Understanding the General Duty of Care: Responsibilities of Employer towards Health and Safety in the UK

Introduction

Health and safety of employees at work are governed by strict set of legal requirements in the United Kingdom. In that the most important principles is the General Duty of Care. The General Duty of Care is about protecting their workers well-being. This raises the question of “What does this General Duty of Care say?” Throughout this blog, we would be exploring the various responsibilities which employers have under the UK health and safety laws and focus on how employers can ensure the safety and well-being of their employees.

How does General Duty of Care work?

In the UK, Health, and Safety at Work etc. Act 1974, which is known as HSWA, clearly outlines the General Duty of care which is to be followed by the employers. In accordance with the HSWA Act, the employers are required to ensure the health and safety of their employees at work. The employer has a general duty to ensure that the workplace is safe from all kinds of risks which may cause harm, injury, or ill health to the employees. This law also includes construction sites and office environments under its scope, which helps to govern workplace safety broadly.

Employers are also required to manage risks in a proactive manner additionally, along with complying with specific regulations, even if there are no specific rules which will govern a particular hazard.

7 Key Requirements Under the General Duty of Care:

1. Provision of a Safe and Healthy Work Environment:

Employers have a duty to provide a safe working environment as part of the General Duty of care. It is the responsibility of every employer to identify and assess all workplace hazards, regardless of whether they are physical, chemical, ergonomic or any other category. To make sure that the employees are provided with a safe working environment, employers need to address and mitigate these hazards.

Some good examples would be for employers to control and eliminate risks associated with exposure to harmful substances, working with dangerous machines and working under conditions that are unsafe, such as extreme temperatures or poor lighting.

2. Recognize and Control Risks:

Employers are required to identify any hazards which may pose a risk to the health and safety of their employees. In health and safety terms, the word Hazard is anything that can cause harm or injury. If a risk is identified, employers have the responsibility to eliminate it or control it to the greatest extent possible.

This can include taking protective steps such as installing safety barriers, replacing harmful substances with safer alternatives, or implementing safety procedures that reduce the likelihood of accidents.

3. Follow Health and Safety Regulations:

While the Geneal Duty of Care provides a broad framework, employers also need to comply with certain health and safety regulation which is set by the Health and Safety Executive (HSE) or other relevant regulatory bodies. These regulations describe in detail the requirements for managing particular hazards, such as electrical safety, manual handling, fire safety and personal protective equipment (PPE).

Employers have a duty to stay informed and keep up to date with these regulations and practices in accordance with any changes in the law.

4. Provide Employee Training and information:

Another main requirement to be met by the employers is the education and training of employees about health and safety risks and procedures. As a part of this, workers should be provided with adequate information about potential hazards in their jobs, how to use equipment safely and how to manage emergency situations. In order to ensure that everyone understands safety procedures and can respond accordingly in an emergency situation, employers can provide regular training sessions, including inductions for new employees and refresher courses existing staff.

5. Maintain Safe Equipment and Machinery:

Employers must ensure that the equipment and machinery used at work are safe. This can be done by maintaining and regularly inspecting the machinery, providing adequate PPE to the employees, and ensuring that all the tools used meet safety standards.

For Example, employers must ensure that the lifting equipment is properly maintained, all electrical systems are regularly checked and that any machinery prone to malfunction is regularly inspected and serviced.

6. Conduct Regular Risk Assessments:

As per the General Duty of Care, the workplace must be regularly assessed for any risks. One effective way of managing risks is through conducting regular risk assessments of the work tasks. This identifies all the potential hazards which may exist on a workplace, evaluate the risks they present, and then implement suitable and sufficient control measures to mitigate them. Through regular risk assessments, we can ensure that new hazards are identified, and any changes in the work processes or materials can be considered based on their potential impact on the health and safety of the employees.

7. Report and Record Accidents and Incidents:

By K law, all employers are required to report certain workplace accidents, injuries, and incidents. HSE needs to be notified of serious workplace accidents, including fatalities and injuries which require hospitalization. This is in accordance with the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013(RIDDOR).

Recording incidents and near-misses is also essential for identifying patterns and preventing future accidents. It is very important that all the reports related to accident and incidents are documented and maintained. This would help the employers to assess on a regular basis how effective their existing controls are helping them to maintain the health and safety of the workplace.

Why is the General Duty of Care Important?

The General Duty of Care is a crucial part of the UK’s health and safety legislation. It protects workers, prevents injuries, illnesses, and fatalities by imposing legal obligations on employers. Regardless of how large or small a business is the General Duty of Care ensures that the safety of the employees is always given top priority. When an employer ensure that all the applicable health and safety laws are being followed and implemented, it not only enhances the organization’s reputation in the outside world, but also boosts its productivity and contributes to a positive work environment which is achieved through employees increased confidence level.

Conclusion

In conclusion, the General Duty of Care under the Health and Safety at work Act 1974 places a clear responsibility on employers to protect the health, safety, and welfare of their employees. Identifying risks, taking corrective action, providing training, maintaining equipment, and complying with relevant health and safety regulations help employers to create a safe working environment that benefits everyone.

A proactive approach towards health and safety by employers will ensure that businesses remain compliant with the applicable law and reduces the risk of incident, accidents as well as any legal citations by the enforcement authorities. It will also help to create a healthy, productive work environment for all employees.

Call to Action

As we discussed above, since health and safety is important not only for preventing injuries and accident, it will also help employers to promote active employee participation in the day today health and safety mattes there by increasing their confidence level which will in turn generate an active workforce.

If you have any thoughts on how organizations can improve their safety practices, please share them in the comments section!

Author of this Blog