Legislation List of contents
1 The Legal Background
Cultural influenceCommon law concerning health and safety issues is influenced by what is seen to be the currently acceptable standards of care demanded by society, individuals or corporate bodies.
Standards of care
Standard of care in common law are interpreted by courts of law.
Decisions made by higher courts are binding on lower courts. These are called 'precedents'. Lower court decisions are called 'persuasive' in that they assist in reaching decisions.
House of Lords decisions are binding on all decisions made by lower courts. They can only be overridden by:
- A decision of Parliament
- An act of Parliament
- European court decisions
Civil actions for damages
In the event of a civil action, the following questions are asked:
- Did the defender owe a duty of care to the claimant?
- Was there a breach of the duty of care?
- Did the damages being sued for result directly from the breach of duty?
Statutory law
Statute laws are Acts of Parliament such as The Health and Safety at Work etc Act 1974, together with the Regulations, Rules and Orders made within the scope of the Acts.
Modern Acts of Parliament set out principles or objectives and use specific Regulations or Orders to implement the principles/objectives.
Acts of Parliament are Primary or Principal legislation, whereas Regulations made under the Acts are Secondary delegated legislation. By-laws made by local authorities are another example of delegated legislation. Ministers of the Crown make regulations via powers given to them by a Principal Act. Once introduced, they become statute law like the Acts of Parliament and a breach constitutes a criminal offence.
Types of statutory duties
- Absolute duty - otherwise known as 'Strict Liability'
- Duty to do what is 'Practicable'
- Duty to do all that is 'Reasonably Practicable'
This is the best that can be achieved, taking account of the balanced judgement of cost against risk. This judgement may have to be defended at sometime, therefore it should always err on the safe side.
2 The European Influence
Most current legislation concerning health, safety and welfare and almost all of what will be future legislation originates within the European Community framework.E.U. Administration
The administration of the E.U. is carried out through four bodies:
- The Commission:
- This is formed of Commissioners representing each of the member states. The Commission administers the law throughout the E.U. similar to that of the U.K. civil service. E.U. legislation originates from the Commission in the form of Directives sent for approval to the Council of Ministers. The Council of Ministers:
- The European Parliament:
- European Court of Justice:
Elements of EC law:
Apart from the general provisions of the Treaty of Rome (which is signed by all member states), there are three elements of European Law:
- European Regulations:
- Directives:
- Decisions:
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3 The Health and Safety at Work etc. Act, 1974
This is the primary piece of legislation on which is based all of our statutory legal requirements concerning health and safety at work. It is an enabling Act in that it sets out objectives to be achieved rather than specific requirements.The following sections, 2 - 9 contain the main thrust of those requirements.
Section 2:
Employers must take all reasonable care to safeguard the health, safety and welfare of their employees. In particular this means providing and maintaining:
- Safe plant and systems of work.
- Safe handling, storage, maintenance and transportation of articles and substances associated with work.
- Adequate selection of employees and thereafter providing sufficient information, instruction, training and supervision.
- Safe places of work including access and egress.
- Safe working environments and adequate welfare facilities. Note how similar these statutory duties are to the five duties of common law.
Employers must consult with employees on health and safety matters, and where requested to do so by two or more trades union appointed safety representative, set up a safety committee.
The self-employed has similar duties but do not require to have a written safety policy.
Sections 3 & 4:
These sections impose duties of care upon employers towards persons other than employees, e.g. contractors, visitors, self-employed and general public.
Section 5:
Harmful emissions into the atmosphere must be prevented from prescribed operations.
Section 6:
Designers, manufacturers, importers, installers and those who hire out plant and/or equipment have a duty to ensure, so far as is reasonably practicable, that the article or substance for use at work is safe when being properly used.
Sufficient tests etc., must be competently carried out to validate the article or substance for use at work.
All necessary information must be provided regarding the article or substance and the safeguards to be observed when using or storing it. Such information should not just be 'made available'.
Section 7 & 8:
Duties are placed upon employees at work to: Take all reasonable care for their own health and safety and the health and safety of anyone who may be affected by their acts or omissions.
- Co-operate with their employers to meet legal obligations.
- Neither intentionally nor recklessly interfere with or misuse anything whether plant, equipment or methods of work, provided by their employer to meet obligations under this or any related legislation.
The employer is not allowed to charge employees for anything done or provided to meet specific statutory requirement
4 United Kingdom Regulations:
There are a considerable number of sets of U.K. Regulations which organisations and individuals must adhere to.The following is a list of the most common ones together with management action plans.
4/1 The Management of Health and Safety at Work Regulations 1999
These Regulations may be considered the most important, because they contain the requirement that all work activities must be subject to pro-active risk assessment.The concept and methodology of carrying out risk assessment are contained in Unit 5 A summary of the requirements of these Regulations is:
- Requirement to carry out work activity risk assessments and record the findings and safeguards where the risk identified is significant.
- To have in place effective management control systems.
- Where necessary to carry out appropriate health surveillance.
- To ensure that managers have appropriate competent people to assist them on matters related to health and safety.
- Contingency planning in place to deal with serious and/or imminent danger.
- Requirement to give employees comprehensive and relevant information regarding health and safety issues.
- Requirement for inter-employer co-operation where necessary. (e.g. between contractors and clients or other contractors etc.,)
- Adequate employee selection criteria which includes a capability assessment.
