All employers, businesses and companies have obligations under current health and safety legislation to protect employees and the public from health and safety risks created by their activities. Each organisation has its own specific issues and duties arising from the type of business or industry and the particular type of work or operation it undertakes. ASM's approach, as professional and experienced health and safety consultants, is to provide bespoke practical and effective solutions to these particular health and safety issues.

 

Every employer is required to appoint a competent person (or persons) to assist them to meet their legal health and safety obligations. This means an employer must appoint someone competent to provide sound advice on all matters of health and safety. We regard this as the first step and probably the most significant step that an employer can take when it comes to managing health and safety effectively. As professional health and safety consultants we can provide a competent person, or competent person support service, so that you are able to meet this most fundamental obligation.

 

Once there is proof that persons have been exposed to risk, an employer is liable to prosecution for a breach of the relevant legislation. Under health and safety legislation, unlike any other criminal legislation, the burden of proof rests with the employer to prove that there was no breach of law. The employer is guilty until they can prove otherwise. The only defence that an employee can manage is to demonstrate that they have done what would be regarded as "reasonably practicable" in the circumstances leading up to the incident. This means that the employer needs to be in a position at all times to be able to demonstrate that they have done what is reasonably practical in the circumstances with solid written evidence. Taking this concept a step further, this means that employers need to actively and effectively manage health and safety and keep relevant comprehensive records. Active management of health and safety will reduce the hazards and the risks in the first instance.