Earlier this week marked World Day for Safety and Health at Work. When we think about health and safety at work, our minds often jump to hard hats, fire drills and accident books. But in reality, health and safety is about far more than that. It is about creating a safe environment where employees can work without risk to their physical or mental wellbeing. HR are absolutely central to achieving this.
The Health and Safety at Work Act 1974 places duties on employers to ensure the health, safety and welfare of, amongst others, employees. This means they must identify, evaluate and control anything arising from work that may cause harm. The duty to provide a safe place of work is inextricably linked to the role that HR play. HR teams are often the first to know when an issue arises and the first to act. Here are some of the key ways HR plays a vital role in health and safety at work:
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Assessing the risk
Under the Management of Health and Safety at Work Regulations 1999, employers must identify what could cause injury or illness in the business, decide the level of risk and take action to remove or control the risk. Depending on the nature of your business, HR may have a small or large role to play in this process. Regardless, from an operations point of view, HR need to know that these steps have been taken. In certain areas HR themselves are likely to need to take the lead. Key areas include stress at work; harassment; menopause; disability; mental health and pregnancy (see below).
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Making sure health and safety concerns can be raised ‘safely’
Employees have the right to raise concerns about health and safety without fear of reprisal. Concerns regarding health and safety are likely to amount to protected disclosures under whistleblowing legislation. Employees are legally protected from being subjected to any detriment or dismissed for raising such issues. There are also separate specific protections from dismissal on health and safety grounds. Any dismissal in these circumstances will be automatically unfair and compensation is uncapped. HR must manage these risks by making sure that they foster a workplace culture where concerns are taken seriously and acted upon swiftly. Whistleblowing policies and access to clear reporting channels are an absolute must.
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HR: Guardians of the policies
The law says that every business must have a policy for managing health and safety. Policies often fall under HR’s duties. A health and safety policy should explain how the business will manage health and safety. It should clearly say who does what, when and how. You need a written policy if you have five or more employees. You must share the policy, and any changes to it, with your employees.
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Ensure competent employees
Employers need to make sure their workforce is capable of performing their tasks safely and that they have the necessary training and skills. Training and competence often fall under the remit of HR. A clear appraisal and performance management system should be in place to make sure that any training needs are identified early and any competency issues are handled within a structured process.
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Tackling harassment and bullying
A toxic work culture can be dangerous to the health and safety of the workforce. Harassment and bullying create real risks to mental health and wellbeing. HR must take proactive steps to prevent this by having clear policies, dealing swiftly with complaints, and training managers on acceptable behaviour. This is a fundamental part of providing a safe workplace. It is even more imperative now that employers are placed under a positive duty to prevent sexual harassment in the workplace.
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Supporting disabled employees with adjustments
Under the Equality Act 2010, employers must make reasonable adjustments for disabled employees to ensure they are not disadvantaged. HR often leads this process by working with the individual, managers, and occupational health to identify and implement adjustments. Failure to do this properly can create serious risks to the employee’s safety and wellbeing and lead to the risk of a legal claim.
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Managing risk for pregnant employees
When an employee notifies HR that they are pregnant, that conversation triggers a legal obligation. A specific risk assessment must be carried out for pregnant employees, and suitable adjustments made if needed. If risks cannot be removed, the employee may need to be suspended on full pay. HR’s role is critical in making sure this happens smoothly and sensitively.
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Promoting good mental health
Stress is one of the biggest causes of long-term sickness absence. HR has a key role in promoting good mental health practices, spotting warning signs, encouraging the use of employee assistance programmes, and making sure managers are trained to support their teams appropriately.
Health and safety isn’t just a ‘facilities’ issue – it’s a people issue, and HR is right at the heart of it. And this is just the ‘tip of the iceberg’. We recommend taking a look at the Health and Safety Executive’s ‘basics for your business’ page for more helpful guidance.