Legislation

The Health and Safety at Work Act covers all health and safety legislation. Put simply it sets the basic rules that must be followed. It applies to everyone, employers, employees and the self-employed. Under this Act it states it is the responsibility of everyone to work in a safe and healthy manner.

Every employee, while at work, has to take reasonable care for the health and safety of themselves and of others (clients and other staff members) who may be affected by the employees’ actions or lack of actions. You need to know the person to report a risk or hazard to.

  • A risk is when there is a potential of danger, i.e. when you are treating a client you may spill water on the floor if care is not taken.
  • A hazard is when there is actual danger, i.e. the water is on the floor and people are likely to slip and fall.

Every employee must co-operate with their employer, with regards to health and safety legislation, to enable the employer to implement and maintain health and safety policies within the salon (this is a legal requirement).

There is a number of special regulations that come under the Health and Safety at work Act of 1974, a lot of the legal requirements that affects the employer, there are items of legislation that affect the employee as well. The following legislation affects you in the beauty industry.

 

HEALTH AND SAFETY AT WORK ACT 1974
The Health and Safety at Work Act (HASAWA) regulates the workplace to make sure that safe working practices are being followed and maintained. It covers all aspects of health, safety and welfare at work. It identifies the responsibilities of both the employer and the employee (including people who are self-employed).
No-one in the workplace should knowingly endanger the health, safety and welfare of the employee, employer or client or interfere with or misuse any equipment or products provided. The HASAWA includes guidelines and rules on:

■ hygiene, cleanliness and disposal of waste
■ heating, lighting and ventilation
■ work facilities and maintaining a safe and healthy work environment
■ providing a safe working environment
■ fire exits and firefighting equipment
■ safe storage
■ manual handling

 

WORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS 1992
The Workplace (Health, Safety and Welfare) Regulations require everyone in the workplace to help maintain a safe and healthy working environment. You and your employer should follow environmentally friendly working practices

 

ELECTRICITY AT WORK REGULATIONS 1990
The Electricity at Work Regulations (EAWR) require all electrical appliances to be used with caution and handled correctly. Electrical equipment must be maintained in a condition suitable for use, checked and tested on a routine basis called PAT testing.

EMPLOYER’S RESPONSIBILITIES
Your employer’s responsibilities under the regulations are to make sure that all electrical equipment:
■ is in a safe working condition
■ is portable appliance tested (PAT) by a qualified electrician at least once a year (some appliances might need checking more frequently).
This means anything that has a cable and a plug must be tested. A record must be kept. Insurance companies require all electrical equipment to be routinely tested
■ is visually checked by salon employees routinely and frequently.
EMPLOYEE’S RESPONSIBILITIES
Your responsibilities under the regulations are to:
■ not use electrical appliances until you have been trained
■ use appliances correctly and to switch them off after use
■ carry out routine visual checks
■ not overload plug sockets
■ report any faults immediately to your supervisor or manager and to label the item as faulty. Remove the equipment from the working area
■ not use faulty equipment.

 

MANUAL HANDLING OPERATIONS REGULATIONS 1992
You are sometimes required to move equipment and stock around the salon and this is called manual handling. Always follow the Manual Handling Operations Regulations. There are correct ways to lift objects so you do not injure yourself.

  • EMPLOYER’S RESPONSIBILITIES
    Your employer’s responsibility under the regulations is to carry out risk assessments on all employees for manual lifting to make sure they are able to lift boxes and other heavy objects without causing injury.
  • EMPLOYEE’S RESPONSIBILITIES
    Your responsibility under the regulations is to always ask yourself: ‘Can I lift this?’ If the answer is ‘no’, then don’t! Ask for help. If the answer is ‘yes’, remember to bend your knees and keep your back straight. Lift the weight with your thigh muscles not your back and keep the item you are lifting close to your body. Even if a box is light, you should ask for help if it obscures your view.

REPORTING OF INJURIES, DISEASES AND DANGEROUS OCCURRENCES REGULATIONS 2013 (RIDDOR)

Require the following occurrences to be reported to the HSE immediately by telephone and then in writing within ten days of the incident:
■ injuries (eg falls) sustained by you, your colleagues, clients or visitors in the workplace that result in three or more days off work
■ major injuries, such as amputation, dislocation, fractures (not fingers or toes), loss of sight and any other eye injuries
■ any work-related incident where a person has had to spend more than 24 hours in hospital
■ accidents and injuries sustained from violence in the workplace
■ death in the workplace
■ diseases, such as occupational dermatitis or work-related asthma
■ dangerous occurrences (eg a gas leak) even if they occur outside working hours and no-one is injured.
EMPLOYER’S RESPONSIBILITIES
Your employer’s responsibility under the regulations is to report any of the above occurrences and make sure that information about the occurrence has been recorded.
EMPLOYEE’S RESPONSIBILITIES
Your responsibilities under the regulations are to:
■ report any work-related diseases to the person responsible for health and safety
■ prevent any work-related diseases by wearing PPE
■ report any accidents or injuries that happen to you at work
■ prevent accidents or injuries by following safe working guidelines and maintaining a tidy environment

CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH REGULATIONS 2002

Under COSHH you must make sure that any hazardous substances are stored, handled, used and disposed of correctly and safely. The best way of remembering this is by following SHUD:
■ Storage: in a locked cupboard at room temperature when not in use, ideally this cupboard should also be fire retardant.
■ Handling: wear appropriate personal protective equipment (PPE) such as gloves, mask and apron.
■ Usage: according to the manufacturer’s instructions or workplace guidelines.
■ Disposal: make sure you dispose of all hazardous waste in a hazardous waste bag; the local authority or a private company will collect the waste and incinerate it. This usually consists of tissues, cotton wool and wax strips that have been in contact with bodily fluids (eg blood). The manufacturer’s instructions will explain how to store, handle, use and dispose of the chemicals or substances. The local by-laws will tell you how to dispose of them, be considerate to the environment and follow the local authority’s guidelines on waste and refuse.

