety law is taking place. These include: 1) Writing to you to explain the breach they believe has taken place. Under the Fee For Intervention (FFI) scheme, the regulator can choose to charge you for the time taken to investigate and inform you of this and write the letter. The cost of FFI at the present time is £157 per hour. 2) Improvement or prohibition notices. These may be issued by the enforcing agent whilst on site or remotely. Improvement notices specify specific improvement(s) that must been implemented within a specified length of time. Prohibition notices prohibit specified activities from being carried out until such time as steps are taken to improve health and safety protection as detailed in the notice. If either type of notice is not complied with, further action can be brought in court. 3) Prosecution. Inspectors may choose to bring prosecutions in court under relevant statutory provision, including (but not limited to) the Health and Safety at Work etc Act 1974 and related regulations under this Act.
What powers to HSE Inspectors have on site?
HSE Inspectors and Environmental Health Officers have a number of powers they may exercise when enforcing health and safety law. These include the power to:
– Enter premises at any time and without notice;
– Inspect and investigate;
– Take measurements, samples and photographs;
– Require an area or machine to be left undisturbed;
– Seize, render harmless or destroy dangerous items;
– Obtain information, including written documents; and
– Take statements including under caution as defined in the Police and Criminal evidence Act 1984.
What's included in our fixed-fee Health & Safety support
Accident and Incident Investigation
An accident in the workplace is every employer’s worst nightmare. We can help to guide your investigation, advise on corrective action and protect your interests in the event of regulatory enforcement.
Can you help us prepare an accident investigation report?
Yes. This can be tricky to get right, especially as once you reach conclusions and set out the actions you have taken, the document is disclosable to the other side in the event of a personal injury claim or prosecution. We’ll help you stick to the facts, keep opinion separate, and make sure the report is presented in a way that protects your best interests and, most importantly, identifies the things that need to be put right to prevent reoccurrence.
We have been written to by the regulator regarding a health and safety incident. Can you help?
Yes. In the event of a serious accident or emergency, we will support your investigation and advise you on your communications with the enforcing authority. We will be there to help mitigate damage, guide you and support you. If you have received a letter from the regulator, we can help you to formulate a response until legal advice is required, in which case (if you have chosen to take it) our Legal Expenses Insurance is activated.
Advice Line
Whether you’re facing an immediate crisis or just in need of an expert second opinion, get sensible, proportionate and practical advice at any time with our unlimited advice line support.
Who will I be advised by?
At WorkNest, we’re big believers in a personal approach. That’s why we assign each of our clients a named consultant, with who will become your main point of contact for advice, guidance and support on all health and safety matters. If you take up our full Health & Safety service, your consultant will also be the one to conduct your health and safety audit and produce your policy and handbook. This means you’ll receive consistent advice from a dedicated expert who truly understands your organisation’s safety system, arrangements and goals.
What if my consultant isn’t available?
If, for whatever reason, your dedicated consultant isn’t available when you call, our office-based Helpdesk Team will be able to resolve most issues for you or direct you to the relevant guidance or template you need via our Knowledge Hub. If you have a particularly urgent or technical query, our Helpdesk Team can triage this to another expert within our team. Rest assured you’ll never be left without support.
Audit and Inspection
From a policy that isn’t being executed properly to a procedure or risk assessment that’s out of date, we can conduct a thorough examination of your premises, practices and procedures to identify and remedy any areas where you’re exposed.
What form does the audit take?
There are a number of different models and templates for conducting health and safety audits. Most commonly, and the approach we adopt at WorkNest, is what’s known as a General Risk Assessment (GRA). This is a systematic examination of your workplace to identify possible causes of harm, the likelihood and severity of that harm occurring given the safeguards already in place, and any further control measures needed to reduce risk to as low a level as is “reasonably practicable”.
Will you just provide a report of the issues identified?
No, we report on both compliant and non-compliant areas, and the report will provide clear solutions and recommendations to address particular areas of concern. Unlike some providers, we won’t insert default ‘corrective action required’ responses unless it is absolutely clear what you need to do; we edit to provide clarity. Plus, if you have any questions or concerns, your dedicated Health & Safety Consultant will be more than happy to assist.
Become Your Competent Persons
We’re so confident in our ability to manage your compliance that we’ll even act as one of your legally-required competent persons, which all organisations must have access to by law in order to meet the requirements of health and safety legislation.
What is a competent person?
Put simply, a competent person helps an organisation to comply with health and safety law and take all reasonable steps to keep people from harm. This will be one or more persons who have the ability to recognise the health and safety risks associated with your organisation and identify sensible and proportionate solutions. The meaning of competent person can be found in Regulation 7 of the Management of Health and Safety at Work Regulations 1999. This states that “every employer shall, subject to paragraphs (6) and (7), 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 and by Part II of the Fire Precautions (Workplace) Regulations 1997.”
Why would I appoint somebody external to my business?
