Safety Statement and Risk Assessment
Section 19 of the Safety, Health and Welfare at Work Act 2005 requires that employers and those who control workplaces to any extent must identify the hazards in the workplaces under their control and assess the risks to safety and health at work presented by these hazards. Employers must examine and write down these workplace risks and what to do about them. Ultimately, assessing risk means that anything in the workplace that could cause harm to your employees, other employees and other people (including customers, visitors and members of the public) must be carefully examined. This allows you to estimate the magnitude of risk and decide whether the risk is acceptable or whether more precautions need to be taken to prevent harm.
Employers are required to implement any improvements considered necessary by the risk assessment. The aim is to ensure that no one gets hurt or becomes ill. However, it is important to remember that, in identifying hazards and assessing risks, employers should only consider those which are generated by work activities. There is no need to consider every minor hazard or risk that we accept as part of our lives. The results of any Risk Assessments should be written into the Safety Statement.
Section 20 of the Safety, Health and Welfare at Work Act 2005 requires that an organisation produce a written programme to safeguard:
The Safety Statement represents a commitment to their safety and health. It should state how the employer will ensure their safety and health and state the resources necessary to maintain and review safety and health laws and standards. The Safety Statement should influence all work activities, including
It is essential to write down the Safety Statement and put in place the arrangements needed to implement and monitor it. The Safety Statement must be made available to staff, and anyone else, showing that hazards have been identified and the risks assessed and eliminated or controlled.
A hazard, in general, refers to anything with the potential to cause harm in terms of human injury or ill-health, damage to property, damage to the environment or a combination of these, e.g. chemical substances, machinery or methods of work, whereas risk means the likelihood, great or small, that an undesired event will occur due to the realisation of a hazard. Risk is dependent on the likelihood that a hazard may occur, together with the severity of the harm suffered/consequences. Risk is also dependent on the number of people who might be exposed to the hazard.
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The main aim is to make sure that no one gets hurt or becomes ill. Accidents and ill health can ruin lives, and can also affect business if output is lost, machinery is damaged, insurance costs increase, or if you have to go to court. Therefore, carrying out Risk Assessments, preparing and implementing a Safety Statement and keeping both up to date will not in themselves prevent accidents and ill health but they will play a crucial part in reducing their likelihood.
Employers, managers and supervisors should all ensure that workplace practices reflect the Risk Assessments and Safety Statement. Behaviour, the way in which everyone works, must reflect the safe working practices laid down in these documents. Supervisory checks and audits should be carried out to determine how well the aims set down are being achieved. Corrective action should be taken when required. Additionally, if a workplace is provided for use by others, the Safety Statement must also set out the safe work practices that are relevant to them.
Hence, it is important to carry out a Risk Assessment and prepare a Safety Statement for:
1. Financial reasons:
There is considerable evidence, borne out by companies’ practical experiences,
that effective safety and health management in the workplace contributes to
business success. Accidents and ill-health inflict significant costs, often
hidden and underestimated.
2. Legal reasons:
Carrying out a Risk Assessment, preparing a Safety Statement and implementing
what you have written down are not only central to any safety and health
management system, they are required by law. Health and Safety Authority
inspectors visiting workplaces will want to know how employers are managing
safety and health. If they investigate an accident, they will scrutinise the
Risk Assessment and Safety Statement, and the procedures and work practices in
use. It should be ensured that these stand up to examination. If the inspector
finds that one of these is inadequate, he or she can ask the employer to revise
it. Employers can be prosecuted if they do not have a Safety Statement.
3. Moral and ethical reasons:
The process of carrying out a Risk Assessment, preparing a Safety Statement and
implementing what you have written down will help employers prevent injuries
and ill-health at work. Employers are ethically bound to do all they can
to ensure that their employees do not suffer illness, a serious accident or
death.
