Environmental Enforcement

Health & Safety

Maidstone Borough Council enforces the Health & Safety at Work Act 1974 in a range of commercial premises including :-

Retailing
Some warehouses
Most offices
Hotels
Catering
Sports
Leisure
Consumer services
Places of worship

The Health and Safety Executive enforces this legislation in other work activities. This Council aims to achieve and promote health and safety within commercial premises by:

Inspecting workplaces and ensuring legal compliance
Investigating accidents and cases of ill health
Providing information, guidance and advice

Employers' duties

Employers' general duties towards their employees and members of the public are set out within the Health and Safety at Work Act 1974. In addition there exist numerous regulations made under the act, which address fundamental health and safety issues. These include:

Risk Assessment

Reportable Incidents
Employee Information and Insurance
Provision of Equipment and Facilities
Workplace, Maintenance and Safe Use of Equipment
Management of Health and Safety at Work Regulations1999
These regulations require an employer to carry out a suitable and sufficient risk assessment with respect to all significant hazards within the workplace, in order that the risks are eliminated or reduced by the implementation of appropriate control measures.
Control of Substances Hazardous to Health Regulations 1999 (COSHH)
The Control of Substances Hazardous to Health Regulations 1999 requires a suitable and sufficient assessment of work involving hazardous substances. The assessment should identify all hazardous substances, the risks posed, outline appropriate precautions, prevent or adequately control exposure and ensure that controls are used and maintained. Employees must also be properly informed, trained and supervised.
Health and Safety (Display Screen Equipment) Regulations 1992
These regulations outline the employers' duty to assess the risks to employees who may be affected by the work activity, so that preventative or protective measures can be identified and implemented.
Manual Handling Operations Regulations 1992
These regulations require the avoidance of manual handling wherever practicable and encompass the necessity for risk assessment and control with respect to the various aspects of manual handling.
Noise at Work Regulations 1989
Requires an employer to make an assessment of exposure to noise and ensure that any employee exposed to noise exceeding certain limits is protected by suitable means of prevention or control.

Reportable Incidents

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
These regulations cover the requirements to report any death/major injury or any over three-day injury to employee or self-employed person and certain diseases or dangerous occurrences, which could have lead to a reportable injury. (Also certain incidents involving members of the public!)

Employee Information and Insurance

Employers Liability (Compulsory Insurance) Regulations 1969
Requires all employees to have employers liability insurance and for this to
be on display for staff to see.
The Health and Safety Information for Employees Regulations 1989
Requires the display of an approve poster entitled "Health and Safety Law" available from HSE books.

Provision of Equipment and Facilities

Health and Safety (First Aid) Regulations 1981
Covers the provisions for rendering first aid to employees if they are injured or become ill at work and address the requirements for first aid equipment, appointed persons and trained first aiders.
Personal Protective Equipment (PPE) Regulations 1992

These regulations cover the provision of suitable PPE where all other controls are exhausted and the assessment, maintenance, information, instruction and training required.

Workplace, Maintenance and Safe Use of Equipment

Workplace (Health, Safety and Welfare) Regulations 1992
These regulations cover the employers' duty to provide and maintain a suitable workplace. This includes ventilation, working temperatures, lighting, sanitary/washing facilities, room dimensions/space, workstations/seating, clothing accommodation and drinking water.
Provision and Use of Work Equipment Regulations (PUWER) 1998
These regulations include the suitability of work equipment, maintenance, training and protection against specific hazards.
Electricity at Work Regulations 1989
Requires all electrical systems to be of such construction as to ensure safety, ensure the safe use and that such systems are tested periodically and maintained in a safe condition. The legislation also addresses the safety of portable electrical appliances.
Gas Safety (Installation and Use) Regulations 1994

These regulations cover the safe installation, maintenance and use of gas systems and appliances.

Further information

Health and Safety Executive - www.hse.gov.uk.