Will the individual you appoint as your in-house competent person be able to dedicate enough time to this responsibility? They might know your organisation inside and out, but do they have the necessary skills, knowledge and training to keep you compliant? Do they have a working understanding of health and safety legislation and how it applies to your organisation? Appointing an impartial person, external to your organisation, gives you access to technical expertise and the benefit of hands-on experience, and brings structure to the way you manage health and safety. We’ll help you to set up an effective safety management system, show you what good looks like, and give you clarity over what you need to be doing.
eLearning
Taking time out for employee training isn’t always possible. Nevertheless, as an employer, you want to know that your staff are fully equipped to undertake their duties confidently and safely – and that your organisation is protected – without affecting productivity or spending a fortune.
A convenient and powerful alternative to classroom-based training, our online eLearning courses incorporate videos and interactive testing for impactful and engaging employee training.
What types of courses are available?
Our ever-growing library of eLearning courses currently covers over 100 topics, including HR courses such as Equality & Diversity, Sexual Harassment and Social Media Use; soft skills courses such as Communication, Leadership and Change Management; and compliance courses such GDPR, Anti-Money Laundering and the Bribery Act. We also offer an extensive range of Health & Safety courses, including Accident Reporting, Risk Assessment and First Aid. Download the full course brochure.
How much do the courses cost?
All of our eLearning courses are free for the first year when you purchase our Employment Law & HR or Health & Safety managed service. This means you’re not paying per head or per course, which not only keeps down but gives you complete cost certainty over your training expenses. This is particularly handy if your workforce is growing, as you won’t need to purchase extra licenses, giving you exceptional value for money.
Legal Expenses Insurance
An optional element of our fixed-fee Health & Safety support, our FCA-regulated Legal Expenses Insurance (LEI) can cover against the commercial ramifications of a serious safety incident.
What happens if there’s an accident in our workplace? Is it likely we will be fined?
Most reportable accidents in the workplace are not followed up by the regulator, but if they do take an interest, you are more likely to be subject to some sort of enforcement action being taken. This may be an enforcement notice or Fee for Intervention (FFI) breach. Alternatively, it may be the start of criminal proceedings that end up in court, the cost of which can be significant.
Does LEI include legal representation?
Yes. If you choose to defend the claim, our LEI includes legal support right the way through a case, including barrister’s costs. Here, there will be a prospect of success assessment; the likelihood of an acquittal will need to be more than 50% in order to be covered by the LEI. However, if you’ve followed advice from your dedicated WorkNest Health & Safety Consultant, there’s no reason why you wouldn’t be covered in this situation. In reality, if we have identified an issue and you’ve taken the corrective action we recommended, you shouldn’t find yourself in this situation in the first place.
SafetyNest Software
Our innovative Health & Safety Management Software will revolutionise your approach to safety management by creating smart “to-do” lists, cutting out the admin and allowing you to monitor your compliance at a glance.How can SafetyNest help me?
Our SafetyNest software can transform how you manage health and safety. By turning heavily-administrative, time-consuming tasks into automated processes, it will increase standards and efficiencies across your organisation and free up valuable time. By being able to monitor your compliance at a glance, you’re not left in the dark about how you’re performing and can quickly and proactively identify what action is needed, reducing the potential for an incident and giving you peace of mind. It can also be instrumental in demonstrating compliance to the regulator, increasing your chances of a stress-free inspection.
What exactly is a ‘risk status indicator’?
One of the main benefits of our Health & Safety Software is that you can see, at a glance, exactly how you’re performing and what needs to be done to maintain compliance. When you log in, you will immediately see your Current health status, which gives you visibility of all sites and their current RAG status for ‘Audit’, ‘Registry’, ‘Monitoring’ and ‘Risk assessments’, as well as Location monthly health status, which allows you to select a site and see the progression of the RAG status in any given time frame.
Find out morePolicy and Handbook
Whether you’ve got nothing in place or are in need of an expert review, our Health & Safety specialists can provide you with a policy and handbook tailored to your organisation, processes, activities and environment.
Who will the Health & Safety Policy be written by?
Your WorkNest Health & Safety Policy will be written by an experienced Health & Safety Consultant with recognised qualifications and technical expertise. If you take up our core Health & Safety service, this person will become your dedicated consultant for all health and safety matters – meaning the advice you receive will be consistent and based on a genuine understanding of your business. Plus, for any questions or areas of your policy that require specific technical expertise, as well as support from your named consultant, you’ll be able to rely on a nationwide team of experts with vast and diverse specialisms and experience.
What sections will it include?
Your Health & Safety Policy will be based on the principle of plan, do, check, act. It will include a statement of commitment describing how the business is organised to fulfill its legal responsibilities (refined to reflect post holder titles), followed by an arrangements section covering all risk areas that are relevant to the business and how they will be managed (contractors, fire, first aid, machinery maintenance, lone working, etc.). For each, it will follow a format of “we recognise”, “we will” and “the approach we will take is…”. It will also cover the importance of risk assessment, monitoring and review.
