Workplace transport safety An employers' guide - ARRI Lighting Rental

Health and Safety
Executive
50 Ultimately, only the courts can provide an authoritative interpretation of the
phrase ‘reasonably practicable’.
Health and safety law
51 There are many specific legal duties relating to workplace transport, and some of
them are quite complicated. Throughout this guide, we explain what you must do by
law.
52 In this guide, we talk about legal duties with the phrases ‘by law’ and ‘the law
requires’. You will also find the words ‘must’, ‘must not’ and ‘may’, which show
things that are or may be required by law.
53 There are also more general legal responsibilities which apply to all situations.
54 Employers must:
n take all ‘reasonably practicable’ precautions to ensure the health, safety and
welfare of all workers in the workplace and members of the public who might
be affected by their activities;
n assess the risks to the health and safety of anyone affected by what they do
(including employees and members of the public). If the company consists of
five or more people, the significant findings must be recorded. See the chapter
Managing the risks for more information;
n use certain ‘principles of prevention’ (which we describe in paragraph 60),
where they take ‘preventive measures’ to control risks;
n effectively plan, organise, control, monitor and review the preventive and
protective measures they use. If the company consists of five or more people,
these arrangements must be recorded;
n so far as is ‘reasonably practicable’, provide and maintain safe systems of
work;
n provide information, instruction, training and supervision to protect, so far as is
‘reasonably practicable’, employees’ health and safety at work;
n maintain in a ‘safe condition’ (without risks to health) any workplace under their
control, and the means of ‘access’ to and ‘egress’ from it (the way employees
get into and out of the workplace).
55 If you are self-employed, you have a similar duty to that of employers – you
must reduce as far as is ‘reasonably practicable’ risks to your own and other
people’s health and safety.
56 Anyone in control of work premises (for example, a landlord) has limited legal
duties to make sure that the premises are safe. This also applies to people in
control of the means of entering or leaving a workplace (for example, land that has
to be crossed).
57 The phrase ‘reasonably practicable’ is very important, and we explain it more
fully in paragraphs 35-50.
58 All employees must take reasonable care of their own and others’ health and
safety and co-operate with their employer so that the employer can meet their
duties. Employees need to recognise this responsibility and act accordingly.
59 If you or your employees fail to meet the duties above, you or they might be
prosecuted.
Workplace transport safety Page 11 of 144