The following are the most frequently asked questions at Vision InsureSafe.
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· How can I be prosecuted for not knowing
about health and safety law?
Ignorance of the Law is not a defence, under Criminal Law.
· Can I force employees to wear personal
protective equipment?
All employees have a duty to co-operate fully with employers to enable
employers to comply with their legal duties for health and safety. If
risk assessment identifies the need for employees to wear PPE then the
employer has every right to enforce the wearing of it including disciplinary
action if required.
· What is meant by competent?
Competency does not require a particular level of qualification, but may
be defined as a combination of knowledge, skills, experience and personal
qualities, including the ability to recognise the extent and limitation
of one’s own competence.
· Do I need to report all incidents?
Not all incidents need to be reported. You need to report:
- deaths
- major injuries
- accidents resulting in over 3 days off work
- diseases
- dangerous occurrences
· Can I charge employees for PPE?
Employers can not charge employees for anything provided under a legal
requirement. This includes personal protective equipment.
· What is the maximum temperature permitted
in the workplace?
The temperature in all internal workplaces during working hours should
be reasonable. Legislation requires that a minimum temperature of 16ºc
(or 13ºc where severe physical work is carried out) is acceptable.
No maximum temperature is specified but where the temperature is uncomfortably
high then all reasonable steps should be taken to achieve a reasonable
temperature.
· Do I have to pay for eyesight tests
for employees who use display screen equipment?
Employees can ask employers to provide and to pay for an eye and eyesight
test. This is a test by an optometrist or doctor. There is also an entitlement
to further tests at regular intervals; the optometrist doing the first
test can recommend when the next test should be.
Employers only have to pay for spectacles if special ones (for example,
prescribed for the distance at which the screen is viewed) are needed
and normal ones cannot be used.
· How often do I need to undertake fire
drills?
Fire drills should be undertaken as necessary and as identified by risk
assessment. Usually fire drills are undertaken either every six months
or annually.
· What is a substance hazardous to health
under COSHH?
The Control of Substances Hazardous to Health apply to virtually all substances
hazardous to health. For the vast majority of commercial substances the
presence (or not) of a warning label will indicate whether COSHH is relevant.
Hazardous substances can also be generated by processes undertaken e.g.
welding.
· How often do I need to inspect any
lifting equipment?
Lifting equipment used for lifting persons or an accessory used for lifting
must be thoroughly examined, at least every 6 months. Other lifting equipment
must be thoroughly examined at least every 12 months. In either case,
lifting equipment must be thoroughly examined in accordance with an examination
scheme; and each time that exceptional circumstances which are liable
to jeopardise the safety of the lifting equipment have occurred.
If appropriate, lifting equipment should also be inspected by a competent
person at suitable intervals between thorough examinations to ensure that
health and safety conditions are maintained and that any deterioration
can be detected and remedied in good time.
· Do I need to undertake PAT testing?
Although there is no specific legal requirement to undertake PAT testing,
employers are required to ensure that electrical systems and electrical
equipment are adequately maintained. Employers have to choose the most
appropriate means of maintaining electrical systems and electrical equipment
of which PAT testing is one.
· Isn’t my insurance designed to
protect me if an employee has an accident?
Employers liability insurance is intended to cover civil claims made against
employers by employees injured or made ill through work. However, HSE
studies have shown that the uninsured costs of an accident outweigh those
covered by insurance by up to thirtysix times. In many cases, an increase
in claims will also result in an increase in future premiums. In addition,
employers liability insurance does not cover fines imposed by criminal
courts.
· What does ‘so far as reasonably
practicable’ mean?
In simple terms ‘so far as reasonably practicable’ means that
an employer does not have to take measures to avoid or reduce the risk
if they are technically impossible or if the time, trouble or cost of
the measures would be grossly disproportionate to the risk.
· Do I need to have a trained first-aider?
Employers must ensure an adequate availability of first aid personnel
with approved qualifications. Such provision should ensure first aid cover
during normal working hours and also during abnormal hours of work.
The number of first aiders required will depend on the circumstances
of each workplace and should be identified through risk assessment and
is not bound by any strict ratio. Where an assessment of first aid needs
indicates that a first aider is unnecessary, the minimum requirement is
for a sufficient number of persons to be appointed to take charge.
· How do I know if we have a noise problem?
This will depend on how loud the noise is and how long people are exposed
to it.
As a simple guide you may have a problem if:
- you have to shout to be clearly heard by someone 2 m away;
- your, or your employees’, ears are still ringing after leaving
the workplace;
- people use equipment which causes loud explosive noises such as cartridge-operated
tools or guns.
People who work in engineering workshops, sawmills, foundries, bottling
plants, discos or textile mills, or who use noisy equipment and machinery
on a farm, in forestry, or on a construction site, are just some of those
who could be exposed to dangerous noise levels. If your job involves visiting
these places you could also be at risk.
· Do I need to display any posters?
Yes, the health and safety law poster if you employ anyone. Alternatively,
you can provide employees with individuals copies of the same information
in booklet form.
· What is risk assessment?
Risk assessment is nothing more than a careful examination of what in
your work could cause harm to people so that you can way up whether you
have taken enough precautions or should do more to prevent harm.
· Why do I need to bother if we haven’t
had an accident for years?
Every employer has a legal duty to ensure the health, safety and welfare
of their employees at work. The fact that an organisation has not had
an accident does not mean that they are safe or that they comply with
the law. In many cases the difference between an accident and a near miss
is luck rather than judgement.
· Do all businesses need a health and
safety policy?
Every business employing more than 5 employees is required to have a written
health and safety policy and bring it to the attention of employees. Those
businesses employing less than 5 employees are also required to have a
health and safety policy, but it does not have to be written down.
· What is the maximum load an employee
can lift?
There is no maximum working weight limit set down in legislation because
of the nature of individual circumstances. Employers are required to avoid
the need for hazardous manual handling if reasonably practicable. If manual
handling is unavoidable, then employers need to assess the risk of injury
to employees and reduce the risk as far as reasonably practicable.
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