Research by the HSA indicates that accidents caused by manual handling accounts for most accidents in the retail sector, while incidents associated with mobile handling devices, for example barrows and pallet trucks is also particularly prevalent.
In light of the foregoing, it is essential that retailers are knowledgeable on the legislation that affects this area. The legislation dictates minimum standards for health and safety in the work place and also provides guidance on how to prevent work place accidents.
Safety Health and Welfare at Work Act 2005
General Duties
Employers have a responsibility to look after their own and their employees safety at work and the 2005 Act lists their general duties as including (but not limited) to:
- The management and conduct of work activities
- Preventing improper conduct or behaviour
- The design, provision and maintenance of (i) safe workplace (ii) safe means of access to and egress from workplace and (iii) safe machinery
- Providing safe systems of work
- Providing adequate welfare facilities
- Preparing risk assessments and safety statements
- To report accidents and dangerous occurrences to the HSA
It is very important for retail employers to be aware that their duties are not limited to ensuring the health and safety of their own employees but also “so far as is reasonably practicable” to those who are not their employees but who may be exposed to risks to their health or safety at the place of work while work is being carried on. This applies where the public have access to the place of work while work is in progress.
Safety Statement
The 2005 Act also requires every employer to prepare a safety statement to safeguard the safety and health of employees while they work. The HSA has noted that only 65% of employers in the retail/wholesale sector were able to produce a safety statement when requested in 2010.
The safety statement represents a commitment to safety and health by the employer. It should state how the employer will ensure safety and health in the workplace and state the resources necessary to maintain and review safety and health laws and standards. A safety statement must be prepared by the employer and this must be brought to the attention of people affected by its terms, which will include employees and contractors.
The safety statement should influence all work activities, including:
- the selection of competent people, equipment and materials
- the way work is done
- how goods and services are designed and provided
It is essential to write down the safety statement and put in place the arrangements needed to implement and monitor it. The safety statement must show that hazards have been identified and the risks assessed and eliminated or controlled.
Safety, Health and Welfare at Work (General Application) Regulations 2007
These Regulations, which came into operation on 1 November 2007, replaced and simplified the 25 sets of regulations and orders previously in place and they apply to all places of work.
They regulate the following areas:
- Use of work equipment
- Personal protective equipment
- Manual handling loads
- Display screen equipment
- Electricity
- Work at height
- Control of noise
- Protection for sensitive risk groups, for example children and pregnant women
- Safety signs and first aid