Health and Safety Unit 5

In this section, we are going to look at the duties employers have to persons at work and persons other than persons at work under the Health and Safety at Work Act 1974.
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Health and Safety at Work Act 1974: Definitions

Section 1 of Part I of the Act states: The provisions of this Part shall have effect with a view To: Securing the health, safety and welfare of persons at work. Protecting persons other than persons at work against risks to health and safety arising out of or in connection with the activities of persons at work.

Health and Safety at Work Act 1974: Definitions (cont....)

Controlling the keeping and use of explosive or highly flammable or otherwise dangerous substances, and generally preventing the unlawful acquisition, possession and use of such substances.

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Health and Safety at Work Act 1974

As much as possible, it is the duty of every employer to ensure the health, safety and welfare of all the employees: Provide and maintain plant and systems safe and without risk. Ensure healthy and safe handling, storage and transport of articles and substances. Provide: information, instruction, training and supervision for employees. Maintain safe workplaces and access In and out. Provide a safe and healthy working environment this also includes psychological health.
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Persons at work Persons other than persons at work

The act does not define Person At Work However; Defines work as work as an employee or a self employed person. This means that person at work appears to cover both categories. It is not restricted to persons at work for the employer, so appears to mean anyone who comes within the scope of the employer while undertaking their own work. This therefore would include employees, independent contractors, visitors who are visiting for business purposes. Person other than person at work appear to mean any person extending to the general public.

General Duties
The Act contains a number of duties. More specific duties are such as: - Landlords who are not the employer in considerably less detail than the specific duties of employees and employers to each other. However, ensure you are at least aware of all the general duties in this section.
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General Duties
The Act provides that it is a criminal offence for persons to fail to discharge a duty imposed by sections 2 to 7 or to contravene section 8 or 9

General duties of employers to their employees: s2

There is a key, overriding duty owed by employers to their employees, which is: It shall be the duty of every employer to ensure, so far as it reasonably practicable, the health, safety and welfare at work of all his employees: s2(1).

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General duties of employers to their employees: s2

Section 2 also identifies a number of matters which that duty extends to in practice, although these do not preclude (exclude) other matters covered by the general duty in s2(1).

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General duties of employers to their employees: s2

These matters are that the employer ensures that: + Plant and systems of work are provided and maintained so as to be safe and without risks to health. + Arrangements are made so as to ensure safety and absence of risks to health in the use, handling, storage and transport of articles and substances
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General duties of employers to their employees: s2

+ He provides such information, instruction, training and supervision necessary to ensure health and safety of employees at work. + He maintains places of work, and access to and from such places, in such a condition as to ensure that they are safe and without risks to health
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General duties of employers to their employees: s2

+ The working environment provided and maintained is safe, without risks to health and has adequate facilities and arrangements for employee welfare at work.

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General duties of employers to their employees: s2

An employee has a duty to prepare a written policy on health and safety at the workplace; s2(3). He is also required to consult with employee representatives in making arrangements that assist him and his employees coco-operating to ensure that the workplace is safe.
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General duty of employers and selfemployed to persons other than their employees: s3 Employers and those who are selfemployed have a duty to ensure that the business is conducted in such a way as ensures that people not in his employment are not exposed to risks to their health and safety: s3.

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General duty of persons concerned with premises to persons other than the employees: s4 This section states that persons who are responsible for non-domestic premises where others (who are not their employees) work should take measures to ensure that the premises and all means of access and exit from the premises are safe and without risks to health.
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General duty of manufacturers etc as regards articles and substances for use at work: s6 This section imposes duties on people who manufacture articles for use at work to ensure that they are safe to so use.

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General duty of employees at work: s7

This important section looks at the corresponding duty that employees have to their employers in relation to health and safety at work.

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General duty of employees at work: s7

Section 7 states that: It shall be the duty of every employee while at work + To take reasonable care for the health and safety of himself and of other persons who might be affected by his acts or omissions at work, and
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General duty of employees at work: s7

+ As regards any duty or requirement imposed on his employer or any other person by or under any relevant statutory provisions, to co-operate with him so far as it necessary to enable that duty or requirement to be performed or complied with.
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General duty of employees at work: s7

It is important that you note that the employee has a duty here to three groups of people: + Himself (an employee must take care of his own health and safety at work) + Other persons affected by his acts/omissions at work (that is, both fellow employees and any other
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General duty of employees at work: s7

persons affected by his work, perhaps visitors, or the public) + His employer (whose requirements in relation to health and safety he must obey)

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Duty not to interfere with or misuse things provided pursuant to certain provisions: s8 People must not intentionally or recklessly interfere with items provided for health safety reasons. Examples might include letting off fire extinguishers or items in a first aid box.

