Health and Safety Laws

12.1 The Basics of the Health and Safety Laws

The Health and Safety laws that are connected to the catering and hospitality industry are slightly different to other industries. This is due to them having to take into account specific instances where there are question marks over the safety of not only staff, but also the public that enter the building.

Even if you have looked at health and safety laws before, you must spend time getting to grips with

the basics for a restaurant.

12.2 It Applies to Every Business

You cannot avoid these laws, even if the restaurant that you are working at is on the small side, as every business is covered by them. The actual employer has the responsibility of making sure that the various laws are implemented, but as their representative at the business that responsibility does pass onto your shoulders. The only difference that you should be aware of is that written risk assessments, records of  incidents, and even a written health and safety policy are only legally required when there are more than five employees. However, it is still good company policy if you maintain this record due to reasons that will be discussed later in the module.

12.3 The Aim of the Laws

The aim of the laws is simply to understand, as they focus on making sure that the correct precautions have been taken to reduce the chances of somebody being injured in any way while they are on the premises.

What you will tend to find is that there are a number of basic tasks that you must complete and check on a regular basis to comply with the regulations. It is not their intention to make things complicated because that will only increase the chances of something going wrong. These laws incorporate both general health and safety as well as items related to specific industries and that is why you must be aware of areas that have been developed for the hospitality industry.

FACT

1.4 million working people in the UK suffer from a work-related illness

Source: hse.gov.uk

12.4 Specifics for the Hospitality Industry

You must be in a position to understand both the catering and hospitality industries so that the restaurant itself complies with the law. The biggest danger to people in this industry is related to accidents when handling items as well as slips and trips. Indeed, a vast number of incidents occur every single year within the hospitality industry as a whole that are directly related to these two areas. The biggest risk when it comes to occupational health risks has also been identified as contact dermatitis due to allergic reactions to various chemicals or products that have been used in the restaurant. If we look at slips and trips, then the people at most risk in a restaurant environment are kitchen staff, waiting staff, and chefs. Clearly food spillages leading to slips are one of the most common ways that this kind of accident can occur. According to the HSE, any spillage must be cleaned up as quickly as possible in order to remove the hazard with appropriate signs being placed in the area to alert others to the possibility of the floor being wet. Another area that is a cause for concern are leaks and an overflow of water with this causing a number of accidents in the kitchen area. Leaks must be fixed immediately and people have to take care that taps have been turned off to prevent this issue from happening in the first place.

12.5 Issues with the Floor

Clearly the floor is going to be the biggest issue and one area that has to be examined is where there is some damage to the floor. This should be repaired as quickly as possible, but in the meantime it is law that the damaged area must be highlighted to alert people to the fact that there is a problem. Repairs cannot be delayed as this is in direct contradiction to what the law states. Staying with the floor, it is important that the correct cleaning products are used on the floor to minimise the risk of an accident due to the floor being dirty or, in a kitchen environment, having oil on the surface. A failure to use the correct cleaning products can lead to the issue not being resolved and the risk of a slip or a trip will remain.

As part of your health and safety assessment, it is important that you check every aspect of the floor on a regular basis and make any repairs before the issue is allowed to get any worse.

12.6 Trip Hazards

No objects should be left on the floor where people could trip over them. This includes boxes, cables, bags, and anything else that would then be classed as an obstacle that could otherwise be moved. Products should be put into their correct place as quickly as possible to reduce the amount of clutter that could pose a danger. This includes deliveries that should be put away immediately rather than being stockpiled in the wrong area. Due to the nature of this hazard it is important that you assess the restaurant on a regular basis in order to remove any potential dangers. This is something that other employees must be aware of and be willing to remove the danger as soon as possible. That is something that should be included in the training for the employees, to make sure that they are aware that this is part of their role.

FACT

30.7 million working days are lost due to work-related illness and workplace injury

Source: hse.gov.uk

12.7 Safety with Equipment

Due to the range of equipment that is often in the kitchen department of the restaurant, it is important that the correct health and safety procedures are followed within this particular department. One area of particular concern, and which is covered in the regulations, involves the use of knives. They are not allowed to be left on worktops where they can be knocked over or to be used  inappropriately. They should be stored correctly and also cleaned to prevent any cross-

contamination.

When it comes to equipment, then the health and safety laws state that individuals must be trained in the usage of the equipment and this also includes the adequate cleaning of the item. In some instances, warning signs must also be placed around the kitchen alerting people to particular dangers and the steps that must be taken to prevent any injury.

12.8 The Front-of-House Safety

A number of these issues can also be applied to the front-of-house, mainly laws that deal with the potential for slips and trips. This means that if anything has been spilled, then a member of staff must clean it as quickly as possible and place the appropriate signs to warn other customers. There should also be a clear path to fire exits, toilets, and space to move around the restaurant without any difficulty. No object should become an obstacle and impede the customers or staff that are working on the floor.

Clearly with the front-of-house, you need to take into consideration the safety of your guests. That means that you also have to consider areas such as the entrance to the restaurant and to display the relevant warning signs for points such as any trip hazard such as a step, any low ceilings or door frames, and even how to open a door. It should be the case that fire equipment can be clearly seen  and a fire escape plan should be displayed for customers to see. You must walk through the process of a customer arriving, entering the building, being seated, walking to the toilet, and leaving; in order to make sure that there are no issues that could pose a threat to them in any way whatsoever. The only way you can do this is by actively doing it yourself and even seeking the advice of other employees.

