health & safety Inspections

Health & Safety Inspections




Risk assessments are an essential part of any health and safety management system. The following requirements are laid down by the Management of Health and Safety at Work Regulations 1999:


Every business shall make a “suitable and sufficient” assessment of the risks to which they or those affected by their undertaking may be exposed.

The risk assessment shall be “suitable and sufficient” and cover both employees and non-employees affected by the employer’s undertaking.




Specific Health and Safety Risk Assessments


The Health and Safety At Work Etc. Act 1974
The Fire Precautions Act 1971
The Electricity at Work Act 1989
The Fire Precautions (Workplace) (Amendment) Regulations 1999
Management of Health & Safety At Work Regulations 1999
Display Screen Equipment Regulations 1992
Health & Safety First Aid Regulations 1981
R.I.D.D.O.R. Regulations 1995
Manual Handling Operations 1992
Control of Asbestos at Work Regulations 2002
Safety Signs and Signals Regulations 1996
Lifting Operations and Lifting Equipment Regulations 1998
Personal Protective Equipment at Work Regulations 1992
Provision and Use of Work Equipment Regulations 1998
Work Place (Health Safety & Welfare) Regulations 1992
Control of Substances Hazardous to Health Regulations 2002
New & Expectant Mothers at Work Guidance
Young Persons at Work Guidance
Disabilities Discrimination Act 1995
Health & Safety (Consultation With Employees) Regulations 1996



First Aid

Legal

Practical Guidance

Risk assessment

Facilities and equipment







First Aiders and Appointed Persons

Questions and Answers

Do employers have to provide first aid to non-employees?

No, although employers with businesses that involve members of the public or caring for clients, pupils, etc may extend the first aid provisions to them.

Why can’t headache pills be kept in first aid boxes?

Headache pills and similar products are classified as medicines and may only be administered under medical supervision. First aiders are not medically trained and are therefore not qualified to administer such items. There is also a question of liability should such products be given by unsuitably qualified people and cause an adverse reaction in the recipient.



Where identified as necessary, can first aiders administer antidotes or other specialist treatments if this is over and above the basic course syllabus?

Yes; part of the assessment should identify whether any of the work activities represent special risks. Where these are identified, first aiders should be given the appropriate additional training to deal with those risks within the boundaries of first aid rather than medical assistance. For example, in work where there is a possible exposure to certain hazardous chemicals, first aiders should be specially trained to administer the appropriate antidotes.

Can employees with certain recognized qualifications other than an HSE-approved first aid course be designated first aiders?

Yes; provided the HSE is approached and accepts the qualifications in question. Qualified medical doctors who are registered with the General Medical Council and nurses who are registered in Part 1, 2, 10 or 11 of the Single Professional Register as maintained by the UK Central Council for Nursing, Midwifery and Health Visiting are qualified to administer first aid.

Are trained first aiders covered by employers’ liability insurance when acting as a designated first aider at work?

Yes, provided the first aider has been appropriately and suitably trained on an approved course, and has followed the correct procedures in the particular circumstances. Outside of work there is the possibility of personal liability against a first aider should anything go wrong with the treatment given.

Do employers have a responsibility to provide first aid cover to their employees who are working on another employer’s premises?

Yes, the duty to provide first aid cover extends to all employees regardless of where they work. However, in practice, it is usual to sort out arrangements for providing first aid cover by utilising the arrangements already in place in the host employer’s workplace, rather than setting up a totally separate system. Whatever the arrangements that are agreed, they should be written down and signed by both employers, and communicated to the respective employees, including the host employer’s first aiders.



Key Facts







If a first aid room is provided it should have the following features:



The following additional facilities might typically be considered when equipping a first aid room:

Accident Reporting

It is a legal requirement to report and/or record certain work-related accidents under both health and safety and social security laws. In addition, accident statistics compiled from accident records in the workplace are an extremely useful tool in identifying the most common causes of accidents and any associated trends.

Legal

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (SI 1995 No. 3163)
Social Security (Claims and Payments) Regulations 1979 (SI 1979 No. 628)

Practical Guidance

An accident may be defined as an unplanned and uncontrolled event which may, but does not have to, result in personal injury. Accidents where no personal injury occurs are often referred to as “near miss” incidents. There are well-recognized accident ratios and although the figures vary between studies the principles are the same, e.g. for every one serious or disabling injury accident there are 10 minor injury accidents, 30 damage accidents and 600 near miss incidents. When diagrammatically represented (see below), these figures form a pyramid, known as the “accident triangle”. This shows that there are many more near-misses than major injuries, but the difference between them is merely a matter of chance. If employees can be encouraged to work in a safe manner, this should reduce the number of near misses that occur. This will in turn mean that the number of minor accidents and serious or disabling accidents will be reduced.

Accident statistics

In addition to the legal obligations to record and report work accidents, employers will find it very useful to use these statistics as a measure of their health and safety performance. Although it is a “reactive” tool, ie it monitors something that has already happened, accident statistics are an important part of the employer’s risk assessments as they should identify types and causes of accidents, locations, and times, etc which will help to decide control measure priorities.

The legal requirements covering the recording and reporting of work-related accidents are contained in social security and health and safety legislation respectively.



Accident Book

All employers must keep a record of all accidents at work (normally in the form of an accident book), regardless of how minor the injuries appear. The accident book should be kept at a central location in the workplace, and may be inspected by enforcing officers. The following information should be recorded:

The Accident Book must also comply with the Data Protection Act 1998 (DPA).

The Accident book should allow for accidents to be recorded, while details of individual(s) can be stored separately in a secure location.

As with the current version of the accident book, employers are under no obligation to use the official document BI510 and may still use their own version or purchase other forms of the accident book either in electronic form or in paper form.

The accident book or records must be kept for a period of three years from the date of the last entry.

Reportable Accidents

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) require certain specified accidents and dangerous occurrences to be reported to the enforcing officer for the premises.

For reporting purposes, work-related accidents are accidents that arise from, or are connected with:

The following accidents and occurrences must be reported:

The case of Woking Borough Council v BHS plc (1994) confirms that RIDDOR applies to accidents involving non-employees, i.e. members of the public if they have suffered an injury or condition which is reportable.

