Health and safety at work

This page explains how health and safety is managed in workplaces, who is responsible, and when to report accidents or unsafe conditions.

What we do

We regulate health and safety in certain types of premises to help prevent injuries, illness and accidents. Our aim is to make sure safe working conditions are in place for employees, the self employed, and the public.
We do this by:

• raising awareness of health and safety issues
• giving advice to businesses, employees and the public
• inspecting workplaces
• investigating accidents, incidents and complaints

Who enforces health and safety?

Health and safety enforcement is shared between:

Newcastle City Council

• We cover certain types of commercial premises in Newcastle.

Health and Safety Executive (HSE)

• HSE enforces health and safety in higher risk industries and large workplaces.

Care Quality Commission (CQC)

CQC regulates healthcare services such as:

• hospitals
• nursing and residential care homes
• clinics and mental health services
• dental practices and GP surgeries

Who deals with workplace complaints?

We cannot deal with:

• health and safety issues in private homes
• complaints about premises outside our jurisdiction

You should contact Newcastle City Council if your concern relates to one of these premises:

• offices (not government offices)
• shops and retail premises
• restaurants, cafés and takeaways
• leisure premises (not council owned)
• consumer services in commercial premises
• pubs, clubs and entertainment venues
• privately owned museums
• places of worship
• residential care homes
• tyre and exhaust fitters
• wholesale and retail warehouses

HSE is responsible for places such as:

• schools and colleges
• hospitals
• central and local government buildings
• nursing homes
• utilities (gas, electricity, water)
• factories and manufacturing sites
• garages and car repair workshops
• construction activities
• work activities in residential premises
• fairgrounds

For detailed national guidance, visit HSE: https://www.hse.gov.uk

Who is responsible for health and safety?

Most legal duties sit with:

• the employer
• the dutyholder
• the person in control of the premises

Employers may appoint a competent person to help manage health and safety (e.g. first aider, fire warden, caretaker), but the employer remains legally responsible.

Employees must:

• cooperate with health and safety procedures
• not misuse equipment or anything provided for safety

Managers and directors can be prosecuted if offences happen with their consent or involvement.
Employers must consult their employees on health and safety matters.

What employers must do

Employers must:

• provide a safe and healthy workplace for staff, customers and visitors
• maintain safe equipment and machinery
• plan work to reduce risks and provide protective equipment
• give staff clear information, instruction, supervision and training
• assess risks and put safeguards in place
• make sure contractors work safely and are informed about any hazards
• record accidents and report them when required

What the health and safety team does

We:

• promote safe working practices across Newcastle
• investigate workplace accidents and dangerous occurrences (RIDDOR)
• support national and local safety initiatives
• carry out targeted interventions and complaint investigations
• provide advice and education to businesses

Health and safety inspections

Routine inspections are no longer carried out for every business. Instead, inspections are targeted at:

• high risk premises
• places where intelligence suggests risks are not being properly managed
• specific sectors or topics of concern

Visits may also be triggered by:

• complaints
• accidents
• incident investigations

Inspectors can:

• enter workplaces without notice
• look at work activities and management systems
• speak with employees and representatives (privately if requested)
• take photos and samples
• issue notices
• take action where there is immediate risk

Enforcing health and safety law

Inspectors may take different types of action depending on the level of risk.

1. Informal action

For minor issues, the inspector will explain what needs to be done. Written advice can be provided.

2. Improvement notice

Used for more serious breaches.

The notice will explain:

• what needs to be fixed
• why action is required
• the deadline for compliance

3. Prohibition notice

Issued where there is a serious and immediate risk.
The activity must stop until it is made safe.

Failure to comply with a Prohibition or Improvement Notice issued under the Health and Safety at Work etc. Act 1974 (HASWA) is a serious criminal offence that can result in unlimited fines, imprisonment, and significant reputational damage.

4. Prosecution

Serious offences may lead to prosecution.
Courts can issue:

• prison sentences
• unlimited fines

Information for employees

Inspectors will check that employers:

• inform and consult staff on health and safety
• have proper arrangements in place for communication

Employees may speak to inspectors privately if they wish.

Accidents at work (RIDDOR 2013)

Some work related accidents, diseases and dangerous events must be reported under RIDDOR 2013.

You can learn more or report an incident at https://www.hse.gov.uk/riddor/

Why report?

Reporting is a legal requirement.
It helps authorities:

• identify risks
• investigate serious incidents
• prevent future harm

Who must report?

• employers
• the self employed in certain cases
• anyone in control of a workplace

What must be reported?

• specified injuries
• over 7 day incapacitation
• occupational diseases
• dangerous occurrences
• non fatal accidents to non workers taken to hospital
• work related fatalities 

A full list of specified injuries is maintained by HSE.

Who to report to

Reports must be made to the Health and Safety Executive (HSE).

Workplace complaints

Always raise concerns with your employer first.

If nothing changes and the risk remains, you can contact the relevant enforcing authority.
Contact Newcastle City Council Health and Safety Team
Email: psr@newcastle.gov.uk

Registering your business

You must register certain activities with us, including:

• tattooing
• body piercing
• electrolysis
• acupuncture
• semi permanent skin colouring

Cooling towers and evaporative condensers

If you control non domestic premises in Newcastle, you must notify us about any cooling tower or evaporative condenser on site.
You must also tell us if:

• a device is removed
• it stops being used
• any details change

This helps prevent the spread of diseases such as legionella.
There is no fee for notifying us.
If you do not hear from us within 28 days, you can assume approval through tacit consent.

Apply online

• Gov.uk: apply to change a cooling tower notification
• Gov.uk: notification of cooling towers and evaporative condensers