D Part 9 H & S Regs By J Mc Cann

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Information about D Part 9 H & S Regs By J Mc Cann
Business & Mgmt

Published on March 13, 2009

Author: jim666

Source: slideshare.net


Health and Safety


Health and Safety Management Duties of Employers It is the duty of every employer, so far as is reasonably practicable, to ensure the health, safety and welfare at work of all his employees (HASAWA S2.1). This includes: 2

– provision and maintenance of plant and systems of work that are safe and without risks to health – arrangements for ensuring the safety and absence of health risks in connection with the use, handling, storage and transport of articles and substances – provide such information, instruction, training and supervision as is necessary to ensure the health and safety at workplaces under the employer's control 3

– ensure that work places, plant and processes are safe and without risk to health – provide and maintain safe means of access and egress (entry, exit and escape) from premises and work areas. – provide and maintain a working environment for employees that is safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work. This includes transport, store , handle and use materials in a safe manner. 4

An employer must: – produce and distribute a statement of safety policy and its implementation to all employees. 5

– consult with employees' representatives on matters related to health and safety and establish safety committees if sought by representatives. Such consultation is guided by published codes of practice. 6

– ensure that those who are not employed are informed of safety and hazards for when they work or are present on employer premises and use equipment and materials. 7

The HASAW Act 74 is backed by the criminal law. (nb. Employees whose health and safety is affected at work are also protected by their contract of employment and associated civil law responsibilities in respect of employer negligence and their own responsibility to work with due care and attention). 8

Criminal offences under HASAWA stem from failure to discharge duties, breach of specific sections or non-compliance with an inspector's requirements as authorised by the Act. Directors and senior managers have personal responsibility for health and safety under the Act (individuals are thus not protected by quot;corporate resourcesquot;. It is possible that senior management have carried out all their responsibilities and the failure is traceable to a local operations manager who has failed to carry out policy. Such a manager, as an individual responsible for the reasonable care of others, is also liable under civil proceedings. 9

Common law (case law) Is based on past court judgments,  which explain the facts of cases, the law applying and the court's legal reasoning for conclusions or findings. Case judgments are recorded (Law Reports) and form a body of decisions, interpretations or precedents for other courts to follow. 10

At common law, employers owe employees a general duty to take reasonable care (of themselves and others ) in avoiding injuries, health problems and deaths etc at work. 11

These common law duties are covered by HASAWA (s2) - the general duties of the employer. Employers must provide a safe place of work with safe means of access and egress maintain safe appliances/equipment and plant for doing work maintain safe systems of work employ competent, diligent people to do the work. 12

Duties of employers to persons other  than their employees  Every employer must conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment, e.g. contactors, are not exposed to risks to health or safety (S3.1). 13

NEGLIGENCE (Tort of Negligence) The general law of negligence  contributes to specific aspects of an employer's (and employee's) duty to take reasonable care. To prove negligence, an injured party must demonstrate that; 14

– A duty of care is owed by the defendant (the employer) to the plaintiff (the employee) – That this duty has been breached – Injury, loss or damage stems from the breach. 15

UK Health and Safety at Work Regulations These slides summarize some of the H&S  regulations published over recent years. Readers are recommended to obtain the regulations directly for themselves from the Health and Safety Commission as the summary below offers an illustrative overview only and should not be taken as definitive. 16

The regulations apply to most work activities. They up-date and extend existing UK health and safety law (1974 Act) and impact on employer duties in relation to employees and others affected by work activity. They also affect the self- employed's obligations to protect themselves and others. They cover European Union (EU) Article 118A directives on health and safety at work in relation to: 17

Control over Substances Hazardous to Health (COSHH)   Health and Safety Management  Work Equipment Safety  Manual Handling of Loads  Workplace Conditions  Personnel Protective Equipment  Display Screen Equipment  Construction (Design and Management)  Construction (Design and Management) Regulations 1994 (1) The pre-tender stage health and safety plan and (2) the role of the planning supervisor  Signpost to the Health and Safety (Safety Signs and Signals) Regulations 1996 18

The regulations emphasise sound health and safety management and broad duties to assess risk and prevention by applying protective measures. Further codes/guidance notes are also available on the regulations themselves. 19



These slides gives information on the Health and Safety (Consultation with Employees) Regulations 1996 (HSCER 1996) which came into force on 1 October 1996. They confer duties upon employers to consult with all employees who are not represented by a recognized trade union, on health and safety issues. This information should be read in conjunction with guidance book L95, A guide to the Health and Safety (Consultation with Employees) Regulations 1996. 22

