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Hall900056  
#1 Posted : 23 October 2012 17:08:50(UTC)
Rank: Forum user
Hall900056

Odd question but, I know that an employer with less than 5 employees is not required to have a written down policy but I am now getting questions from small companies who have employees some of which are 16, regarding their safety on site.
Due to the accident & claims culture am I right in thinking that they should really have this covered especially high risk activities/equipment. They are not even supposed to have an accident book unless they have more that 10 but surely the employees they do have deserve some attention/controls if it goes wrong.
Bruce Sutherland  
#2 Posted : 23 October 2012 17:27:11(UTC)
Rank: Forum user
Bruce Sutherland

suggest you go back to Man Regs ACOP and check - I suspect you will find that parliament intended that small business were exempted the paperwork requirement..... but not the RA requirement

good isn't it
bob youel  
#3 Posted : 24 October 2012 08:27:44(UTC)
Rank: Super forum user
bob youel

The 'under 5 employees' thing is hog wash and was a political thing at the time as if an employer has only one employee and that employee gets killed or has a bad accident at work a judge will not say that its OK and do not bother as U have less than 5 employees will they!

The tax man nor any other organisation etc. does not treat a small employer any different to a large employer e.g. Employers with less that 5 employees do not pay smaller insurance premiums just based on their employee size so why should H&S be different?

I would advise all employers irrespective of how many employees they employ to have a suitable management system in place that accounts for their business risk rating and manage thereafter and having a 'management' policy is a good place to start. Remember that one employee can bring an business down
Tomkins26432  
#4 Posted : 24 October 2012 09:14:10(UTC)
Rank: Forum user
Tomkins26432

I agree with Bob - as SMEs do need to undertake risk assessment, particularly for young people in their employ, I believe that a good risk assessment derives from the arrangements for H&S the organisation has put in place, these need to be recorded and as they are part of a H&S Policy?

A good H&S management system will 'catch' things like keeping young people safe.
Hall900056  
#5 Posted : 24 October 2012 15:43:53(UTC)
Rank: Forum user
Hall900056

Many thanks all. You have confirmed my thoughts. I do like reading these discussion forums, you are all so helpful.
A Kurdziel  
#6 Posted : 24 October 2012 15:47:55(UTC)
Rank: Super forum user
A Kurdziel

Bruce Sutherland wrote:
suggest you go back to Man Regs ACOP and check - I suspect you will find that parliament intended that small business were exempted the paperwork requirement..... but not the RA requirement
good isn't it

Of course this is the ACoP that is being withdrawn in the interest of simplification.
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