Health and safety - the role of Environmental Services
All businesses have a responsibility to look after the health and safety of their employees, and anyone else who may be affected by their work activities, such as contractors, volunteers, visitors and members of the public.
Responsibility for enforcing health and safety law is split between the Health and Safety Executive (HSE) and each of the 32 Local Authorities in Scotland within their local authority area.
The way in which these responsibilities are split can be complicated but in general Local Authorities are responsible for the following types of business:
- Shops and offices
- Hotels, restaurants and take away food businesses
- Cinemas, pubs, clubs
- Care homes (without nursing care)
- Leisure and sporting events
- Many other places of public entertainment
HSE are generally responsible for:
- Nursing homes
- Manufacturing
- Construction sites
- Road transport
- Council premises, including schools
- Colleges
- Hospitals
- Doctors/dentists
A full list of premises enforcement responsibilities can be found on the HSE website.
Local Authorities carry out health and safety inspections on a risk-based basis but may also carry out inspections as a result of local initiatives, or in response to enquiries or complaints.
To obtain further information on general or industry specific health and safety requirements please visit the HSE website.
For complaints regarding health and safety, or business enquiries relating to health and safety, please contact Environmental Services.
What you have to do
Health and Safety law applies to all workplaces in the UK where there are employees or, if you are self employed, where your work activity may affect other people.
An employer must:
- Prepare a health and safety policy, where they employ 5 or more people
- Conduct a risk assessment, and where they employ 5 people or more record the significant findings of this assessment. The HSE Managing risks and risk assessment at work web page will help you carry out a risk assessment.
- Provide their employees with health and safety training free of charge
- Maintain and service equipment regularly, including for some equipment arranging for statutory inspections to be carried out by a competent person, such as for lifting equipment, pressure systems and so on.
- Check for and mange asbestos containing materials if present in the workplace.
- Carry out a water risk assessment for Legionella in the workplace
- Maintain gas and electrical systems in good repair and condition, and for gas safety only use ‘Gas Safe’ registered installers to carry out any work. More information can be found on the HSE Gas safety for employers web page.
- Provide appropriate welfare facilities and where necessary, free personal Protective Equipment (PPE) for staff
- Consult staff on matters relating to their health and safety
- Provide first aid facilities
The above is not an exhaustive list, and further information can be found on the HSE website.
Accident reporting
In law businesses must report certain workplace incidents, near misses and cases of workplace disease to HSE, as required by the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR)
Details on the types of incidents/accidents that must be reported include specified injuries such as fractures and serious burns, employee over 7-day injuries, injuries to members of the public that result in them being taken to hospital for treatment, occupational diseases and dangerous occurrences. More details on the types of accidents you need to report can be found on the HSE Types of reportable incidents page.
How to make a RIDDOR report
Details are provided on the HSE website on how to make a RIDDOR report. Most accidents should be reported via their online RIDDOR report forms.
For fatal accidents or specified accidents relating to workers only, you can call 0345 300 9923.
If you have 10 or more employees, you must also keep an accident book under social security law.
Lifting equipment
All businesses operations using lifting equipment must ensure it is:
- fit for purpose
- appropriate for the task
- suitably marked
- in most cases, periodically examined thoroughly by a competent person.
Find out more about the Lifting Operations and Lifting Equipment Regulations (LOLER) on the HSE website.
Records must be kept of all thorough examinations. If any defects are found, you must report them to both:
- the person responsible for the equipment
- the relevant enforcing authority
For premises where South Lanarkshire Council is responsible for enforcement, these reports should be sent to Environmental Services.
Pressure systems
Pressure systems such as steam coffee machines, Jackson water boilers, pressure cookers or autoclaves which contain a relevant flid at over 0.5 Bar need to have regular safety checks carried out by a competent person. You can find further information on the HSE Introduction to pressure equipment page.
Cooling towers
The Notification of Cooling Towers and Evaporative Condensers Regulations 1992 requires that all cooling towers be registered with the Local Authority. See the Cooling towers and evaporative condensers page for information on how to register this with us and how to view the register.
Useful links
Health and safety basics for your business
Gas Safe Register - The Official List of Gas Safe Registered Businesses
Legionella and Legionnaires' disease - HSE
Other play inflatables safety advice
Entertainment and leisure industry - HSE
Control of Substances Hazardous to Health (COSHH) - HSE
Business advice and guidance | Scottish Fire and Rescue Service