A guide to understanding regulations
If you own or manage a food business, you may not be aware that you are responsible for the health and safety of your staff and other people who visit your premises, for any reason. To help you manage your health and safety responsibilities, we have produced this guide. It includes links to the Health and Safety Executive (HSE) website where you can access more guidance that is easy to follow.
Health and Safety at Work etc. Act 1974
Keep people safe
You must take all reasonable and practical precautions to keep your employees, customers, contractors and anyone else visiting your premises safe.
Prepare a health and safety policy
You will also need to prepare a Health and Safety policy, and if you employ five or more employees, this will need to be documented. Information on preparing a health and safety policy can be found here: https://www.hse.gov.uk/simple-health-safety/policy/index.htm
Keep yourself and other people safe
You must keep yourselves and other people safe. You must also co-operate with your employer and not misuse or interfere with safety equipment. The HSE in collaboration with the Trades Union Congress (TUC) have produced a short informative guide for workers which can be downloaded here: https://www.hse.gov.uk/pubns/indg450.htm
Management of Health and Safety at Work Regulations 1999
Assess the risks involved in your business
You must carry out an assessment of any risks or potential risks in your business. Where five or more people are involved in the business (including employees), the risk assessments must be documented. For more information about risk assessment, visit https://www.hse.gov.uk/simple-health-safety/risk/index.htm
Where someone is exposed to a risk that could have been controlled but has not been, an offence has been committed, even if the person exposed to risk does not suffer an injury.
Provide training and supervision
You must ensure your employees, contractors and visitors receive adequate safety training and information which should be repeated at appropriate intervals.
Employees must also be provided with an adequate and appropriate level of supervision. For more advice on training and supervision, visit https://www.hse.gov.uk/simple-health-safety/training/index.htm
Take care of vulnerable people
Workers from outside Britain are considered to be vulnerable; they can encounter unfamiliar risks, sometimes due to a different working environment or working culture to what they experienced in their home country. All workers, including migrant workers, are protected under health and safety law, whether they are legally entitled to work in Great Britain or not. If you employ migrant workers, you can find more information here: https://www.hse.gov.uk/migrantworkers/employer/index.htm
Take care of those who are pregnant, have a disability, illness, etc
Other groups considered to be vulnerable includes those with a disability, illness, certain medical conditions or pregnant workers and new mothers.
Specific guidance for protecting pregnant workers and new mothers can be found here: https://www.hse.gov.uk/mothers/
Specific guidance for protecting disabled people and those with health conditions, including mental health conditions, can be found here: https://www.hse.gov.uk/disability/index.htm
Take care of young people
Young people under the age of 18 years, are considered to be vulnerable employees and must have their own specific risk assessment that is personalised to their needs. https://www.hse.gov.uk/young-workers/employer/index.htm
Health and Safety (Young Persons) Regulations 1997
Employing young people
In general, a young person under school leaving age (16 years) can get a part-time job from the age of 13 years. However, they can only be employed in what is considered 'light work' and the hours are tightly controlled. This means that they cannot do any job that may affect their health and safety or interfere with their education. In the catering industry, a child cannot be employed to work in a commercial kitchen, such as a kitchen in a hotel, café, restaurant or similar business.
For more information about employing a young person and how to obtain a child work permit, visit https://www.westsussex.gov.uk/education-children-and-families/keeping-children-safe/employing-children/child-work-permit/#overview
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR)
Investigate and report accidents and incidents
It is important that any workplace accidents or incidents and occupational diseases are recorded and fully investigated to enable measures to be taken to prevent a recurrence. Certain incidents which are work related, must be reported to HSE, for example, if an employee is seriously injured at work or a member of the public is taken to hospital and receives treatment for their injury because of an incident at your premises. More information on reporting incidents can be found on the HSE website: https://hse.gov.uk/riddor/
Report accidents to your employer
If you have suffered a work-related injury or have been diagnosed as suffering from a work-related reportable occupational disease, you should inform your employer.
Health and Safety Information for Employees Regulations 1989
Display a Health and Safety Law poster
You must display a Health and Safety Law Poster where your employees can see it. These can be purchased online or via HSE: https://www.hse.gov.uk/pubns/books/lawposter.htm
Employers' Liability (Compulsory Insurance) Act 1969
Have adequate insurance
You must have adequate insurance for your employees. A copy of your Employers Liability Insurance Certificate should be displayed in a prominent place where your staff can see it. More information can be found here: https://www.hse.gov.uk/simple-health-safety/insurance/index.htm
Control of Asbestos Regulations 2012
Manage the risk of asbestos
As the greatest cause of work-related deaths annually in Britain, it is very important that you manage the risk of asbestos so that anyone using your premises or carrying out work which could disturb asbestos is kept safe. An introduction to asbestos safety can be found here: https://www.hse.gov.uk/asbestos/introduction/index.htm
Prevent danger from electricity
These Regulations apply to all aspects of the use of electricity within the workplace. In summary, electrical systems must be constructed in a way that prevents danger as should any work carried out on the electrical system. Electrical systems must be maintained as necessary to prevent danger. This requirement includes business premises having a five-year fixed installation inspection, known as an Electrical Installation Condition Report (EICR).
