Health and Safety Law

Health, Safety and Welfare Law

This Appendix summarizes the principle Acts and Regulations of UK law related to the management of health and safety.

Fire Precautions Act 1971 and Fire Precautions (Workplace) Regulations 1997

Places of work requiring a fire certificate are defined as those:

Employing more than 20 people
Employing more than ten persons above/below the ground floor
Buildings of multiple occupation where the aggregate of people at work exceeds the above totals
Premises where explosives or highly flammable materials are stored or used in or under the buildings

The fire certificate contains information concerning the use of the premises and also specifies the following:

Means of escape (as per the route specified on the drawings – usually attached)
Fire-fighting equipment
Fire-alarm system
Particulars concerning any explosives etc. to be used or stored on the premises.

General duties of employers

To provide a means of escape
To provide a means of fighting the fire
To ensure that a fire certificate is kept on the premises (preferably displayed)
To provide adequate training and keep records accordingly
To inform the fire authority of any changes to the building, internally and externally
Fire risks within the workplace to be assessed
To provide emergency routes and exits
To provide means of fighting and detecting fire
To ensure that the maintenance and testing of equipment is carried out by a competent person in accordance with manufacturer’s instructions

Health and Safety at Work Act etc. 1974 (HASAWA)

General duties of employers

The Act imposes a duty on all employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees, including:

Providing and maintaining safe premises, equipment and systems of work
Making arrangements for ensuring safe use, handling, storage and transport of articles and substances
Providing information, training and supervision to ensure the health and safety at work of employees
Maintaining a safe workplace and adequate welfare facilities
(For employers with five or more employees) producing and maintaining a written statement of health and safety policy
Ensuring that non-employees (contractors, the general public, work experience staff, temporary staff, visitors etc.) are not exposed to risks resulting from workplace activities
Providing adequate personal protective equipment free of charge.

General duties of employees

The Act also requires employees:

Take reasonable care for the health and safety of themselves and others who may be affected by their acts or omissions
Cooperate with employers and any other persons so far as is necessary to enable them to carry out statutory provisions
Not intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety and welfare.

Safety Representatives and Safety Committees Regulations 1977, and Health and Safety (Consultation with Employees) Regulations 1996

Safety Representatives and Safety Committees Regulations 1977

If an employer recognizes a trade union and that trade union has appointed, or is about to appoint, safety representatives, then the employer must consult those safety representatives on matters affecting the group(s) of employees they represent.

Health and Safety (Consultation with Employees) Regulations 1996

Any employees not in groups covered by trade union safety representatives must be consulted by their employers either directly or through elected representatives.

Under both sets of Regulations the employer has a duty to make sure that the elected representatives receive the necessary training to carry out their role effectively, given them the necessary time off with pay and pay any costs incurred.

Electricity at Work Regulations 1989

General duties of employers

All electrical equipment shall at all times be of such construction to as to prevent danger
All electrical equipment and associated work activities to be maintained so as to prevent danger
Any equipment provided for the protection of persons working on or near electrical equipment to be maintained
All equipment to be protected so as to prevent any danger to users when exposed to adverse effects (weather, temperature, pressure, dust/dirt, natural hazards)
Ensure the correct insulation, protection and placing of conductors to prevent danger
Ensure earthing or other suitable precautions to prevent danger resulting from any conductor becoming charged (this may also include the conductive parts of equipment such as outer metallic casings which, although not live, may become live under fault conditions)
Joints and connections shall be mechanically and electrically suitable for use
Install means of protecting from excess of current within every part of a system, usually in the form of fuses or circuit breakers
Have in place readily available means of cutting off and isolating the supply
Precautions to be taken when working on equipment made ‘dead’.
No person to be allowed to work on or near any live conductor not suitably covered with insulating material (this includes underground and overhead cables)
Adequate working space, means of access and lighting when working with or near electrical equipment, where work is being carried out in circumstances that may give rise to danger
Persons employed on any work activity where technical knowledge or experience is necessary to prevent danger or injury must be competent or suitably supervised

General duties of employees

To co-operate with the employer in meeting the requirements of the Regulations
To comply with the Regulations