- To ensure that all training incorporates health and safety considerations.
- To give special consideration to assess risks to new or expectant mothers and their children.
- To give special consideration to assess risks to young persons.
- Requirement for employees to co-operate with employers in managing health and safety issues. This includes working in accordance with information, instruction and training.
4/2 The Control of Substances Hazardous to Health (COSHH) Regulations 2002 (amended 2004)
Hazardous substances may be natural or man made and include chemicals, biochemicals such as pesticides, growth hormones and process hazards.There are six stages of control. These are:
- Hazard identification
- Information received from suppliers through labels or substance data sheets.
- Information regarding processes. (e.g. dust, fumes or gasses etc.)
- Information from data regarding natural hazards from plants, animals, certain materials (e.g. foam rubbers or fungicide treatment in wallpaper pastes etc.,)
- Risk assessment This requires knowledge of how a substance is used or a process takes place.
- Risk control This involves considering the steps that are already in place to deal with the risk/s and considering what other steps can or should be taken to eliminate the risk or reduce it by means of substitution, alternative work procedures, total enclosure, local exhaust ventilation, dilution ventilation or personal protective equipment etc.
- Competence of personnel This entails proper selection of personnel, providing them with adequate information, instruction and training. Such training must include supervisors, whose job it is to ensure employees are properly applying the information, instruction and training given.
- Monitoring It is necessary to regularly monitor the effectiveness of application of the management system in place. This may include the need for regular health surveillance.
- Records Adequate records of assessments, maintenance of plant, monitoring and health surveillance are required to be kept.
- This is normally obtained from
Assessments should, where possible, be carried out before the substance is brought into the work place and used.
Assessments should also consider handling, storage, use, disposal and the effects on the environment.
4/3 The Electricity at Work Regulations 1989
Electrical dangers can result in:- The Regulations require an employer to:
- assess the risks to employees from noise at work;
- take action to reduce the noise exposure that produces those risks;
- Electric shock.
- Electric burns
- Electrical fires
- Explosions
- Requirement regarding the need to properly construct and maintain equipment
- Need for care when working on or near electrical equipment
- Need to provide adequate protective equipment
- Proper care in bringing equipment into service
- Adequate protection of equipment
- Precautions relating to conductors
- Satisfactory protection from excessive current
- Need for satisfactory switch off and effective isolation procedures
- Restriction of work on live equipment unless absolutely necessary
- Provision of adequate space, access and lighting when working on equipment
- Personnel carrying out electrical work must be competent and/or adequately supervised
4/4 The Control of Noise at Work Regulations 2005
The Control of Noise at Work Regulations 2005 require employers to prevent or reduce risks to health and safety from exposure to noise at work. Employees have duties under the Regulations too.- provide employees with hearing protection if they cannot reduce the noise exposure enough by using other methods;
- make sure the legal limits on noise exposure are not exceeded;
- provide employees with information, instruction and training;
- carry out health surveillance where there is a risk to health. The Regulations do not apply to:
- members of the public exposed to noise from their non-work activities, or making an informed choice to go to noisy places;
- low-level noise which is a nuisance but causes no risk of hearing damage.
The Noise Regulations require employers to take specific action at certain action values. These relate to:
- the levels of exposure to noise for employees averaged over a working day or week; and
- the maximum noise (peak sound pressure) to which employees are exposed in a working day. The values are:
- lower exposure action values: — daily or weekly exposure of 80 dB; — peak sound pressure of 135 dB;
- upper exposure action values: — daily or weekly exposure of 85 dB; — peak sound pressure of 137 dB.
- exposure limit values: — daily or weekly exposure of 87 dB; — peak sound pressure of 140 dB.
4/5 The Personal Protective Equipment at Work (PPE) Regulations 1992
Summary of the requirements:- Provision of PPE must be as a last resort.
- A suitable assessment must be made to ensure that the equipment supplied is:
- Appropriate for the risk and environment in which it will be used
- Ergonomically sound and compatible with the user
- Capable of fitting the wearer after adjustment
- Effective in eliminating or controlling the risk without leading to any other increased risks so far as is reasonably practicable
- Compatible with current E.U. and U.K. Standards
- Items of PPE must be compatible with each other where more than one piece is worn.
- There must be adequate maintenance of PPE and satisfactory replacement arrangements.
- Users must be given sufficient information, instruction and training.
- Employers must take all reasonable steps to ensure that PPE provided is being properly used.
- Employees must report the loss of, or any defects in, PPE to their employers.
- No charge can be made for PPE that is required, and used only at work. (Section 9 of HSW Act 1974)
4/6 The Workplace (Health, Safety and Welfare) Regulations 1992
Summary of the requirements:- The workplace must be properly maintained and kept reasonably clean.
- The working environment must be subject to adequate controls; e.g. lighting, ventilation, temperature, humidity, quality of air etc.,
- Employees must be given an adequate workspace allocation.
- Consideration must be given to ensuring the ergonomic design and arrangements of workstations are satisfactory.
- There must be adequate pedestrian and traffic routes.
- Protection shall be provided to prevent the fall of persons or things.
- All glazing must be properly designed and maintained with adequate arrangements for cleaning in place.
- All doors and gates must be suitably constructed designed and located.
- All travelators and escalators must be safe by design, adequately functional and properly maintained.
- There must be:
- A ready supply of wholesome drinking water.
- Adequate accommodation for clothing and facilities for changing.