Reporting Procedure

All reportable accidents must be reported by the quickest means, ie the telephone, and followed up with the written notification on form F2508 as appropriate within 10 days. Over-three-day accidents and diseases should be reported on form F2508 as soon as possible after they are known.

Reportable accidents and incidents can also be reported directly to the HSE’s RIDDOR Incident Contact Centre based at Caerphilly.

By telephone: 0845 300 9923.

By fax: 0845 300 9924.

By e-mail: riddor@natbrit.com.

Record keeping

A record of any accident reported to the enforcing authority must be kept at the workplace to which it relates for a period of three years from the date on which it was made. A photocopy of form F2508 is sufficient.

Questions and Answers

Q.

Who is responsible for reporting accidents under RIDDOR?

A.

In a large majority of workplaces it is the responsibility of the employer to report any “reportable” accidents or occurrences. Other designated people are responsible for accident reporting in mines, quarries and offshore installations. Where the accident involved is related to an injury of a self-employed person, the responsibility for reporting it lies with the occupier of the premises on which it occurred.

Q.

Do reportable accidents to trainees have to be reported?

A.

Yes, where the Health and Safety (Training for Employment) Regulations 1990 apply, trainees on an employer’s premises are considered to be employees under health and safety law.

Q.

Why do these accidents have to be reported?

A.

Accidents reported to the enforcing authorities allow the inspectors to determine whether more serious accidents warrant further detailed investigation and whether there has been, or is, a likely breakdown of health and safety control. The figures also make up the annual accident statistics published by the Health and Safety Executive (HSE) which act as a type of benchmark across different industries — there is currently significant under-reporting.

Q.

If there is an accident book on the premises, do RIDDOR accidents still have to be reported?

A.

Yes. The accident book and the reporting of injuries, etc under RIDDOR are totally separate requirements. The accident book contains details of any injury suffered at work in case there is a future claim made for social security benefit, when the original details may need to be referred back to. Accidents reported under RIDDOR are for the information and use of the enforcing authorities in determining appropriate inspection systems, etc. Not all accidents recorded in the accident book would necessarily need to be reported under RIDDOR.

Q.

When calculating over-three-day injuries, what days are actually included in the calculation?

A.

The calculation does not include the day of the accident but would include any rest days, eg the weekend, even if these are not usually worked.

Key Facts








ACCIDENT REPORTING POLICY


Of





Aim


The aim of this policy is to enable our business to meet the requirements of the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995

Also to establish the cause of accidents in order that recommendations may be made to help prevent a recurrence. In order to meet this aim the investigation and reporting procedures must be accurate and complete.


Responsibilities


Employees are responsible for ensuring that any injury, dangerous occurrence or a disease is entered in the accident book. Entry may be placed by the employee, first aider, supervisor, or witness etc.

A company accident report form is then completed. Supervisors are responsible for the initial investigation of the cause of the accident. Any remedial action identified must be implemented immediately.


Control of Substances Hazardous to Health (COSHH)



Hazardous substances may exist in several forms, i.e. gas, liquid, vapour or solid. Their effect may be immediate, such as a caustic liquid causing burning to skin, or delayed, such as exposure to detergents causing dermatitis.


The potential for workers to be exposed to hazardous substances depends on the work activity and any controls which are in place. In order for the risk of exposure to be identified and prevented or reduced, the Control of Substances Hazardous to Health Regulations 1999 (COSHH) require a risk assessment of the workplace.


Once the risks from hazardous substances have been identified, controls must be put in place to prevent or reduce any unacceptable risks to employees' health.










In the control of hazardous substances, the chief issues likely to be of concern are listed below.


·COSHH Regulations


·Chemicals in the workplace


·Risk assessment


·Safety data sheets


·Occupational exposure limits


·Elimination or substitution of hazardous chemicals


·Enclosure


·Safe systems of work


·Engineering controls


·Personal protective equipment


·Use of controls


·Maintenance of controls


·Monitoring of exposure


·Health surveillance


·Training of staff


·Records.


















In a nutshell, in order to fulfil legal requirements the company must:


1. Carry out or co-ordinate a risk assessment of all the hazardous substances present in the workplace


2. Once the assessment has been made, you must decide what measures are appropriate to control the risks


3. Ensure the appropriate control measures are implemented


4. Make sure the control measures are used properly by staff


5. Regularly check, test and maintain control measures, such as ventilation and personal protective equipment


6. Make sure any faulty control measures are repaired or replaced


7. Carry out or co-ordinate a monitoring programme for employees' exposure to hazardous substances, but only where this is appropriate


8. Make sure all appropriate health surveillance is carried out


9. Train staff in relevant aspects of COSHH, such as how they should use control measures, what signs they should look for if any form of self-examination health surveillance is used, etc


10. Make sure all the records are kept that are required by the COSHH Regulations

























COSHH Regulations


The Control of Substances Hazardous to Health Regulations 1999 (COSHH) cover the use of, and exposure to, substances (i.e. chemicals and preparations) in the workplace. The Regulations set out the framework by which companies must assess substances (including carcinogens and biological agents), prevent or reduce exposure to any substances which present a risk to health, and maintain the systems that have been set up to do this.



Chemicals in the workplace:


There are many different types of hazardous substances found in the workplace, and each workplace is different

Some correction fluids contain small amounts of hazardous substances, which do not usually present a significant risk when used in the normal way.


Photocopiers and printers emit low levels of ozone, which may be hazardous to inhale. In most cases, single machines in a well ventilated area will not present a risk. However, rooms which have poor ventilation and contain many machines may contain significant amounts of ozone. If this is the case, ventilation should be improved

Toner cartridges for printers contain powders which may be hazardous if inhaled. These powders are usually contained in such a way that exposure will not occur. However, it is important that anyone who handles these cartridges has been trained in how to use them safely.


Maintenance operations and storage areas usually have products containing hazardous substances, such as solvents. These products should be considered as part of the risk assessment.




Safety Data Sheets


By law, suppliers of hazardous substances must provide the user with information on the hazards. This information must be given on the label of the container. More detailed information must be supplied in the form of a safety data sheet.