  • Replace lids
  • ventilation for vapour and dust
  • avoid overexposure to chemicals
  • correct use of chemicals
  • follow storage handling use and disposal
  • correct disposal of contaminated waste – dispose of contaminated waste in a closed top bin and to the relevant manufacturer’s instructions
  • products – check end date and packaging
  • store away from heat, damp and direct sunlight
  • no smoking, eating, drinking

 

THE REGULATORY REFORM (FIRE SAFETY) ORDER 2005
The Regulatory Reform (Fire Safety) Order require all premises to have basic standards of fire prevention and control and an emergency exit route. Every business must carry out a fire risk assessment which should be reviewed annually or following any changes. It assesses how to prevent a fire and in the event of a fire how to control it.

A fire safety risk assessment must:
■ identify fire hazards
■ identify people at risk
■ evaluate, remove or reduce risks and protect staff, clients and visitors from risk
■ record, plan, inform, instruct and train staff
■ be reviewed.

 

EMPLOYERS’ LIABILITY (COMPULSORY INSURANCE) ACT 1969
If a business has employees it must have employers’ liability insurance to comply with the Employers’ Liability (Compulsory Insurance) Act. If an employee becomes injured or ill as a result of their work they have the right to claim compensation from their employer. Employers must have adequate insurance to cover any possible insurance claims. Most business would be unable to pay a claim so insurance is taken out to cover potential payments. The insurance must be with an authorised insurance provider. It might be part of a wider insurance package to meet the other liabilities, such as professional indemnity and public liability insurance.

 

LOCAL GOVERNMENT MISCELLANEOUS PROVISIONS ACT 1982
The Local Government Miscellaneous Provisions Act requires all businesses to be registered with the local authority, so they can be monitored and regulated.
A business must show that its standards meet the rules and regulations set out in the local council’s by-laws. By-laws are a set of local laws that deal with local issues and tell a business how it must act with regards to health and safety, hygiene and cleanliness. Specific by-laws relate to specific business practices (eg ear piercing and electrolysis). Some councils have a downloadable copy of their by-laws on their website. This Act also gives local authorities the power to inspect business premises and to act if something falls below the required standard. The owner can be fined or the business shut down if the issues are serious.

 

PROVISION AND USE OF WORK EQUIPMENT REGULATIONS 1998
The Provision and Use of Work Equipment Regulations (PUWER) require that all the equipment in the salon (both new and second-hand equipment) must be used for its intended purpose only and kept in good working condition.
EMPLOYER’S RESPONSIBILITIES
Your employer’s responsibilities under the regulations are:
■ to provide you with training to use the equipment as it is intended
■ to make sure that the equipment is properly built and fit for use.
EMPLOYEE’S RESPONSIBILITIES
Your responsibilities under the regulations are:
■ to make sure you know how to use the equipment
■ to use equipment only for its intended purpose

 

HEALTH AND SAFETY (FIRST AID) REGULATIONS 1981
The Health and Safety (First Aid) Regulations apply to all workplaces in Great Britain – including those with fewer than five employees and those with self-employed staff. The regulations require the protection of everyone in the workplace by making sure risk assessments are carried out to prevent accidents and injuries at work. It is advisable that at least one person has undertaken first-aid training.

EMPLOYER’S RESPONSIBILITIES
Your employer’s responsibilities under the regulations are to:
■ take immediate action if employees are injured or taken ill at work
■ consider providing a first aider
■ choose an appointed person to be responsible for first-aid
■ provide well-stocked first-aid container
■ make sure all staff know who the appointed first aider is
EMPLOYEE’S RESPONSIBILITIES
Your responsibilities under the regulations are to:
■ avoid taking any unnecessary risks that might put you or others in danger
■ report to your appointed person any first-aid supply shortages
■ record any accidents in an accident book. Make a note of who had the accident, the date and time of the accident and what action was taken. Record the name of any witnesses and who else was present at the time of the accident. The accident book should be kept in a central location in the salon

 

PERSONAL PROTECTIVE EQUIPMENT (PPE) AT WORK REGULATIONS 1992
Gloves, aprons, masks and eye protection for salon employees as well as your uniform and shoes all come under the Personal Protective
Equipment (PPE) at Work Regulations. Protective equipment used for the client is not covered by these regulations. It is important that you wear
the appropriate PPE to protect yourself from harm when you are working with chemicals and to minimise cross-infection.
EMPLOYER’S RESPONSIBILITIES
Your employer’s responsibilities under the regulations are to:
■ supply free of charge any PPE
■ maintain supplies of PPE
■ train staff how to use PPE
■ risk assessments and to recommend when to use PPE

EMPLOYEE’S RESPONSIBILITIES
Your responsibilities under the regulations are to:
■ wear PPE when you are mixing, handling and using chemicals or substances
■ report any shortages of PPE to the relevant person so that additional stock can be ordered.

 

Good resources to use for your research are: