The Health and Safety at Work (General) (Guernsey) Ordinance 1987 as amended applies to all businesses, no matter how small. As a duty holder, you are responsible for health and safety in your business. The nature and and extent of the risks in each workplace will vary, as will the work required to manage them. Sensible risk management is about managing real risk by implementing sensible and proportionate precautions and disregarding the trivial.
This guidance is aimed at employers and those who want some basic information on what to do to make sure their catering and hospitality business complies with health and safety ordinance.
This guidance is only about health and safety. It is not intended to cover food safety or hygiene requirements.
Why is health and safety important in catering and hospitality?
- Businesses in the catering and hospitality sector report many major injuries to HSE every year. Beyond the obvious human costs, accidents also cost money and time - people off work, material costs and damage to buildings, equipment or product.
- It is important to manage health and safety because it:
- prevents injury and ill health to your business's most important resource, people;
- contributes to a content and productive workforce;
- makes economic sense by reducing accidents and their costs,
- Effective management of health and safety can best be achieved by:
- realising it is an integral and essential part of business management;
- identifying the main risk areas and taking action on those while disregarding trivial risks;
- setting yourself clear targets, for example to train staff and clearly allocate responsibilities;
- supervising adequately;
- consulting staff at all stages.
What are the main hazards?
- Individual workplaces exhibit their own patterns of risk, but the main hazards and causes of accidents and ill health in the catering industry are:
- slips, trips and falls;
- cuts;
- contact with hot surfaces;
- contact with hazardous substances, such as cleaning fluids;
- manual handling of loads;
- work at height;
- electricity;
- gas - natural and LPG;
- young or vulnerable workers;
- temperature and ventilation;
- transport and pedestrian safety.
- You can prevent most accidents through good management, supervision and effective training, which makes accident prevention no different from any other aspect of running a successful business. Thought and planning applied to those areas of catering where the risks are highest will help you to prevent accidents and reduce costs. It will also show enforcement officers that you are striving to comply with The Health and Safety at Work (General) (Guernsey) Ordinance 1987 as amended.
What do you need to do?
- You need to take the right precautions to reduce any risks to the health and safety of workers and others who might be affected by your work activities. If you are self-employed and your work poses no risk to the health and safety of others, then health and safety law may not apply to you. HSE has guidance to help you understand if the law applies.
- As an employer you have a general duty to ensure the health, safety and welfare of your employees and others affected by your business. Controlling dangers at work is no different from tackling any other task. You need to recognise the problem, know enough about it, decide what to do and put the solutions into practice.
- In particular, you must:
- Identify the hazards;
- Carry out a risk assessment;
- Prepare a written safety statement;
- Communicate risks and controls;
- This must also include:
- provision/maintenance of safe plant and equipment;
- ensure a safe and healthy working environment;
- provision of adequate welfare facilities, such as toilets and hot and cold running water;
- provision of suitable information, instruction and training for your workers;
- have safe working procedures;
- ensure adequate supervision of your staff;
- prevent or control exposure to hazardous substances and loud noise.
- appointment of a competent person to help you meet your health and safety duties.
- 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.
- 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 you as an employer and your employees, who are required by law to cooperate with you in the safety-management process.
- Describing how you will manage health and safety in your business will let your staff and others know about your commitment to health and safety. This will be your health and safety policy. It should clearly say who does what, when and how.
Employers' Responsibilities
- 1. Safe Workplace
- Provide and maintain a safe workplace;
- Includes machinery and equipment;
- Safe access and egress;
- Safe design and operation.
- 2. Manage work
- Manage work to ensure the safety, health & welfare of employees;
- Prevent improper conduct or dangerous behaviour;
- Ensure written procedures, e.g. safety statement;
- Management is the process of continuous improvement.
- 3. Control Risks
- Prepare a safety statement and update regularly to take account of changing circumstances and work practices;
- Ensure risks are assessed and from this implement controls;
- Ensure work is adapted to take account of the individual tasked for that work;
- Provide training and instruction as required,
- Provide suitable personal protective equipment where necessary to protect employees against risks you cannot control by other means;
- Display specified safety signs for remaining risks.
- 4. Welfare Facilities
- Provide and maintain adequate welfare facilities for employees, including:
- Drinking water;
- Clean toilet;
- Warm/hot washing water and soap;
- Somewhere hygienic to eat;
- Carry out health surveillance where appropriate (e.g. for dermatitis risks, if present);.
- 5. Emergency Procedures
- Prepare and update emergency procedures, including those for temporary workers (in catering these are only likely to be for fire and gas leaks);
- Include evacuation plan;
- Clearly label evacuation routes;
- Rehearse evacuation plan, evaluate and learn from rehearsals;
- Make provision for first aid for employees and facilities relative to your size and risks to cover the first-aid needs of your employees;
- Coordinate any procedures (i.e. emergency procedures) and work safely with others (for catering, these are likely to be landlords, other businesses in multi-occupancy sites, maintenance staff and catering engineers);
- 6. Training & Information
- As an employer, you must consider the health and safety training needs of your employees, including new recruits, young workers, part-timers and temporary or agency staff. You must:
- Provide appropriate training, information and supervision to enable employees perform their duties safely;
- Demonstrate as required, e.g. proper insertion of ear-plugs;
- Must be appropriate, e.g. consider how you will train employees who do not have English as their first language.
- 7. Report incidents
- Record and report some work-related accidents, dangerous occurrences and cases where employees have contracted an occupational disease. Full lists of the types of injuries, dangerous occurrences, gas incidents and occupational diseases that must be reported under RIDDOR can be found at gov.gg/riddor;
- Can be done online at gov.gg/riddor.
- 8. Other relevant duties
- Have details available of your employers' liability insurance;
- If you employ anyone, you must display the health and safety law poster, or provide each worker with a copy of the equivalent pocket card. You must display the poster where your workers can easily read it. If you wish to do so, you can also add details of any employee safety representative or health and safety contacts.
General Principles of Prevention
- 1. The avoidance of risks;
- 2.The evaluation of unavoidable risks;
- 3. The combating of risks at source;
- 4. The adaptation of work to the individual, especially as regards the design of places of work, the choice of work equipment and the choice of systems of work, with a view, in particular, to alleviating monotonous work and work at a predetermined work rate and to reducing the effect of this work on health;
- 5. The adaptation of the place of work to technical progress;
- 6. The replacement of dangerous articles, substances or systems of work by safe or less dangerous articles, substances or systems of work where possible;
- 7. The giving of priority to collective protective measures over individual protective measures;
- 8. The development of an adequate prevention policy in relation to safety, health and welfare at work, which takes account of technology, organisation of work, working conditions, social factors and the influence of factors related to the working environment;
- 9. The giving of appropriate training and instructions to employees.
Kitchen extract ducting cleaning and record keeping
- The accumulation of grease within extraction systems and ducting can diminish airflow and increase the risk of fire. Regularly clearing grease deposits can promote a good working environment by taking away heat from cooking to maintain a good supply of airflow and reduce the risk of kitchen fires.
- The TR19 Standard is a protocol that sets out how to properly and comprehensively clean kitchen extract and ventilation ductwork systems. It's the most commonly used standard for this kind of cleaning and is recognised by most insurers and building engineering service providers.
- TR19® Grease is a set of guidelines and standards used in the United Kingdom for the cleaning and maintenance of kitchen extract systems, specifically in relation to grease and fire safety.
- These guidelines are published by BESA (Building Engineering Services Association) and are considered industry best practices for the cleaning and maintenance of grease extract systems in commercial kitchens.
The primary purpose of TR19® Grease is to provide a framework for maintaining the cleanliness and safety of kitchen extract ductwork and ventilation systems. Grease can accumulate in these systems over time, and if not properly cleaned and maintained, it can pose a significant fire hazard. The TR19® Grease guidelines help ensure that kitchen extract systems are regularly inspected, cleaned, and maintained to prevent the risk of fire and to maintain good indoor air quality.
Key points covered by TR19® Grease guidelines typically include:
Cleaning Frequency: TR19® Grease provides recommendations on how often different parts of the kitchen extract system, particularly the grease extract ductwork, should be cleaned. The cleaning frequency depends on factors such as the type of cooking, the volume of cooking, and other considerations.
Cleaning Standards: The guidelines outline the cleaning standards that professionals should adhere to when cleaning grease extract systems. This includes the removal of grease and contaminants, the inspection of ductwork for damage, and the replacement of any damaged components.
Certification and Training: TR19® Grease emphasizes the importance of using qualified and certified professionals for the cleaning and maintenance of kitchen extract systems. It also encourages ongoing training to stay updated on best practices.
Record Keeping: Keeping comprehensive records of cleaning and maintenance activities is a key component of TR19® Grease. This documentation helps in demonstrating compliance with the guidelines and can be important in case of inspections or audits.
Legal Compliance: Compliance with TR19® Grease guidelines is often required by local authorities and insurance companies. Non-compliance can lead to legal and insurance-related issues.
These guidelines are important for all businesses operating commercial kitchens, as they help ensure the safety of employees and patrons, prevent fire hazards, and maintain the efficient operation of ventilation systems. It's important to consult the latest version of TR19® Grease and work with qualified professionals who are familiar with these standards to ensure compliance and safety.
Ventilation in kitchens
- The Health and Safety at Work (General) (Guernsey) Ordinance places duties on anyone in control of premises who makes them available as a place of work for others to take reasonable measures to ensure, so far as reasonably practicable, that the premises, plant and equipment are safe and without risks to health.
- Ductwork and ventilation systems gradually build up dust, bacteria and mould over time. These pollutants can become harmful if left unchecked and cause health problems if air quality is compromised. In addition, the efficiency of ductwork can be reduced if systems are not cleaned or maintained, which can be both dangerous and costly if not regularly managed.
- The objectives of an effective kitchen ventilation system are to:
- remove cooking fumes at source, ie at the appliance
- remove excess hot air and bring in cool, clean air so the working environment is comfortable (inadequate ventilation can cause lethargy and heat stress contributing to unsafe systems of work and high staff turnover)
- make sure that the air movement in the kitchen does not cause discomfort, eg from strong draughts
- provide enough air for complete combustion at fired appliances and prevent the risk of carbon monoxide accumulating
- be easy to clean, avoiding build-up of fat residues and blocked air inlets which lead to loss of efficiency and increased risk of fire
- be quiet and vibration free.
- Keeping records of design criteria, commissioning performance, maintenance requirements and of tests and inspections will enable maintenance, modification and testing against the original specification.
- HSE's website (Catering and hospitality free leaflets - HSE) provides information, as well as a number of free leaflets and information sheets, that will be useful to help manage risks and comply with legal requirements.
Gas Appliances - Duties
- Make sure maintenance and annual safety checks on gas appliances are carried out by a Gas Safe registered engineer to ensure you safe.
- If you're a landlord, you are legally obliged to make sure:
- Gas pipework, appliances and flues are maintained in a safe condition.
- All gas appliances and flues provided for tenants' use have an annual safety check.
- You keep a copy of the Gas Safety Record until two further checks have taken place.
- Maintenance and annual safety checks are carried out by a qualified Gas Safe registered engineer.
- All gas equipment (including any appliance left by a previous tenant) is safe or otherwise removed before re-letting.
- Inform tenants of where to turn off the gas and what to do in case of an emergency.
- The Gas Safe Register says that, as a minimum, the record of a gas safety check must contain:
- A description and location of each appliance and/or flue that has been checked.
- The name, registration number and signature of the engineer who carried out the check.
- The date which the appliance and/or flue was checked.
