Training

21.—(1) The responsible person must ensure that his employees are provided with adequate safety training—

(a)at the time when they are first employed; and

(b)on their being exposed to new or increased risks because of—

(i)their being transferred or given a change of responsibilities within the responsible person’s undertaking;

(ii)the introduction of new work equipment into, or a change respecting work equipment already in use within, the responsible person’s undertaking;

(iii)the introduction of new technology into the responsible person’s undertaking; or

(iv)the introduction of a new system of work into, or a change respecting a system of work already in use within, the responsible person’s undertaking.

(2) The training referred to in paragraph (1) must—

(a)include suitable and sufficient instruction and training on the appropriate precautions and actions to be taken by the employee in order to safeguard himself and other relevant persons on the premises;

(b)be repeated periodically where appropriate;

(c)be adapted to take account of any new or changed risks to the safety of the employees concerned;

(d)be provided in a manner appropriate to the risk identified by the risk assessment; and

(e)take place during working hours.

What the Enforcement Guidance says:

The responsible person must ensure that his employees are provided with adequate
safety training and record this where he employs five or more people (see article 11
for recording of training). Enforcing authorities will make a professional judgement

about whether the responsible person has complied with his duties under this Order

by requesting evidence of the above and auditing the risk assessment. Attention is also
drawn to the Fire Safety Risk Assessment Supplementary guide: Means of Escape for
Disabled People.
 Enforcing authorities may need to make a judgement about the status of volunteers,
as in the case of many charitable organisations who use them to operate their shops
and raise funds. Where such persons are involved a reasoned judgement should
be made about whether there is a form of employment contract (written, oral or
implied). It should be borne in mind that payment is not necessary for a contract to
be valid. It is usual for there to be a form of recompense for a service provided but
the form of recompense can vary significantly. Some volunteers may therefore need
to be considered as employees and receive the appropriate training. In cases of doubt
legal advice should be sought. Communities and Local Government would be grateful
if it were informed of views taken in difficult cases so that the information can be
disseminated.