Business advice: Legal
It’s time for a restart H&S check-up In this article, Head of Napthens Health and Safety, Chris Walker, explains the importance of getting back to basics on health and safety since the pandemic… Over the past few weeks I’ve been getting out and about more and enjoying life including outdoor hospitality following the easing of lockdown restrictions in England.
As employees return (potentially from furlough) to meet rising demand for your products and services, and as new employees join your business and adapt to new ways of doing things – what have you done to remind But viewing the situation as a health and safety them of or educate them in the basic health and safety controls that were previously in specialist, unfortunately what I’ve seen has place and ensure their personal safety isn’t shown yet again, that in managing the risks compromised by lapses in their memories of from one hazard, other issues and risks are created which otherwise wouldn’t have existed. the safe ways to do things? Those returning to work after any period I’ve seen fire exits blocked by reorganised shopping aisles and queuing areas across busy of absence and employees that are new to your business need to be inducted, informed car parks forcing passers-by to walk in the and trained on the hazards and controls road – both easily rectified, but a reminder of in your business. Without this they are at how easy it is to get distracted and lose focus on the significant hazards in our businesses in a significantly increased risk of workplace the pursuit of managing newly identified ones! accidents and injuries. What I’m really keen to raise awareness of is the need to ensure the health and safety basics in your breweries, bars, pubs and restaurants are covered. It’s great that we’re getting back to business and the road ahead looks positive, but there are plenty of key health and safety issues that haven’t gone away in the hospitality sector. The impact of dealing with the recent crisis doesn’t excuse employers and other duty holders from the responsibilities they’ve always had. Managing health and safety in your business to ensure risks are suitably managed remains your responsibility. Adapting to COVID-secure working is no excuse for letting previously well-established health and safety standards slip. If we take things right back to basics, as a business owner you have a legal duty to ensure that the people who work for you, access your premises and use your services are kept safe. This includes maintaining your premises in a condition which doesn’t create safety risks, implementing safe systems of working and maintaining work equipment so that it can be used without creating additional risks. I’m going to ask you to give your business a restart health and safety check-up!
Has the prolonged shut down or slow down in your business created additional risks that you’ve not considered? Has the prolonged shut down or slow down in your business created additional risks that you’ve not considered? For instance, has the risk of legionella in your water systems been properly managed while usage of the premises you occupy has been reduced? Have legally required maintenance, inspections and tests of equipment and systems in your business been
interrupted by lockdown restrictions? Your forklift trucks, gas installations and pressure systems still need to have had their statutory examinations, your fire system still needs to have been maintained and the condition of your premises and work equipment closely checked for deterioration before increasing occupancy or reoccupying takes place. Have training arrangements and required training refreshers all been kept up to date? For instance, have all of your trained first aiders, forklift operators and fire marshals had the necessary refresher training - or has the pandemic interrupted this? Of course, as with all matters affecting the health and safety of persons connected with your business activities, it’s not just the potentially devastating effects on an individual that will concern you. Fines resulting from prosecutions for health and safety breaches quickly run into the tens of thousands of pounds for the simplest of breaches and can go far beyond that level, into the millions, if more serious harm is risked. So, let’s get back to business - but let’s do it safely - protecting you, your people and your business. Napthens Health and Safety is a trading name of ATG Health and Safety Consultants Limited. ATG Health and Safety Consultants Limited is a limited company incorporated in England and Wales with registered company number 5172986. It is a business providing Health and Safety consultancy which is not regulated by the SRA.
For advice on this topic or on legal issues affecting your business, please contact SIBA Legal Helpline on 0845 6710277 North West Law firm LLP is a SIBA supplier associated and Gold Standard Sponsor. The firm has a team of specialists looking after legal requirements of clients in the leisure and licenced trade sector, with clients including Daniel Thwaites Plc and Titanic Brewery. Napthens manage the SIBA Legal Helpline which offers legal advice and guidance on a wide range of legal issues affecting your business, including: General commercial, intellectual property, corporate finance, dispute resolution and litigation, commercial property, licensing, employment law and HR advice. Any enquiry through the helpline will receive up to 1 hour of free legal expertise (if further work is required, you’ll be advised of the appropriate charging structure). Full details of the helpline can be found on the SIBA Members Toolbox.
www.siba.co.uk | SIBA Independent Brewer | Summer 2021
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