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MAT RS
Health and Safety at Work Act 1974: a guide for employers
(4) Employers' policy statements
by John Darker,
AMBIM
FROM APRIL 1 this year employers have been required to prepare written policy statements of their policy for the health and safety of their employees. The only exceptions are firms with fewer than five employees.
This feature of the Health and Safety at Work etc Act shows how passionately politicians of all parties feel about industrial safety and welfare. There can be few precedents whereby government has called on firms of all sizes to define their attitude to a subject like industrial health 'and safety, a subjed so broad and complex that even the Robens Inquiry, which prompted the legislation, confessed that no one could speak authoritatively on all of its facets and aspects.
We should not be surprised that the Health and Safety Commission has recently issued a leaflet explaining what is required in broad outline. The Commission attaches the greatest importance to this requirement of the Act. "For each employer," gays the Commission, "it is the blueprint on which his 'entire health and safety at work policy, organisation and activity are based."
Consultation
Legislation and regulations governing industrial' matters is almost always preceded nowadays by consultation in depth with interested parties representative of the employers and the workers. The Health Ind Safety law would be ifnpossibly difficult to administer if its requirements were not to be distilled in the form of codes of practice for particular industries.
The Commission intends to decide on the basis of experimce whether Codes of Practice on written policy statements should be prepared to cover particular industries. Although there may be a tendency for .ach industry or sector to work to the same code, it would appear that there will be scope for individual variations.
The Commission says, in a Press Notice dated March 17, 1975: ". . . the length and content of each policy statement, like any blueprint, must be specifically prepared to meet the situation of the particular employer, and that it has decided that it would be impracticable to draw up a model policy document that would suit any individual employer. The policy statement should be the result of the employer's thorough assessment of the possible hazards to the health and safety of his work-people."
A useful Protection Handbook published by Alan Osborne and Associates (Books) Ltd, Unit 5, Seeger Buildings, Brookmill Road, London, SE8, price 75p, gives questions and answers on the Health and Safety at Work Act. Vincent Powell-Smith, a barrister, and lecturer in Law at Aston University, answers the question: "If my company draws up its own Codes of Practice, will they be acceptable?"
Mr Powell-Smith says the approval of Codes of Practice is a matter for the Commission under Section 16. "This provides that the Commission may: (a) approve and issue codes of practice (whether prepared by it or not) as in its opinion are suitable for providing practical guidance; (b) approve such Codes of Practice issued or 'proposed to be issued otherwise than by the Commission as in its opinion are suitable for that purpose.
"In theory, therefore, your company could draw up its own Codes of Practice and submit them to the Commission for approval. In fact, such a private Code is likely to be unacceptable, although one can conceive of circumstances in which such a course might be fruitful. The Commission cannot approve any Code without the consent of the Secretary of State, and entering into consultation with apprOpriate bodies. You should note, however, Para 21 of Schedule 3 which gives employers power to make rules about health and safety matters in cases to be prescribed."
Too easy
The written statements of policy which all employers must now prepare should not, of course, be confused with the Codes of Practice which will be agreed in due course for all industries—and presumably services. But it would clearly be too easy for an employer to say, in 'his written statement of policy: "The Health and Safety policy of Blank Road Services is to conform with the current Code of the road haulage industry."
Just as the Health and Safety Commission .fights shy of publishing a model policy document sultable for every employer it is hard to escape the conclusion that a trade association, with much specialist knowledge of an industry, could not safely recommend a detailed form of words to provide member firms with the necessary written statement of policy, required under the Act.
No doubt the RHA and FTA will offer some guidance but in road transport, particularly in the professional haulage field, the variety of goods handled present an insoluble problem for anyone wishing to draw up generalised advice. Indeed, it would •be entirely within the spirit of the Act, and possibly within its enforcement philosophy, for amendments to the employer's statement of policy to be called for whenever new types of traffic are carried. Loading and handling routines, and the necessary safety precautions, vary according to the nature of the goods transported.
Revision
S.2(3) of the Act says: "Except in such oases 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 that statement and any revision of it to the notice of all of his employees."
The statement of policy must define the general policy and specify the organisation and arrangements for carrying out that policy. Where appropriate there must be reference to safety representatives and safety committees. There needs to be a joint approach to safety in firms of all sizes so it is pointless for any employer to imagine he can devise a health and safety policy on his own, without, the fullest consultation with employees.