- Adequate facilities for resting and meals.
4/7 The Provision and Use of Work Equipment Regulations 1998
Summary of requirements:- Equipment must be suitable and fit for purpose
- Equipment must be adequately maintain
- Consideration of inspection requirements must be made
- Equipment must only be used by authorised persons
- Need to ensure operators, maintenance staff and supervisors are given adequate information, instruction and training
- Requirement to reduce the risks associated with equipment
- Requirement to ergonomically design and install both the work equipment and it's control systems
- All equipment must have an identifiable means of isolation from power sources
- All equipment should have clear warning and warning devices as appropriate to ensure health and safety arrangements are satisfactory
- All equipment bought from 1 January 1993 to conform to E.U. safety standards i.e. marked with the CE stamps.
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4/8 The Lifting Operations and Lifting Equipment (LOLER) Regulations 1998
Note: All lifting equipment must conform to these Regulations in addition to meeting the requirements of the PUWER Regulations.Summary of requirements:
- All lifting operations must be planned by a 'competent person'.
- All lifting equipment must be assessed to decide if it requires a periodic examination by a 'competent person'.
- Have the equipment examined at intervals prescribed in the Regulations, or,
- At shorter intervals as decided by the 'competent person', or,
- At intervals specified in a 'scheme of examination'.
'Competent person' is in this case usually an inspection organisation who would normally carry out the statutory examination and testing of lifting machinery.
The same body would also normally draw up 'Schemes of examination'.
4/9 The Manual Handling Operations Regulations 1992
Summary of requirements:- Avoidance where reasonable of all manual handling Thereafter to:-
- Mechanise or automate the process, so far as is reasonably practicable
- That is, engineer out or reduce manual handling activities Once this has been done:
- Carry out a risk assessment
- Reduce risks, so far as is reasonably practicable, by changing or modifying the loads/objects or changing the system of work
- Give employees and supervisors sufficient recorded information, instruction and training
- Ensure adequate supervision
- Review the situation periodically in the light of state of the art technology and knowledge
4/10 The Health and Safety (Display Screen Equipment) Regulations 1992
Summary of requirements:- Employers must comply with the schedule of requirements. This is normally achieved by carrying out a risk assessment of the workstations.
- Consideration of schedule items. That is display screen, keyboard, work-desk and surface, work chair, space requirements, lighting, reflection/glare, noise, heat, light, humidity, radiation (but no action necessary) and computer/user interface.
- Consideration of work breaks and activity changes for users.
- Requirements for eye and eyesight tests and possible corrective action.
- Adequate recorded information, instruction and training for users and supervisors.
4/11 The Health and Safety (First Aid) Regulations 1981
Summary of requirements:Every employer must provide equipment and facilities that are adequate and appropriate in the circumstances for administering 'First Aid'.
To ensure compliance, employers must make an assessment to determine their needs. Consideration of the following is required:
- Consider different types of work activities
- Consider the access to professional treatment.
- Consider employees working away from base:
- Where employees of more than one employer are working together, shared facilities may be considered.
- There may be a need to consider non-employees.
Having made these assessments, the employer will be able to establish how many first aid boxes and/or other facilities are necessary.
The employer must ensure that adequate numbers of suitable persons are available to administer first aid. 'Suitable persons are those who have obtained qualifications approved by the HSE.
Important Note: In appointing such personnel, other considerations should be taken into account to ensure they are suitable. For example:
- Have they any phobias? Such as fear of blood or heights or confined spaces.
- Are they physically fit?
- Can they mentally deal with pressure and trauma?
- Employees must be informed of the location of first aid facilities, who the first alders are, and how to contact them.
4/12 The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
These Regulations require the reporting of prescribed injuries etc., to the enforcing authority.These include:
- Where a person dies at work.
- Where a person suffers a prescribed injury or condition at work, or there is a dangerous occurrence.
Reporting must be by the quickest possible means, normally by telephone. Thereafter the enforcing authority may request the employer to send a written report to them.
Where an employee's injuries result in them being unable to carry out their normal work activities for more than three calendar days. In this case, a written report on an approved form (F2508) within ten days will suffice.
The enforcing authority is the body responsible for the enforcement of health and safety in the premises where the injury, disease or dangerous occurrence took place.
Usually the enforcing authority will be:
- The Health and Safety Executive (HSE) Inspectors, for industrial/construction type premises.
- The Local authority (Environmental Health Officers (EHO's), for offices, shops and nonindustrial premises.
While this type of reporting is not covered by law it is most important.
Urgent reporting is required when someone suffers a life threatening or severe injury. Among the things to be considered are:
- Is there an up-to-date list of the contact person that each employee wants any life threatening type injury to be reported to?
- Does the information include contact phone numbers or addresses during probable working hours?
- Does the information include any special needs? For example special bloods groups, desire not to have surgery or blood transfusions etc.?
- Is the required information readily to hand? For example, at weekends or during overtime periods etc.,
It is imperative that the insurers are notified as soon as possible after an accident which may result in a claim being made. This will enable information to be gathered while events are fresh in people's minds.
