The health and safety information listed below applies to the United Kingdom and Northern Ireland. Generally very similar legislation applies in the Republic of Ireland. For more detailed Irish information please click visit www.hsa.ie

All employers have a responsibility to their staff within the workplace. The current legislation derives from the implementation of the Health and Safety Act at Work 1974 and the prime responsibilities under the legislation for employees are to provide a safe place of work for the employees which is taken to mean safety from physical harm as well as from harassment, bullying and discrimination and for employees to take reasonable care of both their colleagues and themselves. It is important to realise that as an employee you are responsible for the health and safety of everyone affected by your business, not only employees but also anyone working in or visiting your premises, people affected outside your premises, and anyone affected by services and products which you supply, produce or design. Alongside the Health and Safety at Work Act are a number of regulations, which address areas of workplace health and safety in more detail including (but not restricted to):

• Personal Protective Equipment at Work (PPE) Regulations 1992
• Manual Handling Operations Regulations 1992
• Provision and Use of Work Equipment Regulations 1998
• Management of Health and Safety at Work Regulations 1999
• Control of Substances Hazardous to Health Regulations 2002 (COSHH).

All new businesses must register for health and safety purposes with either the Health and Safety Executive (most factories, workshops etc) or your local authority (most offices, shops, catering businesses).
Under the Management of Health and Safety at Work Regulations, employers must carry out risk assessments and eliminate or significantly reduce any risks identified. Where there is likely to be minimal health and safety risk a simple audit held once a year is sufficient. For more details visit www.hse.gov.uk Employers are also obliged to have and maintain a Safety Policy which details company’s health and safety aims, the responsibilities of both employers and employees and gives details of the company’s Safety Officer. Under the Health and Safety (First Aid) Regulations 1981 employers should make all the necessary arrangements to provide adequate first aid equipment, facilities and personnel. This includes a suitably stocked first aid box, and at least one appointed person to take charge of all first aid responsibilities. You also have a duty to tell your employees where the first aid box is located, who the appointed first aider is and how to report an accident. The exact number of first aid personnel and the level of first aid equipment required varies depending on how dangerous the work is and how many people you employ.

There are a number of health and Safety regulations that apply to the Tradesperson specifically namely Construction (Health, Safety and Welfare) Regulations 1996 (building work), Construction (Design and Management) Regulations 1994, Lifting Operations and Lifting Equipment Regulations 1998, Provision and Use of Work Equipment Regulations 1998, Confined Spaces Regulations 1997, just to name few.

There are number of initiatives which suggest that Health and Safety Act at Work may shortly be revised. Also, British law is continuously being tightened up and rationalised as part of the European Commission’s programme to harmonise legislation across the EU. Health and Safety can be complicated and if in doubt seek professional advise as employers can and will be held liable for compensation for those injured at work or as a result of their work or activities. The Health and Safety Executive won 84% of cases that went to court last year, with the average fine rising to £12,000 and by 40% across all scales. For more information, please call Health and Safety Executive Infoline on 0870 154 1500 or visit www.hse.gov.uk

Employers’ Liability Insurance
Under the Employers’ liability Act 1969 as amended, every employer carrying on a business within the United Kingdom is obliged to take out insurance policy again liability for bodily injury or disease sustained by his/her employees arising out and in the course of their work. The insurance taken must be approved and issued by an authorised insurer.

Under Employers’ Liability Regulations 1998, employers are required to insure for minimum of $5 million per occurrence and retain copies of insurance certificates for the minimum period of 40 years. As a result of the level of damaged awarded and the growth in litigation, the cost of covering employers’ liability has risen dramatically during recent years. The insurance market is also trying to limit its exposure by making changes to policy wording to exclude liability so it is important to be extra careful when purchasing insurance cover.

Employers liability insurance is not compulsory in Ireland but the government is proposing to change this in the near future.

Public and Product Liability and Professional Liability Insurances
Unlike Employers’ Liability Insurance both Public and Product Liability insurances are, for most businesses, voluntary. Public Liability insurance protects the insured against his or her legal liability for bodily injuries to third parties or for damage done to property. The basis for premium calculations will depend on either on the pay roll or on the size and number of business premises.

Product liability insurance also covers the insured against third parties but this time the protection is against legal liability arising from death or injury or loss of or damage to property caused by goods, sold, repaired, supplied, serviced or tested by the insurer. If you are to take product liability insurance, take extra care to ensure that it covers all the territories in which your products are sold. If goods are exported or sold overseas additional cover may be needed; for example the cover for claims arising in the United States is often restricted due to the high level of damages awarded in the US.

Professional indemnity insurance protects the organisation and its employees from liability to compensate third parties who have suffered loss or injury due to professional negligence. The professional person is expected to exercise the degree of skill expected from an average members of his/her profession with exceptional levels expected only from specialists. The thing to remember with indemnity insurance is that you need to be covered when a claim is made, not for when the mistake is made – if you are ceasing to trade or are retiring cancelling your policy might not be such a good idea as somebody could still make a claim against you.