Noise at Work Regulations 1989

General duties of employers

To make a formal noise assessment where employees are likely to be exposed to the noise
To identify which employees are exposed and provide information.
To review any assessments when significant changes in the work have taken place or when the original assessment is no longer valid.
To keep records of all assessments made
To reduce the risk of exposure to the lowest level reasonably practicable
To reduce, so far as is reasonably practicable, the exposure of employees to second action level (90dB(A)) or above or peak action level or above, by means other than the provision of personal ear protection
To provide ear protection when an employee is exposed between first action level and second action level, at the employee’s request.
To provide suitable ear protection when an employee is exposed between second action level and peak action level or above which will bring the level down
To identify ear protection zones with mandatory signs where areas exist between second action level and peak action level or above
To ensure all employees and others entering any such above area wear personal ear protectors
To ensure correct use of equipment and that it is fully maintained
To provide adequate information, instruction and training to every employee exposed between first action level and peak action level or above on the risks of hearing damage; precautions to take; how to obtain ear protectors; obligations of the employee

General duties of employees

To make full and proper use of personal ear protectors where provided
To make full and proper use of any other protective measures provided
To report any defects to the employer

Health and Safety (Display Screen Equipment) Regulations 1992 (DSE)

The Regulations apply to all workstations with a display screen mainly used for text, line drawing and graphics.

General duties of employers

Analysis of workstations and identification of measures to reduce risks to lowest extent reasonably practicable
Analysis of daily routines of users
Provision of eye and eyesight test
Provision of information and training.

Management of Health and Safety at Work Regulations 1992

General duties of employers

Employers are required to carry out suitable and sufficient risk assessments:

Identifying the significant risks arising out of work
Enabling the employer to identify and prioritize necessary measures to comply with the relevant statutory provisions
Appropriate to the nature of the work and valid for a reasonable period of time

In addition, employers are required to:

Make arrangements for implementing health and safety measures identified by risk assessments
Provide health surveillance where necessary
Appoint competent people to assist in undertaking the measures necessary to comply with statutory requirements
Set up emergency procedures for serious and imminent danger and danger areas
Provide employees with comprehensive and relevant information on health and safety matters
Co-operate with any other employer who shares a work site
Provide health and safety information to people working for them who are not their employees
Ensure that employees are adequately trained in health and safety matters and capable of carrying out their work duties without risk to themselves or others
Consult safety representatives
Manage the health and safety of new and expectant mothers at work.

General duties of employees

Use correctly all work items provided by the employer in accordance with training and instruction
Co-operate with the employer
Notify the employer of any work situation which might present a serious and/or imminent danger
Inform the employer of any shortcomings in the health and safety arrangements, for example where the risk assessment is inadequate

Manual Handling Operations Regulations 1992

Manual handling is defined as transporting or supporting a load, and includes lifting, putting down, pushing, pulling, carrying, moving by hand or bodily force.

General duties of employers

These Regulations apply to all manual handling tasks involving a risk of injury. Hazardous manual handling operations should be avoided wherever possible.

Where manual handling cannot be avoided, employers must organize workstations (Workplace Regulations) where manual handling can take place as safely as possible. Employers must risk assess the health and safety conditions of the type of work involved and take appropriate measures to avoid or reduce the risk. In doing this they must take account of the:

Requirements of the task
Characteristics of individuals
Characteristics of the load
Environment.

Any assessment should be reviewed by the employer if there is reason to suspect that it is no longer valid or there has been a significant change in working practices.

General duties of employees

Employees have specific duties to make full and proper use of any equipment or system provided for manual handling.

Personal Protective Equipment at Work Regulations 1992 (PPE)

Personal protective equipment (PPE) includes:

Protective clothing – aprons, gloves, safety footwear, safety helmets, high-visibility waistcoats, protective clothing for averse weather conditions
Protective equipment – eye protectors, life jackets, respirators, underwater breathing apparatus and safety harnesses.

General duties of employers

Employers have the following duties:

To carry out and review risk assessments and organize the selection of suitable PPE
To provide suitable PPE
To ensure the compatibility of PPE. If more than one item of PPE has to be worn then the PPE should be comfortable, compatible and continue to provide effective protection against risk.
To make sure that PPE is effectively maintained
To provide appropriate accommodation for PPE when it is not in use
To provide adequate information, instruction and training and supervision
To take steps to ensure that PPE is properly used

General duties of employees

It is the duty of employees to use any PPE provided in accordance with instructions and training, and to report any loss or obvious defect immediately.

