regulations

Vol. 1, Issue 8 (Jun 00) Management of Health & Safety at Work Regulations 1999

The original “Management of Health and Safety at Work Regulations 1992″ have been repealed. They have been replaced by the “Management of Health and Safety at Work Regulations 1999″.

Regulation 3. Covers the risk assessment procedure – similar to the original standards.

Regulation 4. The is now “Principles of prevention to be applied” and include.

a). Avoiding the risk.
b). Evaluating the risk.
c). Combating the risk at source.
d). Adapting the work to the individual especially as regards the design of the workplace, the choice of work equipment and the choice of working and production methods with a view, in particular, to alleviating monotonous work and work at a predetermined work rate and to reducing their effect on health.
e). Adapting to technical progress.
f). Replacing the dangerous by the non dangerous or the less dangerous.
g). developing a coherent overall prevention policy which covers technology, organisation or work, working conditions, social relationships and the influence of factors relating to the work environment.
h). Giving collective protective measures priority over individual protective measures.
i). giving appropriate instructions to employers.

Regulation 5. Covers health and safety arrangements.

Regulation 6. Health and safety surveillance.

Regulation 7. Health and safety assistance.

Regulation 8. Procedures for serious and imminent dangers.

Regulation 9. Contact with external services. With regard to first aid and medical care.

Relation 10. Information for employees.

Regulation 11. Information for employees.

Regulation 12. Persons working in host employers or self employed persons undertaking.

Regulation 13. Capabilities and training.

Regulation 14. Employees duties.

Regulation 15. Temporary workers.

Regulation 16. Risk assessment in respects of new or expectant mothers.

Regulation 17. Certificate from registered practitioner in respect of new or expectant mother.

Regulation 18. Notification by new or expectant mothers.

Regulation 19. Protection of young persons.

It also “alters” other regulations, for instance changes under the “Health and Safety (First Aid) Regulations 1981″ & changes to the part of the “Construction (Design and Management) Regulations 2007″.

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Vol. 1, Issue 1 (Apr 98) Construction (Design and Management) Regulations 1994

CDM Regulations 1994. During the first year these regulations were in place (Apr’95 till Mar’96) the HSE served many prosecutions, prohibition and improvement notices.

Prosecutions and Fines.

An architect’s office was prosecuted for failing to inform their client that they (the client) had duties under the regulations. They pleaded guilty and were fined £500.

A principal contractor was prosecuted and fined £2000 for failing to produce an adequate health and safety plan.

Another case related to a client RP (name withheld) who was prosecuted and fined £2500 plus £600 court costs, for failure to appoint a planning supervisor. In the same case another company were fined over £1000 plus costs for failing to ensure the
safety of their employees.
A sole trader, a designer was fined £3000 as they had failed to ensure the design contained adequate information about health and safety.
Other cases include:-
A client who failed to appoint competent persons, and allowed the construction phase to begin without an adequate health and safety plan. Fines totalled more than £3000.

When do the regulations apply?

The CDM Regulations apply to most common construction projects. There are some circumstances where they do not apply.

What are some of the client and client’s duties?

Whether you are a client or clients’ agent you have the following duties.

  • Appoint a planning supervisor.

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Provision and Use of Work Equipment Regulations 1998. ‘PUWER’

The requirements of this regulation covers many areas of work equipment, from office equipment to large presses and machinery found on production lines. Many of the provisions found will not apply to the more basic types of equipment. For hazardous work equipment careful assessment will be required to ensure that the relevant provisions of the Regulations are complied with.

Taking into account suitability of equipment, maintenance inspections, specific risks, dangerous parts of machinery, protection devices, controls and control systems and lighting.

Assessment – PUWER (Microsoft Word .doc)

The following are likely to apply:-

  • inspection and maintenance of the work equipment,
  • provision of information, instruction and training,
  • marking of controls,
  • provide lighting on equipment that is necessary,
  • ensure that mobile work equipment for carrying persons is suitable,
  • ensure that mobile equipment has protection for rolling over,
  • ensure that mobile equipment has suitable facilities to prevent unauthorised starting,

Newer equipment should bear a “CE” mark to indicate that is conforms to relevant safety standards for the supply of equipment within the EC – but this may not necessarily protect the user and the employer where conditions are unsafe.

If equipment is purchased the risk associated with the operations must be suitably controlled. This could be by providing guards (fixed or automatic etc). Provision of training for the newly introduced work equipment and ensuring that safe working practices are issued, adopted and followed and ensuring that users of the equipment are competent.

Regular service and maintenance of the equipment will be required, suitable maintenance schedules should be adopted and include the nature and frequency of these maintenance tasks should allow for and include, the manufactures or suppliers recommendations,

Services we can provide.

Risk assessments, training advice and information.