The legislation which requires this is the Chemicals (Hazard Information and Packaging for Supply) Regulations 1994 (as amended in 1996, 1997, 1998 and three times in 1999). You should contact the supplier if the container is not adequately labelled, no safety data sheet is supplied or the safety data sheet that is supplied does not contain the information required.



Elimination or substitution of hazardous chemicals


Wherever possible, exposure to hazardous substances should be controlled by eliminating them from the work activity. If the substance is not present, it cannot present a risk to employees' health.


It is sometimes possible to replace hazardous chemicals with non-hazardous or less hazardous ones. An example of this would be using water based paints instead of solvent based paints.


Enclosure


Another way of controlling exposure to hazardous substances is to enclose it. An example of this would be the chemicals used in laser printers, which are enclosed in a plastic cartridge. When used properly, enclosure will prevent exposure from occurring.


Safe Systems of Work


Safe systems of work are important in controlling hazardous substances. This will involve the setting up of rules and procedures which must be followed, and making sure staff are adequately trained and supervised in these procedures.




Examples include:


·a ban on eating, drinking or smoking in areas where hazardous substances are used


·a rule for employees to wash their hands after handling hazardous substances


·procedures for cleaning up spillages of hazardous substances quickly and safely


·reducing the amount of hazardous substances used or stored in the workplace


·allowing only designated people who are suitably trained to handle hazardous substances


·marking areas where hazardous substances are used or stored and restricting access to these areas.


Engineering Controls


Engineering controls may be needed to prevent or reduce exposure to hazardous substances. An example of an engineering control is local exhaust ventilation (LEV) for processes such as welding. LEV extracts contaminated air away from the work area before the worker inhales it.



Personal Protective Equipment


Wherever possible, exposure to hazardous substances should be prevented or controlled using measures other than personal protective equipment (PPE). One of the reasons for using PPE only as a last resort is that they only protect the wearer, so that other people in the area who are not wearing PPE may be exposed. There is also the problem that PPE is the last line of protection, so that if there is any breakdown of equipment, exposure to the chemical will result.


Any PPE provided for protection against hazardous substances must comply with the Personal Protective Equipment at Work Regulations 1992.

PPE should be regularly checked and maintained. Anyone who is required to use PPE should be properly trained in its use and supervised.



Health Surveillance


In some cases, health surveillance is appropriate. The COSHH Regulations list certain work activities where health surveillance is specifically required. Otherwise, it is only appropriate where the work is likely to lead to particular, identifiable health conditions, and valid techniques exist for identifying them. Health surveillance varies from a medical examination carried out by a doctor, to the workers checking themselves regularly for the condition. An example is cleaners who use detergents, regularly checking their hands for dermatitis (a skin condition which is relatively easy to detect).



Training Staff


The company should make sure staff understand what the risks are to their health, how to use the control measures and why they are there, the systems in place for reporting problems and defects, and what their responsibilities are in relation to health surveillance, where appropriate. It is a good idea for the company to keep records of all safety training and instruction carried out.


Records


The COSHH Regulations require that the following records be kept.


1.The COSHH assessment should be written down.


2.Tests of LEV or respiratory protective equipment must be recorded and kept for at least five years


3.Monitoring records must be made and kept for at least 40 years if they relate to individual, named workers. Otherwise, monitoring records must be kept for at least five years


4.Records of health surveillance must be made and kept for at least 40 years.


5.A listing should be made of hazardous substances that should not be stored in close proximity due to their incompatibility.










Information for Staff


Any staff who may be exposed to hazardous substances should be provided with information on the following.


1. The risks to their health, as identified by the risk assessment


2. The control measures that are in place to protect their health, and how to use them properly


3. Results of monitoring and health surveillance, where appropriate


4. The systems in place for reporting problems encountered with control measures


5. The systems in place for dealing with spillages of hazardous substances, and other abnormal or emergency situations.


Anyone else who is working on site, i.e. non-employees, must also be given the necessary information and training if they may be exposed to hazardous substances.





























The Control of Substances Hazardous to Health: Our Policy Statement


The Control of Substances Hazardous to Health Regulations 1999 applies to our working environment.


We recognise that some substances have the potential to cause ill-health and we will introduce measures to identify what substances our employees use or are exposed to in the course of their work.


Wherever we can, we will discontinue the use of harmful substances (so long as this can be done without serious detriment to our business). These substances will be sent for disposal and no more obtained.


Where a harmful substance is being used, we will replace it with a suitable and less hazardous substance wherever possible.


Substances that we must use will be assessed and control measures introduced to prevent risk to our employees or others affected by our business operations. Where reasonably practicable, these measures will not involve personal protective equipment (PPE).



We will assess the use of all new substances introduced into the workplace. At least once a year, we will make an inventory of all substances present on site and review our control measures, to ensure that the management controls are still appropriate and effective.


Where PPE must be used, employees will be provided with the appropriate equipment, which will be maintained, repaired and tested as required by each class of protection.


Information, instruction and training will be provided for all employees who may be exposed to hazardous substances. The necessary information and training will also be provided for any non-employees working on site who may be exposed to hazardous substances.




Signed ...................................... Date......................


Managing Director







Manual Handling

Manual handling activities, ie activities which require bodily effort to move, lift or support any load, are widespread throughout all work undertakings and account for the highest proportion of lost time injuries — especially back injuries. In many cases, the injuries sustained were preventable.

Legal

Health and Safety at Work, etc Act 1974
Management of Health and Safety at Work Regulations 1999 (SI 1999 No. 3242)
Manual Handling Operations Regulations 1992 (SI 1992 No. 2793)

Practical Guidance

Under the Manual Handling Operations Regulations 1992, all manual handling activities which involve a risk of injury should be avoided where possible. If it is not possible to avoid the activity, then an assessment of the associated risks should be undertaken, and the risks reduced to the lowest level possible. The assessment should take into account the load (both animate, ie people and animals and inanimate, ie boxes, furniture), the task, the environment in which the activity is performed and the capabilities of the employees to perform the activity safely.

In particular regard must be given to the physical suitability of the employee, the clothing, footwear and other personal effects they may wear, level of knowledge and training, health surveillance and the results of any risk assessments carried out.

