Concern for the health and safety of everyone in an organisation should be a basic of good management practice, writes Jackie Elliman.
The Independent Theatre Council (ITC) is committed to this and helps performing arts companies achieve it through its training courses and helpsheets. Its collective agreements with unions also reflect the law in this area.
Considerable legislation exists to ensure that good intentions are translated into good practice, and if you do not comply you may face a court case for breach of duty of care, or even criminal charges (punishable by fines or imprisonment). The first step in a commitment to health and safety compliance is to draw up a policy. If you have five or more employees, there is a legal obligation to put this in writing, and even if you have fewer it is still a sensible thing to do. The research that needs to be undertaken will be a valuable exercise in itself, providing an opportunity to find out what hazards and risks your workplace contains, the extent of these hazards and risks and ways to control or minimise them. This assessment should not be limited to obvious areas, such as machinery and dangerous substances, but should take into account invisible health hazards such as noise and stress.
The policy should cover all relevant health and safety issues and provide information for everyone in the organisation. ITC suggests that a document of this kind should include clear objectives and (if applicable) timescales for achieving these objectives. There should also be clear delineation of who is responsible for each area, spelling out who is responsible for researching and drafting policy, providing training and information, appointing health and safety representatives; whether responsibility needs to be delegated further for specific areas; and making it clear that ultimate responsibility is with the Board, which may have personal liability in cases of proven neglect.
Areas that need to be considered include:
- safety training
- safety inspections
- accident reporting and investigation
- monitoring maintenance of equipment
- provision of adequate first-aid facilities
- compliance with the health, safety and welfare regulations with regard to ventilation, temperature, lighting and sanitary provisions
- correct procedures when using hazardous substances, including provision of protective clothing where necessary.
The policy should be reviewed regularly (at least once every three years, possibly annually). This review should consider whether the policy is complying with the law, whether objectives are being achieved and whether changes need to be made.
Of course, a policy is no use unless it is put into practice. Some staff will be given specific roles under the policy; but under the Act, all employees have a general duty to co-operate on health and safety issues, and it may be a good idea to reinforce the policy by making neglect or abuse of health and safety requirements a disciplinary issue. Ideally, however, employers should aim to create a workplace culture where staff are aware that health and safety rules are about their welfare and compliance is for their own benefit.
Jackie Elliman is Legal & Industrial Relations Manager at the Independent Theatre Council. t: 020 7089 6823; e: j.elliman@itc-arts.org. The ITC helpsheet giving guidance on drawing up a health and safety policy is available from the ITC office, or from the members-only section of the website at http://www.itc-arts.org The next ITC Health & Safety at Work course will be held in September.