The HSCE Regulations are made under the European Communities Act 1972. They extend to all employees in Great Britain to whom HSW Act applies including non-employed trainees under the Health and Safety (Training for Employment) Regulations 1990, but exclude the master or crew of sea-going ships and domestic servants employed in private households. 23

3 They are separate from but enhance the Safety Representatives and Safety Committees Regulations 1977 (SRSCR 1977) which permits recognised trade unions to appoint safety representatives. The SRSCR 1977 remain in force in their entirety. The HSCER 1996 only apply to employees who are not being represented by safety representatives appointed under the SRSCR 1977 (see paras 8- 9 of L95). 24

5 It is the duty of employers to ensure that they have arrangements in place to meet the requirements of the SRSCR 1977 and/or the HSCER 1996. To implement the HSCER 1996 they must decide whether to consult employees directly or via appointed safety representatives. Enforcement officers will take the appropriate action to enforce this, but should not suggest that any one method is preferable or better. The enforcement of the HSCER 1996 should be informed by the principles of proportionality, consistency, targeting, and transparency, as laid out in MISC 030 10/95, the HSC's Enforcement Policy Statement. 25

6 Enforcement Officers should avoid being drawn into any industrial relations disputes. Disagreements between employers and employees should be resolved through the usual industrial relations machinery with recourse to the Advisory Conciliation and Arbitration Service (ACAS) as appropriate. In such cases, these procedures should first be exhausted, and formal enforcement action regarded as a last resort, since it indicates a serious breakdown in the industrial relations machinery. 26

7 The HSCER 1996 impose requirements which may rarely have to be enforced by the use of an improvement notice, or even prosecution. Further guidance to enforcement officers on both the SRSCR 1977 and the HSCER 1996 is planned. 27

Health and Safety (Consultation With Employees) Regulations 1996 28

Regulation 2 1 The term quot;employeequot; is defined in reg 2(1) as anyone who works under a contract of employment. Workers who are self- employed for fiscal etc reasons, may be employed for the purposes of health and safety legislation. 29

2 Employers do not need to alter any existing arrangements that comply fully with the SRSCR 1977 or the HSCER 1996. Under the SRSCR 1977 letters of notification from the trade union to the employer should state which group(s) of employees each representative covers. If however, a recognized union has failed to appoint representatives and is not going to do so in the near future, then the HSCER 1996 apply in respect of the group(s) of employees concerned. 30

Regulation 3 3 Appendices A and B of the HSE guidance L95, list respectively, the information that employees are required to be provided with, and the training they must receive, under other regulations. Consultation has to be quot;in good timequot; which means that the employers have to provide employees, or their elected representatives, with the necessary information and give them time to discuss the matter and express their opinions before a decision is reached. 31

Regulation 4 4. How this should be done is not prescribed The employer may choose to consult either directly with his employees or indirectly via representative(s) of employee safety elected by the constituencies of employees concerned but the guidance offers advice on deciding which method to employ (paras 15- 19) and, where representatives are to be elected, factors to take into account when organizing elections (paras 25-28). It is not compulsory for employers to keep written records of consultations. 32

REGULATION 5 5 Elected representatives of employee safety must be employees of the employer concerned but are not restricted to representing employees of a particular group or at a particular location, except by the terms of their appointment. The Regulations do not prescribe the number of representatives to be elected or their constituencies - it is for the local parties concerned to agree. 33

RGULATION 6 6 Employees or their elected representative(s) must be given such information as is necessary to allow them to participate fully and effectively in consultation. This is subject to the same exceptions as the SRSCR 1977. 34

REGULATION 7 7 Elected representatives of employee safety may make representations to the employers when they wish - not simply when they are consulted. However, the HSCER 1996 do not place any legal duty upon them. 35

REGULATION 8 8 Employers may have to establish two parallel consultation systems under both the SRSCR 1977 and the HSCER 1996 and co- ordination will be necessary. Trade union appointed representatives have additional powers of investigation, inspection and the formation of and participation in safety committees. 36

REGULATION 9 9 Employers must pay for all reasonable costs associated with necessary training for elected representatives of employee safety, including travel and subsistence, although the source of that training is not stipulated. Both representatives and candidates in elections should be given time off with pay to permit them to perform their functions. Enforcement action will not be appropriate in quot;time offquot; cases, since both employee and representatives have the right to apply to an industrial tribunal. 37