Anatomy and Related Health Problems

Health problems associated with manual handling often, but not always, involve the back; the neck and shoulders may also sustain injury. Commonly, the injuries build up over a period of time as a result of a succession of poor manual handling techniques; it is less common for one single event to cause injury. The anatomy of the back makes it particularly vulnerable to the pressures and strains of poor manual handling techniques. The spine is divided into three distinct regions — the cervical, thoracic and lumbar regions. Of these the cervical and lumbar regions are most prone to injury because of their flexibility and rotational movements — this mobility can put pressure on the discs which sit between the vertebrae and eventually the discs become displaced and/or out of shape, resulting in stiffness and pain. The thoracic region is the least mobile because of the restraining effect of the rib cage.

Loads

The load is the person, animal or objects being lifted, moved or supported, and mistakenly is often the only factor taken into account when manual handling activities are considered.





For inanimate loads, the following load factors should be considered:

In addition to the relevant factors listed above, the following points should also be included when considering the lifting or moving of people and animals.

For animate loads:

While the weight of a load should not be the only point considered for manual handling, many employers find numerical guidelines useful. The guidelines given below represent values which would normally be expected to be safe and which may be used to indicate whether a more detailed assessment is required.

Body Reference Points

Load Held Close to Body

Load Held at Arm’s Length

Full height (arms above head)

10kg (5kg)

5kg (3.5kg)

Shoulder height

20kg (10kg)

10kg (5kg)

Elbow height

25kg (12.5kg)

15kg (7.5kg)

Knuckle height (arms by side)

20kg (10kg)

10kg (5kg)

Mid-lower leg

10kg (5kg)

5kg (3.5kg)

Female weight guidelines are written in brackets.



Age

Pushing and pulling a load is also considered to be a hazard. As a rough guide, the amount of force required to move a load over a flat surface is at least 2% of the load weight. Ramps or other slopes will increase the forces required to push or pull the load. As an example, for a 1 in 12 slope with a load of 400kg, an additional force of 33kg (330 Newtons) will be required to move the load.

The following guideline figures assume that the distance involved is no more than 20m and that the force is applied between knuckle and shoulder height with the hands.

 

MEN

WOMEN

Guideline figure for stopping/starting load

20kg (200 Newtons)

15kg (150 Newtons)

Guideline figure for keeping load in motion

10kg (100 Newtons)

7kg (70 Newtons)

Task

This is the description of the actual manual handling activity, eg lifting boxes, pushing trolleys, etc and is probably the most important element of the risk assessment. Many of the body movements involved in a manual handling activity will significantly reduce the ability of a person to safely handle loads. For example, the weight guidelines shown above will be reduced by 20% for a task that involves a 90° twist of the body, or by 50% when someone has to bend or stoop through 90°.

The following task factors should be considered:

Environment

The environment in which a manual handling activity is carried out can also have a significant effect on the overall risk rating of that activity. For example, a hot humid environment will increase the likelihood of fatigue over a shift. Similarly, a small cramped working area may mean more bending or stooping, or adoption of a bad working posture. Stairs, steps and other changes in floor level are also important considerations.

The following environmental factors should be considered:

Individuals

The capability of an individual to perform a manual handling activity must also be established — this may be a delicate process requiring trust and tact — confidentiality must be maintained. The factors listed below give some important indications of key considerations. The culture of the organisation should encourage individuals to take responsibility for their own health and safety, and to inform their managers of any relevant problems. This does not absolve the employer from any related duties, ie to provide suitable and sufficient aids, but should assist in the management of manual handling. Employees should have the right, with independent adjudication, to refuse to carry out any manual handling activity that they cannot perform safely.

The following individual factors should be considered:

Control Measures

The purpose of the risk assessment is to determine adequate and appropriate control measures to eliminate or at least reduce the risks evaluated in the risk assessment.

The following list details common manual handling control measures:

Whatever control measures are introduced, they should be effective and regularly monitored, eg by looking at sickness absence accident figures or records of equipment purchase, to ensure their continued effectiveness.

Questions and Answers

Q.

Does every manual handling activity have to be assessed?

A.

No, only where there is a perceived risk of injury to the people carrying out those activities. In many cases, generic assessments can be undertaken, which means that any similar activities may be assessed as one, provided any differences, eg in the people performing the task, are identified and taken into account.

Q.

Can external manual handling experts be used to carry out the risk assessments?

A.

Yes, but make sure they are familiar with any special needs or circumstances in your workplace or associated with your work activities.

Q.

Do the Manual Handling Operations Regulations 1992 apply to workplaces where people are not lifted or moved?

A.

Yes, they apply to all workplaces and are aimed at reducing the phenomenal number of work days lost through back injuries sustained from poor lifting, etc. In practice, inanimate manual handling is much more common than animate manual handling.

Q.

Do employees have the right to refuse to carry out manual handling tasks which pose a risk of injury?

A.

Yes. By law employers must ensure the health and safety of their employees so far as is reasonably practicable. The risks of injury associated with manual handling are well known and are often significant which means the employer has a greater duty to control those risks. Similarly, employees have a duty to ensure their own health and safety and performing a task which they know, or suspect, may cause injury is a breach of that duty.

In practice, it is more difficult as employees may be reluctant to refuse a task if they are afraid of repercussions from their employer. Likewise employers may be reluctant to introduce such a right in case employees take advantage and refuse to carry out any activities, although this is unlikely. Where such rights are introduced, they should be written into the manual handling section of the health and safety policy and supported by appropriate training and awareness sessions.

Q.

Can employees use back support belts to assist them when carrying out manual handling?

A.

This is an issue that causes much debate. L23, the HSE Guidance to the Regulations states that “the decision on whether to advocate the wearing of abdominal and back support belts as part of a risk control strategy rests with the employer”. The problem is due to the lack of strong evidence to support the claim that back supports reduce the risk of injury when carrying out manual handling. Indeed, it is thought that the use of such items may even increase the risks by weakening the support muscles in the back.

Thought should be given to finding alternative control measures that will reduce the risks associated with manual handling but if back support belts are to be used the HSE highlight the need to ensure that they are of an appropriate design and fit for the activity being undertaken. It is also recommended that they are used for a “trial period” to assess their effectiveness.