- The address of the property at which the appliance and/or flue is installed.
- The name and address of the landlord (or their agent where appropriate).
- Any defects identified and any action required or taken to fix it.
- Confirmation of the results of operational safety checks carried out on the appliances.
- Landlords using agents to manage properties need to ensure that the management contract clearly specifies who is responsible for carrying out the maintenance and safety check duties, and keeping associated records.
Electrical Installation and Inspection
- Dutyholders have a responsibility to make sure their properties are electrically safe.
- The website Landlords Electrical Responsibilities & Legal Requirements | Electrical Safety First provides information and recommends the following:
- Have a registered electrician carry out a professional check every five years to get an Electrical Installation Condition Report (EICR) or sooner if the most recent report recommends it.
- If the inspection reveals any action that needs to be taken then work should be carried out within 28 days, all works should be to the current British Standard 7671.
- As the dutyholder, you are responsible for making sure that the person who completes the check is suitably competent. Using an electrician or firm that is a member of an accredited registration scheme operated by a recognised body will give you the confidence that this has been achieved.
- Make the EICR available to every tenant before they move in and each time the tenancy changes hands.
- While it is not law, it is good practice for:
- All moveable electrical items supplied to have an annual portable appliance test (PAT).
- Protect against potential electric shocks by having a residual current device (RCD) installed and maintained.
- Have a registered electrician visually inspect the electrical installation in-between tenancies.
An electrical installation condition report should feature:
- The results of the inspection and testing.
- The date of the next recommended inspection.
- Details of any damage or wear and tear.
- Details of any parts of the installation that don't meet IET Wiring Regulations or meet UK national standards BS 7671.
Asbestos - Duties
- Although it was banned from use in 1999, asbestos is still present in many old buildings. Landlords of these types of properties must ensure they manage the risks posed by asbestos, as it can significantly harm those exposed to it
- Control of Asbestos -
Approved Code of Practice 2013 (rev 2017) [1Mb]
- Where premises are let, rented or otherwise provided by a landlord or in the course of any business, it is the landlord's responsibility to manage the asbestos in line with the General Principles for the Control of Asbestos.
- For the avoidance of doubt, the full extent of this ACoP applies to rented and leased dwellings used for domestic purposes, boarding houses, lodgings, hotels, bed and breakfast accommodation, guest houses and self-catering seasonal accommodation, but not to owner occupier of domestic dwellings.
- Asbestos Management Plan
- The asbestos management plan should include an asbestos register. The register should include:
- The identification of asbestos containing materials that may be on site;
- An assessment of risk from any such asbestos containing materials;
- Identification of measures required to be carried out to ensure that any risks from exposure to asbestos containing materials are controlled;
- Arrangements for dealing with any accidents, incidents and emergencies;
- Arrangements for monitoring and reviewing the effectiveness of the asbestos management plan.
- If there is asbestos in their property, the landlord must inform tenants, contractors, and anyone else at risk about where the asbestos is located and prevent them from disturbing it.
- If no asbestos management plan is in place, or no asbestos register provided, work must not be carried out until an appropriate survey of the relevant areas has been undertaken.
Summary of duties
- Employees must look after their own and others' health and safety, cooperate with their employer and not misuse health and safety equipment.
- A self-employed person must ensure their own health and safety, so far as reasonably practicable, and ensure they don't put others at risk.
- A landlord or host employer in control of the premises must take reasonable steps to ensure that the premises and equipment used by others, such as contract caterers, are safe and without risk to health, so far as reasonably practicable. The extent of this duty will depend on the extent of control over the premises and the risks present.
- The role of the enforcement officer is not just to enforce the law, but also to promote health and safety, give advice on the law and how to comply with it and advise on other sources of information - for example, published and web-based guidance available from HSE.
- HSE's website (gov.gg/hse) provides information, as well as a number of free leaflets and information sheets, that will be useful to help manage risks and comply with legal requirements.
Links for guidance