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Duty not to charge employees for things done or provided pursuant to certain specific requirements: s9 Employers must not charge employees if they are obliged to provide additional equipment (for example, goggles or antianti-glare screens for computer screens) to comply with Health and Safety Regulations.
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Health and Safety Bodies

The Health and Safety Commission (HSC) The Commission is a body with a Chairman appointed by the Secretary of State and between 6 and 9 appointed members. When appointing the members, the Secretary of State must consult employers organisations, employees organisation and local authority associations.
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The Health and Safety Commission (HSC)

The HSC exists to: + Assist and encourage others to further the purposes of the Act + Carry out research related to health and safety at work and publish the results and encourage others to carry out research
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The Health and Safety Commission (HSC)

+ Provide information and training and advisory services in connection with health and safety at work + Submit proposals to the Secretary of State for future regulations in connection with health and safety + In general terms, the HSC furthers the work of the Secretary of State in relation to health and safety The HSC is empowered to set up enquiries into accidents at work.

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The Health and Safety Exeutive (HSE)

The Executive is a body with three members, a Director General (appointed by the HSC in consultation with the Director General and the Secretary of State).

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The Health and Safety Exeutive (HSE)

The HSE exists to: + Carry out investigations as required by the HSC + Act as a delegate for the HSC when required + To give effect to HSC directions

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The Health and Safety Exeutive (HSE)

The general operations division of the HSE is divided into directorates in which most of the inspectors work, such as + Field operations directorate (split into 7 sectors and the railway industry, it also has an occupational health and environment unit and a safety unit)
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The Health and Safety Exeutive (HSE)

+ Nuclear safety directorate (responsible for regulating nuclear safety) + Hazardous installations directorate (concerned with petroleum industries, diving, sites where chemicals are used/stored or explosives are manufactured, pipelines and mining.
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REGULATIONS
Section 15 of the Health and Safety at Work Act 1974 confers the right on the Secretary of State to make regulations and codes of practice in relation to health and safety.

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REGULATIONS
Examples The following are examples of Regulations that have been passed under the authority of s15 of the Health and Safety at Work Act 1974. Many implement EC directives.
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REGULATIONS
+ The classifications of Hazards, Information and Packaging Regulations 1999 + The Confined Spaces Regulations 1997 + The Control of Substances Hazardous to Health Regulations 1999
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REGULATIONS
+ The Electricity at Work Regulations 1989 + The Health and Safety (Display Screen Equipment) Regulations 1992 + The Lifting Operation and Lifting Equipment Regulations 1998 + The Management of Health and Safety at Work Regulations 1999 (see Para 5)
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REGULATIONS
+ The Manual Handling Regulations 1992 + The Noise at Work Regulations 1989 + The Personal Protective Equipment Regulations 1992 + The Provision and Use of Workplace Equipment Regulations 1998
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REGULATIONS
+ The Working Time Regulations 1998 (as amended) + The Workplace (Health Safety and Welfare) Regulations 1992

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HEALTH AND SAFETY AT WORK REGULATIONS 1999

Risk Assessments
One of the most significant requirements of the Health and Safety at Work Regulations 1999 is the requirement on employers and self employed people to make assessments of the health and safety risks which employees and others are exposed to as a result of the undertaking.
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Risk Assessments

The risk assessment is designed to show the employer what requirements and prohibitions he must comply with. The risk assessment itself must be reassessed if there is reason to believe that it is no longer valid or there has been a significant change.
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Risk Assessments Young People

The regulations identify young people as being people who are particularly at risk and imposes specific requirements on the employer in relation to them. A young person is classed as someone between the ages of 16 and 18.
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Risk Assessments Young People

The employer must take particular note of: + The inexperience, lack of awareness and immaturity of young persons + The fitting out and layout of the workplace and the workstation + The form, range and use of work equipment and the way in which it is handled.
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Risk Assessments Young People

+ The organisation of processes and activities + The extend of health and safety training provided or to be provided to the young persons, and + Risks from agents, procesess and work listed in Directives 94/33/EC
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Principles of Prevention
Avoid risks altogether Assess risks which cannot be avoided Combat risks at source Adapt work to the individual Adapt to technical progress Substitution Develop an overall prevention policy Give priority to collective measures Instruct/train employees Develop a positive safety culture

