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Whether running a business or owning a property, there are various laws that need to be complied with. These vary according to the size and structure of an organisation, along with the nature of the business and/or type of premises.
Examples of legislation applicable to businesses and/or property owners include, but are by no means limited to, the following:
Health & Safety legislation requires all businesses to have:
(i) A Health and safety policy which is communicated and reviewed regularly
(ii) Risk assessments which are reviewed as necessary and recorded where there are 5 or more employees
(iii) A written employee induction training program, with training records maintained
Furthermore, employers are required to appoint a competent person, or people, to help meet their health and safety legal duties
Health & Safety legislation requires adequate maintenance and Statutory Inspections, for example:
(i) Lifting Operations And Lifting Equipment Regulation (LOLER Inspections)
(ii) Pressure System Safety Regulations (PSSR Systems Testing)
(iii) Provision and Use of Work Equipment Regulations (PUWER Work Equipment & Power Presses)
(iv) Control of Substances Hazardous to Health Regulations (COSHH Ventilation Plant)
The Electricity At Work Regulations outline electrical safety requirements.
Satisfactory inspection certificates provide documented proof of:
(i) Fixed Wiring Safety (Electrical Installation Condition Report : EICR)
(ii) Portable Appliance Safety (Portable Appliance Testing : PAT)
The Regulatory Fire Safety Reforms outline fire safety requirements.
These include:
(i) Fire Risk Assessments, to identify, manage and reduce the risk of fire
(ii) Adequately maintained fire extinguishers
(iii) Adequately maintained fire alarms and/or fire fighting equipment (where installed/provided)
The Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)
DSEAR requires employers:
(i) to assess the risk of fires and explosions arising from work activities involving dangerous substances and
(ii) to eliminate or reduce these risks
The Control of Asbestos Regulations
The regulations require:
(i) Commercial properties built before 2000 to have an Asbestos Survey
(ii) Any located Asbestos Containing Materials (ACMs) need be managed and reviewed on an annual basis
Gas Safety Regulations
The regulations require:
(i) gas appliances, and
(ii) pipework
to be checked and maintained annually
Road Traffic Act (RTA) legislation
The Road Traffic Act requires Fork Lift Trucks used on public roads to be adequately insured.
This applies even where Fork Lift Trucks just encroach onto pavements, industrial estate roads etc for loading and unloading.
Case law has defined a public road to be ‘where it is natural to suppose that the public may be found. Such as car parks, lay-bys, loading bays, private roads through trading or industrial estates…’. Therefore, this triggers the need for Road Traffic Act cover.
The above only touches very briefly on a few of areas of Health and Safety law. Further details of legislation applicable to businesses and property owners may be found on the HSE website and at https://www.gov.uk/guidance/business-regulation-guidance-and-tools
Most businesses and property owners will need to comply with additional legislation including (but not limited to):
For further advice and guidance please:
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