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It's a risky business
Page 40
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'Risk assessment' may sound like more red tape, but failure to comply with regulations can result in unlimited fines. Roy Tozer reports.
Businesses are obliged to carry out risk assessments under the Management of Health and Safety at Work (MHSW) Regulations 1999. To make the process easier, systems that minimise and prevent risks need to be developed.
Other health and safety legislation has an implied or direct reference to risk assessment: • Under the Health and Safety at Work Act 1974, employers have to provide and maintain plant and systems of work, as far as is reasonably practicable,so that they are safe and without risks to health.
• Specific risk assessments are required by other regulations, such as the Control of Substances Hazardousto Health Regulations 2002 and the Manual Handling Operations Regulations 1992.
Legal requirements
The MHSW regulations require: • Every employer to make a suitable and sufficient assessment of the risks to the health and safety of employees while at work, as well as the risks to the health and safety of people who are not employees, but who may be affected by the employer's operations.
• Risk assessments to be reviewed and amended to reflect changes in operations. For example, when there is reason to suspect that the risk assessment is no longer valid because a particular task is no longer carried out, or because the task is done in a different way, or because a new task is carried out. If changes are required following a review, the employer must make them.
• Specific risk assessments to be carried out for young people and new or expectant mothers.
• Recording of significant findings of the risk assessment (if the business has five or more employees) and identifying any group of employees who are shown to he especially at risk. Recording includes publishing the assessment and bringing it to the attention of all employees.
Penalties
It is an offence for an employer to contravene a provision in the MHSW regulations. On conviction, an employer would be liable to the following penalties: • In a magistrate's court, a fine of up to £.5,000 • In a crown court, an unlimited fine
Carrying out a risk assessment
The approved code of practice to the MHSW regulations sets out general principles that should be followed when undertaking risk assessments. These are:
Evaluating the risk
Risk is a combination of the hazard and the frequency with which a person is exposed to that hazard. In evaluating the risk, the effectiveness of controls should be considered.
Recording the assessment
The record should represent an effective statement of the hazards and the risks that lead management to take relevant actions to protect health and safety.There should be: • A record of preventative and protective measures in place to control the risks • A record of any further action needed to control the risks • Evidence that a suitable and sufficient assessment has been made
Review and revision
The Health and Safety Executive (HSE) states that it is good practice to review assessments regularly. Its publication Successful Health and Safety Management (HSG 65) provides guidance on when to review and revise assessments. The approved code of practice suggests risk assessments be reviewed after incidents and accidents, and adds: • The level of detail in the risk assessment should be proportionate to the risk.
• Employers are expected to refer to guidance and trade association publications to assist in identifying the risks.
• Records of risk assessments should include a note on how long they remain valid.
The person undertaking the risk assessment should be "competent", that is, have appropriate training and experience. • • Roy Tozer is a partner in the Regulatory Group of DLA Piper Rudnick Gray Cary UK roy.tozer@dlapiper.com CONTACT www.hse.gov.uk