COMMOII-StaterilelltI
In the case of sizeable companies with a spread of premises or depots all under the overall policy and financial control of the centre it may be possible for a common policy statement to be applied. The Commission says that in such cases each individual employer would need to promulgate it under his own authority as part of his written statement. For the reasons mentioned above, where the activities are very diverse, it would seem impracticable to operate under a single company policy. The whole essence of the act is for 'those closest to the job, understanding the particular hazards of their day-to-day duties to participate in the preparation of the health and safety policy statements.
This cannot be stressed too much. The written statements of all employers in an industry will NOT all look alike. Says the Commission: "The length and content of each written policy statement, like any blueprint, must be specifically prepared to meet the situation of the particular employer. He Must thoroughly assess the possible hazards to health and safety of his work-people which might arise in connection with the activities on which they are employed and in the premises or other working area in which they are required to work.
No model statements
"Some written statements will need to specify where further written statements of subsidiaries are to be prepared. This will apply where subsidiaries are employers in the sense that 'they issue contracts of employment."
Although the Commission is not prepared to produce model statements for employers 'because of the risk that a model might cause some employers to overlook important health and safety measures which their particular activities and premises demanded, they have produced some general guidelines and they are prepared—through their Executive—to offer advice to individual employers over the compilation of written policy statements. The Commission also anticipates that employer organisations, industry associations and professional bodies may wish to consider issuing their own guidance directly related to the activities with which they are concerned.
TheCommission suggests the general policy statement should make clear the employer's intention to seek to provide the
safest and healthiest working conditions possible. Where employers engage in a number of activities or where the operations are geographically widespread, the health and safety policy must be formulated at more than one level. The . highest management level should define the principles of the policy while the sub-groups or operational units interpret that policy in realistic written form "to suit the identified needs at the lower levels."
The Commission guidelines continue: "The policy statement should give the name and business address of the director, secretary or manager of the company or the chief executive who is responsible for fulfilling the policy.
"Whilst the overall policy responsibility for health and safety rests at the highest management level, individuals at every other level will have to accept degrees of responsibility for carrying out that policy as they would for any other industrial or commercial activity. Wherever appropriate, such individuals or their 'appointments should be named and their responsibilities defined."
Personnel
Larger companies with diverse functional specialisms, will be able to introduce into the written statement on health and safety policy the contribution, and precise terms of reference —in the context of the policy— of such officials as the safety officer, personnel manager, chemist, etc.
If safety representatives already exist, whether appointed through the trade union machinery or otherwise, the constitution of the Joint Safety Committee should be described. In some companies such a committee may be a sub-committee of a works council or similar body. In any case a list of persons responsible within the safety organisation—including workers' safety representatives —should appear on the employers' statement of policy. The names of -safety officials, including workers' representatives, must be kept up to date.
Another aspect of the policy statement is important. The written statement should ensure that all who are at risk are well aware of the hazards, the reasons for control in working practices and the part that they as individuals have to play in maintaining a safe and healthy environment.
Training and supervision is seen as a cardinal factor in the success of improved health and safety arrangements. Says the Commission: "However adequate these written statements, etc, are in themselves, the aim will not be achieved without good training and thorough supervision. Employers' policy statements should reflect their determination in these areas. It is, for instance, vital to spell out the supervisor's key role as he is the person on the spot who knows how the job is to be done. It is equally important for management to consider, and then set down, the positive steps which are to be taken to train and equip supervisors for this responsibility."
Precautions
Two other key items must be remembered in preparing the written statement. Many accidents would not occur if workers realised the hazards involved and the precautions that have to be taken. The main hazards should be identified and reference made in the statement to the local rules and regulations which must be observed.
The statement should be quite specific about the employer's policy as regards common hazards such as the dangers of untidy working areas, the need to use guards on machinery or to wear protective clothing. The routines to be followed when new machinery or substances are introduced into the work process, and the sensible precautions when maintenance—of premises or vehicles—is in process should be defined.
Lastly, procedures should be laid down for accident reporting.
The safety committee must be given the results of the periodic accident analysis for the company or firm concerned. Next week: Safety committees.