What are my employers' legal responsibilities for Workplace Safety and PPE?
Written by Marie Oxland | Personal Injury Team | 20 June 2024
Employers have a fundamental duty to ensure the health and safety of their employees at work. This includes providing safe work equipment and maintaining it in a condition that is safe for use.
Under the Health and Safety at Work Act 1974 (HASWA), employers are required to offer a safe system of work, safe equipment, plant, and machinery, as well as competent staff to manage these aspects. Additionally, the Provision and Use of Work Equipment Regulations 1998 (PUWER) stipulates that work equipment must be suitable for its intended use, maintained in a safe condition, and inspected regularly. Employers must also ensure that all employees are given adequate information, instruction, and training on the use of such equipment.
Employers also have a legal obligation to provide Personal Protective Equipment (PPE) when necessary. According to the Personal Protective Equipment at Work Regulations 1992, employers must provide suitable PPE to employees who may be exposed to a risk to their health or safety while at work, except where the risk has been adequately controlled by other means which are equally or more effective. Furthermore, the Health and Safety at Work etc. Act 1974 mandates that PPE must be provided free of charge and employers cannot levy any charge for anything provided under specific health and safety legislation. Employers are also responsible for the maintenance, storage, and replacement of any PPE they provide, and must ensure that workers have sufficient information, instruction, and training on the use of PPE.
Work equipment accidents are a significant concern in the workplace, with statistics showing that in Great Britain alone, 135 workers were killed in work-related accidents in 2022/23. The construction and agriculture sectors continue to be the most affected, with falls from a height, being struck by moving objects, and vehicle collisions being the most common types of fatal accidents. In the EU, over one-quarter of fatal accidents at work in 2021 were due to losing control of machinery or equipment. To mitigate these risks, it's crucial to follow safety regulations and use work equipment correctly. Employers must ensure that all machinery is safe to use, which includes conducting risk assessments, providing proper training, and maintaining equipment regularly. Additionally, workers should use PPE and report any hazards or near misses immediately. By taking these precautions, the likelihood of accidents can be significantly reduced.
Common work equipment accidents often involve situations where safety measures may be ignored, or equipment is improperly used. Prevalent reasons for machinery accidents are lack of protective gear, inadequate training, poor lighting, operator fatigue, improperly maintained equipment, failure to supervise, and machine malfunction. These incidents highlight the importance of rigorous safety protocols, proper training, and regular maintenance to prevent accidents and ensure a safe working environment.
To reduce workplace accidents, employers should conduct thorough risk assessments to identify potential hazards within the work environment. It is essential that employers develop and implement comprehensive safety training programs tailored to the specific needs of the workplace and ensure that all employees participate. Employers must also create and maintain a safety manual that is easily accessible to all staff, detailing safety guidelines and procedures for handling equipment and preventing injuries. Clear signage should mark hazardous areas to increase awareness among employees and visitors.
Providing industry-standard personal protective equipment and ensuring its proper use is also crucial. Regularly reviewing and updating safety policies, consulting with employees on risk management, and adopting a proactive approach to workplace safety can further enhance the prevention of accidents.
Common workplace hazards encompass a range of potential risks that can cause harm or injury. These include physical hazards like slips, trips, and falls, often due to wet floors or cluttered walkways. Chemical hazards from exposure to harmful substances can result in health issues. Additionally, safety hazards related to working from heights or with machinery, electrical hazards from improper wiring or equipment use, and environmental hazards such as poor air quality or extreme temperatures are prevalent.
Personal Protective Equipment (PPE) is an essential safety measure in various industries to protect against workplace hazards. PPE ranges from gloves and masks to more specialist gear. The main types include head protection, such as hard hats, which shield against impacts; eye protection like safety glasses to prevent injury from debris; face protection including surgical masks and face shields; respiratory protection, which encompasses devices like respirators to filter airborne contaminants; hearing protection with earplugs and earmuffs to reduce noise exposure; hand and arm protection through gloves and arm guards; body protection with various forms of protective clothing; and leg and foot protection using safety shoes and leggings. Employers are not only obligated to provide appropriate PPE they also need to ensure employees are trained in its use and to ensure it is used.
Employers should have a clear policy regarding the provision and use of PPE and ensure staff are properly trained in its use. Your employer should have assessed your workplace for hazards and selected appropriate PPE.
If you have had an accident at work as a result of a lack of or faulty PPE or work equipment, our experienced team can help. They will be able to advise if you have the potential for a claim and work with you through the process. You can get in touch with them by calling 01752 827085 or emailing enquiries@nash.co.uk.
