Health & Safety Legislation

The Health and Safety at Work Act 1974 Act is the main Act which allows the Health and Safety Commission to bring in new legislation as appropriate.

Most Statutory Instruments (S.I.'s) relevant to health and safety are made under the Health and Safety at Work Act 1974. The statutory instruments known as the "six pack" came into force in Britain in 1992. These safety regulations implemented key European directives on workplace health and safety.

The regulations are:

1. The Management of Health and Safety at Work Regulations 1999
   (SI 1999/3242) (EC Directive 89/391/EEC)
2. Safe Use of Work Equipment, Provision and Use of Work Equipment Regulations 1998
   (SI 1998/2306) (EC Directive 89/655/EEC)
3. Manual Handling Operations Regulations 1992
   (SI 1992/2793) (EC Directive 90/269/EEC)
4. Workplace (Health, Safety and Welfare) Regulations 1992
   (SI 1992/3004) (EC Directive 89/654/EEC)
5. Personal Protective Equipment at Work Regulations 1992
   (SI 1992/2966) (EC Directive 89/656/EEC)
6. Health and Safety (Display Screen Equipment) Regulations 1992
   (SI 1992/2792) (EC Directive 90/270/EEC)

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Health & Safety Legislation Summary

Health & Safety Arrangements

The Framework Directive (89/391 of 12 June 1989) and Health and Safety at Work Act 1974

Overview

Every employer shall prepare (and revise) a written statement of his general policy with respect to health & safety of employees and arrangements in force for carrying out the policy.

Team Members Consultation

The Framework Directive (89/391 of 12 June 1989) and Health and Safety (Consultation with employees) Regulations 1996

Overview

With regard to employees not represented by trade unions, employers must consult with employees directly or with individuals elected for purposes of consultation "reps of employee safety" on introduction of new measures which will affect health & safety, appointment of competent persons; health & safety information required by any statute; and health & safety training.

Risk Assessments

The Framework Directive (89/391 of 12 June 1989) and Management of Heath and Safety at Work Regulations 1999

Overview

• Requires every employer and self-employed person to make suitable and sufficient assessment of the health and safety risks to employees and non-employees in order to put in place appropriate control measures.
• Assessments must be reviewed as appropriate and significant findings must be documented if 5 or more people are employed
• Significant findings of risk assessments must be given to relevant employees
• Specific duties in other statutes

Accidents

The Framework Directive (89/391 of 12 June 1989) and The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)

Overview

Incidents (as defined) must be reported to the enforcing authority.

Training

The Framework Directive (89/391 of 12 June 1989); Health and safety at Work Act 1974, Management of Health & Safety at Work Regulations 1999

Overview

General duty to provide such information, instruction, training and supervision as is necessary to ensure the health & safety at work of all employees. Adequate training must be provided to all employees on recruitment and when their jobs or responsibilities change or when new equipment or processes are introduced.

Measuring Performance

The Framework Directive (89/391 of 12 June 1989) and Management of Heath and Safety at Work Regulations 1999

Overview

Appropriate arrangements must be made for the effective planning, organising, controlling, monitoring and reviewing preventative and protective measures put in place (documented if 5 or more people are employed).

Chemicals

COSHH (98/24 of 7 April 1998) and Control of Substances Hazardous to Health Regulations 2002 (COSHH)

Overview

The main objective of the regulations is to prevent workplace disease, illness etc, resulting from exposure to hazardous substances. Basic occupational hygiene principles are followed through a framework of risk assessments and subsequent control measures, maintenance of the controls and monitoring their effectiveness.

COSHH regulations relate to the risks from hazardous micro-organisms, including legionella. Risk assessments and the adoption of appropriate precautions are required.

Asbestos

Control of Asbestos at Work Regulations 2002

Overview

Duty to manage requires those in control of premises to:

• Take reasonable steps to determine the location and condition of materials likely to contain asbestos
• Presume materials contain asbestos unless there is strong evidence that they do not
• Make and keep an up to date record of the location and condition of the asbestos containing materials or presumed asbestos containing materials in the premises
• Assess the risk of the likelihood of anyone being exposed to fibres from these materials
• Prepare a plan setting out how the risks from the materials are to be managed
• Take the necessary steps to put the plan into action
• Review and monitor the plan periodically
• Provide information on the location and condition of the materials to anyone who is liable to work on or disturb them

Contractors

The Framework Directive (89/391 of 12 June 1989); Health and safety at Work Act 1974 and Management of Health and Safety at Work Regulations 1999

Overview

Must provide non-employees e.g. contractors, franchises etc, with comprehensive information concerning the risks from the undertakings. Employers must take capabilities into account when giving tasks. Duty to conduct undertakings in such a way as to ensure that persons not in their employment who may be affected thereby are not exposed to risk to their health & safety

Display Screen Equipment (DSE)

DSE (90/270 of 20 May 1990) and The Health & Safety (Display Screen Equipment) Regulations 1992

Overview

The objective of these regulations is to improve the working conditions at display screen equipment by providing ergonomic solutions, to enable certain regular users of the equipment to obtain eye and eyesight tests and information about hazards, risks and control measures associated with their workstations. The main points are:

• Risk assessment
• Schedule compliance (display screen, keyboard, work desk, chair, space requirements, lighting etc)
• Work breaks/activity changes
• Eye and eyesight tests, corrective appliances
• Training and information

Electricity

Workplaces (89/654 of 30 November 1989) and Electricity at Work Regulations 1989 and IEE Regulations