Risk Assessment
Risk assessment is a fundamental element of health and safety management. Get an expert steer on formulating assessments for specific risk areas such as DSE, manual handling, COSHH and fire safety.
Is a risk assessment a legal requirement?
Yes. Under the Management of Health and Safety at Work Regulations 1999, all employers, regardless of size or sector, must undertake a “suitable and sufficient” assessment of the health and safety of risks their employees are exposed to while at work, as well as the risks to any non-employees (customers, visitors, contractors, etc.) who may be affected by their activities. If you employ five or more employees, it is a legal requirement to keep a written record of your assessment and significant findings. If you’re not sure where to begin with risk assessment, we can help you.
We have an in-house health and safety team, but they haven’t had formal risk assessment training.
Risk assessment is the foundation of an effective safety management system, yet many individuals with this responsibility have not been taught the basic principles of how to conduct a risk assessment and what the law expects. This can result in an inaccurate estimation of risk, which may lead to certain control measures being recommended that are not necessary or, worse, control measures not being identified or implemented. If you are keen to make sure this essential task is being done properly, our expert Health & Safety Team can devise a risk assessors training package to develop internal competence.
Why choose us?
Experts in Health & Safety support
If you’re not confident in your current practices, or don’t have professional support in place, our network of qualified Health & Safety Consultants can help you to build a safe and compliant working environment through expert support tailored to your organisation.
- Approved by a Primary Authority
- Dedicated specialists with recognised qualifications
- Genuine hands-on experience of managing risk
- Unlimited 24/7 advice, award-winning software and policy support
- The confidence to act as one of your competent persons
Who you’ll be working with
Toyah Marshall
Principal Employment Law Adviser
Client stories
“
Gus Hosein
Executive Director, Privacy International
“
WorkNest supports our 280 staff members with Employment Law and Health & Safety and has provided quality management training too.”
Lisa Best
Head of Service Delivery, Catalyst Choice
“
We get a great deal of comfort and satisfaction knowing that we have support as and when we need it, in a decisive and responsive way.”
Richard Berry
Group HR Director, Culina Group
“
We moved our legal support to WorkNest (formerly Law at Work) having previously used a time and line law firm. It was important, though, that an all-inclusive fee structure did not come at the expense of quality. Thankfully we’ve been delighted with the service we’ve received from WorkNest.”
Chief Executive
Waverley Care
“
What we recognised in WorkNest is the background that they have. They are able to supply knowledge and experience in a number of disciplines, which enables us to develop our business in a way that’s safe, to do it on time and with a quality to it.”
Debbie Rainbow
Director of Human Resources and Health & Safety,
Bluestone National Park Resort
“
Celia McKeon
Chief Executive, The Joseph Rowntree Charitable Trust (JRCT)
“
As the company started to get larger, we knew we had to protect our employees and our contractors both onsite and in the offices. WorkNest is exactly what we needed to move the company forward.”
Joanne Beaver
Operations Director, Beaverfit
“
Pineapple have worked with the team at WorkNest (formerly Law at Work) since 2003, and we have built a trusted partnership together. We particularly like WorkNest’s concise and practical advice concerning employment law/HR issues and also appreciate their totally supportive approach in all areas of health and safety.”
General Manager
Pineapple Dance Studios
“
I’ve taken WorkNest into every organisation that I’ve worked with. I’ve introduced them to many teams and many colleagues and referred them with absolute pleasure because I genuinely trust in the service that we get.”
People Director, The Works
Latest news and insights
COVID fatigue | Keeping staff engaged with your health and safety controls
BLOG Having lived with coronavirus for over a year, it’s understandable that some may have become tired of constant COVID precautions. And with the successful vaccine rollout, marked decline in infection rates and subsequent relaxation of lockdown restrictions, there may be the illusion that it’s ‘business as usual’. However, the coronavirus threat hasn’t gone away. As the Prime Minister said when announcing the roadmap out of lockdown, there is “no credible route to a zero-COVID Britain or a zero-COVID world”.
Guilty until proven innocent? | Why health and safety law puts the onus on employers
BLOG We’ve all heard the phrase ‘innocent until proven guilty’. This is the assumption that underpins criminal proceedings in the UK. Under Article 6 (2) of the Human Rights Act 1988, it is the prosecution’s job to prove, beyond reasonable doubt, that the person on trial is guilty of the offence they stand accused of. Whether you’re accused of fraud, assault or burglary, these cases are all subject to the principle of presumed innocence. However, in the health and safety
Get prepared | HSE’s priorities for 2021
BLOG The Health and Safety Executive (HSE) has been at the heart of the government’s response to the COVID-19 outbreak. Over the last year, its priority has been making sure that workplaces are COVID-secure through a nationwide campaign of spot checks and inspections. The HSE’s actions have included: Completing over 165,700 COVID-19 spot checks and responding to over 210,000 concerns. Carrying out some 2,000 workplace checks a day, a number which is said to be constantly rising. Targeted spot checks