Downloads:

Assessment – PUWER (Microsoft Word .doc)
Hand Arm Vibration – HAVS (Microsoft Word .doc)
Vibration (Microsoft Word .doc)
Hand Arm Vibration Measurements and Estimates (Microsoft Word .doc)

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Manual Handling Operations Regulations 1992

There are many persons being injured in the workplace due to poor lifting techniques. This regulation has been applied to cross-cover all workplaces. It requires the need to adopt a risk management approach to reducing risks of injury when persons undertake manual handling activities.

The definition of manual handling includes the following:-

Any transporting or supporting loads – this includes putting down, pushing, pulling, carrying and supporting a load whilst in a static position.

Where an effort is applied either directly or indirectly to a rope or level it is still considered to be manual handling.

Generally the main requirements for manual handling adopt a hierarchy of risk to avoid the need to carry out manual handling and assess the risk.

Services we can provide.

We can provide manual handling training to employers and employees.

Downloads:

Assessment – Manual Handling (Microsoft Word .doc)

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Personal Protective Equipment Regulations 2002

Taking into account suitability, design, usage and user.

We can complete thorough inspection of harness and associated personal protective equipment.

Identify the hazards.

When assessing the need first identify the hazards that may be present, such as eye protection, splashes of liquids, airborne dust etc, it might be appropriate to issue impact-resistant eye protection.

Employers need to take into account the nature of the hazard and the demands of the job.

Physical effort required methods of works, how long the PPE has to be worn, need for good visibility etc.

Provide more than one size. The general rule is that personal protective equipment should always fit the worker and not the other way around.

Workers who may have been involved with the selection process are more likely to accept the need for the provision of personal protective equipment.

Periodic examination could include the cleaning, disinfection, repair and replacement, and testing of the equipment.

Some equipment requires basic checks other equipment such as harnesses require greater inspection by a competent person.

Employers should ensure that:-

PPE is to be examined by a trained and competent person before it is issued to workers to ensure it is in good working order. Arrangements should be in place to clean and disinfect PPE that may be used by numbers of persons. Users of selected PPE should examine the equipment before using it to ensure that it is not defective. That the manufactures maintenance schedules are completed and that any examination and tests are recorded.

Services we can provide.

We can assist with the selection prior to use, inspections of equipment i.e. hard hats, fall protection harnesses hearing protection, etc.

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Workplace (Health, Safety and Welfare) Regulations 1992

The regulations deal with the structure and layout of the building as they affect workers and facilities for workers.

They apply to the following areas of the workplace:-

  • Maintenance of workplace and of equipment, devices and systems,
  • Ventilation,
  • Temperature in indoor workplaces,
  • Lighting,
  • Cleanliness and waste materials,
  • Room dimensions and space,
  • Workstations and seating,
  • Condition of floors and traffic routes,
  • Falls or falling objects,
  • Windows, and transparent or translucent doors, gates and walls,
  • Windows, skylights and ventilation,
  • Organisation etc of traffic routes,
  • Doors and gates,
  • Escalators and moving walkways,
  • Sanitary conveniences.
  • Washing facilities,
  • Drinking water,
  • Accommodation for clothing,
  • Facilities for changing clothes,
  • Facilities for rest and to eat meals.

Services we can provide.

We can carry out workplace audits and / or hazard spotting exercises in the workplace.

Downloads:

Workplace Pro-Forma (Microsoft Word .doc)

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Management of Health and Safety at Work Regulations 1999

The Management of Health and Safety at Work Regulations 1999 (The Management Regulations). Regulation 3 requires that suitable and sufficient assessment be made of:-

  • The risks to the health and safety of all employees whilst they are at work;
  • The risks to health and safety of all persons arising from company’s operations;
  • The identification of the measures required to comply with the relevant statutory conditions.

The Risk Assessments will be documented and revised if there is significant change in the risk. These Risk Assessments will be reviewed at least annually.

Interpretation of Risks.

  • Hazard: A situation likely to cause injury or damage to persons or property.
  • Hazard Material: A material likely to cause injury or damage to persons or property.
  • Risk: The probability that the hazard (hazardous material) will cause injury or damage to persons or property.

Link to: -

Assessment – Guidance (Microsoft Word .doc)
Audit Checklist (Microsoft Word .doc)
Checklist Hazards (Microsoft Word .doc)
Five Steps to Successful Health And Safety Management (Microsoft Word .doc)
General Hazards (Microsoft Word .doc)
Assessment – Shift Workers (Microsoft Word .doc)

Risk Assessments

Risk assessments will take account of the requirements of Regulation 4 and the associated schedule 1 of the regulations. These refer to the “Principles of Prevention” to be applied as set out below

(a) Avoidance of risks;
(b) Evaluation of the risks, which cannot be avoided;
(c) Combating risks at source.
(d) Adapting the work to the individual, especially as regards to the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health.
(e) Adapting to technical progress.
(f) Replacement of the dangerous by the non-dangerous or the less dangerous.
(g) Development of a coherent overall prevention policy which covers technology; organisation of work, working conditions, social relationships and the influence of factors relating to the working environment;
(h) Giving collective protective measures priority over individual protective measures and
(i) Giving appropriate instructions to employees.

