MHSWR's 1999 Flashcards
Primary Purpose of the Regs
The primary purpose of the Regulations was to comply with the EC “Framework” directive (regulations 5, 10 and 13 specifically) and to clarify duties as laid down in HASAWA (for example, the type of training required under section 2 (2)(c).).
Requirements - Regulation 3: Risk Assessment. 3(1) & 3(2)
3.(1) “ Every employer shall make a suitable and sufficient assessment of:
(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work, and
(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.”
Under 3(2) similar requirements exist for the self-employed.
Requirements - Regulation 3: Risk Assessment. 3(3) & 3(4)
3.(3) “Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by
the employer or self-employed person who made it if:
(a) there is a reason to suspect that it is no longer valid; or
(b) there has been a significant change in the matters to which it relates; and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them”.
3. (4) “An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs 1 and 5”.
Requirements - Regulation 3: Risk Assessment. 3(5)
3.(5). “ In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of:
(a). The inexperience, lack of awareness of risks and immaturity of young persons.
(b). The fitting-out and layout of the workplace and the workstations.
(c). The nature, degree, and duration of exposure to physical, biological and chemical agents.
(d). The form, range, and use of work equipment and the way in which it is handled.
(e). The organisation of processes and activities.
(f). The extent of the health and safety training provided to young persons.
(g). Risks from processes, agents, and work listed in the Annex to the Council Directive 94/33/EC on the protection of young people at work.
Where the employer employs 5 or more employees, he is required to record the significant findings of the assessment, and any groups of employees who are identified as being especially at risk.
The risk assessment must “be suitable and sufficient,” i.e. it should show:
A proper check was made.
You asked who might be affected.
You dealt with all the obvious significant hazards, taking into account the number of people who could be involved.
The precautions are reasonable, and the remaining risk is low.You involved your employees or their representatives in the process.
Regulation 4: Principles of Prevention to be Applied.
“Where an employer implements any preventive and protective measures he shall do so since the principles specified in Schedule 1 to these Regulations”.
Often termed the “Hierarchy of control”, the specified preventive and protective measures are:
Avoiding risks.
Evaluating the risks which cannot be avoided.
Combating the risks at the source.
Adapting the work to the individual, especially as regards 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.
Adapting to technical progress.
Replacing the dangerous by the non-dangerous or the less dangerous.
Developing 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.
Giving collective protective measures priority over individual protective measures and; Giving appropriate instructions to employees.
Regulation 5: Health and Safety Arrangements.
- (1) “Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.”
There is a need here to consider the systems necessary to ensure effective management of health and safety procedures and requirements.
Such systems may be integrated with other management systems, e.g. those for financial, human resources, production, engineering, purchasing and other areas of management activity.
The HSE publication HS(G)65 Successful health and safety management provides guidance on the installation of management systems, which is based on the Plan; Do; Check; Act cycle.
Where the employer employs five or more employees, he must record these arrangements.
Regulation 6: Health Surveillance.
6.” Every employer shall ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by the assessment.
Some health surveillance is required under specific regulations (for example, COSHH; Lead and Asbestos regulations.). If the employer decides that, after a risk assessment, health surveillance would be appropriate (for examples where employees are exposed regularly to general dust) then he should consider implementing an appropriate programme. Health surveillance is NOT a substitute for good preventive/protective measures.
Regulation 7: Health and Safety Assistance.
Employers must appoint one or more persons who are competent, through experience and qualifications, to advise on health and safety matters. The level of qualifications required is proportionate to the risk and complexity of the operations. The competent person can be from within the company (if suitably qualified) or via external Consultants.
It is important to bear in mind that the legal duty to safeguard the safety and health of workers lies with the employer and cannot be passed on to an outside consultant.
The degree of competence of the competent person for the purposes of these regulations will depend on the risks identified in the risk assessment.
Regulations 8 and 9: Procedures for Serious and Imminent Danger and Contact with External Services.
There must be tried and tested procedures in place to manage emergency situations where employees may be exposed to serious dangers.
There must be sufficient numbers of competent persons (i.e. those with sufficient training, knowledge, and experience) to implement emergency evacuation procedures.
Clearly understood procedures must be in place for contacting the emergency services (e.g. fire and rescue; medical; local authorities.).
Regulation 10: Information for Employees.
Comprehensive (meaning written in such a way it is presented in such a way as to be easily understood by to the people to whom is addressed) and relevant information must be provided to employees on:
The identified workplace risks.
Preventative and protective measures in place e.g. safe working methods. Procedures for dealing with imminent danger and emergencies.
Names of appointed people for dealing with specific emergencies.
Risks posed by anyone else who may be working on affected by the business.
This includes, before employing a “child” (for example, on work experience) an employer must also provide the parent (or someone with “parental responsibility”) of that child with information on risks to the child’s health and safety and the protective and preventive measures that will be taken.
Regulation 11: Co-operation and Co-ordination.
Employers who work together in a common or shared workplace are required to co-operate in order to discharge their legal obligations. They must also take reasonable steps in order to co- ordinate measures and inform employees of health and safety risks that may arise from their respective work. (For example, multi employers on a large business park may agree to share a common major emergency plan.).
Regulation 12: Working in Host Employers or Self-employed Persons Undertaking.
This regulation applies to a wide range of work activities where employees fundamentally undertake work at other people’s premises, e.g. contract cleaners, maintenance staff and building workers.
The host employer must provide these persons with adequate information and instructions regard- ing the risks to their health and safety and the precautions necessary. This may be done either by an induction course, for example, or by passing the relevant information to the employer of the employee doing the work, to pass on.
Regulation 13: Capability and Training.
Employers must take into account the individual capabilities of staff when allotting tasks to them and ensure that all have adequate information and health and safety training upon:
Recruitment.
Being exposed to new or increased risks because of being transferred or given a change of responsibility.
Introduction of new work equipment or systems.
Introduction of new technology.
This regulation introduces, for the first time in health and safety legislation, a human factor approach to ensuring appropriate levels of health and safety provision.
When allocating work to employees, employers must ensure that the demands of the job do not exceed the employee’s capabilities to carry out the work without risk to themselves and others.
There is a need, therefore, for employers to consider both the physical and mental capabilities of employees before allocating tasks, together with their level of knowledge, training, and experience. Training, in particular, should reflect this aspect of human capability.
Regulation 14: Employees Duties.
In order to comply with the Regulations, employees are required to:
Employees must use machinery, equipment, dangerous substances, etc in accordance with any training and instructions given by the employer.
They should report any situations where they feel that there is a serious and immediate danger to their health and safety.
They should also report any shortcomings in the employer’s arrangements for health and safety.
This regulation reinforces and expands the duties of employers towards employees under section 7 of the HASWA.
In the light of these requirements, and if not already in place, employers should consider installing some form of hazard reporting system, whereby employees can report hazards to their employer or appointed competent person.
Regulation 15: Temporary Workers.
Employers are required to provide “comprehensible information” to any temporary workers on the following:
Special occupational qualifications or skills required to be held by that employee (including the wearing of a specified PPE) if he is to carry out his work safely.
Any health surveillance that will be required to be carried out in relation to the job role of the employee.
If the employment is done through a recruitment agency, this information can be given either by the agency or by the employer.
