Search

Health and Safety rights at work: your questions answered

Everyone who has a contract of employment is covered by the Health and safety at Work Act 1974 which entitles workers to a safe and healthy working environment by placing legal duties on employers.

Contents of this page:

• Your legal rights
• The difference between hazard and risk
• Workers have duties too
• What other protection do I have?
• Questions and Answers
• Get a better deal at work - join a union

This page outlines your health and safety rights at work and answers some of the most commonly asked questions. Of course it is not a legal document, and you should always take further advice if you have a problem. Like any area of law, it is hard to give general advice as everybody’s precise circumstances will vary. That’s why workers are better off in a union, as they then have a strong friend at work who can give advice and help when it is needed.

Your legal rights

Under the Health and Safety at Work Act 1974 your employer must ensure that nothing that happens at work makes you ill or injures you (this is known as the “duty of care”). It could involve guarding machinery, making sure chemicals you work with are safe, and ensuring you can take breaks when you are tired. It even includes providing adequate canteen and toilet facilities.

Every employer must have a health and safety policy, explaining how they will manage health and safety, and who is responsible for what. Your employer must identify the hazards you might face at work, assess the risk that these hazards will affect you and detail the steps that will be taken to prevent those risks.

The difference between hazard and risk

Many people are confused by the specific legal use of these terms in health and safety. Basically, a hazard is something that could cause you harm, and a risk is the likelihood that the hazard will do so. Hazards can be physical (e.g. scaffolding, or repetitive work), chemical (e.g. asbestos or isocyanates), biological (e.g. tuberculosis) or psycho-social (e.g. stress).

Workers have duties too

Under the Act you must co-operate with the steps taken by your employer to protect health and safety in the workplace, to the extent that you are able. So if your employer tells you to work in a certain way because it is safer, they must make it possible for you to do as they say.

You must not endanger fellow workers by your actions or omissions. Basically, this means you should follow the safety procedures laid down by your managers, where they have given you the appropriate tools and resources. You should also avoid horseplay and pranks which could go wrong and cause injury or illness.

What other protection do I have?

Regulations, Approved Codes of Practice and Guidance have been developed by the Health and Safety Commission (HSC), covering specific workplace hazards, specific groups of workers and specific action which employers are required to take.

Many workplace hazards are covered by specific legislation, and some applies to specific industries (e.g. offshore oil, quarrying etc). Some of the areas covered by specific legislation (or where legislation is being considered) are:

Back strain – the Manual Handling Regulations covered most hazards to the back, including heavy lifting (although there are no maximum weights) – the Display Screen Equipment Regulations cover back problems caused by visual display units (VDUs);

Stress – the general duties on employers to care for their employees and to assess risks apply, and the HSC is developing management standards that will set out the steps employers have to take on specific causes of stress like working time, overwork and bullying.

RSI (repetitive strain injury) – the Display Screen Equipment Regulations cover using VDUs, and the Management of Health and Safety at Work Regulations cover the need to assess risks (including RSI);

Noise – if you are exposed to more than 85dB at work, your employer should be reducing the noise levels or at least giving you protection – the Noise at Work Regulations cover the issue;

Asbestos – exposure to asbestos kills more people than any other work-related hazard. The Control of Asbestos at Work Regulations set out your employer’s duties;

Temperature – there are minimum legal temperature in the Workplace (Health, Safety and Welfare) Regulations, but only guidance about maximum temperatures (in the Health and Safety Executive’s ‘Working in the Comfort Zone’; and

Asthma – workplace exposure to chemicals that cause asthma is covered by the Control of Substances Hazardous to Health Regulations and the HSC has issued (Summer 2002) an Approved Code of Practice on asthma itself.

Questions and Answers

Q: Am I covered by health and safety law?

Everyone at work is covered. If you have a contract of employment you are explicitly covered by the 1974 Act from day one. This includes trainees and people on work experience. Many people who are called self-employed are also covered, if they are acting under the control of an employer. And many people without a formal contract of employment are still covered.

Q: Are small firms covered?

Health and safety law applies to all employers regardless of size. The only exemptions are that some record-keeping requirements do not apply in firms with five or less employees.

Q: Can I refuse to do something because it’s unsafe?

Under the Employment Rights Act 1996, you have a legal right to refuse to do anything which you have reasonable grounds to believe would place you in “serious and imminent danger”.

If you lose out because of this, you can take your employer to the Employment Tribunal – but remember, Tribunals often can’t get you your job back, only financial compensation. This right applies from day one of your employment.

Q: What should my employer be doing about risks at work?

There is a legally binding ‘hierarchy of control’ which lays down the order in which various steps should be taken. First, the source of the risk should be replaced (e.g. by using different machinery or chemicals).