You must ensure that any work carried out on electrical systems is undertaken by a suitably competent and qualified electrician. For more information see: https://www.hse.gov.uk/electricity/maintenance/safety.htm
Portable or moveable electrical equipment must also be maintained in order to prevent danger. https://www.hse.gov.uk/pubns/indg236.htm
Electrical safety advice for businesses with outdoor hospitality areas can also be found on the Arun District Council website. Visit https://www.arun.gov.uk/outdoor-electrical-safety-hospitality-settings
The Gas Safety (Installation and Use) Regulations 1998
Prevent danger from gas
These Regulations cover the safe installation, maintenance and use of gas systems, including gas fittings, appliances and flues in all commercial premises, and those which are operated out of a vehicle or trailer with gas appliances attached to LPG (bottled gas). You will need a gas safety certificate issued within the last year by a gas engineer who is appropriately licensed to work on commercial premises, and where relevant, mobile premises and equipment using LPG. Please note: ALL gas businesses and their engineers must be on the Gas Safe Register to carry out gas work legally. You can check the official list of gas safe registered businesses and engineers here: https://www.gassaferegister.co.uk
Control of Substances Hazardous to Health (COSHH) Regulations 2002 (as amended)
Safe use and handling of chemicals including cleaning products
COSHH requires you to adequately control exposure to materials in the workplace that cause ill health. For example, when catering you may have your hands wet for a long time, or having them frequently wet during the day can irritate skin, leading to dermatitis. Some foods and ingredients in cleaning products can cause skin allergies and asthma. Where a lot of baking takes place, flour and other dusts such as protein-containing ingredients (including egg and soya) and improver dusts, which contain enzymes can be hazardous to health. Preventing or reducing exposure can be as simple as using good work techniques to minimise contact with harmful substances, storing cleaning products safely and keeping the workplace well ventilated. For more information see: https://www.hse.gov.uk/coshh/
Manual Handling Operations Regulations 1992
Ensure lifting and moving activities are safe
You must protect your staff from the risk of injury from hazardous manual handling in the workplace. The term manual handling covers a wide variety of activities including lifting, lowering, pushing, pulling and carrying. If any of these tasks are not carried out appropriately there is a risk of injury. Manual handling causes over a third of all UK workplace injuries. These include work-related musculoskeletal disorders (MSDs) such as pain, and injuries to arms, legs and joints, and repetitive strain injuries of various sorts. For more information, see: https://www.hse.gov.uk/msd/manual-handling/index.htm
Health and Safety (First-Aid) Regulations 1981
Provide adequate first aid arrangements
As a minimum, a low-risk workplace such as a small office should have a first-aid box and a person appointed to take charge of first-aid arrangements, such as calling the emergency services if necessary. You must provide information about first-aid arrangements to your employees. Workplaces where there are more significant health and safety risks such as kitchens where there is equipment with sharp blades, hot surfaces and liquids (for example deep fat fryers) are more likely
to need a trained first aider. A first aid needs assessment will help you decide what first aid arrangements are appropriate for your workplace. For more information, see: https://www.hse.gov.uk/firstaid/
Provision and Use of Work Equipment Regulations 1998 (PUWER)
Provide equipment that is safe
If you use work equipment or provide work equipment for others to use (eg for hire) you must manage the risks from that equipment.
Equipment must be constructed or adapted to be suitable for the purpose it is used or provided for, and maintained in good working order and good repair. It must only be used by people who have received adequate information, instruction and training. Where necessary, equipment should have suitable health and safety measures such as devices and controls which protect the user from harm, including guards and emergency stop devices.
As an example, many catering businesses have a meat slicer. This should only be used by someone who has received adequate information, instruction and training and in most cases a fixed guard should be in place to protect the user from the moving blade. The guard should be in good condition. For more information see: https://www.hse.gov.uk/work-equipment-machinery/puwer.htm
Personal Protective Equipment (PPE) at Work (Amendment) Regulations 2022
Provide protective equipment and clothing
You have a duty to provide, where necessary, PPE for your employees. PPE in catering could include long sleeved chef jackets to protect arms from splashes from hot liquids, non-slip footwear, and gloves, aprons and eye protection when using chemicals to clean equipment. More information can be found here: https://www.hse.gov.uk/ppe/index.htm
Safe practices using deep fat fryers
Deep fat fryers should be regularly serviced and maintained. Kitchen ductwork should be regularly cleaned under TR19 standards, the recognised industry standard for cleaning commercial kitchen ductwork. Equipment should be visually checked before use. If any faults are found, these should be reported to management at once. Do not use faulty equipment.
Equipment should be cleaned regularly. When cleaning the unit, staff should wear correct personal protective equipment, including safety footwear, apron, suitable gloves and eye protection.
Before cleaning equipment, including the overhead canopies and removable filters, it must be fully switched off/ isolated and cool.
When changing the oil, this must be cool too. Remember, it can take up to seven hours for the unit and oil to cool sufficiently. Always follow the manufacturer's instructions when cleaning equipment or changing the oil.
Any spillages of oil should be cleaned up immediately; floors must be thoroughly clean and dry to avoid the risk of slips and falls.
Only staff trained in the use of deep fat fryers should use and clean this equipment. For more information see: https://www.hse.gov.uk/pubns/cais17.pdf
Knife safety
Cuts from knives are a common injury in catering establishments. Even a small cut from a knife can take a long time to heal. Cuts are easy to avoid by following these simple rules:
- always use the correct knife for the task
- always hold and carry a knife correctly
- never try to catch a knife which has been dropped
- never leave a knife or sharp object in a sink
- keep your knives sharp
- keep your knives safe when not in use
Remember - if you own or manage a food business you are responsible for the health and safety of your staff and other people who visit your premises.
For further help, please contact us: www.arun.gov.uk/health-safety-advice 01903 737755 health.safety@arun.gov.uk. More information can be found on the HSE website: https://hse.gov.uk