REGULATION 10 10 Anyone wishing to present a complaint to an industrial tribunal under reg. 7 must give certain details using form IT 1 (in Scotland IT 1(Scot)). The Department for Education and Employment (D of E E) booklet quot;Industrial Tribunals procedure (ITL.1)quot; gives guidance to parties concerned in industrial tribunal proceedings. This material is available primarily from local employment offices, job centres and unemployment benefit offices. 38

11 Most complaints to industrial tribunals, apart from those relating to time off with pay, are automatically referred to ACAS before the hearing, so that conciliation can be attempted. LA enforcement officers should be aware of this, and may advise that ACAS will be ready, at the request of either party to the case, to offer advice and/or conciliation, before or after the submission of a formal complaint to an industrial tribunal, so that a conciliation officer can attempt to promote a settlement without the need for a tribunal hearing. 39

12 There is a right of appeal from a tribunal decision on points of law only to the Employment Appeals Tribunal. Parties automatically receive information about how to make an appeal with their copy of the tribunal's decision. LA enforcement officers are therefore unlikely to be involved beyond being asked, before such documents are received, for information which may be given in the general terms indicated above. No attempt should be made to speculate or elaborate on the detailed procedure which is a matter for DfEE. 40

13 No employee may suffer detriment in connection with anything reasonable they do, or propose to do, in connect with health and safety consultation. They are protected by the Employment Rights Act 1996 against detriment and unfair dismissal and may take the matter to an industrial tribunal regardless of how long they have been employed at their place of work. 41

14 Breach of duty under the HSCER 1996 shall not confer any right of action in civil proceedings. 42

15 Although made under the European Communities Act 1972, the HSCER 1996 are, in respect of such matters as who enforces them and powers of inspection, the same as regulations made under HSW Act 1974. NB: a LA enforcement officer may not serve a prohibition notice and has no power to deal with the cause of imminent danger under these regulations. 43

16 The armed forces of the Crown may appoint, rather then elect, representatives of employees safety. Regulation 7(1)(b), (2) and (3) relating to the provision of training for representatives, time off with pay and recourse to industrial tribunals do not apply to the Crown. 44

17 The SRSCR 1977 have been amended so that they apply in respect of employees working in mines. 45

Safety Representatives and Safety Committees Regulations1977. 46

The Safety Representatives and Safety  Committees Regulations 1977. These Regulations give legal rights to safety reps appointed by trade unions recognised by the employer for negotiating purposes.  Safety reps are not legally liable for anything which they do or don't do as a safety rep. However, they have the same responsibilities as all employees. 47

These Regulations give safety reps the legal right to:  represent their members on health and safety matters  raise health and safety complaints with management  investigate potential hazards, and complaints from their members  inspect their members workplaces at least once every three months  make additional inspections if work practices have changed or new information has come to light 48

investigate causes of accidents, dangerous occurrences  and work-related diseases  obtain facilities, assistance and information from their employer, to help them carry out their safety rep functions  obtain information and reports from health and safety inspectors  insist that their employer sets up an agreed safety committee,if there isn't one already  take time off with pay to carry out safety rep functions and to attend TUC or union approved training 49

The Management of Health and Safety at Work Regulations 1992 give the following additional rights: 50

a) to be consulted by the employer in good time on:  any measure which may substantially affect the health  and safety of employees whom the safety rep represents appointment of Competent persons to provide health  and safety assistance to the employer appointment of persons to oversee emergency  procedures any health and safety information provided to employees  whom the safety rep represents the planning and organisation of health and safety  training 51

the effects on health and safety of new  technology. Safety reps must be consulted on this from the planning stage  b) to have provided by the employer any facilities and assistance that safety reps may reasonably require to carry out their safety rep functions 52

Safety committees   Following written requests from at least two safety reps. the employer must form a safety committee. When setting this up, the employer must within 3 months:  consult with representatives making this request and trade union representatives whose members work in any workplace covered by the committee  notify employees of the committee's composition and the workplace area it covers  The employer can give the lead in defining the objectives and functions of the committee, frequency of meetings, chairing, agenda/minutes etc. 53

Occupiers of premises  Under the Health and Safety at Work Act  employers and occupiers of premises have statutory duties to people other than employees The duties cover those  are not their employees but who  use non-domestic premises as a place of work or  where, as provided, they may use plant or substances - thus this would include schools, computer rooms in colleges or adult education pottery studios or even health and fitness clubs. 54

Those controlling the premises must  ensure, so far as is reasonably practicable, that the premises: access/egress, plant/substances on the premises or provided for use etc, are safe and without risks to health. 55