Provision and Use of Work Equipment Regulations 1992 (PUWER)

The Regulations place on the employer the prime responsibility for the health and safety of works using work equipment, and set a number of general duties such as:

Ensuring the suitability of work equipment
Informing employees of the conditions in which it will be used
Ensuring that it is maintained in good order
Provision of adequate information, instruction and training to users
Provision of equipment that conforms with EU product Directives

Specific requirements within these Regulations cover:

Guarding
Protection against specific hazards
Work equipment parts and substances at high or very low temperatures
Control systems
Isolation from sources of energy
Maintenance operations
Warnings and markings.

Workplace (Health, Safety and Welfare) Regulations 1992

The Regulations are split into four broad areas:

Working environment: temperature, ventilation, room space, lighting etc.
Safety: safe passage of pedestrians and vehicles, windows (cleaning, safe opening and closing), floors, doors/gates, falls and falling objects
Facilities: sanitary accommodation, clothing storage and rest areas
Housekeeping: maintenance of the workplace, equipment and facilities, cleanliness and removal of waste materials

Control of Substances Hazardous to Health Regulations 1994 (COSHH)

General duties of employers

Prohibition of certain harmful substances
An employer may not carry on any work which is liable to expose any employee or other person to a substance hazardous to health, unless a suitable and sufficient assessment has been made of the risks to health created by that work and the necessary measures to control exposure
Every employer shall ensure that the exposure of employees to hazardous substances is either prevented or adequately controlled
Any control measure provided (eg. local exhaust ventilators) should be maintained in efficient working order and in good repair (at least once every 14 months)
Routine monitoring should be carried out. Records must be kept showing when monitoring was done, the findings and what measures were put in place
Health surveillance must be carried out if the employee is exposed to any of the substances listed within the Regulations, and records of the surveillance kept for at least 40 years (if the employee is identifiable) or five years in any other case, from the date of the last entry
Pay for health surveillance checks
Provide relevant information, instruction and training to persons exposed to hazardous substances within the working environment

General duties of employees

To co-operate at all times
To attend health surveillance checks during working hours if required
To have access to health surveillance records
To wear suitable PPE as appropriate
To make full and proper use of any control measure provided
To report any defects in equipment provided
To store correectly in accommodation provided

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)

Injuries or conditions include:

Specified fractures (other than to fingers, thumbs or toes) and amputations
Dislocation of shoulder, hip, knee or spine
Loss of sight (temporary or permanent)
Injury caused by electrical equipment
Loss of consciousness due to lack of oxygen
Decompression sickness
Illness resulting from inhalation, ingestion or absorption of any substance
Illness though to have been caused by exposure to a pathogen or infected material
Any injury causing the person to be admitted to hospital for more than 24 hours
Acts of non-consensual physical violence done to a person at work
Death or injury, where a member of the public is taken to hospital

Reportable diseases include:

Poisonings
Skin diseases, occupational dermatitis, skin cancer, chrome ulcer
Lung diseases, occupational asthma, pneumoconiosis, mesothelioma
Musculoskeletal disorders

Dangerous occurrences include:

Collapse or failure of any load-bearing parts of a crane or access platform
Explosion or failure of a pressure vessel
Electrical short circuit attended by fire and plant stoppage for 24 hours
Explosion or fire in plant, with plant stoppage for 24 hours
Sudden uncontrolled release of highly flammable liquid or gas
Collapse of scaffold more than 5m high of more than 5 tonnes of building

General duties of employers

To provide employees with clear guidelines on reporting procedures
To notify the enforcing authority by the quickest practicable means within ten days of accident/incident occurring
To fill in approved form – F2508
To report the death of an employee in writing to the enforcing authority as a result of an accident at work which causes death within one year of the accident
To appoint a responsible person to report to the enforcing authority if a person suffers from any specified occupational disease
To report any gas (mains, LPG) incident causing death or injury – form F2508G
To keep records of every event reported for three years
To ensure that records are made available to the HSE and safety committees on request