Health and safety – fact or fiction?

I was chatting to one of my neighbours, who in her own spare time and to support her wellbeing, tends a small garden on our little estate. She does a great job, it’s immaculate and it looks beautiful for her and the rest of the tenants.

She said she was told recently by a neighbourhood officer that she might have to stop because of ‘health and safety’ as she might cut herself on the secateurs. ‘But you’re not at work and you’re using your own gardening tools’ I say.

We then recalled when a local council was branded ‘bonkers’ for banning daffodils in a park, fearing that children might eat them, and remembered when people stopped clearing snow on pavements because they feared they’d get sued if someone fell over.

I started to think about all the things I’ve had said to me about health and safety and what I’ve been asked. Some fact, some fiction. Here’s my top five:

1. ‘Axe throwing, isn’t that against health and safety?’

Fiction! Health and safety law is based on the principle of risk assessment and doing what you reasonably can to protect people. There is no law that prohibits axe throwing. The Health and Safety Executive say, ‘You’re not expected to eliminate all risks, but you need to do everything ‘reasonably practicable’ to protect people from harm.’

Simple steps to organise events safely could include checking the qualifications of your event organiser, checking the weather conditions for outdoor events, not serving alcohol before activities, and making sure people wear the right clothing and footwear.

We routinely help clients with event risk management to ensure the fun, and often fund raising, stuff they want to do is sensibly managed. We’ve supported Saraha treks, indoor abseiling, axe throwing and cycle races, through to helping workplace sports teams when organising sponsored matches.

2. ‘Health and safety is nothing to do with me, I just work here’

Fiction! While employees aren’t solely responsible for workplace health and safety, they do have some responsibilities, including following and implementing their training, wearing protective equipment provided, and reporting hazards.

There are numerous examples where employees have been found guilty of breaching their legal duties. In one case, the Health and Safety Executive investigated a scaffolder after a member of the public reported them for not working safely. They found the employer had taken reasonable steps to reduce the risk, including training the employee and providing the correct personal protective equipment. Quite simply, the employee did not implement their training or wear the protective equipment and put themselves and others at risk as a result. The scaffolder was sentenced to 26 weeks in prison (suspended for 12 months), given 100 hours of community service and was ordered to pay costs of £500.

All employers should ensure that employees are aware of their health and safety responsibilities, for example clearly stating them in a health and safety policy, communicating responsibilities in new joiner inductions, or by delivering formal health and safety training.

3. ‘I’ve been asked to buy paracetamol for the first aid kit, I can’t do this, can I?’

Fact! A first aider’s role is not to provide medication to treat general illness. The only exception is where aspirin is used as first aid for a casualty with a suspected heart attack, in accordance with a first aider’s training or as directed by a medical professional. A first aider’s role is also generally limited to helping a person to take their own prescribed medication, such as an asthma inhaler. First aiders may also administer lifesaving prescription medicine, such as adrenaline in the form of an automatic injector (such as an EpiPen) for the emergency treatment of Anaphylaxis.

No medication should be kept in first aid boxes for free access. If an employer decides to keep aspirin for emergency use only, it should be stored separately from the first aid box and under controlled access.

4. ‘Nothing really happens here, we’re just an office’

Fiction! While it is less likely that an employee will fall from height and be injured if they work in an office and use a computer for work, statistics from the Health and Safety Executive show that ‘admin/support services’ are 7th place out of 14 industries with the highest rates of self-reported non-fatal workplace injuries in 2022/23.

Slips, trips and falls made up 32% of non-fatal injuries to workers in 2022/23 and lifting, handling and carrying made up 17% of non-fatal injuries to workers in the same period.

A general workplace risk assessment will identify hazards associated with your workplace and operations, and what more you may need to do to control significant risks, such as simple workplace inspections or training people.

5. ‘Julie, tell them we can’t have toasters because of health and safety’

Fiction! There is no law banning toasters in an office. Most people are averse to having them because there is some effort required to manage them and because of the food smell.

Employers will need to identify a suitable toaster, determine correct positioning and detection, and ensure regular cleaning and condition monitoring is carried out. But, I’m afraid toasters are not banned in the workplace.

Remember, Section 156 of the Building Safety Act amended the Regulatory Reform (Fire Safety) Order 2005. Now, all employers (regardless of the number of employees) must have a fire risk assessment, so ensure you have one and keep it up to date, including where there are changes (and new toasters).