Second, and only if the first option is not possible or ‘reasonably practicable’, (see below for a definition) the source of the risk should be isolated from the workers (e.g. by putting it in a concealed room, or placing guards on machinery).

Third, if the first two steps cannot be taken, the risk should be minimised, by using less of a substance, or reducing the time workers are exposed to the risk.

Lastly, if all else fails, the employer should provide personal protective equipment (such as ear plugs, overalls, breathing apparatus).

Q: If my employer says safety measures cost too much, can he refuse to take them?

Most health and safety law requires employers to take all the steps which are “reasonably practicable”. This means that they don’t have to use a sledge-hammer to crack a nut. It doesn’t mean that if it costs money they don’t have to do it, and it doesn’t even mean that if they can’t afford it they don’t have to do it. In practice, most health and safety measures pay for themselves in reduced accidents, reduced sick pay and reduced compensation payments.

Q: What can a union do to make my workplace safer?

Where unions are fully involved in the workplace health and safety system, accident rates fall by more than 50%. Whenever your employer does something that could affect your health and safety, they are required by law to consult either your safety rep or the workers who are affected. This consultation must be genuine - it must be “in good time” (in time to change things), and your employer must take account of your response.

Where there is union recognition, unions can appoint safety reps who have a right to time off for union training, a right to be consulted and to represent their fellow workers, a right to investigate accidents, and a right to be involved in inspections by the HSE or local environmental health. They can also require joint union-management safety committees be set up.

Q: How can I become a safety rep?

If there is a recognised union where you work, and you are a union member, you can become a union safety rep - tell your union that you want to be considered, and if you are suitable and there is a vacancy, they will provide you with advice and training. There are no qualifications needed, and the union will provide training and information. You can even turn the safety rep training you do into credits towards professional health and safety qualifications.

Q: What do I do if there is no union where I work?

You still have the rights to be informed, consulted and have your health and safety protected. But Government figures show that you are twice as likely to suffer a workplace injury if there is no union involved in health and safety where you work.

Q: Where else can I get information?

Contact your union direct, visit the TUC health and safety website or contact the HSE information line on 0541 545500. HSE also has "workers webpage" at www.hse.gov.uk/workers/index.htm. The TUC issues a health and safety bulletin every week - subscribe for free at www.tuc.org.uk/newsroom/register.cfm

Your employer must display the HSE poster, by law. It contains a summary of your basic rights, and contact details.

Q: Who do I complain to?

First take your complaint to your line manager, and then to your union safety rep. If they are unable to help, you can contact the HSE local office (the number is in the phone book and complaints can be made anonymously). If you work in the services sector, contact the local council’s Environmental Health Office. The HSE worker's webpage also explains how to do this and how to complain about them!

Q: Who is responsible for health and safety where I work?

The main responsibility lies with your employer, but on day to day matters, either your line manager will be responsible, or a person specified in the health and safety policy. If there is an occupational health or safety unit where you work, they should be able to help

Q: What do I do if I am ill or injured at work?

Two million people are injured at work every year and more suffer a work-related illness. So you are not alone!

First, report it to your line manager and/or safety rep. Get them to record it in the accident book. For certain injuries and illnesses, employers are required to notify the HSE (not to trigger an inspection, but so that the HSE knows what is happening, and as the first step in an internal investigation). Also covered by the workers webpage.

Second, or if you have problems with the first step, see your GP and explain how your work caused your injury or illness, and tell your union. If you are lucky, your GP or your employer will provide rehabilitation, such as physiotherapy, to get you back to fitness and back to work.

If your injury or illness causes you to lose wages, or causes pain and disability for more than a few weeks, you may be able to claim benefits from the DSS, or compensation from your employer. Contact your union legal service for help and advice. If the injury was due to criminal violence, tell the police and your union as soon as possible - your union legal service may be able to help you claim from the Home Office criminal injuries compensation scheme.

Get a better deal at work - join a union

When things go wrong at work - be it injury or illness, sex discrimination or the sack - union legal services are often the only way to secure redress or compensation. Every year, unions win over £300 million for their members who have been injured at work.

Unions tackle sex, race and age discrimination and aim to win opportunities for all. Unions aim to ensure that you win the same rights as everyone else, no matter how many hours you work. Last year, unions won an average of £15,000 for each of their members making an equal pay claim, winning a total of £1 million for the year.

Everyone has the right to join a union and it costs less than you think - the average cost of being in a union is only 81p per week for part-time workers and £1.99 for those working full time. And your employer doesn’t even need to know you are thinking of joining.

To find out more about how to join a union and which is the right one for you, complete our form, or phone the TUC, Britain’s national centre for trade unions, on (020) 7636 4030