This therefore applies to visitors to a workplace (the factory, the  office, the warehouse, the shop),  employees of a contractor to a firm  members of the public picking strawberries on a farm  students of all ages  shoppers  and many others. 56

Of course to each of these visitors there is  a common law obligation on the part of employers and occupiers - not to be negligent. 57

Management of Health and Safety Regulations 1992 58

These elaborate the employer's broad duties in relation to H&S management (HASAW Act 1974.) and apply to almost all work activities in the UK and offshore. Basically the regulations require employers to demonstrate that they have adopted a systematic and controlled approach to dealing with health and safety and risk assessment. Employers must 59

Do risk assessment  Employers must assess the risks to the health and safety of employees and anyone else affected by the work activity.  necessary preventive and protective measures must be identified.  employers with five or more staff must record the findings of risk audits and how plans and controls are implemented. 60

An employer need not duplicate assessment  work. Assessments done e.g. for compliance with COSHH are likely to contribute to servicing the management regulations. Employers must devise and implement  arrangements for putting measures (plans, organizational arrangements, control systems, monitoring and review methods etc) that follow from risk assessment, into practice. 61

This includes  – emergency procedures – co-operating with other employers sharing a work site – providing employees with clear, understandable information about H&S matters, ensure they have adequate H&S training and are capable enough at their jobs to avoid risks – temporary workers must be provided with particular H&S information to meet special needs. 62

if a risk audit identifies health needs, then  employers must provide appropriate health surveillance for employees  when developing and applying measures needed for compliance, employers must appoint competent people (internal or external) 63

Employee duties Employees are explicitly required to follow  H&S instructions and report dangers  the law requiring consultation of employee safety representatives is extended.  Facilities must be provided for safety reps. 64

Provision and Use of Work Equipment Regulations 1992 65

These consolidate (implementation up to 1997) existing rules (the legacy of piecemeal laws from the past) covering work equipment used across different industries. Duties and minimum requirements are defined for equipment to deal with selected hazards irrespective of the industry. Some up-grades to older equipment may be needed. 66

General Employer Duties 67

make sure equipment is suitable for the  use that will be made of it. Work equipment - covers everything: a hand tool, machines of all kinds, a complete plant such as a refinery. Use - includes starting, stopping, repairing, modifying, installing, dismantling, programming, setting, transporting, maintaining, servicing and cleaning. 68

– take into account the working conditions and hazards of the workplace when selecting equipment – ensure equipment is used only for the operations and conditions for which, it is suitable and that it is maintained efficiently (working order and good repair) 69

– give adequate information, instruction and training on the equipment – ensure equipment conforms with EU product safety directives. 70

The regulations specifically reference – guarding of dangerous parts of machinery (replaces current law) and equipment stability – specified hazards i.e. falling/ejected articles and substances, rupture/disintegration of equipment parts, equipment catching fire or overheating, unintended or premature discharges, explosions – equipment parts and substances at high or very low temperatures – control systems and devices, maintenance operations, warnings and markings. – isolation of equipment from sources of energy – Lighting 71

Further directives set out conditions that much new equipment (especially machinery) must satisfy before it can be sold in EU states. 72


1 The Manual Handling Operations Regulations 1992 (MHO) came into force on 1 January 1993. This circular highlights the key issues for inspection and enforcement by local authority enforcement officers. Practical guidance on the regulations is given in the HSE booklet manual handling: guidance on regulations ISBN 0 11 886335 5. 74

BACKGROUND 2 The MHO Regulations implement  the EC Directive on manual handling (90/269/EEC), one of the first series of individual Directives under the Frame Directive on health and safety (89/391/EEC). 75

3 These regulations seek to reduce the very large incidence of injury and ill-health arising from the manual handling of loads at work. More than 1 in 4 of all reportable injuries are caused by manual handling. These accidents do not include cumulative injuries, particularly to the back which can lead to physical implement or even permanent disablement. 76

4 The MHO Regulations place duties upon employers in respect of their own employees. Identical duties are placed on the self-employed in respect of their own safety. 77

5 The regulations do not impose duties on employers in relation to other persons, e.g. customers lifting goods within a DIY store. However HSW Act, s.3 and provisions of the Management of Health and Safety at Work Regulations 1992 Regulations may be relevant in such cases. 78

6 The regulations have replaced a number of outdated statutory provisions on the manual handling of loads. One exception is OSRP Act, s.23 insofar as it relates to office holders (such as police officers) for whom the application of HSW legislation as a whole is under separate consideration. The Children and Young Persons Act 1933 and its Scottish equivalent have been partially retained. Local Education Authorities (Education Authority in Scotland) will continue to exercise control in this area of enforcement. 79