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Every employer is required to manage safety and health at work so as to prevent accidents and ill-health. The Safety, Health and Welfare at Work Act 2005 requires employers to:
This process has a practical purpose. It will help employers and other duty holders to manage employees’ safety and health, and get the balance right between the size of any safety and health problems and what has to be done about them. This is because the system must be risk-based. The required safety measures must be proportionate to the real risks involved and must be adequate to eliminate, control or minimise the risk of injury. The system must involve consultation between the employer and his/her employees, who are required by law to cooperate with the employer in the safety-management process.
The areas that should be covered by the Safety Statement are specific and are set out in Section 20 of the Safety, Health and Welfare at Work Act 2005. The Statement should be based on the identification of the hazards and the Risk Assessments carried out under Section 19. It must:
The Safety Statement can refer to specific procedures contained in other documents. These documents might include:
These may contain lists of the hazards and precautions relevant to your organisation. The BeSMART tool may be used for preparing your Safety Statement, if your business is covered by its templates. It is up to the employer whether to combine all the documents or keep them separately. However, the employer must still ensure that employees are made aware of the risks in their work and the precautions which are necessary.
The employer must ensure that the contents of the Safety Statement, which includes the Risk Assessments, is brought to the attention of all employees and others at the workplace who may be exposed to any risks covered by the Safety Statement. In particular, all new employees must be made aware of the Safety Statement when they start work. The Statement must be in a form and language that they all understand.
Other people may be exposed to a specific risk dealt with in the Safety Statement and the Statement should be brought to their attention. These people could include:
Where specific tasks are carried out, which pose a serious risk to safety and health, the relevant contents of the Safety Statement must be brought to the attention of those affected, setting out the hazards identified, the Risk Assessments and the safety and health measures that must be taken.
The relevant contents of the Safety Statement should be brought to the attention of the employees and others affected at least annually, and whenever it is revised. The employer has an ongoing responsibility to ensure that all relevant persons are aware of the Safety Statement and understand its terms. A campaign to discharge this responsibility could include a combination of written and verbal communication, including:
If an employer who employs 3 or fewer employees is engaged in an activity for which there is a Code of Practice for that type of activity, they can fulfil their duty in relation to safety statements by complying with such code of practice. This only applies where specific code(s) of practice are issued by the Health and Safety Authority.
Codes of Practice have been prepared for several sectors including Construction, Agriculture and Quarries.
The 2005 Act specifies the information that must be given to employees. The Safety Statement must be accessible to all employees and the sections of the Safety Statement relevant to the employees must be brought to their attention, with particular regard to the specific hazards, risks and prevention measures concerning their particular job. The Safety Statement must be brought to the attention of all employees at least annually.
According to the Safety, Health and Welfare at Work Act 2005, a person is deemed to be a competent person where, having regard to the task he or she is required to perform and taking account of the size or hazards (or both of them) of the undertaking or establishment in which he or she undertakes work, the person possesses sufficient training, experience and knowledge appropriate to the nature of the work to be undertaken.
The employer has ultimate responsibility for safety and health. In most firms in the office, retail, commercial, service and light industrial sector, the hazards and hazardous work activities are few and simple. Checking them is common sense, but necessary. In small firms, employers understand their work and can identify hazards and assess risks themselves. The BeSMART on line Risk Assessment and Safety Statement Tool can be easily filled out by an employer if it covers your work sector, but it is important that the templates are filled out correctly.
There are many information sources such as Authority produced Codes of Practices, and guidelines available to support employers when compiling Safety Statements See the Publications section of this website. Consultation should always take place with the employees, including safety representatives, as they are the ones doing the work and dealing with the hazards on a daily basis.
No. Under Section 20 of the Act every employer is required to prepare a Safety Statement for his/her own place of work based on the identification of the hazards and the Risk Assessment carried out under Section 19 of the 2005 Act. This Safety Statement specifies the manner in which the safety, health and welfare at work of his or her employees shall be secured and managed. This Safety Statement is specific and unique to each place of work. An employer using a generic Safety Statement would not be compliant with Sections 19 and 20 of the 2005 Act. The templates used for the BeSMART on line Risk Assessment and Safety Statement Tool prepared by the Authority are also acceptable, if your work sector is covered and the templates are filled out correctly. Employers can also use the other templates detailed in the sector specific Publications produced by the Authority.
