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COVID Risk Assessment – Why must Employers Manage Risks?

DC
BY Douglas Cameron
Health & Safety

We were asked recently about the responsibilities of persons operating businesses, opening now to the public and for some understanding of legislation expectations.

We explained the specific guidance relating to the risk assessment process for that sector and together we carried out a very detailed assessment specific to the premises including the involvement and training of all employees to understand “our” controls. We did not forget the on-going expectations that employees follow the safety guidance when not at work and of course ensuring the public understood “our” rules on arrival and during their “customer experience”

We were then reminded to explain and discuss one of the “main pillars” of Safety Law.

The Health & Safety at Work etc Act 1974 (HASAWA) Section 2 and 3 requires all employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees and non-employees.

What is reasonably practicable?

Doing everything possible to remove or reduce health and safety risks. Every employer must essentially take all possible steps unless the necessary steps is disproportionate to the level of risk.

The established outcome of former a former court case cases helps our understanding further and is very useful reminder.

Regina v Board of Trustees of the Science Museum 1993 confirmed the possibility of danger does not require any actual injury or illness to have been suffered. The primary concern is the risk, and how an organisation manages this.

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