Health and safety at work

Good health and safety management makes sound business sense, and the law recognises that businesses and organisations that create risks are best placed to manage them. This includes risks to health - such as exposure to asbestos, chemicals or work-related stress - and risks to safety, such as falls from height, workplace transport and manual handling.

There are a lot of myths about health and safety. Good management is largely about identifying and managing genuine risks - the law does not require you to identify and manage every conceivable risk.

How health and safety is regulated

In the UK, health and safety enforcement is split between the Health and Safety Executive (HSE), which operates nationally, and local authorities, which cover their own areas. The division of responsibility is generally based on the main business activity at a workplace, as set out in the Health and Safety (Enforcing Authority) Regulations 1998.

Our environmental health officers may visit workplaces throughout Orkney to check how employers are complying with health and safety law, investigate accidents and complaints, offer advice, and take enforcement action where necessary. If you are unsure whether your premises are regulated by the HSE or by us, contact our environmental health team.

Health and safety duties

All employers have health and safety duties to their employees, to others affected by their work, and to people to whom they rent premises. Employees also have duties — including to look after themselves at work, to cooperate with their employer, and to take care of others affected by their work.

These duties are in addition to other legal requirements such as planning, food hygiene, building standards and tax.

Advice and guidance

There is a wide range of practical guidance available. A good starting point is the HSE website, which covers health and safety topics relevant to all types and sizes of business.

Our priorities

Rather than inspecting every workplace, we target our resources towards areas of greatest risk, using national and local information. Our approach is set out in our Health and Safety Service Intervention Plan.

What you need to notify us about

There are certain things employers must notify us about.

Accidents and incidents

Certain accidents and incidents at work must be reported under RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations).

Cooling towers

Cooling towers and evaporative condensers must be registered with us. See our Cooling towers section for more information and the registration form.

Non-licensed asbestos work 

Certain types of non-licensed asbestos work must be notified to us. See our Asbestos section and the HSE guidance on notifiable non-licensed work.

Enforcement

We have a range of powers to help duty holders comply with the law, from offering advice and guidance through to formal enforcement action. Our enforcement policy sets out how we approach regulation.

A register of enforcement notices is available on our licensing and regulation page.

Appeals and complaints

If you have received a health and safety enforcement notice from us, you have the right of appeal. Details of how to appeal will be included with the notice. You may wish to speak to your legal adviser.

If you are unhappy with how we have handled something in our role as a health and safety regulator, you can use our standard complaints process. You can also find further options on the HSE website.

Asbestos

Asbestos was widely used in building construction from the 1950s until its use was prohibited in 1999. Many buildings constructed or refurbished during this period still contain asbestos containing materials (ACMs). As long as asbestos is in good condition and not disturbed or damaged, the risk is negligible. If it is disturbed or damaged, however, fibres are released into the air and can be breathed in — making it the single greatest cause of work-related deaths in the UK.

Employers have a legal duty to know where ACMs are in their workplaces and to have plans in place to manage them, including preventing exposure to employees and tradespeople. In workplaces where we are the enforcing authority, our officers may visit to confirm that duty holders have the required documentation and risk controls in place, including:

• An asbestos survey
• An asbestos register
• An asbestos management plan

The HSE website has comprehensive information about asbestos. 

If you need to dispose of asbestos waste, contact our Waste Services team.

Cooling towers

All premises with cooling towers or evaporative condensers must register with us under the Notification of Cooling Towers and Evaporative Condensers Regulations 1992. Complete the registration form below and return it to our environmental health team.

The HSE website has information on the legislation and guidance relating to the management of water systems and the control of Legionella, including the approved Code of Practice L8. This is relevant to operators of cooling systems, spa pools, and hot and cold water systems, all of whom have legal duties to ensure their systems are risk assessed, properly operated and maintained.