The Safety Statement is required by law under Section 20 of the Safety, Health and Welfare at Work Act 2005. It is the employer's responsibility to ensure it is fit for the organisation under his/her control. An Authority inspector may review a Safety Statement during an inspection of a workplace. If he/she finds that it is inadequate, he/she can direct an employer to revise it within 30 days.
A comprehensive Safety Statement, if properly implemented, is a practical tool for reducing accidents and ill health at work. For small to medium-sized businesses, the preparation of a Safety Statement should be simple and straightforward. The BeSMARTTool may be used for this process if the work activity is covered by the business types developed for the tool. In developing a safety and health management programme for an organisation, there are 6 important steps to be followed in preparing a Safety Statement.
The Safety Statement should begin with a declaration, signed at senior, responsible management level on the employer’s behalf. The declaration should give a commitment to ensuring that a workplace is as safe and healthy as reasonably practicable and that all relevant statutory requirements will be complied with. This declaration should spell out the policy in relation to overall safety and health performance, provide a framework for managing safety and health, and list relevant objectives.
Because the Safety Statement must be relevant at all times to the safety and health of employees and others in the workplace, the policy declaration should indicate that the Safety Statement will be revised as changes occur and evaluated at set intervals. It should also indicate how the relevant contents of the Statement are to be brought to the attention of employees and any other people in the workplace who might be affected by the Statement.
The first step in safeguarding safety and health is to identify hazards from materials, equipment, chemicals and work activities. The employer is required to systematically examine the workplace and work activities to identify workplace-generated hazards.
If an employer controls more than one work location, different types of work activity or changing work locations (as in road repairs or building work), it may be necessary to prepare a Safety Statement that has separate sections dealing with the different locations or activities. Employers will be familiar with the hazards associated with the type of work they are involved in. But to identify the main hazards and put risks in their true perspective, employers can also check:
Some hazards are obvious, such as unguarded moving parts of machinery, dangerous fumes, electricity, working at heights, or moving heavy loads. Less obvious, but at the root of many accidents, are hazards presented by untidy workplaces and poor maintenance. In the case of some hazards, such as excessive noise, it may take months or even years before damage materialises.
In most small firms in the office, retail, commercial, service and light industrial sector, the hazards and hazardous work activities are few and simple. Checking them is common sense, but necessary. The BeSMART Tool can be used for many sectors when preparing a Safety Statement for a small firm. For larger firms, a responsible experienced employee or a competent safety and health adviser should be used. This person must be familiar with the hazards which are relevant to the workplace under review.
A checklist of hazards can be found in the Guidelines on Risk Assessments and Safety Statements. This checklist provides a systematic, though not exhaustive, approach to identifying hazards in the workplace. This checklist covers physical hazards, health hazards, chemical hazards, biological agents hazards and human-factor hazards.
Section 19 of the Safety, Health and Welfare at Work Act 2005 places a duty on all employers to carry out a Risk Assessment. A template which can be used for carrying out a Risk Assessment is available in the Guidelines on Risk Assessments and Safety Statements. Employers do not have to use this format in order to comply with section 19. They can also use the templates generated in the BeSMART Tool, or those detailed in the sector specific Publications produced by the Authority.
Employers may already have in place some safety measures. The Risk Assessment will tell whether these are adequate. Employers must ensure they have done all that the law requires. All safety and health laws provide guidance on how to assess the risks and establish appropriate safeguards. For example, there are legal requirements on preventing access to dangerous parts of machinery. Then, it must also be ensured that generally accepted industry standards are in place. However, do not necessarily stop at that, because the law also says that you must do what is reasonably practicable to keep the workplace safe. The real aim is to make all risks small by adding to existing precautions if necessary.