Key Facts





Workplace

Employers must provide a safe and healthy workplace and working environments for their employees. Factors such as workspace, lighting, ventilation, temperature, cleanliness, traffic routes, falls, building structures (i.e. drainage, windows and doors, etc) and welfare facilities (i.e. toilets, wash-hand basins, changing accommodation) should all be taken into account.

Legal

Health and Safety at Work, etc Act 1974
Fire Precautions (Workplace) Regulations 1997 (SI 1997 No. 1840) (as amended)
Construction (Health, Safety and Welfare) Regulations 1996 (SI 1996 No. 1592)
Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992 No. 3004)

Practical Guidance

The Health and Safety at Work, etc Act 1974 and the Workplace (Health, Safety and Welfare) Regulations 1992 both require employers to provide a safe and healthy place of work — this also includes any means of entry to and exit from the work premises. The two cases of Allen v Avon Rubber Co Ltd and Sloan v Almond Fabrication Ltd were both successful prosecutions where the employers had failed to provide a safe means of access to and egress from their workplaces. In the former case an unguarded loading bay ramp resulted in a fork-lift truck falling backwards over the edge; the employer argued that that particular activity only occurred twice a year and therefore it was unreasonable to fence off the bay. The court held that the frequency of a task did not make it less dangerous and the employers should have addressed the problem. In the second case the employer failed to provide safety hoops around a vertical ladder. When an employee fell from the ladder and was injured the employer was held to be in breach of a statutory duty and, therefore, liable for damages.

Maintenance

The workplace, equipment and devices must be well-maintained, including cleaning, through a routine maintenance programme.

Ventilation

Enclosed workplaces must be well ventilated, where possible by fresh air. If mechanical ventilation is necessary it must be fitted with appropriate alarms to warn of failure. The case of Nicholson v Atlas Steel Foundry and Engineering Co. Ltd demonstrates that failure to provide adequate ventilation can give rise to damages claims for personal injury when that injury results from that failure. The court found that failure to provide adequate ventilation to remove silica dust was a significant contributory factor in the death of Mr Nicholson and his employer was therefore liable to damages to the widow and family.



Temperature

A reasonable temperature must be maintained — 16°C is considered reasonable for sedentary work; 13°C for strenuous physical work. A thermometer should be provided in all workplaces, and any means of heating or cooling provided must not give off any noxious fumes.

Lighting

Adequate lighting must be provided in all workplaces, where possible by means of natural light. Emergency lighting must be provided in situations where failure of the main lighting systems creates a danger. Failure of an employer to provide adequate lighting which leads to an injury makes the employer liable for damages. In Thornton v Fisher & Ludlow, an employee was injured when she fell over an obstacle on an unlit road on the work premises. Although the lighting was installed it was switched off. The court held that in order to be effective, lighting must be switched on.

Cleanliness and Waste Materials

All workplaces and furniture must be cleanable and kept clean. Rubbish must be kept in suitable containers and must not be allowed to accumulate.

Workspace

All workplaces should have sufficient unoccupied space to ensure the health and safety of occupants and allow them to move around safely. The recommended space per person is 11m3.

Workstations and Seating

Workstations must be suitable for the user and the tasks intended to be performed, and should allow rapid evacuation in emergencies. Where work can be carried out sitting down, seating, and if necessary a footrest, must be provided.

Floors and Traffic Routes

Floors and traffic route surfaces must not create slipping, tripping or falling risks, through obstructions, worn carpet, holes, uneven surfaces, snow/ice, etc. Traffic routes cover both pedestrian and vehicular traffic which should be able to move around safely. Open sides of stairways should be fenced if there is a risk of falling through.

Falls and Falling Objects

Measures must be taken to prevent people falling from height, and objects falling on to people below.

Glazed Structures

Where there is a risk of contact and subsequent breakage of the glazed areas, the glazing should be made of a safety material or otherwise protected against breakage and be clearly marked to show its presence.

Windows and Skylights

Windows and skylights should be able to be opened, closed and adjusted safely, and must not create any risks when open. Windows must also be easy to clean safely.

Doors, Gates and Escalators

These must be fitted with appropriate safety devices.

Welfare Facilities

Minimum recommended toilet facilities

Numbers Regularly Employed at any One Time

Number of Toilets to be Provided

1–5

1

6–25

2

26–50

3

51–75

4

76–100

5

Over 100

5 + 1 for every 25 people (or fraction of 25) in excess of 100



The following table may be used where the toilets are only used by male employees

Number of Males Regularly Employed at any One Time

Number of Toilets

Number of Urinals

1–15

1

1

16–30

2

1

31–45

2

2

46–60

3

2

61–75

3

3

76–90

4

3

91–100

4

4

Over 100

4

4

 

With 1 toilet for every 50 men (or fraction of 50) exceeding 100, provided an equal number of urinals are also included

Minimum recommended washing facilities

Numbers Regularly Employed at any One Time

Number of Wash Stations to be Provided

1–5

1

6–25

2

26–50

3

51–75

4

76–100

5

Over 100

5+1 basin for every 25 people (or fraction of 25) in excess of 100

Additional facilities should be provided where the work results in heavy soiling.

Questions and Answers

Q.

Do toilets have to be provided for non-employees?

A.

No, although in some situations, eg shops, the comfort of customers may be an important consideration. If toilets are provided for public use they should be separate from any facilities provided for employees.

Q.

Is there a maximum recommended temperature limit?

A.

No. In workplaces where hot temperatures cause adverse health effects then the general duty under s.2 of the Health and Safety at Work, etc Act 1974 for employers to ensure the health and safety of employees would apply and necessary control measures would have to be taken. Controls could include insulating hot pipes, etc to reduce heat transmission, increasing air movement and extraction of hot air, and air coolers. Workers in hot environments should have free access to drinks and sufficient rest breaks to overcome loss of body fluids through sweating and fatigue.

Q.

What is sick building syndrome?

A.

This is a non-specific condition which generally causes mild symptoms of discomfort such as running noses, itchy eyes, headaches, dry throats, etc when an affected person is in the workplace. The symptoms reduce or disappear when the sufferer is away from the workplace. The precise causes are not known, although physical and environmental factors such as ventilation, air conditioning, lighting, temperature, humidity, cleanliness, work area design and layout and building maintenance, and work factors such as monotonous, repetitive work and a lack of control over the work are often implicated.

