Health and safety laws are crucial for maintaining a safe and healthy environment in workplaces. The Health and Safety at Work (Jersey) Law 1989 is a foundational law that establishes the broad framework for health and safety duties within workplaces. It outlines responsibilities for employers, employees, the self-employed, and regulatory authorities.

Employer Responsibilities

Employers have a 'duty of care' to safeguard the health, safety, and welfare of their employees and others potentially affected by their operations, as far as 'reasonably practicable'. This includes conducting thorough risk assessments to identify and mitigate potential hazards in the workplace, providing safe workplaces, machinery, equipment, and systems, ensuring employees understand risks and have the necessary competence to work safely, and developing and communicating a clear health and safety policy.

Employee Responsibilities

Each employee has a responsibility to take reasonable care to protect their health and safety and those affected by their actions. Employees must also cooperate with their employer's efforts to fulfill health and safety obligations.

Specific Regulations

Numerous regulations expand upon the Health and Safety at Work Law, targeting particular risks and industries. Examples include the Management of Health and Safety at Work Regulations 1995, which details practical steps for risk management, appointment of competent persons, and workplace health surveillance, the Control of Substances Hazardous to Health (Jersey) Regulations 2002 (COSHH), which addresses controlling exposure to hazardous substances, and the Construction (General Provisions) (Jersey) Regulations 2016, which focuses on health and safety standards within the construction industry.

Approved Codes of Practice (ACoPs)

ACoPs offer detailed guidance and practical examples of good practices for fulfilling legal requirements. While not strictly mandatory, ACoPs provide valuable support in demonstrating compliance.

Enforcement

The Health and Safety Inspectorate has wide-ranging powers, including investigations, issuing improvement and prohibition notices, and prosecution for legal breaches.

Additional Notes

A law poster or summary must be displayed in a prominent location. Employers should maintain records of accidents, injuries, and risk assessments. Employers also have a duty to consult with employees on health and safety matters.

Occupational health and safety (OHS) regulations in Jersey aim to foster safe and healthy working environments. These regulations emphasize proactive risk management, hazard prevention, and employee wellbeing.

Risk Assessment and Risk Management

Risk assessments form the basis for managing OHS in Jersey. This process involves identifying all potential workplace hazards – physical, chemical, biological, ergonomic, and psychosocial. After identifying these hazards, the next step is to analyze the likelihood and severity of harm associated with them. Control measures are then implemented to reduce risks as far as reasonably practicable.

Occupational Health Hazards and Controls

Various regulations and guidelines exist to control occupational health hazards. These include exposure limits for noise, guidance on preventing vibration injuries, control measures for hazardous substances, and strategies to minimize risks associated with manual handling tasks. There are also guidelines for preventing work-related musculoskeletal disorders and managing psychosocial risks that contribute to stress and mental health issues.

Specific Industries

Jersey has regulations and Approved Codes of Practice (ACoPs) for high-risk sectors such as construction and asbestos management.

Employee Involvement and Consultation

The regulations empower employees to appoint representatives for OHS matters and mandate employer consultation with employees on health and safety.

Training and Competency

Employers are required to provide adequate information, instruction, training, and supervision to ensure employees have the necessary knowledge and skills to work safely. Certain high-risk occupations may require specific certifications and training programs.

Resources

The Health and Safety Inspectorate (HSI) is the primary enforcement body and offers various guidance documents and resources. The Jersey Safety Council, a non-profit organization, promotes workplace health and safety and provides training and support.

Workplace inspections are a critical aspect of maintaining health and safety standards in Jersey. They are conducted by the Health and Safety Inspectorate (HSI) to ensure compliance with relevant legislation. The inspections aim to verify compliance with health and safety standards, identify hazards, assess risks, examine control measures, investigate accidents or complaints, and promote awareness.

Authority of Health and Safety Inspectors

Health and Safety Inspectors have broad powers under Article 18 of the Health and Safety at Work (Jersey) Law 1989. They can enter workplaces at any reasonable time, unannounced. Their powers of investigation include examining work processes, equipment, substances, taking samples, conducting interviews, and demanding relevant documentation.

Types of Inspections

Inspections can be proactive or reactive. Proactive inspections are planned visits generally focused on high-risk industries or workplaces with a history of poor health and safety performance. Reactive inspections are in response to accidents, near misses, or complaints raised by employees or others.

Inspection Criteria

During inspections, HSI officers assess a wide range of health and safety aspects. These include compliance with risk assessments, workplace conditions, management systems, and specific hazards depending on the nature of the workplace.

Inspection Frequency

The frequency of inspections is not fixed. It is determined by the risk profile, previous inspection history, and emerging concerns. High-risk industries may be subject to more frequent inspections.

Follow-up Actions

Follow-up actions can range from verbal advice for minor contraventions to prosecution for significant or repeated breaches. Inspectors may issue an Improvement Notice for more serious breaches, specifying required corrective measures within a deadline. A Prohibition Notice can be used to immediately stop dangerous activities until underlying issues are rectified.

Employee Participation

Employees and their representatives have the right to accompany inspectors or raise concerns directly with the HSI.

Workplace accidents are unfortunate events that can occur in any industry or occupation. When these incidents happen, it's crucial to have protocols in place to deal with them effectively. In Jersey, these protocols include reporting requirements, investigation processes, and compensation claims.

Reporting Requirements

In Jersey, employers are legally obligated to report certain accidents, injuries, and dangerous occurrences arising from work activities. These reportable occurrences must be reported to the Health and Safety Inspectorate. Additionally, organizations should have internal reporting systems to record all workplace injuries and incidents, regardless of their severity.

Investigation Processes

The purpose of a workplace accident investigation is to identify the root causes and contributing factors, with the ultimate goal of preventing similar incidents in the future. The employer is responsible for conducting these investigations, but they may appoint a competent person to lead the process. The procedure includes securing the scene, collecting information, identifying root causes, developing corrective actions, and keeping detailed records of the investigation and outcomes.

Compensation Claims

Employees injured or falling ill due to work may be eligible for worker's compensation benefits, which are administered by Jersey's Social Security Department. To be eligible, the injury or illness must arise from the course of employment. The types of compensation benefits include medical expenses, temporary or permanent disability benefits, and income replacement for lost wages.

Key Legal and Regulatory References

The primary legislation governing workplace safety in Jersey is the Health and Safety at Work (Jersey) Law 1989. The Social Security (Jersey) Law 1974 establishes the framework for Social Security and income replacement benefits. For specific legal advice, employers and employees should consult with qualified legal professionals and refer to the official legislation.