Provision of information to employees
19.—(1) The responsible person must provide his employees with comprehensible and relevant information on—
(a)the risks to them identified by the risk assessment;
(b)the preventive and protective measures;
(c)the procedures and the measures referred to in article 15(1)(a);
(d)the identities of those persons nominated by him in accordance with article 13(3)(b) or appointed in accordance with article 15(1)(b) ; and
(e)the risks notified to him in accordance with article 22(1)(c).
(2) The responsible person must, before employing a child, provide a parent of the child with comprehensible and relevant information on—
(a)the risks to that child identified by the risk assessment;
(b)the preventive and protective measures; and
(c)the risks notified to him in accordance with article 22(1)(c),
and for the purposes of this paragraph, “parent of the child” includes a person who has parental responsibility, within the meaning of section 3 of the Children Act 1989(1), for the child.
(3) Where a dangerous substance is present in or on the premises, the responsible person must, in addition to the information provided under paragraph (1) provide his employees with —
(a)the details of any such substance including—
(i)the name of the substance and the risk which it presents;
(ii)access to any relevant safety data sheet; and
(iii)legislative provisions (concerning the hazardous properties of any such substance) which apply to the substance; and
(b)the significant findings of the risk assessment.
(4) The information required by paragraph (3) must be—
(a)adapted to take account of significant changes in the activity carried out or methods or work used by the responsible person; and
(b)provided in a manner appropriate to the risk identified by the risk assessment.
What the Enforcement Guidance says:
The responsible person must ensure that his employees are given comprehensible
and relevant information about the risks to them that have been identified and
the precautions taken to ensure their safety. The requirement to provide detailed
information under this article does not extend beyond employees.
However, taking into account the general duty of care under article 8 together with
specific requirements under the Order, such as articles 4 (definition of general fire
precautions) and 15 (procedures for serious and imminent danger etc) appropriate
information (and where necessary, instruction) such as fire action notices and
information about particular hazards should be drawn to the attention of other relevant
persons, for example, to guest house/hostel occupiers, visiting workers, contractors,
and tenants. Attention is also drawn to the Fire Safety Risk Assessment Supplementary
guide: Means of Escape for Disabled People.
The responsible person must, before employing a child, provide the parent of the child
with comprehensive and relevant information on the risks to that child that have been
identified; the preventive and protective measures in place; and the steps that have
been taken to inform all other relevant persons arising out of or in connection with the
conduct of his premises.
Where a dangerous substance is present on the premises, the responsible person
must provide the details of the substances to employees. Details include the name
of the substance, access to any relevant safety data sheets, and legislative provisions
concerning the hazards of any such substance. The information on the substances
must take account of significant changes in the activity carried out or methods or work
used by the responsible person, and be provided in a manner appropriate to the risk as
identified in the risk assessment. He must also provide details of the significant findings
in the risk assessment.