Following the publication of Lord Young's report into the operation of health and safety laws in the UK and the growth of the compensation culture, managing health and safety in low risk businesses has become clearer, with the development of web based tools for law firms to undertake risk assessments that are suitable and sufficient. As a law firm the majority of your undertaking can be classed as low risk, however there is still a need to comply with other areas of health and safety law.
Health and Safety Policy
A written health & safety policy is a legal requirement for any law firm employing 5 or more staff. The policy should consist of three key sections:
- Statement of Intent (What the practice intends to achieve with regards to health & safety - its objectives, targets and goals).
- Organisational Responsibilities (Who is responsible for what, from Managing Partner and Partner, down through layers of management to employees).
- Arrangements for Implementation (How the company is going to achieve its aims - the detailed procedures that will be followed to ensure employees remain safe and healthy). This should be specific to the practice, and might include such topics as risk assessment, training procedures, manual handling, work at height, workplace transport, personal protective equipment, consultation with employees etc.
The Health & Safety at Work Etc. Act 1974 also says that the policy must be regularly reviewed and revised, and must be brought to the attention of all employees.
Risk Assessment
It is a legal requirement for organisations with 5 or more employees to carry out documented health and safety risk assessments of all of their significant hazards. The Health & Safety Executive guidance advocates a 5 step approach to risk assessments:
- Identify the hazards present (a hazard is anything with the potential to cause harm e.g. slippery floors, electrical equipment, lifting heavy objects, stress, machinery, fire etc.).
- Identify the people at risk from the hazards e.g. employees, contractors, visitors etc. Particularly vulnerable employees should also be considered e.g. young people and new/expectant mothers.
- Evaluate the risk, taking into account the likelihood and severity of any accidents. Existing controls in place should be identified and evaluated.
- Record the findings on a suitable form.
- Review the risk assessment regularly.
However, since Lord Young's review the HSE have produced a risk assessment tool which is freely available to use on their website for low hazard environments such as a law firm office. The tool allows law firms to produce a tailored assessment of the risks present within their undertaking by selecting the relevant hazards and helping them to think about the best way to control them. The tool can be found at www.hse.gov.uk/risk/office.htm.
Fire Safety
The Regulatory Reform (Fire Safety) Order (FSO) applies to all non-domestic premises in England and Wales, the law applies to you if you are:
- responsible for business premises
- an employer or self-employed with business premises
Under the FSO, the responsible person must carry out a fire safety risk assessment and implement and maintain a fire management plan. With law firms often renting their business premises, depending upon the contractual obligations you may have, you could be the responsible person and be required to prepare a fire risk assessment for the whole building; if this is the responsibility of your landlord then you will still need to complete a fire risk assessment for your demised area.
Asbestos
Are you a duty holder as defined in the Control of Asbestos Regulations? If you are then you must check your premises for the presence of asbestos containing materials. This is completed by way of a survey and will identify the presence, condition, location and any risk from asbestos. If asbestos is present then a management plan will need to be drafted to ensure that the condition of any asbestos left in place does not deteriorate.
If you are not the duty holder then you must obtain from your landlord's evidence that an asbestos survey has been completed or there is indeed no asbestos containing materials present.
Driving at Work
With approximately 1000 deaths per year from road traffic accidents resulting from a person being at work, measures to ensure Lawyers who drive on work related matters should be robust. Undoubtedly there will be occasions when a car is the only sensible mode of transport for a meeting, not only does the driver have to comply with road traffic legislation, the practice must also consider other elements that increase the risk whilst driving at work.
You should have a policy in place and ensure regular checks are completed on driving licences. It is essential that vehicles are roadworthy - seeking evidence from the driver as to the condition of the vehicle is essential, does the vehicle have a valid MOT, is it insured for business use and finally have drivers complete a monthly check of tyres, lights and levels. You must also consider the journey and ensure that it is planned properly and that drivers at work are not put under pressure to drive long distances after long meetings.
Control of Contractors
The lack of control of contractors working on clients' premises can and does lead to many accidents and injuries to both the contractors and the clients' employees. This has resulted in civil claims for compensation and statutory proceedings against clients who did not fully appreciate the extent of the duty of the client to his contractor. Contractor does not merely relate to building contractors but anyone appointed by your practice to carry out services or works on your behalf. When selecting contractors, health and safety aspects must be taken into account as well as the competence of the contractor to complete the work. Many organisations have a policy of only using contractors from an 'approved list' of firms whose capability, quality and health and safety performance are already known. The selection procedure should also include a check that the contractor has adequate employers' liability and public liability insurance cover.
Competent Advice
As discussed in Lord Young's report lower risk working environments should be able to comply with the requirements of health and safety legislation without the need to appoint a Health and Safety Consultant. However the Management of Health and Safety at Work Regulations require employers to seek out competent advice for those areas where competence does not exist internally within your practice. For example completing specific risk assessments.
Also contained within Lord Young's report was a recommendation to develop a register of the most qualified health and safety consultants. The register, entitled Occupational Safety & Health Consultant Register [OSHCR] went live in spring 2011. The register contains details of consultants that have attained the relevant level of qualification and experience to be a health and safety consultant. If you do need to appoint a consultant please seek one from the register or speak with Pannone LLP who can advise on a suitable person to assist you with your enquiry.