Key Facts

Contractor Health and Safety Questionnaire


The model contractor questionnaire below is a useful document, which can be amended to suit the particular needs of the organisation. The competent person is advised to copy this form and give it to contractors to complete and keep it in a central easily accessible file for reference should any problems or queries arise.

Contractor Health & Safety Questionnaire

Contractors’ Guidelines for completion of Questionnaire

Introduction

1. The purpose of this Questionnaire is to obtain information from which we can assess the extent to which Health and Safety management is organised within your Company.

2. Your answers should cover all your activities and not just those conducted on our sites.

3. The Questionnaire should be completed by a senior manager.

4. Please answer each question fully. We would stress the value and importance of substantiating your answers with a copy of supporting documentation as far as practicable. Your response and any supporting documentation must relate specifically to the policy and organisational arrangements of the Company which is the signatory of the Contract.

5. Your submission will be assessed and be taken into consideration in the evaluation process leading to a contract award decision and/or your addition to or maintenance on our approved list of contractors which the organisation’s managers are permitted to invite to quote for works.

6. Following receipt of your submission, we may wish to discuss it with your Management at a mutually convenient time.

S


afety assessment questionnaire

NAME OF COMPANY:




DATE:



A


DDRESS:







P


OST CODE:




POSITION:






SIGNATURE:





Section A – Health, Safety and Environmental Policy

1. Company Policies:

a) Does your Company have a Health and Safety

Policy Document? (If YES, please attach a copy). YES NO

b) Who has overall and final responsibility for Health & Safety matters in your organisation?

Name _______________________ Position_______________________

c) Who is the most senior person in your organisation responsible for this policy being carried out on-site where your employees are working?

Name _______________________ Position_______________________

2. Availability of Policy Statements to Employees

a) Itemise the methods by which you have drawn your Policy Statement to the attention of all your employees.

___________________________________________________________

___________________________________________________________

b) What are your arrangements for advising employees of changes in the Policy?

___________________________________________________________

___________________________________________________________

3. Arrangements (Company Manuals)

a) Do you have a Company Safety Manual or Operations Manual with relevant sections on safety, which describes in detail your Company-approved safe working practices relating to your work activities? YES NO

(If the answer is YES, please attach a copy of supporting documentation such as an index to the manual).

4. Assessment of Suitability of Sub-Contractors/Other Companies

How do you assess sub-contractors and companies with whom you will place contracts for their:

a) Health & Safety Competence?

_____________________________________________________________________________________________________________________

Section B – Management and Supervision

5. Management and Supervision of Work Activities

a) What arrangements does your Company have for the supervision and monitoring of the safety of premises, sites and other locations where your employees are working?

___________________________________________________________

___________________________________________________________

b) What arrangements does your Company have for passing on any results and findings of this supervision and monitoring to your base management and site employees?

___________________________________________________________

c) How do you ensure that the working practices and procedures used by your employees on-site are consistently in accordance with your Health & Safety Policy objectives and arrangements?

___________________________________________________________

___________________________________________________________

6. Training of Managers/Supervisors/Senior Site Staff

Have the Managers and Supervisors at all levels who will plan, monitor, oversee and carry out the work, received formal Health & Safety training in their respective responsibilities with respect to conducting work safely? YES NO

(If YES, please give details. Where the training is given in-house please describe the content).

___________________________________________________________

___________________________________________________________

Section C – Training – General and Specialised

7. General Safety Training

a) What arrangements does your Company have to ensure new employees have knowledge of basic health and safety issues and to keep this knowledge up to date?

___________________________________________________________

___________________________________________________________

b) What arrangements does your Company have to ensure new employees have been instructed, and have received information, on any specific hazards arising out of the nature of your activities?

(If training is provided in-house please give details).

___________________________________________________________

___________________________________________________________

8. Specialised Training

a) Have you identified areas of your Company’s operations where specialised training is required to deal with potential dangers? YES NO

(If YES, please itemise and provide details of training given).

___________________________________________________________

___________________________________________________________

Section D – Equipment Control and Maintenance

9. Equipment Control and Maintenance

a) How do you ensure that plant and equipment used on site by your employees is correctly registered, controlled and maintained in a safe working condition?

___________________________________________________________

___________________________________________________________

b) Does your Company have any safety arrangements, systems of work, or monitoring not described elsewhere in any part of your response?

___________________________________________________________

___________________________________________________________

Section E – Personal Protective Equipment

10. Personal Protective Equipment

What arrangements does your Company have for provision and upkeep of protective clothing?

___________________________________________________________

___________________________________________________________

Section F – Incident/Accidents/Injuries Records and Data

11. Statutory Notifiable Accidents/Dangerous Occurrences

Has your Company suffered any Statutory Notifiable Accidents or Dangerous Occurrences (as defined under the RIDDOR 1995 requirements) within the past three years? YES NO

(If YES provide details including dates, most frequent types, causes and follow-up preventative measures taken)

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

12. Improvement and Prohibition Notices

Have you been served an Improvement Notice or Prohibition Notice by the Health and Safety Executive, or other Enforcing Authority or been prosecuted under any Safety Legislation within past five years?

(If YES, please give details) YES NO

___________________________________________________________

___________________________________________________________

___________________________________________________________

___________________________________________________________

13. Safety Performance Records

Have you maintained records of your incident/accident and safety performance?

YES NO

(If YES, please give details for each year, number of Non Lost Time Incidents, number of Lost Time Incidents, number and types of Injuries, total hours worked by workforce for each corresponding year, Frequency Rates, your Company definition of a Lost Time Incident)

14. Communication of Safety/Investigation Information

How are the findings following an investigation, or a relevant incident occurring elsewhere, communicated to your employees?

___________________________________________________________

___________________________________________________________

Section G – Progressive Safety Management

15. Memberships of Associations

Does your Company hold Membership of any Industry, Trade or Safety Organisation? YES NO

(If YES, please give details)

___________________________________________________________

___________________________________________________________

16. Safety Achievement Awards

Has your Company received any award for safety performance achievement? YES NO

(If YES, please give details)

___________________________________________________________

___________________________________________________________

17. Safety Qualified Staff

Does your Company employ any staff who possess formal safety qualifications?