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4/13 The Health and Safety (Safety Signs and Signals) Regulations 1996
Under these Regulations safety signs are standardised in terms of geometric form, colour, symbols and wording.There are five kinds of safety signs in general use. These are:
- Prohibition:- That is, where certain behaviour is prohibited
- Warning:- Gives warning of a hazard
- Mandatory:- Indicates a certain course of action
- Emergency escape/ first aid exit signs and first aid information
- Fire equipment:- The siting of fire fighting equipment Each sign may have a pictorial symbol and/or wording on the sign
4/14 The Construction (Design and Management) Regulations 2007 (CDM)
In summary, the new Regulations require:- A realistic project programme, allowing adequate time for planning, preparation and the work itself
- Early appointment of key people
- Competent duty holders, with sufficient resources to meet their legal duties
- Early identification and reduction of risks to health and safety
- Provision of health and safety information from the start of the design phase, through construction and maintenance and eventual demolition phases, so everyone can discharge their duties effectively
- Co-operation between duty-holders
- Proportionate effort and resources to be applied to managing health and safety issues.
Clients
Clients now have to ensure they assume their responsibilities early in the project. As before, the need to appoint proven team members is spelt out, and guidance is given on how to ensure that `duty holders' are competent to undertake the project.
From the initial design stage, the client must appoint a CDM co-coordinator who will 'notify' the project if it is relevant; if there is any delay in this appointment, and then the role defaults to the client. 'Initial design' is defined simply as 'any actions that cannot be changed later', but it is expected that measures will be in place by the time the project enters the feasibility stage. Clients must also ensure that construction does not start until the health-and-safety plan is in place, and that appropriate welfare provisions are available.
Other significant duties include:
- Ensuring that any fixed 'workplace'
- Complies with the 'Workplace (health, safety and welfare) regulations 1992'.
- Checking the competence of employees and all team members.
- Ensuring that all parties fulfill their responsibilities.
- Ensuring suitable management is in place.
- Allowing sufficient time and resources.
- Providing and disseminating pre-construction information to the team.
- Appointing a CDMC.
- Appointing a principal contractor.
- Ensuring that construction does not start until a suitable welfare and construction phase plan is in place.
- Providing information for the health and safety file.
- Preparing, or instructing others to prepare, the health and safety file.
- Retaining, and allowing access, to the file.
Designers
The designers' duties can be summarised as:
- Involving all of the team members and co-coordinating with them, to ensure that all points of view are understood.
- As before, designers must make sure the client is aware of his responsibilities at the earliest opportunity.
- Ensuring that welfare provisions for the project are in accordance with the Regulations.
- Considering health and safety at the workplace being designed.
- Ensuring that they are competent to undertake the health and safety issues.
- Checking that clients are aware of their duties.
- Ensuring that, during design work, all hazards are identified and eliminated and that information concerning remaining hazards is communicated to those who may need to know.
- Considering the risks to others in the construction phase.
CDM Co-coordinator Co-coordinators duties can be summarised as:
- Advising clients as to their duties under the Regulations.
- Notifying the project to the HSE.
- Ensuring that the flow of health and safety information is managed correctly and efficiently.
- Ensuring that the client is advised of the quality of the construction phase plan and information.
- Liaising with the designers and the contractor.
- Ensuring that information on cleaning maintenance is included.
- Ensuring that co-operation and co-ordination take place for the duration of the project.
- Ensuring that the pre-construction information is made available to the team.
- Ensuring that risks are identified and eliminated in relation to the potential harm that they could cause.
Contractors
The responsibilities of contractors remain very similar to the previous provisions, and can be characterised as follows:
- Developing the health and safety construction plan using information provided by the design team.
- Taking control of the site and site operations.
- Ensuring co-operation between the team contractors and consultants.
- Co-operating with, and informing the CDMC to allow the production of an appropriate health and safety file.
- Improving the planning and management of the project from the start.
- Identifying hazards early on, to allow them to be eliminated or reduced at the design and planning stage, and to allow any remaining risks to be properly managed.
- Targeting effort where it can do most good in terms of health and safety.
- Discouraging unnecessary bureaucracy and paperwork.
- Checking that clients are aware of their duties.
- Ensuring the competence of the team employed by the contractor.
- Planning, managing and monitoring their work to ensure safe practice.
- Ensuring that every contractor works safely.
- Ensuring that any design work is undertaken in compliance with designers' duties.
- Ensuring co-operation and co-ordination with the whole team.
- Ensuring welfare provisions are in place at the beginning of the construction phase. On 'notifiable' projects, the contractor should also:
- Ensure that the client understands their duties, that a co-coordinator is appointed, and that the HSE is notified.
- Make sure that they are competent to undertake the project and to handle the issues that will be encountered.
- Ensure that the construction phase is properly planned in all respects.
- Ensure safe methods of working.
- Ensure that the construction phase is planned before construction begins and communicating the plan to all who are involved. The plan must also be implemented and updated as the project progresses.
- Ensure that welfare facilities are in place.
- Liaise with the CDMC to ensure that any design work during the construction phase is undertaken in accordance with the designers' duties.
- Issue relevant information to the CDMC.
- Ensure that the workforce is consulted on health and safety matters.
- Display the project notification.
Previously, competence was an issue attracting varied and copious amounts of paperwork. The new Regulations seek to make this much more straightforward and to ensure that effort is not wasted, whilst also ensuring that the team is sufficiently experienced to undertake the responsibilities required under CDM 2007.
The Workplace (Health, Safety and Welfare) Regulations 1992 (2004)
These Regulations are now part of the CDM requirements and therefore must be considered on every relevant project.
Regulation 9 requires that any project designed as a 'workplace' takes account of these Regulations.