Health Surveillance

Where indicated by risk assessment, the Company should provide health surveillance appropriate to health and safety risks identified by that assessment.

Where such health surveillance is indicated, the Company will require potential new employees to provide evidence to show that their surveillance has been in operation before the employment.

Health and Safety Assistance

The company should train supervisors to a suitable level of competence in health and safety. Such “Competent Persons” shall then be appointed to assist in the management of health and safety in the workplace.

The company should also appoint a qualified competent person, to be available to the for advice and assistance as required. This need not be an external appointment.

The company should arrange, for regular formal and informal consultation with its employees consultation on matters of health and safety, these could include ‘toolbox-talks’.

Formal meetings should be held as required, to discuss matters of health and safety. These could be in accordance with the Health and Safety (Consultation with Employees) Regulations 1996. Such formal meetings should be recorded in the Health and Safety meetings file.

Procedures for Serious and Imminent Danger

The company should establish procedures for serious and imminent danger. These may include bomb threats to the building, site or area, potential collapse of structures or working platforms, release of hazardous substances, fire

These procedures should as far as reasonably practicable be provided to the site. Where employees have been exposed to such situations, they should be provided with information on the hazards and any steps to be taken for self-protection.

The procedures should provide for work to stop and employees to go to places of safety for role call, a return to work should be prevented until the serious or imminent danger is passed.

Contacts with External Services

The emergency procedures set out should include advice on the local emergency services.The procedures should be site specific and include the methods of contact in emergency whether this is direct or via the site supervisor or other employers in shared workplace areas.

Information for Employees

Employees should be provided with comprehensible and relevant information on the following and will be required to confirm in writing that they have understood that information.

  • Risks identified by the assessment
  • Protective and preventative measures
  • Emergency procedures
  • The identities of appointed competent persons
  • Risks in workplaces where other employers are also present.

Co-operation and Co-ordination

Where other employers share the workplace the should: -

  • Co-operate with others to enable them to comply with statutory obligations
  • Co-ordinate the safety measures required
  • Inform other employers of the risks created in the course of the company’s work. In addition the company should provide comprehensive information on the work and procedures for the other employers.

The Company as Host Employer

Where the Company employs other employers as sub-contract or to provide a service, it should ensure that the employer / employees from the outside undertaking who are working on behalf of the company are provided with comprehensible information on: -

  • Risk to employees health and safety arising out of the work of the Company (host) employer
  • Measures taken by the company, and
  • The protective and preventative measures taken by the company as if they were its own employees.

Capabilities and Training

The company should; -

  • Take account of the capabilities of employees as regards to health and safety
  • Provide health and safety training to employees:-
  • On their recruitment – on exposure to new or increased risks, i.e. transfer to different work, new work equipment, technology, or systems of work.

Employees Duties

The Company should advise employees by training information and consultation that they are required to use machinery, equipment, dangerous substances, transport safety devices etc in accordance with the training and instructions given by the company.Employees should also co-operate with the company and report any shortcomings in the health and safety arrangements.

Temporary Workers

Before any new temporary employee shall commencement employment, the company should: -

  • Check the qualifications and skills required to carry out the work safely.
  • Provide information on the qualification and skills required to do the work safely.
  • Require the temporary employee to confirm that he/she has read and understood

New or Expectant Mothers

When the company employs new or expectant mothers, it should:-

  • Carry out specific risk assessment, which takes account of the work to be carried out, substances use and hours of work.
  • If it is not possible to avoid such risks and alternative suitable work cannot be found, then it may be necessary to suspend the employee from work. (Subject to the provisions of Employment Rights Act 1996)
  • The company should ensure that a medical certificate which confirms the fact so that the necessary changes can be to work patterns or duties.

Protection of Young Persons

Where the company employs young persons, it should:-

  • Carry out a specific risk assessment,
  • Where control measures taken against risk leave a residual significant risk, the young person will not be permitted to do the work.

Services we can provide.

We can complete many types of risk assessment, identification of hazards, evaluating the risks, principles to be applied, health and safety arrangements, health and safety surveillance, health and safety assistance, employees duties, risk assessment for new and expectant mothers.

We can act as your access to competent advice – contact us about our rates and fee structures.

Link to:

Assessment – Young Persons (Microsoft Word .doc)

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