You must remember that making sure that the front-of-house safety is of the utmost importance, as any restaurant wants to ensure that every single customer is safe throughout the duration of them being on the premises.

12.9 The Need for a Health and Safety Policy

If you have been designated by the owner as being the individual that is responsible for health and safety within the restaurant, then you will have to create a health and safety policy. Alternatively, you would be required to discuss the issue with the owners or senior management to make sure that you understand the policy that they themselves have created. The idea behind this policy is to inform the rest of the staff about your stance with the issue of health and safety. It will also discuss your commitment to their safety and it should clearly state who is responsible for doing what in the business and also how they make sure that people are kept safe at all times. This will often include a risk assessment, but it is important to point out that there is no need for this policy to be overly complicated. There are numerous templates available online if you are unsure as to exactly how to word this policy and they will be more than suitable.

12.10 The Risk Assessment

The concept of a risk assessment may still be relatively new, but it is an essential part of the health and safety laws. The idea behind this assessment is to give you the opportunity to determine areas where either staff or customers are potentially at risk and how to then minimise the chances of them being endangered in some way. What is required from you is to go around the business and identify any areas where there could be an issue. This is all about taking sensible measures to reduce the chances of something going wrong and it is designed to help you feel that every base has been covered in the work place.

However, one thing that must be mentioned is that the law does not state that you must remove every single risk as that is just not practical. The main thing is that appropriate steps have clearly been taken to reduce the chances of an incident and this is seen as being an adequate response in the eyes of the Health and Safety Executive. It is important to point out that this does not include trying to predict unforeseeable risks. Instead, it just includes things that are reasonable to know in advance as it is impossible to know everything that will happen in the future and to predict every single accident. We should mention that the website connected to the HSE does contain tools that help you to carry out a risk assessment for the business and that will mean that it is more than adequate enough to satisfy the law. If you are unsure as to what should be included, then this is certainly the best option available to you.

12.11 Assessing the Risk

In order to assess the risk, you should begin by simply walking around every part of the restaurant and make notes of anything that could potentially cause an issue.

When you encounter something, you should then assess the level of risk and what could happen to an individual. It is up to you to identify how an accident may occur. Another key point is to ask staff members to give recommendations as to areas that could be problematic. This is important, since you may not realise that something could cause an issue and indeed it could easily be the case that they also have solutions that could be put into practice. Consulting with staff for their recommendations shows that you are taking their health and safety seriously. You should also make it easy for them to voice their concerns at any point and to makesure that they do not see it as being a closed door. After you discover an issue and reach a conclusion as to what to do in order to prevent an injury or accident, then you must record your findings and the steps that you have taken to stop it from being an issue.

However, no workplace ever remains the same and this means that you need to carry out the risk assessment on at least a semi-regular basis. This will allow you to ascertain if any new risk has appeared and you can then take the appropriate steps to stop things from becoming an issue.

12.12 Training

The laws surrounding health and safety at work include the training that is offered to the employees. This training must include educating them on what to do in various situations to reduce the chances of them being hurt. The training should cover the various hazards that they may encounter as well as what they must do in the face of encountering a hazard including the emergency procedures and also the measures that have been taken to prevent things from becoming an issue. Training people further reduces the chances of an incident happening.

12.13 Giving Treatment and Reporting an Incident

If something does happen, then there are various laws set into place to deal with such an event. For example, by law there must be a first aid kit and a designated individual working on site that has been trained in first aid. It should be the case all employees are aware of the arrangements that are in place when somebody is injured, to allow them to take action as quickly as possible. Whenever an accident occurs, according to the health and safety laws, the incident should be recorded within the restaurant and entered in a designated book. This will allow you to keep track of potential areas of concern and this accident book should also then be consulted when you are conducting a new risk assessment. Details that are included in these reports include when, where, and how the accident happened. It should also mention what the outcome was regarding an injury.

12.14 What to do After an Incident

We now look at what happens if an incident occurs, as there are clear guidelines as to what should occur. First, the individual should be checked to see if they are indeed injured and appropriate care should be administered, either in the restaurant or elsewhere if the injury is serious enough. Next, the problem area should be investigated. So, if the incident was a slip, then clearly the slip should be cleaned or if it was an object that created an obstacle, then this should also be removed. Steps should then be taken to prevent it from becoming a bigger issue; cordon off an area if that is what is required.

Finally, you must then compile the report that was mentioned earlier, but only in the more serious cases would the HSE then be called into the restaurant in order to investigate things further. In most cases, it is enough to simply write the report and make the changes that are required.

12.15 Failing to Adhere to the Laws

If you do not follow the laws, then it is very easy for the restaurant to be fined for breaching the health and safety laws. In more severe cases a business can be investigated by the Executive and, in some cases closed down. Clearly this is something to be avoided and is why you must have a firm understanding of the laws and how to apply them.

Summary of the Module

This module has dealt with the health and safety laws and how they have an impact on a restaurant. Understanding these laws is extremely important since it has legal implications and if a restaurant does not comply with them, then it is possible to be fined or even closed down.