They are set out in Schedule 2 of CDM 2007, and are to be found towards the back of the ACoP. The main headings and areas to be covered include:
Referenced in Schedule 2 -
- Sanitary conveniences
- Washing facilities
- Drinking water
- Changing rooms and lockers
- Facilities for rest
- Safe places of work
- Good order and site security
- Stability of structures
- Demolition or dismantling
- Explosives
- Excavations
- Cofferdams and caissons
- Reports and inspections
- Energy distribution installations
- Prevention of drowning
- Traffic routes
- Vehicles
- Preventions of risk from fire etc.
- Emergency procedures
- Emergency routes and exits
- Fire detection and fire fighting
- Fresh air
- Temperature and weather protection
- Lighting
The key to CDM compliance is not in the documentation, but the effective planning and management of the construction project.
Construction phase plan
It is important that the plan is both proportionate and appropriate. It is not a pre- requisite of CDM to have a large complicated document full of generic information for each and every project. Appendix 3 of the CDM ACoP gives detailed information on the scope and content of this plan.
Health and safety file
A health and safety file must be prepared by the CDM co-coordinator for every structure within a construction project. The file's purpose is to inform owners, occupiers or managers of the completed structure of:
- the 'as built' drawings, rather than those produced in the original design how the structure was built
- details of the structure's equipment, including manuals or instructions on how it should be maintained
- maintenance procedures for the structure itself
- details of the structure's utilities, including information on fire fighting systems and other emergency arrangements.
The Principal contractor also has a duty to ensure that information is added into the Health and safety file until the termination of the construction phase.
The client's responsibility for the Health and safety file is only discharged when he disposes of his entire interest in the structure. The Health and safety file thus endures with the structure and should be added to throughout its life.
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4/15 The Work at Height Regulations 2005
These Regulations came into force on 6th April 2005. The principle objective of these Regulations is to eliminate, where possible, working at height and where this is not possible to ensure the work is carried out safely using appropriate equipment such as ladders, access platforms, scaffolds or rope systems. Other safeguards such as safety nets, harnesses, notices, barriers and exclusion zones should also be considered.The work should only be carried out by those who have the necessary training.
Many of the requirements within these Regulations are already contained in legislation specific to the construction industry. In the WAHR'05 all working at height is covered and the requirements are not limited to any specific height or type of equipment.
WAHR'05 requires all employees and the self-employed to put in place arrangements to:
- Eliminate or minimise risks associated with working at height.
- Ensure work at height is properly organised, planned and adequately supervised
- Select work equipment that is suitable to carry out the proposed work at height.
Where work at height cannot be eliminated/avoided safe means of access/egress must be given all due consideration.
All equipment used must be regularly inspected and properly maintained.
Note that ladders can only be used if a risk assessment under the Management Regulations has demonstrated that the use of more suitable work equipment is not justified because of the low risk and;
- The short duration of use or,
- Existing features of the site which cannot be altered.
- Demonstrate that the work can so far as is reasonably practicable be performed safely while using the system.
- Justify that the use as against other safer work equipment is not reasonably practicable.
- The user has enough personnel who have received adequate training specific to the operations envisaged including rescue procedures.
The WAHR'05 require that handrails for construction work require a height of 950mm. this is an increase from the previous height of 910mm. Where existing handrails are fixed in place they can be left at that height until changed. Any gap between top rail and intermediate rail should not exceed 470mm. Toe boards shall be suitable and sufficient.
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4/16 The Control of Vibration at Work Regulations 2005
These Regulations came into force on the 6th July 2005 and require employers to:- Assess the vibration risks to their employees.
- Decide if employees are likely to be exposed above the daily exposure action value (EAV) and if they are:
- To introduce a programme of controls to eliminate risk, or reduce exposure to as low a level as is reasonably practicable.
- Provide health surveillance (regular health checks) to those employees who continue to be regularly exposed above the action values or otherwise continue to be at risk.
- Prove Information, instruction and training to employees on health risks and actions you are taking to control those risks.
- Consult with trades union or worker representatives on your proposals to control risks and to provide health surveillance.
- Keep a record of risk assessments and control actions.
- Keep health records for employees under health surveillance.
- Review and update risk assessments regularly.
In these Regulations:
Daily Exposure means the quantity of mechanical vibration to which a worker is exposed during a working day, normalised to an eight hour exposure period taking account of the magnitude and duration of the vibration.
Exposure Action Value (EAV) is a daily amount of exposure above which employers are required to take action to control exposure. The greater the exposure level, the greater the risk and the more action the employers need to take to reduce the risk.
Exposure Limit Value (ELV) is the maximum amount of vibration an employee may be exposed to on any single day.
Any employee who carries out work which is liable to expose his/her employees to risk from vibrations must make a suitable and sufficient assessment of the risk created by the work to the health and safety of these employees. The risk assessment must identify the measures that need to be taken to meet the requirements of the Regulations.
The risk assessment must assess daily exposure to vibrations by means of: Observations of specific work practices
Reference to relevant information on the probable magnitude of the vibration corresponding to the equipment used in the particular working condition, and
If necessary measurement of the magnitude of vibration to which employees are liable to be exposed.
What should be done?
Employers should start by identifying if there is a risk of significant exposure from hand-held vibration. This can be done by:
- Which, if any, processes involve regular exposure to vibrations.