7 The MHO Regulations apply to all work activities with the exception of those normally covered by Merchant Shipping legislation, for which the Department of Transport are separate provision. Thus the regulations apply fully to the Ministry of Defence, emergency services and offshore activities. 80

8 HSE has published extensive guidance on the regulations which is supplemented by a free booklet. In addition, HSC is strongly encouraging the preparation of more specific guidance where particular industries and sectors would find it helpful. 81

9 The approach to enforcement should initially be to provide advice and guidance, and to generally raise awareness, particularly where requirements are new and more prescriptive. The Lighten the Load campaign is the obvious initiative through which awareness can be raised and advice and assistance given to employers. It is important to ensure employers concentrate on the hierarchy described in Para 16 of this circular and ensure that ergonomic aspects are considered and not merely the weights lifted. Emphasis should be placed on the action planned as a result of any assessment. 82

10 These regulations impose significant requirements not specifically covered in previous regulations. Action has rarely been taken under the general requirements of HSW Act. When readily avoidable unsafe practices are identified, enforcement officers should seek improvements. Where enforcement action is considered, it is advisable to seek advice from EMAS at an early stage. 83

11 It is anticipated that enforcement will be concentrated around reg. 4. Where an enforcement officer is considering proceedings solely for failing to make an assessment they should decide whether the employer has had sufficient time to carry out the task (under reg 4 (1) (b)). 84

12 The MHO Regulations are concerned with risk of injury from a manual handling operation by itself, and not with risks posed by loads which are intrinsically hazardous. They do not apply for example to risks of injury from toxic or corrosive which might contaminate or leak from loads being handled. Such risks are dealt with elsewhere, e.g. by the COSHH Regulations. 85

13 The regulations extend to the manual handling of people and animals. 86

14 The definition of 'manual handling operations' is broadly drawn: ' ..any transporters or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force'. Practical examples are given in the HSE guidance on the regulations. Manual handling implies that an attempt is being made to move a load. Therefore, if a girder being moved manually is dropped and fractures an employee's foot, it is a manual handling accident. If the girder is inadvertently knocked over and causes a similar injury this would not be due to manual handling. 87

15 An important exception is that a tool or machine being used for its normal purpose is not a load. Therefore chainsaws being unloaded from a vehicle would be regarded as a 'load' and subject to the MHO Regulations, but they would not be a 'load' in normal use. 88

16 Reg. 4 sets out a hierarchy of 3 measures: 89

(1) avoid manual handling operations which involve a risk of injury, so far as is reasonably practicable (reg - 4 (1) (a)); 90

(2) assess all such operations which cannot be avoided, taking account of Schedule 1 (reg. 4(1)(b)(i)); and 91

(3) take steps to reduce the risk of injury during those operations to the lowest level reasonably practicable (reg. 4(1)(b)(ii)). 92

17 These measures do not stand in isolation. They follow on from the more general assessment required by the Management of Health and Safety at Work Regulations, reg. 3. 93

18 If there is no evidence of risk of injury, reg. 4 has no effect and the employer has no duty. Deciding the presence and degree of risk will be a matter of judgment in each case. The regulations do not set out the steps employers must take to reduce the risks to their workers. The HSE guidance on the regulations includes some steps that employers will wish to consider in the light of the assessment, but it is up to employers to choose appropriate measures. 94

19 The assessment must be 'suitable and sufficient'. A 'generic' assessment is acceptable if it can legitimately draw together strands common to several operations or employees. For example, the unloading of a variety of materials on building sites and routine delivery to several separate locations might be best covered in a generic assessment. 95

20 The numerical guide-lines provided in Appendix 1 of the HSE guidance should help employers determine which operations carry a greater risk of injury and therefore require a more detailed assessment. The regulations however, set no weight limits and therefore the guidelines are not enforceable. 96

21 Schedule 1 of the regulations provides a list of the factors for which the employer must have regard and the questions to be considered, particularly when making a more detailed assessment of manual handling operations. Appendix 2 of the guidance to the Regulations gives an example of an Assessment Checklist which may be used. Clearly employers can devise their own checklists. 97

22 Most employers should be able to carry out their own assessments; where there are particularly complex manual handling operations it might be necessary to seek outside help, but as a general rule this should not be necessary. 98