The Safety Statement is the place to record the significant findings of the Risk Assessments. This means writing down the more significant hazards and recording the most important conclusions. The BeSMART templates can also be used here. Employers should inform employees about their findings. The employer should also state in the Safety Statement where other relevant documentation is retained.
The Safety Statement needs to be relevant at all times. Implementing the Safety Statement should be an integral part of everyday operations. A copy of the Statement or relevant extracts of it must be kept available for inspection at or near every workplace to which it relates. Hence, it may be necessary to revise it whenever there are changes, or when Risk Assessments are carried out and improvements made that have an impact on safety and health. Such changes may include changes in work processes, organisational structure, equipment or substances used, technical knowledge, and legislation or standards. Changes in the workforce may also have an impact, e.g. altering the number of workers on a particular process, replacing more experienced workers with trainees or as a result of experience gained through training. However, it is not necessary to amend the Safety Statement for every trivial change, or for each new job, but if a new job introduces significant new hazards, you need to assess the Risks Assessments and implement the necessary prevention measures.
Planning is the key to ensuring that the safety and health efforts really work. It involves setting objectives, assessing the risks, implementing standards of performance and developing a safety culture. The employer should record the safety and health plans in the Safety Statement. Such planning should provide for:
For information relating to safety representatives and consultation, see FAQs on Safety Representatives and Safety Consultation
Those required to prepare a Risk Assessment and Safety Statement are:
It is the employer’s duty, under section 19 of the 2005 Act, to carry out the Risk Assessment so you should try to do it yourself, while involving managers and employees as much as possible. Where the in-house expertise is not available, employ the services of an external competent person to help. Check that they are familiar with your work activities, have worked with this sector before and have the ability to assess specific work activities. Involve as many employees as possible in order to encourage them to share ownership of the finished Assessments. The BeSMART Tool can be used for many sectors when carrying out Risk Assessments for small firms. Many of the Authority prepared Codes of Practice, Guidance and Information Sheets contain Risk Assessment templates for specific sectors and can also be used for this purpose. See also the Publications section of this website for further details.
Employers are required to do all that is reasonably practicable to minimise the risk of injury or damage to the safety and health of their employees. Employers will have done all that is reasonably practicable if they have:
Some common methods of controlling risk are:
The Safety Statement must specify the arrangements to be used for consultation with and participation by employees on safety and health matters. These would include the procedures to facilitate effective co-operation and communication on safety and health matters between the employer and employees. Consultation and participation arrangements and the extent of their usage will depend on the size and complexity of the organisation. This may range from informal one to one discussions to a more formal safety committee. Consultation areas include:
For more information relating to safety representation and safety consultation, see the FAQs on Safety Representation and Safety Consultation.
The two key components of measuring safety and health performance are:
In reviewing the Safety Statement, employers should consider at least the following:
As part of the review, employers will find it helpful to refer to any records which have been kept, such as accident/incident reports, health-surveillance results, training records, inspection and audit reports, maintenance logs, or atmospheric monitoring figures. Employers must also consult safety representatives and others who may be affected by the review.
Implementing the Safety Statement should be an integral part of everyday operations and so it must be relevant at all times. Therefore, it should be revised periodically, at least annually, and whenever significant changes take place, or when Risk Assessments are carried out and improvements are made that have an impact on safety and health. Such changes may include changes in the way work is being carried out, the introduction of new work activities, changes in the organisational structure due to redundancies and to available man power etc.
Employers should bring any changes made to the attention of the safety representatives, employees and any other persons who may be affected by the new measures set out in the Safety Statement. They must be informed about the new findings and of any changes in the required safety and health precautions. Make sure all modifications or improvements required by the new Risk Assessments and Safety Statement review are implemented as soon as possible.
A Risk Assessment must always be prepared for that place of work. However, if 3 or fewer people are employed and a Code of Practice relating to Safety Statements, prepared by the Authority, exists for a sector or work activity, then compliance with that code is sufficient. See section 20(8) of the 2005 Act. Codes of Practice have been prepared for several sectors including Construction, Agriculture and Fishing. Please see the Publications section of this website for details.