- Checking if there are any signs or warnings of vibration risks in equipment handbooks.
- Ask employees if they have any of the hand-held vibration symptoms (HAVS) or if the equipment they use produces high levels of vibration or uncomfortable strains on arms and/or hands.
All of this will involve consultation.
4/17 The Confined Spaces Regulations 1997
Confined spaces are defined as any place where a person may be at significant risk and from which access is restricted.The principal requirements are:
- No person shall enter a confined space to carry out work for any purpose unless it is not reasonably practicable to achieve the purpose without such entry.
- Before entry, employers must carry out a risk assessment of the work activity.
No person shall enter, or carry out work in, or leave a confined space other than in accordance with a system of work that renders the work safe and without undue risk to the health and safety of the person.
4/18 The Health and Safety (Consultation with Employees) Regulations 1996
These Regulations apply to organisations with employees not represented by trade unions. The Regulations require employers to consult with their employees on matters which affect, or could affect, their health and safety.Basically they give the same rights to non-union personnel as those given to trade union members by previous Regulations. In some instances they expand or reinforce previous duties.
The duties of employers:
The duty of employers is to consult with employees in good time on matters relating to their health and safety at work.
NB. 'In good time' means consultation so that the employees views can be taken into account before decisions are taken.
In particular consultation regarding:
The introduction of any measures at the workplace which may substantially affect the health and safety of employees.
NB Employers must provide enough information to allow employees to understand:
- What the likely hazards and risks arising from their work or changes to their work are.
- The measures in place or about to be introduced to deal with the hazards/risks.
- What employees ought to do when encountering hazards/risks including what to do in an emergency?
- The employers arrangements for the appointment, or nomination, of persons to assist in carrying out risk assessments under the Management of Health and Safety at Work Regulations 1999.
- Any health and safety information the employer requires to provide under relevant statutory provisions. For example, the written safety policy and arrangements.
- The planning and organisation of any health and safety training the employer is duty bound to provide under statutory provisions.
- The health and safety consequences for employees from the introduction of new technologies into the workplace. Employees have a choice on how to consult For example:
- Consult through one or more freely elected representatives of the workforce.
- If no elected representatives are appointed, consult directly with the employees. N.B. What matters is that employees, or their appointed representatives are made aware of:
- When their views are being sought regarding health and safety issues.
- Their rights to take part in discussions on all questions relating to their health and safety.
- Adequate training (in-house or external).
- Time off with pay to carry out their functions, or to attend training.
- Adequate facilities to allow him/her to carry out their functions.
- View specific documentation which concerns health and safety issues. Important note; care must be taken not to identify individuals without their consent.
4/19 The Regulatory Reform (Fire Safety) Order 2005 in England and Wales and The Fire (Scotland) Act 2005
The objective of the legislation is to consolidate the general fire safety precautions of a large number of pieces of legislation, which are revoked. This includes the Fire Certificate (Special Premises) Regulations 1976, thus removing the requirement for fire certificates. In general the legislation places responsibility for enforcing general fire precautions on the local Fire Authorities.The legislation introduces a risk-based approach, in contrast to the prescriptive requirements associated with the special premises regulations. This requires the Responsible Person to carry out a risk assessment to demonstrate that the fire safety precautions are adequate.
The principles of prevention that are identified in the legislation are similar to generic risk assessment guidance avoidance, replacing dangerous by less dangerous materials, provision of protective measures etc.
The approach to be followed in providing general fire precautions:
- avoiding risks;
- evaluating the risks which cannot be avoided;
- combating the risks at source;
- adapting to technical progress;
- reducing the dangerous by the non-dangerous or less dangerous;
- developing a coherent overall prevention policy which covers technology, organisation of work and the influence of factors relating to the work environment;
- giving collective protective measures priority over individual measures; and
- giving appropriate instructions to employees.
4/20 The Fire Precautions (Workplace) (FPW) Regulations 1997 including the requirements of the FPW Amendment Regulations 1999
These Regulations apply to all workplaces except for certain ones including:- Workplaces used only by self-employed people.
- Private dwellings.
- Workplaces in or on a construction site to which the Construction (Health, Safety and Welfare) Regulations 1996 apply
- Agriculture or forestry land situated away from the undertaking's main building. Note: There is now no lower limit of occupants of premises under which the legislation applies. These regulations require:
- That a fire risk assessment be carried out.
- There is adequate training to ensure that the fire precautions in place can be correctly used.
4/21 The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR).
DSEAR requires employers to assess the risks of fires and explosions that may be caused by dangerous substances in the workplace. These risks must then be eliminated or reduced as far as is reasonably practicable. The aim is to protect employees and other people who may be put at risk, such as visitors to the workplace and members of the public. The Regulations complement the requirement to manage risks under the Management of Health and Safety at Work Regulations 1999.DSEAR places duties on employers (and the self-employed, who are considered employers for the purposes of the Regulations) to assess and eliminate or reduce risks from dangerous substances. Complying with DSEAR involves:
- Assessing risks
- Preventing or controlling risks Where the risk cannot be eliminated, DSEAR requires control measures to be applied in the following priority order:
- reduce the quantity of dangerous substances to a minimum;
- avoid or minimise releases of dangerous substances;
- control releases of dangerous substances at source;
- prevent the formation of a dangerous atmosphere;
- collect, contain and remove any releases to a safe place (for example, through ventilation);
- avoid ignition sources;
- avoid adverse conditions (for example, exceeding the limits of temperature or control settings)
- keep incompatible substances apart.