23 The duty to make the assessment rests upon the employer; it cannot be passed to the employees concerned, e.g. by 'training them to make their own assessments'. However the employer's assessment might properly conclude that the steps to be taken to reduce the risk of injury should include training which enable employees to deal safely with the range of handling operations they are likely to have to carry out, perhaps without immediate supervision. 99

24 Logically the additional steps required by reg. 4 (1) (b) (iii) form part of the general risk reduction required by reg. 4 (1) (b) (ii). The provision of information about the weights of loads is singled out in the MHO Regulations only because it is mentioned very specifically in the EC Directive (Article 6). Loads will not always need to be marked with their weights; it will often be possible to provide sufficient information in other ways, e.g. through training. Moreover the provision should not be pursued to the exclusion of other steps which can be called for under reg 4(1)(b)(ii) and which might be more effective in reducing the risk of injury.100

25 The employee's duty under reg. 5 extends only to a system of work properly provided. If employers do not fulfill their duty under reg. 4 (1) (b) (ii) , e.g. because the system of work is not 'appropriate', their employees are under no obligation to follow it. The provision should not be seen as a bar to well-intentioned Improvisation, e.g. in dealing with an emergency for which no prior provision could reasonably be made. 101

26 The employee's duty is in addition to that under reg. 12 of the MHSW Regulations which requires the use of machinery and equipment provided, such as handling aids, in accordance with the training and/or instruction given by the employer. 102

Workplace Health, Safety and Welfare Regulations 1992 103

The regulations apply to all places of work and cover 104

 temperature indoor workplaces  ventilation and lighting including Working emergency lighting environment  room dimensions and space 105

 safe passage of pedestrians and vehicles e.g. traffic routes (must be wide enough and marked where necessary and there must be enough of them)  windows and skylights (safe opening, closing and cleaning)  transparent and translucent doors and partitions (use of safety materials and Safety marking)  doors, gates and escalators (safety devices)  floors (construction and maintenance, obstructions and slipping and tripping hazards)  falling a distance and into dangerous substances falling objects 106

 toilets,  washing, eating and changing facilities, clothing storage, drinking water,  rest areas (and arrangements to Facilities protect people from the discomfort of tobacco smoke)  rest facilities for pregnant women and nursing mothers 107

 maintenance of workplace, equipment and facilities Housekeeping  cleanliness  removal of waste materials 108

From 1996, any workplace within the employer's control comes within the regulations. Others connected with the workplace e.g. owners of buildings, must ensure that requirements falling within their control are satisfied. 109

The regulations are supported by a Code of Practice (x) 110

Excluded from these regulations are means of transport   construction sites and sites e.g. mineral resource extraction or exploration.  Workplaces on agricultural or forestry land away from main buildings (however requirements on toilets, washing facilities and drinking water do apply). 111


These replace parts of more than 20 pieces of old law and define principles for selecting, providing, maintaining and using PPE. Recent law dealing with PPE e.g. COSHH or Noise at Work Regulations are not replaced and PPE does not apply where specific similar regulations do. Normally only one set of regulations for all the PPE requirements covering a particular risk needs to be considered. 113

PPE covers all equipment designed to be worn or held to protect against a risk to health or safety. 114

– most types of protective clothing – equipment such as eye, foot and head protections, safety harnesses, life jackets and high visibility clothing. 115

Exceptions e.g. ordinary working clothes and uniforms (including clothing provided only for food hygiene), PPE for road transport (e.g. crash helmets) and sports equipment. 116

PPE should be relied upon only as a last resort. Where risks are not adequately controlled by other means employers have a duty to ensure that suitable PPF is provided, free of charge, for employees exposed to these risks. 117

Suitable PPE means that it is – appropriate for the risks and the working conditions – it takes account of worker's needs and fits properly – it gives adequate protection – it is compatible with another item of PPE that is worn 118

Employer Duties assess the risks and evaluate PPE to be issued  to ensure suitability maintain, clean and replace PPE  provide storage for PPE when not being used  ensure that PPE is properly used and give  training, information and instruction to employees on care and usage. 119

New PPE is also separately subject to the PPE (EC Directive) Regulations 1992 which covers design, certification and testing of PPE. PPE compliant items carry a CE mark. The regulations are supported by further guidance (x). 120

Health and Safety (Display Screen Equipment) Regulations 1992 These cover work involving display screen equipment (for the display of text, numbers and graphics regardless of the display process used). Risks associated with VDUs and work stations are low but eye fatigue and muscular disorders associated with poor design of the ergonomics of the work- station e.g. inadequate furniture, back- problems, glare/lighting, wires etc and fast, all-day typing do occur. 121

