Do I need to Register my Workplace?
If you employ people in your business the answer is very likely to be "yes". Registration is usually required shortly before you open a new business or at the time you start to employ people. Who you inform depends largely upon the type of business which you operate. In general there are two Acts which require you to register - the Offices, Shops and Railway Premises Act, 1963 and the Factories Act, 1961.
Which Act applies to me?
If your business is an office, retail shop, wholesalers, caterers (such as a cafe, restaurant, snack bar, take away, canteen, pub or disco), or a coal merchants - and:-
- you have employees who are not close relatives (husband, wife, brother, sister, son, daughter) AND
- those employees work for more than 21 man-hours per week (i.e. when the total of the hours worked per week by ALL such employees exceeds 21) then you need to register under the Offices, Shops and Railway Premises Act, 1963. To do this you should complete a registration form (Application form OSR1 - Intention to employ a person in shop or office premises (.pdf, 44kb)).
The form simply asks for details of the employer, the name and address of the premises, the type of business, the number of employees which you have and details of the ownership of the building itself. The form is on two identical pages, the second part of which we send to the Fire
Authority who also have enforcement duties.
NB If your business involves the sale, storage, production or preparation of food you should also register this fact with the local authority
If your business could be described as a factory activity (such as manufacturing, repairing, servicing, cleaning, altering, decorating, etc.) then you premises are likely to come under the scope of the Factories Act, 1961. In this case you need to complete a registration form (Form F9 - Notice of Occupation) which asks for similar information to the above. This form should then be sent to the Health and Safety Executive, Quay House, Quay Street, Manchester M33JB (Tel 0161-952-8200).
What if my Workplace covers both types of activity?
In this instance you will need to complete BOTH forms
So who do I send the form to?
Health & safety legislation is enforced by two bodies - Local Council Environmental Health Departments and the Health & Safety Executive. Who is responsible for enforcement on your particular premises depends upon what is the main activity. This means, basically, what isthe main purpose for your business operating. Premises may be generally described as "industrial" (i.e. manufacturing, repairing, etc.) or "commercial" (i.e. retailing, etc.).
Generally, the Health & Safety Executive deals with "industrial" activities and the local Council deals with "commercial" activities.
For example, a factory is likely to have both offices and a canteen but the main activity is manufacturing, therefore the forms should go to the Health & Safety Executive.
A wholesaler may also have a service bay for the servicing and repair of his vehicles (factory activity) but the main activity is wholesaling, therefore, forms should be sent to the Local Council.
There are, obviously, a number of "grey" areas where it is not easy to decide what your main activity is. In this case, it would be useful to phone one or other of the numbers to ask for advice. However, in the event of the forms being sent to the wrong authority they would automatically be re-directed to the correct one.
Are there any other forms which I may need?
As a starting point you should purchase a copy of the poster "Health & Safety Law - What You Should Know".
This may be purchased from:-
- Dillons Bookstore, 2/4 St Anne's Square. Manchester M2 7HH (Tel 0161 8317786, FAX 0161 8317786) or
- HSE Books, PO Box 1999, Sudbury, Suffolk CO10 6FS (Tel 01787 881165, FAX 01787 313995).