- Mitigation In addition to control measures DSEAR requires employers to put mitigation measures in place. These measures should be consistent with the risk assessment and appropriate to the nature of the activity or operation and include:
- reducing the number of employees exposed to the risk;
- providing plant that is explosion resistant;
- providing explosion suppression or explosion relief equipment;
- taking measures to control or minimise the spread of fires or explosions;
- providing suitable personal protective equipment.
- Preparing emergency plans and procedures
- Providing information, instruction and training for employees
4/22 The Safety Representative and Safety Committee Regulations 1977
The Safety Representative and Safety Committee Regulations 1977 provided a set of entitlements to consultation to nominees (safety representatives) of recognised independent trade unions. They gave the right to safety representatives to make a number of inspections, to consult with the employer and to receive information on health and safety matters. The Regulations also provide for training, time off with pay to carry out the functions of safety representation and the right to require the employer to form a safety committee subject to certain requirements.The roles of trade union safety representatives are:
- to investigate possible dangers at work, the causes of accidents, complaints by employees on health and safety and welfare issues and to take these matters up with the employer
- to carry out inspections of the workplace particularly following accidents, diseases or other events
- to represent employees in discussions with health and safety inspectors and to receive information from those inspectors
- to go to meetings of safety committees
4/23 The Health and Safety Information for Employees Regulations 1989
The Health and Safety Information for Employees Regulations 1989 require employers to provide their employees with certain basic information concerning their health, safety and welfare at work. This information is contained in both a poster and a leaflet approved by HSE. Employers can comply with their duty by either displaying the poster or providing employees with a copy of the leaflet.Employers have 2 principal duties under the Regulations:
- either to display the poster OR to distribute the leaflet
- to provide further information giving details of the enforcing authority for the premises and the local address for the Employment Medical Advisory Service (EMAS)
4/24 The Supply of Machinery (Safety) Regulations 1992
These Regulations apply to all new machinery manufactured or supplied in the UK, wherever it is to be used in the European Economic Area (EEA) (The European Economic Area comprises all EU and European Free Trade Area (EFTA) countries with the exception of Switzerland.) The term 'machinery' is broadly defined and includes what is generally understood by the term, as well as some other products.These regulations require all UK manufacturers and suppliers of new machinery to make sure that the machinery which they supply is safe. They also require manufacturers to make sure that:
- machinery meets relevant essential health and safety requirements (these are listed in detail in the Regulations), which include the provision of sufficient instructions
- a technical file for the machinery has been drawn up, and in certain cases, the machinery has been type-examined by a notified body
- there is a 'declaration of conformity' (or in some cases a 'declaration of incorporation') for the machinery, which should be issued with it
- there is CE marking affixed to the machinery (unless it comes with a declaration of incorporation).
4/25 The Chemical (Hazard Information and Packaging for Supply) Regulations 2002
These regulations are commonly known as CHIP.CHIP is the law that applies to suppliers of dangerous chemicals. Its purpose is to protect people and the environment from the effects of those chemicals by requiring suppliers to provide information about the dangers and to package them safely.
CHIP requires the supplier of a dangerous chemical to:
- identify the hazards (dangers) of the chemical.
- give information about the hazards to their customers. Suppliers usually provide this information on the package itself (e.g. a label) and, if supplied for use at work, in a safety data sheet
- package the chemical safely
4/26 The Hazardous Waste (England and Wales) Regulations 2005
The new Hazardous Waste (England and Wales) Regulations 2005 were implemented in July 2005 and replaced the existing Special Waste Regulations 1996.The term 'special waste' was replaced by the term 'hazardous waste'. (In Scotland, 'special waste' and 'hazardous waste' have the same meaning).
A number of types of waste not previously considered to be hazardous, including televisions, computer monitors, fluorescent lighting and end-of-life vehicles are now classified as hazardous.
Since July 2005, most producers of hazardous waste in England and Wales have been required to notify their premises to the Environment Agency.
In Northern Ireland and Scotland, there is no need to register, but pre-notification of Hazardous Waste movements are still required.
It is an offence for hazardous waste to be collected from a site that has not been registered.
The Regulations also ban the mixing of hazardous waste and state that it must be stored separately on site. Registration as a Hazardous Waste producer places a statutory duty on the EA to inspect the site where the hazardous waste arises.
4/27 The Special Waste Amendment (Scotland) Regulations 2004
The introduction of the Special Waste Amendment (Scotland) Regulations 2004 introduced legislation that applies only to Scotland and provides a definition for special waste that aligns it with the term hazardous waste.Special Waste is so called because it has hazardous properties that may render it harmful to human health or the environment. Examples of wastes classed as Special Waste include:
- asbestos;
- lead-acid batteries;
- electrical equipment containing hazardous components such as cathode ray tubes;
- oily sludges;
- solvents;
- fluorescent light tubes;
- chemical wastes; and
- pesticides.
To comply with the Special Waste Regulations employers must ensure that:
- waste is stored correctly and should ensure that they do not mix different types of special waste and ensure that special waste is properly segregated from other waste types. One item of special waste in a skip of household waste will require the whole skip to be treated as special waste;
- they select a waste disposal contractor authorised to transport special waste and check their registration documents;
- obtain a copy of the Waste Management Licence/permit for final destination of your waste and satisfy yourself that this site is authorised to process your waste;
- obtain a Consignment Note and unique code from SEPA. Often the waste carrier will do this on your behalf as part of their waste collection service.