A Safety Statement is your specific programme, in writing, for safeguarding the health and safety of your employees. The Authority does not supply Safety Statements. The guidelines and tools prepared by the Authority on preparing Safety Statements and carrying out Risk Assessments can be used for this purpose. These guidelines are designed to help employers or the self-employed to manage safety and health in the workplace. Please see the Codes of Practice part of the Publications section of this website for details.
Different workplace settings will identify differing hazards, dependent on the work activities being carried out. Therefore, assorted control measures shall be considered for the various risks in such workplaces, e.g.:
Risk of a slip, trip or fall, e.g. all workplaces:
Slips, trips and falls are the second most common type of accident in most places of work. The risk depends on:
The extent of injury may vary from relatively minor to severe, depending on a variety of factors including the nature of the fall, whether at the level or from a height.
Vehicles in the workplace are a risk to other employees on foot. The risk is a combination of the chance that someone will be struck, together with the likely severity of the injury. This will depend on:
Paints containing isocyanates are a hazard to health. The Safety Data Sheet (SDS) and the label on the paint container give this information. Breathing in isocyanate fumes can cause asthma. The risk is a combination of the chance that someone’s lungs will be damaged together with the extent of the likely damage. This will depend on:
The extent of the likely damage is severe. An employee could develop asthma, which might make him or her unemployable in that industry. The Authority has produced extensive Guidance on preventing exposure to all sorts of chemicals (including an Information Sheet on Isocyanate use). Please see also the Chemicals and Hazardous Substances part of the Publications section of this website for details.
A permit-to-work system is a written system of the procedures which must be taken to safeguard workers doing work such as repair, maintenance or cleaning work in potentially dangerous areas or with dangerous operations. It involves mechanical, electrical or process isolation procedures or monitoring the atmosphere for the presence of dangerous fumes. It sets out in a systematic way the work is to be done, the hazards involved and the precautions to be taken.
Situations where this is necessary include when machinery could be restarted with the worker still inside it, or working in confined spaces where there is a danger of chemical or physical contamination.
The employer should write down in the Safety Statement what work activities require a permit-to-work system. Please see the Working in Confined Spaces part of our website. Employers may also need to consider other sector specific Guidance from the Authority as detailed in our Publications area
The Safety Statement should contain an organisation chart showing the safety and health management structure and the names and responsibilities of key personnel. As a minimum, it must include the name of the person at senior management or director level with delegated responsibility for safety and health in the company. It must also be ensured that the board of Directors or other management body in charge know they have safety and health responsibilities as well.
Responsibilities should be clearly identified:
Section 18 of the Safety, Health and Welfare at Work Act 2005 states that, where a competent employee (in matters relating to health and safety), is available to an employer, that person should be utilised to address issues relating to safety, health and welfare. If the employer does not have access to a competent person “in-house”, s/he should obtain the services of someone from outside the organisation to assess and advise on the safety, health and welfare requirements.
Prior to engaging the services of a consultant, the employer should make reasonable enquiries that the person or company being employed has an adequate level of competence to address the work activities under consideration. This might involve checking the consultant’s qualifications and experience, to be assured that s/he has the requisite competence to address the issues of health and safety within the workplace. Generally a person specialising in safety consultancy will have, in addition to relevant experience, a certificate, diploma, degree or other qualification in the field of occupational health and safety. They might also be a member of a professional body specialising in occupational health and safety, such as the Institute of Occupational Safety and Health (IOSH), the Chartered Society for Worker Health Protection (BOHS) and/or other professional institutes.
Depending on the work activities and the workplace under consideration, the consultant might need to have additional qualifications and experience in the type of activity being assessed. S/he might also need to have access to specialist information and expertise to be in a position to be adequately informed before assessing the nature and extent of the hazards within a workplace and the appropriate control measures and systems to put in place to adequately address those hazards on an ongoing and systematic basis.