Part 2:
What does the law say?
The first and most basic step towards compliance is understanding the legal requirements for your organisation:
UK
In the UK, the Health and Safety at Work Act 1974 “requires you to provide whatever information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of your employees”.
This is expanded by the Management of Health and Safety at Work Regulations 1999, which “identify situations where health and safety training is particularly important, eg when people start work, on exposure to new or increased risks and where existing skills may have become rusty or need updating”.
Ireland
In Ireland under the Safety, Health and Welfare at Work Act 2005, employers' duties include: “Providing information, instruction, training and supervision regarding safety and health to employees”.`
European Union
On an EU level, Council Directive 89/391/EEC — Measures to improve the safety and health of workers at work requires that employers: “ensure each employee receives adequate health and safety training relevant to their job”.
In all of the above cases, the ‘training’ mentioned isn’t prescriptive – there’s no break down of exactly what training employers must provide. The most important step in deciding the specific training or competencies that a role needs begins with your risk assessment.
There are specific legal requirements for the likes of forklift driving, working at height, asbestos management and fire safety. And you must be able to prove that your employees have these competencies.
What are your obligations to contractors or the self-employed?
In the UK according to the Health and Safety Executive (HSE), contractors or the self-employed “may be treated as your employee for health and safety purposes.”
In Ireland in accordance with the Safety, Health and Welfare at Work Act, employers must ensure that: “employees of another employer (for example, maintenance contractors at a manufacturing plant or specialised sub-contractors at a construction site) carrying out work at their place of work must receive appropriate instruction in any risks associated with that place of work.”