Health and safety legislation

There are many items of Health and Safety legislation relevant to the beauty and holistic therapist either as an employer or an employee. It is the duty of the employer  to provide a healthy and safe environment for their employees to work in and it is the duty of all employees to co-operate in maintaining a healthy and safe working environment.

Legislation -  a law or group of laws made by the government.

The Health and Safety at Work etc. Act 1974 

This Act of Parliament forms the basis of all health and safety regulations in the UK. It imposes obligations on the employer to ensure, so far as is reasonably practicable, the health, safety and welfare of all employees and it imposes duties on the employees to co-operate with the employer in maintaining health and safety in the workplace. This will be achieved by the employer who will:

• Provide and maintain safe systems of work.
• Provide and maintain safe equipment
• Provide the necessary information, supervision and training in health and safety.
• Provide and maintain adequate welfare facilities.
• Provide and maintain a safe working environment, access to and exit from the workplace
• Ensure safety in, transporting,  storing, handling, using and disposing of hazardous substances and equipment.

The employee will:

• Take reasonable care of themselves and those for whom they are responsible.
• Co-operate with the employer in matters of health and safety to ensure compliance with laws and regulations
• Not intentionally misuse equipment provided in the interest of health and safety

The Workplace (Health Safety and Welfare) Regulations

These regulations ensure that all places of work meet the health, safety and welfare needs of the employees, including people with disabilities. This includes the premises, the fixtures and fittings, sanitary and changing facilities, eating and rest areas, equipment, devices and systems of work, ventilation, heating, lighting, the environment,

Workplace - may include salons, offices, shops, schools, hospitals and factories, they also include common parts of a shared building or outside for certain types of job.

Work  - includes work as an employee or as a self employed person.

Premises - Any building or outdoor place

 Environment - this describes the physical surroundings of the work place and the atmosphere created.

In a salon this would include not only the treatment rooms, but also the reception area, spa area, rest room and all other communal areas, including outside the building.

Manual Handling Operations Regulations 1992

These regulations have been introduced to prevent injuries such as strains, sprains, back injuries or cumulative damage, which causes incapacity. They require certain measures to be taken to reduce the risk of injury when transporting or supporting a load during the course of work.

Employers must avoid hazardous manual handling operations, assess any tasks that cannot be avoided and reduce the risk of injury as far as is reasonably practical.

The employee must make full and proper use of safe systems of work introduced by the employer to reduce the risk of injury from manual handling, use equipment provided such as trolleys for moving loads, ensure their own actions do not put others at risk.

Risk of injury may be avoided ifyou:

• Avoid moving loads e.g a large box of stock may be emptied in the place ait was delivered rather than moving it elsewhere.
• Use a trolley to transport heavy goods
• Split a large load into smaller loads for carrying
• Make sure their are no obstacles in the way when moving a load
• Use the correct lifting techniques to avoid injury

The Provision and Use of Work Equipment Regulations 1992

These regulations require that all equipment used whether new or second hand must conform to EU safety standards, be suitable for its intended use, properly maintained, in good working order and only used by fully trained staff.

Personal Protective Equipment at Work Regulations 1992

This act requires the employer to provide suitable personal protective equipment for all employees if they are likely to be exposed to a risk to their health or safety in the course of their work.  The employer must first assess the need for PPE and supply it free of charge when it is a necessary requirement of the job. All staff must be trained in the use of PPE and it must be maintained in good working order and fit for the nature of the job.   

Control Of Substances Hazardous to Health Regulations 2003

 These regulations require the employer to assess the risks associated with the use of hazardous substances in the workplace and to put into place safe systems in relation to storage, transporting, handling, using and disposing of these substances.

To help you remember your responsibilities in relation to this law think ' THUDS'

Transport

Handle

Use

Dispose of 

Store hazardous substances safely.

Hazardous substances are classified as ; corrosive, explosive, harmful, highly flammable, irritant, oxidising and toxic and should be labelled accordingly. The labels are bright orange and black so they are clearly seen.  The systems put into place must be regularly monitored and all members of staff must be trained in the use of hazardous substances. 

The Electricity at Work Regulations 1992

These regulations govern electrical safety in the workplace and the employer must ensure that all electrical equipment and electrical systems are suitable for the work involved and safe to use. Care must be taken to buy, install and maintain equipment taking into account manufacturers instructions and recommendations.

Regular tests must be carried out at least once a year on all electrical appliances and by a qualified electrician. A written record of all tests must be kept with the date and name of the electrician who carried out the tests.  Each employee must co-operate with the employer in complying with these regulations and is responsible for the day to day care of electrical equipment. 

The therapist must make sure that:

• - all electrical equipment is stored correctly
•    when not in use
• - all the wires and plugs should be checked to
•    ensure there are  no breaks or damage
• - all equipment is used according to the manufacturers'
•   instructions
• - all equipment is cleaned after use

The Reporting of Injuries Disease and Dangerous Occurences Regulations 1995

The purpose of these regulations is to ensure that all information regarding incidents or injury, arising from a work activity is given to the enforcing authority by the person responsible within the organisation. The enforcing authority being the Health and Safety Executive or the Local Authority. Any accident which results in more than three days absence from work must be reported within 10 days of the accident occurring. Dangerous occurrences must be reported even if they don't result in injury. Work related disease must be reported once a written diagnosis has been received in the form of a medical certificate. 

The therapist must make sure:

• that accidents are reported and recorded in the accordance with the salon policy
• salon hygiene is maintained at a high level to prevent cross infection
• clients are checked for contraindications before treatment

Cosmetic Products Safety Regulations 1996 amended 2004

These regulations protect the consumer by ensuring that all ingredients are listed on the product or accompanying leaflet thus allowing the client to establish if the product contains an ingredient to which they may be allergic. All cosmetics must be marked with the following:

•  A list of ingredients
•  The name and address of the manufacturer
• The date of minimum durability
• Warning statements and precautionary information
• Batch number
• Product function, when appropriate

The Environmental Protection Act 1990

According to this Act any person disposing of waste has a duty to dispose of it safely so that it does not cause harm to an individual or the environment. Any sharp objects such as broken glass or used needles must be dispose of safely in a Sharps box. Contaminated waste should be disposed of in accordance with the rules laid down by the local authority. Clinical waste must be kept apart from general waste and must be disposed off by a licensed company. 

The Fire Precautions(Workplace)Regulations 1997

These regulations require you to assess the risk of fire in the workplace if there are more than five people employed. Records of risk assessment and methods of dealing with them must be kept. All staff must be informed of the results and procedures put in place that must be followed in the event of fire. Smoke detection and fire fighting equipment must be supplied and maintained in good working order.

The Health and Safety (First Aid) Regulations 1981

These regulations stipulate the minimum requirements for the provision of first aid in the workplace to include, personnel, facilities and equipment. The requirements vary depending on the number of staff employed and the type of work carried out. The minimum provision required is a suitably stocked first aid box and an appointed person to take charge of first aid arrangements.

The Health and Safety (Display Screen Equipment) Regulations 1992

 These regulations help to minimise the risk of occupational ill health caused by the use of display screen equipment when it forms a large part of a job.

The employer's duties are to assess equipment and the work station for any risk of injury or strain that may be caused. They must also:

• Plan breaks or changes in activity
• Provide training in the use of equipment
• Provide any special spectacles needed
• Provide a properly designed desk and chair

The Management of Health and Safety at Work Regulations 1992

These regulations require the business owner to maintain and improve the safe working environment and conditions of the workplace by assessing risks, implementing, monitoring and reviewing preventative measures and completing all health and safety records.