Health and Safety at Work
General statutory requirements
The law says that everyone who has a need to be in a workplace is responsible for making sure that the workplace is safe. The Health and Safety Inspectorate is based at Customer and Local Services and is responsible for making sure that people are doing what the law says and they can prosecute if the law is being broken. See Health and safety at work.
The employer has a legal duty to make sure as far as is reasonably practicable that the law is being followed in:
- Making sure that equipment and materials are looked after and safe
- Materials and substances are moved and stored safely
- Employees are given information and instruction on how to use equipment and items safely
- The workplace is safe and comfortable
- Any public coming into the workplace are safe
- If five or more employees work in the business, that a health and safety statement is prepared and given to them so they know what happens and what to do if there is a problem
- The law does not apply to anyone working in a private home
Under the law, Employees have to take care of themselves or others, by supporting safe working and using any protective equipment provided.
The self-employed have to think about themselves and others in carrying out their work.
Manufacturers, designers and suppliers duties
There is a duty to make sure that so far as is reasonably practicable, anything being made is designed and put together so that it is safe. This is set out in Article 7 of the law and is monitored by the Health and Safety Inspectorate.
For general guidance on Health and Safety in the workplace such as temperature and noise, please see: Health And Safety General Guide
There is no legal need to report accidents at work, but it is good practice for an employer to keep an Accident Book to record any accident or injury to employees or the public. The Health and Safety Inspectors can be asked to give advice or carry out official enquiries into serious accidents.
You can contact the Health & Safety Inspectorate on +44 1534 447300.
Any accident, whether at work or in public, can be made known to the inspectors who will advise whether or not the incident is something they can look into.
Reports which are prepared by the inspectors after carrying out their investigations are only given to solicitors or advocates who are acting for the employers or employees. Therefore employees who intend to make a compensation claim for loss or injury should take legal advice. Citizens Advice Jersey offers a free Personal Injury Clinic on the last Thursday of every month by appointment only. Please contact us to book. Following this appointment, Legal Aid may be available. For full information on personal injury claims, please see Personal Injuries. If you wish to claim compensation, the claim must start within three years of the incident.
Employers’ Liability (Compulsory Insurance) Law 1973
All employers must have what is called liability insurance which covers any claims which employees might bring after being injured or made ill at work.
Enforcement of the law
The law is enforced by the Health and Safety Inspectorate at Customer and Local Services.
The inspectors spend most of their time giving advice on the law, but they have legal powers to visit any workplace at any reasonable time without giving notice. They can give out prohibition notices which means you have to stop working or make improvements on the spot. There is a right of appeal against such a notice.
The Restrictions on Smoking (Workplaces) (Jersey) Regulations 2006 came into force on the 2nd January 2007. Smoking is not allowed in most workplaces and public places. This includes work vans and cars.
Failure to obey the Law is a criminal offense. Individuals can be fined a fixed penalty of up to £5,000 for smoking in non-smoking premises. The manager or person in charge of any non-smoking premises can also be fined a fixed penalty of up to £5,000.
The law is enforced by Environmental Health.