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4/28 The Environmental Protection Act 1990
The aim of the Act is to prevent the pollution from emissions to air, land or water from work processes.The Environmental Protection Act 1990: Part 1 introduced important new controls aimed at limiting and preventing pollution from a wide range of industries in Great Britain - from power stations, oil refineries, municipal and clinical waste incinerators to re-spraying of road vehicles, maggot breeding and crematoria.
Those industries with the greatest potential to discharge polluting substances to air, land and water (called Part A processes) are subject to Integrated Pollution Control (IPC) and are regulated by the Environment Agency in England and Wales and by the Scottish Environmental Protection Agency in Scotland.
IPC's aims were to achieve a balance between air, land and water pollution. For example, in controlling pollution to air, account should be taken of the effect that the chosen control method will have on land or water - the Best Practicable Environmental Option must be selected.
Certain industries, known as Part B processes, are regulated by Local Authorities in England and Wales for Local Air Pollution Control only. Local Authorities are also responsible for control of smoke, noise and other nuisances.
5 Approved Codes of Practice
These are brought in to supplement statutory legislation such as Acts and Regulations.They give guidance on the general requirements and explain how the requirements can best be adequately implemented. This effectively allows standards to be kept current by altering the ACOP rather than having to amend the legislation.
Failure to comply with an ACOP is not in itself an offence, but failure is held to be proof of contravention unless the defender can show the compliance was achieved in some other way.
The test would be that the 'other way' did not in any way circumvent the element of care in the ACOP.
6 Guidance Notes
These are issued by the HSE as opinions of good practice. They have no legal force, but because of their origin would be 'persuasive' in practice with lower courts, and useful in civil cases to establish reasonable standards of care.Back to index.
7 The concept of 'Self Regulation'
Self-regulation is about making a judgement as to what action is required to adequately deal with risks to the health and safety of individuals. The action must eliminate the risk or at least reduce it to tolerable levels.In the event of the judgement being challenged, the onus would be on the defender to show that their decision had been reasonable and logical, based upon all the facts including the degree of danger and risk involved.
8 Attitude to new Regulations and/or ACOP
Employers often cringe when new Regulations or ACOP are enacted. In fact the very opposite should be the case. In 'self regulation', employers, and in particular managers, are expected to decide for themselves what is reasonable, logical and defendable. ACOP are drawn up by a committee of experienced competent personnel who explain in some detail exactly what standards of care would be excepted as being 'reasonable'.Back to index.
9 Supervision and enforcement
9/1 Enforcing body
The Health and Safety Executive (HSE) is the enforcement body of the Health and Safety Commission (HSC).The HSC consists of ten members appointed by the Government from industry, trade unions, local authorities and other interested groups (currently consumers). The HSE have their own team of enforcement officers (inspectors). For lower risk activities and premises such as offices and retail outlets, the powers of enforcement are delegated to local authority environmental departments, whose officers (EHOs) have the same powers as HSE inspectors.
9/2 Powers of inspectors An appointed inspector can:
- Gain access, without a warrant, to a workplace at any reasonable time.
- Employ police to assist them, where necessary.
- Take equipment, etc on to premises to assist in investigations.
- Carry out examinations and investigations as deemed necessary.
- Direct that locations remain undisturbed for as long as he/she deems necessary.
- Take measurements, photographs and samples.
- Take statements, remove certain records and documents.
- Require facilities to assist with enquiries.
- Do anything else necessary to enable his/her duty to be carried out.
9/3 Enforcement
Where an inspector discovers what is considered to be a contravention of an Act or Regulation, they can:- Issue a Prohibition Notice with immediate or deferred effect. Such a notice will prohibit the work described in it. The inspector will issue such a notice where it is considered that there is an imminent risk of serious injury.
- Issue an Improvement Notice that will specify a timescale within which the rectification of the contravention must take place.
- Prosecute any individual who contravenes a requirement or fails to comply with a notice.
- Seize and/or render harmless any substance or article which is considered to be of imminent danger.
9/4 Penalties
The Health and Safety at Work etc Act, section 33 (as amended) sets out the offences and maximum penalties under health and safety legislation.
Failing to comply with an improvement or prohibition notice, or a court remedy order (issued under the HSW Act sections 21, 22 and 42 respectively):
Lowercourt maximum £20,000 and/or 6 months imprisonment
Higher court maximum unlimited fine and/or 2 years imprisonment
Breach of sections 2 — 6 of the HSW Act, which set out the general duties of employers, self-employed persons, manufacturers and suppliers to safeguard the health and safety of workers and members of the public who may be affected by work activities:
Lower court maximum £20,000Higher court maximum unlimited fine
Other breaches of the HSW Act, and breaches of 'relevant statutory provisions' under the Act, which include all health and safety regulations. These impose both general and more specific requirements, such as requirements to carry out a suitable and sufficient risk assessment or to provide suitable personal protective equipment:
Lower court maximum £5,000
Higher court maximum unlimited fine
Contravening licence requirements, or provisions relating to explosives. Licensing requirements apply to nuclear installations, asbestos removal, and storage and manufacture of explosives. All entail serious hazards, which must be rigorously controlled.
Lower court maximum £5,000
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