The regulations apply where the quot;userquot; is an employee who habitually uses display screen equipment as a significant part of their normal work. 122

Employer duties also extend towards the self-employed using VDUs in their undertakings. 123

Exclusions  – systems on board a means of transport (bus, aero plane) – systems mainly for public use (bank cash dispenser) – portable systems not in prolonged use (laptops?) – cash registers and typewriters with small window displays 124

Employer Duties – audit display screen equipment work-stations and reduce risks that are discovered – ensure that workstations satisfy minimum requirements for the display screen itself, the keyboard, desk and chair, lighting and ventilation in the working environment, the design of the task etc – plan work involving display screen equipment to accommodate breaks and variation in activity – provide information and training for target users. 125

Eye and eyesight tests Display screen equipment users are  also entitled to appropriate eye and eyesight tests by a qualified practitioner and to special spectacles if corrective devices are needed and normal ones cannot be used. The employer must provide tests and special spectacles if required. 126

So far as is reasonably practicable H&S duties under different statutes  vary. Some are absolute and some qualified by terms such as 'where practicable' or 'so far as is reasonably practicable'. 127

Absolute duties Where there is high risk of death or  serious injury should safety precautions not be taken (e.g. in various machine or gas environments) the duty may be an absolute and laid down at law. the Factories Act 1961 covers the fencing/guarding of prime moving machinery for instance. 128

Practicable means more than just physically possible. In a case between Adsett v Steel Founders Ltd it was determined that practicable measures related to what was 'current knowledge and invention'. 'Practicable' thus implies a higher standard of care than the term 'reasonably practicable'. NO consideration of size of company or organization. 129

Reasonably practicable Means comparing the nature/extent of the  risk and the what is involved to minimize/eliminate it in terms of costs, time and effort. If the risk (injury outcomes and probability of occurrence) is low and the costs of elimination are high - then a defendant may be able to argue this particular case. This does not however give grounds for complacency. the defendant would be in a better position if a systematic risk assessment has been undertaken. 130

Recent legislation, such as the Control of Substances Hazardous to Health (COSHH) Regs 1988, Electricity at Work Regulations 1989 and the Pressure Systems/Transportable Gas Containers Regs 1989 has tied in a defense (from food safety legislation) enabling someone charged to argue that they took quot;all reasonable precautions or steps and exercised all due diligencequot; to prevent the offence occurring. Proof of management, operation of systems and procedures and supporting documentation e.g. internal codes of practice, will be needed to support the defense. 131

The Working Time Regulations 132

DTI Employment Relations - Working Time Regulations. 133

The Working Time Regulations came into force on 1 October 1998 and were amended in 1999. The Regulations implement the European Working Time Directive and parts of the Young Workers Directive which relate to the working time of adolescent workers aged between 16 (school leaving age) and 18. Certain sectors, such as transport, and occupations, such as junior doctors, are excluded from the scope of the Regulations. 134

The basic rights that are provided by the Regulations include: 135

a limit of an average of 48 hours a week which a  worker can be required to work (though workers can voluntarily work more if they want to)  a limit of an average of eight hours work in 24 which night workers can be required to work  a right to a day off each week  a right to a rest break if the working day is longer than six hours  a right to 11 hours rest a day  a right to four weeks‟ paid leave per year. 136

Unless you, as an individual, have signed an opt out agreement with your employer, these regulations apply to you. 137

What do these rights mean? 138

The maximum working week. 139

The maximum working week including overtime, is now set at 48 hours per week (i.e. seven days) when averaged over 17 weeks. This is known as the reference period. 140

The average is calculated as follows: The total amount of hours worked in  the reference period + the amount of hours worked in a number of days following this period, equal to the number of days taken as holiday, sick or maternity leave during the 17 week period¸ 141

This means that it is possible to work more than 48 hours in any given week, provided that the average over the reference period does not exceed 48 hours. 142

Night workers. Night workers must not normally work  more than 8 hours in each 24-hour period when averaged over the reference period. Unless an agreement says that one reference period starts after the previous one finishes, i.e. the 17-week periods succeed each other, the reference period is any 17 weeks during the course of employment. 143

The average is calculated as follows: The total amount of hours worked at  night in the reference period ¸ the number of days worked (total number of days minus rest days). 144

The total amount of hours worked at night in the reference period ¸ the number of days worked (total number of days minus rest days). 145