(If YES, please give details) YES NO

___________________________________________________________

___________________________________________________________

18. Additional Features of Your Safety Management

Does your Company have any other safety features or arrangements not described elsewhere in your response to our Questionnaire?
YES NO

(If YES, please give details)

___________________________________________________________

___________________________________________________________

19. Please state the risk assessments that you have undertaken and provide copies.

_________________________________________________

__________

___________________________________________________________
























GENERAL POLICY REGARDING DSE


All reasonable steps will be taken by the company to secure the health & safety of employees who work with DSE.

The company acknowledges that H & S hazards may arise from the use of this equipment. It is the intention of the company to ensure that any risks are reduced to a minimum. Whilst it is generally recognised that the use of DSE can be undertaken without undue risks to health, it is appreciated that some employees may have genuine reservations and concerns. The company will seek to give information and training to enable a fuller understanding of these issues. The implementation of this policy requires the total co-operation of all members of management and staff. There will be full consultation with employee representatives through existing channels of communication.


The person responsible for implementing all DSE policy is: -------------------------------------------------------------


ARRANGEMENTS FOR SECURING THE HEALTH AND SAFETY OF EMPLOYEES

  1. Carry out an assessment of each workstation, taking into account the DSE, the furniture, the working environment and the worker.

  2. Take all necessary steps to remedy any risks found as a result of the assessment.

  3. Take steps to incorporate changes of tasks within the working day, in order to prevent intensive periods of on-screen activity.

  4. Review software to ensure suitability for the task..

  5. Arrange for the provision of eye and eyesight tests prior to employment, or upon request if tests have not been taken, and at regular intervals thereafter, as recommended by the optician.

  6. Arrange for the free supply of any corrective glasses, where specifically required for DSE work.

  7. Advise all employees working with DSE of the risks to health and how these are to be avoided. The company will arrange for an eye and eyesight test to be carried out as part of a pre-employment health examination. Where the results indicate that glasses/lenses are required specifically for DSE work and upon confirmation of employment, the company will arrange for the supply of glasses.

Costs

The company will meet the costs of eye and eyesight tests, provided that the company has arranged testing. The company shall not be responsible for tests arranged independently.

Where glasses/lenses are found necessary, specifically for the use of DSE, the company will contribute £…………… towards the purchase. This can be used to obtain a standard frame and lenses, or be put towards a more expensive model. Evidence of purchase must be produced.

The employee is responsible for the safekeeping of glasses. It is an offence to interfere with, or misuse, anything provided in the interest of health and safety. Employees are asked to show the same degree of care for glasses as they would for any other item of company property. Anyone failing to observe this requirement may be subject to disciplinary procedures.

Where there is a change in an employee’s visual defect and this result in a change to prescription requirements, the company will bear the cost of replacement subject to the procedures outlined above.

Rest Breaks

The purposes of a break from DSE work are to prevent the onset of fatigue. Stress, headaches and circulation problems (deep vein thrombosis). To achieve these objectives, the company will seek to incorporate changes of activity into the working day. There is no prescribed frequency or duration of breaks from DSE work. Where possible, users will be given the discretion to decide the timing and extent of off-screen tasks. Any employee who believes that his or her DSE workload does not permit adequate breaks should inform management. Users of DSE are encouraged, and will be expected, to take the opportunities for breaks.

Radiation and Pregnancy

Employees using DSE are not at risk from radiation. No adverse health effects have been found to arise from the use of DSE. Thus there is no reason for a person who is pregnant, or is seeking to become pregnant, to avoid working with DSE. The company acknowledges that some employees may not be fully convinced by these assurances. It is recognised that, where an employee has a genuine concern, this can lead to stress and ill-health. The policy is therefore that any pregnant employee may request a temporary transfer or a reduction in the volume of DSE work that she undertakes. Although no guarantee can be given, such requests will receive full and proper consideration and will be granted where this can be achieved without disruption of the company’s operations.


Safe System of Work

Badly adjusted furniture or equipment can result in discomfort and can even lead to disability in extreme circumstances. Poor work design can cause or aggravate these conditions. Unnecessary discomfort can be avoided by adopting the following simple precautions.

  1. Make sure that all your furniture and equipment is functioning correctly.

  2. Adjust furniture and equipment so that you are comfortable when working. Adjust them to suit your needs – do not adjust your posture to suit the workstation.

  3. Take the opportunity to vary activities, breaking up long periods of DSE work.

  4. Use your entitlement to eye and eyesight tests.

  5. Report symptoms of discomfort or ill health as soon as you are aware of them. A form is available.

  6. Inform your employer of your training needs.

  7. Do not tamper with electrical equipment – ask for assistance.

Assessment of the Workstation

DSE users will be invited to assist the company in providing a comfortable and safe working environment.

This record should contain a description of where the workstation is situated, eg department and floor. Also, each workstation assessment record should be given a serial number for easy reference.

The record should be broken down into a series of questions about the workstation, such as space, lighting, reflections and glare, noise, temperature, humidity, equipment, furniture, software, job design, etc.

These records should be signed and dated by the assessor.


Inventory of DSE and Workstation Furniture


The make, model and serial numbers of each piece of DSE should be recorded, along with where it is sited. If the equipment fails to meet the required criteria it should be recorded and any action required to ensure compliance described.

Each piece of furniture that is part of the workstation (eg desk, chair, etc) should be recorded. Use brand names and model numbers where appropriate. If the furniture fails to meet the required criteria this should be recorded and any action required to ensure compliance described.


Record of User Training


This record should list the names of all persons who fall within the description of a user, along with their department or location where they normally work. The date that the user was given training in all aspects of health and safety training in the use of DSE and the name of the trainer should be recorded. Additionally, where training was supported by the issue of written material such as a copy of the company policy this should also be recorded.


Record of Eye and Eyesight Tests


This record should contain the names of the users of DSE, where they normally work, when the user requested an eye screening or full eye sight test and the test date. If as a result of the tests, the user requires glasses specifically for work with DSE, these must be provided by the employer. Insert the date of issue of glasses/voucher/or payment towards the cost of glasses of user's choice.