Overview

The regulations require a control of electrical safety in all places of work and all electrical systems and voltages. The regulations apply electrical systems and electrical equipment. The main requirements are:

• General requirement for work activity to be carried out so as not to give rise to danger, so far as is reasonably practicable
• Electrical systems must be constructed and maintained at all times so as to be safe
• Equipment must be suitable, properly maintained and used
• Adequacy of protective equipment
• Must not exceed the strength and capability of electrical equipment
• Risk of adverse weather/environmental conditions must be minimized
• Insulation, protection, earthing, switches, excess current protection, isolation, live working

Equipment Safety

Work Equipment Directive (89/655 of 30 November 1989); PPE (89/656 of 30 November 1989); Signs (92/58 of 24 June 1992); Provision & Use of Work Equipment Regulations 1998; Personal Protective Equipment @ Work Regulations 1992; Health and Safety (Safety Signs and Signals) Regulations 1996

Fire Safety

Workplaces (89/654 of 30 November 1989); Regulatory Reform (Fire Safety) Order 2005; Scotland (Fire Safety) Act 2005

Overview

Fire precautions legislation changed on 1st October 2006 with the introduction of the Regulatory Reform (Fire Safety) Order (RRFSO). The RRFSO requires the "Responsible Person" to carry out a fire risk assessment of their premises and to take suitable steps to remove or reduce hazards as far as possible. It also requires the "Responsible Person" to ensure they have appointed "Competent Persons" who have specified duties for fire safety. Key areas that should be focused on are:

• Ensuring the completion of a fire safety risk assessment
• Keeping the fire risk assessment up to date (reviewed every 12 months minimum)
• Providing training for staff on what to do in the event of a fire, and on hearing the fire alarm
• Providing annual staff training
• Training staff on how to use fire fighting equipment
• Appointing a "Responsible Person" for fire safety

First Aid

The Framework Directive (89/391 of 12 June 1989) and Health and Safety (First Aid) Regulations) 1981

Overview

The regulations provide a framework for first aid arrangements in the workplace. In order for employers to determine what their needs are a risk assessment needs to be carried out. The key points are:

• The provision of adequate first aid equipment
• The provision of adequately trained personnel
• Giving information on first aid provision to employees

Gas

Work Equipment Directive (89/655 of 30 November 1989) and The Pressure Systems and Transportable Gas Containers Regulations 1989

Overview

Must establish safe operating limits of the plant/equipment & have a suitable scheme for the examination at appropriate intervals of pressure vessels and safety devices as well as pipe work. Examinations must be carried out by a competent person. Plant must be properly maintained and records kept.

Lifts and Lifting Equipment

Work Equipment Directive & Amending Directive (89/655 of 30 November 1989) and amending Directive 95/63 of 5 December 1995; Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)

Overview

Sets out requirements for the safe provision and use of lifting equipment. LOLER requires that all lifts provided for use in work activities are thoroughly examined by a competent person at regular intervals. This applies to lifts and hoists used to lift people or loads. LOLER implements Council Directive 89/655/EEC on the minimum health and safety requirements for the use of work equipment by workers at work as amended by Council Directive 95/63/EC.

Maintenance

Workplaces (89/654 of 30 November 1989) and Health and Safety at Work Act 1974

Overview

Ensure the maintenance of any place of work in a condition that is safe and without risk to health.

Manual Handling

Manual Handling Directive (90/269 of 29 May 1990) and The Manual Handling Operations Regulations 1992

Overview

The regulations apply to all workplaces. They set requirements for minimum health and safety standards for the manual handling of loads where there is a risk particularly of back injuries to workers. A clear step-by-step approach to removing hazards and minimizing risks is required based on the following:

• Avoidance of manual handling
• Mechanise or automate process
• Risk assessment
• Risk reduction
• Information

Occupational Health & Stress

Vibration (2002/44 of the of 25 June 2002) and The Control of Vibration at Work Regulations 2005

Overview

Maximum exposure limits. Assessment of the risk to health created by vibration at the workplace and elimination or control of exposure to vibration at the workplace. Information, instruction, training and health surveillance.

Noise (2003/10 of 6 February 2003) and The Control of Noise at Work Regulations 2005

Overview

The regulations require a framework for protecting people from excessive noise arising out of work activities. The main requirements include:

• risk assessment of the extent of the problem
• Noise surveys in high-risk areas
• Controls should be provided by (in priority order)
• Engineering means
• Isolation
• Segregation of affected employees
• PPE and limiting exposure

Workplaces (89/654 of 30 November 1989) and The Workplace (Health, Safety and Welfare) Regulations 1992

Overview

During working hours, the temperature in all workplaces inside buildings shall be reasonable.

New & Expectant Mothers Directive (92/85 of 19 October 1992) and Management of Heath and Safety at Work Regulations 1999

Overview

Risk assessment in respect of new or expectant mothers.

Working Time Directive (93/104 of 23 November 1993) and Working Time Regulations 1998 (as amended)

Overview

Health surveillance and minimum rest periods for night workers.

Health and safety at Work Act 1974

Overview

General duty to protect health & safety of employees.

Young Persons Directive (94/33 of 22 June 1994) and Management of Heath and Safety at Work Regulations 1999

Overview

Risk assessment in respect of young persons.

Equal Treatment directive (75/117) and Disability Discrimination Act 1995

Overview

Reasonable adjustment.