Weekly rest period. Adult workers are entitled to an  uninterrupted rest period of at least 24 hours in each seven-day period they work. The employer can decide that this is taken as two uninterrupted rest periods of at least 24 hours in each 14 day period, or one uninterrupted rest period of at least 48 hours in each 14 day period. This means that you cannot work more than 12 consecutive days without a break. 146

Young workers (under 18) are entitled to at least 48 hours in each seven-day period. This may be interrupted. 147

Rest breaks. Workers are entitled to a rest break where they  work more than six hours in a day. The length of the rest break and the way in which it is taken are determined by collective or workforce agreements. However the rest break must be an uninterrupted period of at least 20 minutes and away from the workstation if the worker has one. It must also be a „break‟ and cannot be taken either at the start, or at the end, of the working time. 148

Young workers are entitled to a rest break of 30 minutes where the daily working time is more than four and a half hours. 149

Daily rest. Adult workers are entitled to at least  11 consecutive hours rest period in each 24-hour period. 150

This means that there should be a break of at least 11 hours between the end of one working day and the beginning of the next. 151

Young workers are entitled to at least 12 consecutive hours in each 24-hour period. 152

Paid leave. Workers are now entitled to four  weeks paid leave in any leave year. 153

The leave year begins on the date provided for in an agreement or contract or, where it is not specified, on the date which employment begins. Unless this was on or before 1st October 1998 in which case it begins on 1st October. 154

–Injuries, Diseases and Dangerous Occurrences Regulations 1985 The reporting requirements of these regulations covering everyone at work, require all employers and self-employed to report immediately by phone if (as a result of or in connection with the work) 155

someone dies, receives a major injury or is  seriously affected by e.g. poisoning, electric shock.  there is a dangerous occurrence (near miss) 156

A written report has to be sent within 7 days 157

to confirm a telephoned report of a death, major  injury etc to notify an accident resulting in injury that  stops someone doing their normal job for 3 days or more to report certain diseases suffered by certain  types of workers report occurrences e.g. involving flammable gas  in domestic and other premises 158

Designers, manufacturers, importers and suppliers 159

The HASAW Act section 6 (as amended by S36 and Schedule 3 of Consumer Protection Act 1987 - articles for use at work) places specific duties on the designers, manufacturers, importers and suppliers such people must: 160

ensure, so far as is reasonably practicable, that articles  they design, constructed, make, import, supply etc are safe and without risks to health at all times e.g. when it is being set up , cleaned, used or maintained by someone at work  carry out (or arrange for) such testing and examination necessary to perform the duties above  take steps to ensure that those supplying someone with quot;the article/substancequot; have adequate information about its designed and tested use. This includes essential conditions for dismantling and disposal  act to ensure, so far as is reasonably practicable, that people so supplied are given updated information where it becomes known that the article/substance gives rise to serious risk to health/safety. 161


Work related stress As „stress‟ is the most popular and  commonly used term to describe this experience, HSE has chosen to retain the use of this word and define it as “the adverse reaction people have to excessive pressure or other types of demand placed on them.” Pressure in itself is not necessarily bad and some people thrive on it, it is when the pressure is experienced as excessive by an individual that ill health can result. 163

Some academics have argued that stress is an almost meaningless term and does not exist. However numerous research reports have shown that whatever you choose to call it, there is a clear link between poor work organisation and subsequent ill-health. 164

Although stress can be experienced in all areas of life, figures from a 1995 survey indicated that ill health stemming from work-related stress is the second biggest cause of occupational ill health in Great Britain. 165

HSE commissioned research has indicated that: about half a million people experience  work-related stress at a level they believe was making them ill;  up to 5 million people in the UK feel “very” or “extremely” stressed by their work; and  work-related stress costs society between £3.7 billion and £3.8 billion every year (1995/96 prices). 166

Between 50% and 60% of absenteeism has been related  to work-related stress.  It is estimated that 16% of male and 22% of female cardiovascular diseases in the EU are due to work- related stress. Other diseases and conditions associated with this issue include musculoskeletal disorders and mental health problems.  One of the most common causes of stress is lack of control at work. 35% of employees, for instance, say they have no say in the order of their tasks and 55% claim no influence over how long they work. Monotony, tight deadlines (29% of staff claim to work regularly to these) and bullying are some of the other factors that enter the equation. 167

Bullying: The HSC/E recognise that relationships at work (including negative relationships involving bullying and harassment) can be a source of work-related stress. Primarily an industrial relations issue and as such should be dealt with by employers‟ internal grievance and disciplinary procedures long before it becomes a risk to employees' health. Remember also that line managers can be affected by bullying or intimidating behaviour from employees. 168

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