Display Screen Equipment (DSE)

Working with visual display units (VDUs) or display screen equipment (DSE) is not generally high risk, but the expansion of information technology usage in the workplace can lead to health problems associated with intensive DSE work. These problems can include musculoskeletal disorders, eye fatigue and mental stress.

The regulations are intended to prevent such health problems occurring by promoting good ergonomic design of equipment, furniture, the working environment and job tasks.

Definition of DSE 'user'

The regulations apply to most display screens where there is a 'user', that is, "employees who habitually use DSE equipment as a significant part of their normal work" - including self-employed persons in an employer's undertaking (Health and Safety [DSE] Regulations 1992).

There are some specified exclusions, such as systems on board a means of transport, systems mainly for public use, portable systems not in prolonged use, cash registers and window typewriters.

Employers' key duties

Under the Regulations employers are not required to conform to detailed technical specifications but are obliged to follow more general objectives. According to the HSE publication "Working with VDU's" employers have to:

Analyse workstations, and assess and reduce risks

Employers need to examine:-

The complete workstation including equipment, furniture and the work environment

The job and tasks being performed; and

Any special needs of individual staff (whose views may be sought as part of the assessment)

Ensure workstations meet minimum requirements

These basic requirements are good features that should be found in a workstation, such as adjustable chairs and suitable lighting. They are set out in the schedule to the Regulations, covering screens, keyboards, desks, chairs, the work environment and software.

Plan work so there are breaks or changes of activity (Regulation 4)

As the need for breaks depends on the type and intensity of the work, the Regulations require breaks and changes of activity but do not stipulate frequency or duration. The guidance on the regulation expresses general principles, such as frequent breaks are superior to longer but less frequent ones and should be taken before the occurrence of fatigue. Best practice would be for individuals to have some autonomy over the timing of breaks.





On request arrange eye tests, and provide spectacles if special ones are needed

Employees covered by the Regulations can request their employer to provide and pay for an eye and eyesight test, conducted by an optometrist or doctor. This includes additional tests periodically, the optometrist performing the initial test can advise on frequency. Employers only have to pay for spectacles if they are required for the distance at which the screen is viewed i.e. they are prerequisite for the user to operate the VDU.

Provide health & safety training and information

Employers have to provide training; to make sure employees can operate their DSE and workstation safely, and know how to use it effectively so as to avoid health problems.

Information should also be provided about VDU health and safety. This should include general background information - such as distributing the HSE publication "Working with VDU's" to relevant staff. It should also cover more specific details of the action taken by the employer to comply with the Regulations, such as measures to reduce risks and the arrangement of breaks.

Remember that these Regulations are minimum requirements and should not be allowed to supplant any existing VDU Agreements, unless improvement is required.

Main risks from DSE work

The HSE Guidance to the regulations describe three main risks associated with DSE work:

Repetitive Strain Injury (RSI), also called Work-related upper limb disorders (WRULDs) which cause pain in hands, wrists, shoulders, the neck and the back (see forthcoming bulletin for further details)

Eye and eyesight effects including headaches, sore eyes and blurred vision; and

Stress and physical fatigue

Radiation

VDU's generate radiation, and the latest HSE advice is that the amounts are insufficient to pose a significant risk to health.

Whilst the current scientific evidence does not demonstrate any link between miscarriages and birth defects for pregnant women using VDU's the HSE guidance recognises that expectant mothers can still suffer stress and anxiety when using such equipment. Women who are pregnant or who are planning children and are concerned about using VDU's should be given the opportunity to discuss their concerns with someone adequately informed of current authoritative scientific information and advice.

Representatives should ensure that, in particular, if pregnant staff are worried about radiation emitted from VDU's they should be reassured by the employer that their equipment conforms to the approved safety standards (making sure that it is). Such staff should ask their supervisor for, if possible alternative non-VDU duties. Co-operation and understanding from all parties can prevent unnecessary stress on such staff.


What is the health and safety policy statement?


Your health and safety policy statement sets out how you manage health and safety in your organisation. It is a unique document that shows who does what; and when and how they do it.

This is an example of a policy statement that you can use, fill in and keep in your workplace. However, you do not have to use this document or format. You are free to record and store the information in any form you choose. This format gives you an idea of the kind of information you need to record.


Why do I need a health and safety policy statement?


The health and safety policy statement is your starting point to managing health and safety in the work place. By law, (Health and Safety at Work etc Act 1974 section 2(3)) if you employ five or more people you must have a written health and safety policy. This contains your statement of general policy on health and safety at work and the organisation and arrangements for putting that policy into practice.


Writing a health and safety policy is more than just a legal requirement- it is your commitment to planning and managing health and safety. It is a key to achieving acceptable standards, reducing accidents and cases of work related ill health and it shows your employees that you care for their health and safety.


Who should do what?


With very few exceptions, the responsibility for health and safety rests on you as an employer. However, many day-today tasks may be delegated. Your statement should show clearly how these tasks are allocated, but remember, your will have ultimate responsibility


You should consult your employees (through safety representatives, if you have any) about the policy statement. Everyone should be able to see from the policy statement exactly who is responsible for different things, such as advice, reporting an accident, and first aid.


When and how should they do it?


Your policy statement should describe your arrangements, i.e. the systems and procedures you have in place for ensuring employees’ health and safety.


You may wish to refer to other documents, e.g. works’ rules, safety checklists, training programmes, emergency instructions, etc. all employees may not need to see all the other documents, but they must see the policy statement itself.






How often do need to revise the policy statement?


It should be reviewed and possibly revised in the light of experience, or because of operational or organisational changes. It is useful to review the policy regularly (e.g. annually)




Do I have to do anything else?


Yes, you have other legal duties under legislation. In particular, under the management of Health and Safety at Work Regulations 1999, you have to access the risks arising from your work activities and record the significant findings (you can cross-refer to page ? of his document). You also have to record your arrangements for health and safety (you can use this document to do that). Depending on your type of work, there may be other specific legislation that will apply.


REMEMBER: What you write in the policy has to be put into practice. The true test of a health and safety policy is the actual conditions in the workplace, not how well the statement is written.








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