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Health and Safety Arrangements

The general requirements to make health and safety arrangements is found in Section 5. 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 preventative and protective measures: s5(1) HSWR 1999

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Health and Safety Arrangements

Where there are 5 or more employees, the arrangements made must be recorded. Procedures There are various procedures that an employer must consider: + Health surveillance, where appropriate + Appointment of competent persons to assist (this is mandatory) + Implement procedures for areas of serious and imminent danger areas

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Health and Safety Arrangements

Information Employers are required to give information to their employees on: + The risks identified by the assessment + The preventative and productive measures taken + Procedures for serious and imminent danger areas
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Health and Safety Arrangements

Considering Capabilities

When appointing competent persons from amongst his employees to assist in health and safety issues, the employer must give consideration to the capability of the employees chosen

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Health and Safety Arrangements

Special Cases

The regulations go on to consider the employers duties to persons who may be at particular risk for specific reasons. Young persons have already been mentioned above. The regulations also refer to the requirement to consider health and safety issues specifically in relation to new or expectant mothers, and also the requirement on employers to advise temporary workers of health and safety policies in force at the undertaking.

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Employees Duties
Employees are required to use machinery or dangerous substances in accordance with training they have received and in accordance with the instructions they have been given by the employer.

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Employees duties
Use machinery, equipment, substances, transport, means of production or safety device in accordance with any training or instruction given by employer. Inform employer of:
Work situation which presents a serious & imminent danger to health & safety Shortcoming in protection arrangements for health & safety

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Temporary Workers
Provide agencies, temps & fixed-term employees with information on:
Special qualifications or skills necessary to carry out work safely Health surveillance required

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New/Expectant Mothers
If women of child-bearing age and risks present which could cause harm, then:
Include in risk assessment

May be necessary to alter working conditions, hours of work or suspend employee from work (especially night work where GP provides certificate) Women must notify the employer that she is pregnant (and provide a certificate)
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Protection of Young Persons

Protect young persons Do not employ them for work;
Beyond their physical/psychological capacity Toxic/carcinogenic/radiation Hot/cold/noise/vibration

Young persons can train in the above if:

It is necessary for their training; Supervised by competent person; and Risks are reduced to lowest level reasonably practicable
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Exclusion of Civil Liability

Breach of a duty imposed by these Regs does not imply civil liability except for Pregnant women and young persons CD due to remove this exclusion

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Employees Duties
Employees are required to inform + The employer + Anyone else charged with health and safety duties in the organisation Of any serious and imminent dangers to health and safety.
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The Management of Health & Safety at Work Regulations 1999

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Risk Assessment
Risk assess for employees and others who may be affected (visitors, contractors etc.) 5 Steps
Identify, Decide, Evaluate, Record, Review & Revise

Suitable and Sufficient Young persons

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Health & Safety Arrangements

Health & Safety Management system:
Planning Organisation Control Monitoring Review

Record arrangements if 5 or more staff

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Health Surveillance
When the RA shows the following to apply:
Identifiable disease/condition associated; Valid detection techniques are available; Reasonable likelihood that disease/condition will occur; Surveillance is likely to further protection.

Communicate to employees and reps May require assistance of medical practitioner

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Health & Safety Assistance

Appoint one or more competent persons Adequate co-operation between them Provide time and resources Appoint people in employment where possible

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Procedures for Serious & Imminent Danger

Appropriate procedures
Inform staff; Stop work immediately; Not resume work where danger still exists

Nominate competent persons to implement Restrict access where necessary

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Contact with External Services

Procedures for contact in case of serious and imminent danger Fire and bomb normally sufficient Review and revise in light of changes

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Information for Employees

Provide information on:
Risks identified by assessment; Preventive and protective measures; Emergency procedures (and nominated people) Risks from other employers

Provide information to parents of children on:

Risks and protective/preventive measures
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Co-operation & Co-ordination

Where 2 or more employers share workplace:
Co-operate with other employers Inform other employers of risks

Appoint H&S co-ordinator, where there is no controlling employer

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Persons working in host employers undertakings

Provide contractors and their employers with information on:
Risks from employers undertaking Protective and preventive measures

Includes temporary staff from agencies

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Capabilities & Training

Take account of employees capabilities Provide adequate h&s training on:
Recruitment Exposed to new or increased risks

Training shall be:

Repeated periodically where appropriate Adapted where necessary During work hours
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