The Health and Safety at Work Act 1974

One Act to enable and to enforce Intent: to create simple rules adequate, enforceable law to provide: a) safety in the workplace b) protection for visitors and the public

The Health and Safety at Work Act 1974

Creates duties for: employers employees others Makes it everybodys business

Everybodys business
To involve: employers managers employees contractors, subcontractors controllers of premises manufacturers, suppliers, retailers, etc. To protect: everyone including members of the public

Everybodys business

The Act made by Parliament Regulations made by Ministers Approved Codes of Practice Guidance Notes

The Health and Safety at Work Act 1974

Part 1 Health, Safety and Welfare in the Workplace Part 2 The Employment Medical Advisory Service (EMAS) Part 3 Amended Building Regulations Part 4 General Provisions

The Health and Safety at Work Act 1974

Section 2 (1)

It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees. This is the general duty of the employer. The Act then lays down some specific duties.

Duties of employers
To provide safe:

plant, regularly maintained systems of work workplace access to and egress from the workplace use, handling, storage and transport of articles and substances

Duties of employers
Provision of:

welfare facilities information

adequate supervision
instruction and training

Safety Policy Statements

If five or more employees, the employer must:

prepare publicise revise when necessary

A written statement of the employers safety policy, and the organisation and arrangements in force to carry out that policy

Persons other than employees

Employers have a duty to ensure, so far as is reasonably practicable, that their activities do not endanger those not in their employ: subcontractors the public
Self-employed people have a similar duty: to themselves to others

Duties of employees
To take reasonable care for the health and safety of self and others at work

To comply with: the employers health and safety rules health and safety law
Not to intentionally or recklessly interfere with anything provided in the interests of health and safety

Duties of others

Designers Manufacturers Importers Suppliers of articles, materials or substances for use at work

All have duties

Duties of others
To ensure a safe product Design To monitor products: testing examination research To provide adequate information for use

Reasonably practicable

The minimum standard that the law will accept in creating and keeping a safe and healthy workplace is that all that is reasonably practicable has been done.

Reasonably practicable

To prove that a task or requirement was not reasonably practicable, it would be necessary to show the cost, time and trouble involved outweighed the likelihood of an accident or injury. The burden of proof rests with an accused person.

Safe systems of work

What has to be done: audit of statutory obligations hazard-spotting, inspections improvement plans Writing the rules: safe working procedures roles and responsibilities

Safe systems of work

Ensuring knowledge and compliance: providing resources information, instruction, training and supervision part of safety arrangements in the Safety Policy Statement

Health and Safety Commission (HSC)

Health and Safety Commission (HSC)

Health and Safety Executive (HSE)

Employment Medical Advisory Service (EMAS)

Powers and duties of inspectors

Enter premises: examine investigate Obtain assistance Seize evidence Measure, record, etc. Question staff

Powers and duties of inspectors

Serve notices: improvement (remedy) prohibition (stop work) Avoid imminent danger: seize and destroy Prosecute for offences

Prosecution
May be dealt with by:

Magistrates Court * Crown Court (Judge and Jury) Offences are punishable with severe fines and, in some cases, imprisonment. Sheriffs Court in Scotland

The Construction Regulations

Employees have a duty to comply: with the regulations where they apply with rules made by employers in compliance with the regulations

Regulation 14 (1) and 14(2): Employees duties Safe usage of: machinery and equipment dangerous substances transport equipment means of production safety devices

The Management of Health and Safety at Work Regulations 1999

The Management of Health and Safety at Work Regulations 1999

Use of training provided and compliance with safety rules Obligation to report: hazardous work situations unsafe working conditions Applies to all aspects of work not previously reported

The Construction (Design and Management) Regulations 1994

Client or agent must appoint competent persons as: planning supervisor principal contractor

The Construction (Design and Management) Regulations 1994

Duties of principal contractor:

safety plan management of health and safety control access to site ensure training is given give information to contractor Contractors employees must obey site rules made by principal contractor

Consultation
The

Health and Safety (Consultation with Employees) Regulations 1996 The Safety Representatives and Safety Committees Regulations 1977 Safety representatives may be elected A safety representative may consult with you

and attend an employers safety committee

Consultation
The

employer is required to consult on matters relating to safety Employees should provide constructive and helpful feedback Consultation takes place whether or not a union is recognised

Hazardous substances
Either: specified by law recognised from experience recognised by common sense Include: cement, plaster, paints, solvents, oils, grease, dust, fumes

Areas of risk
They can be: breathed in swallowed absorbed through the skin They can cause: injury to health disablement disfigurement death

Employers must
Assess

risks to health caused by substances used at work Prevent or control exposure Ensure use of control methods Monitor the work environment Carry out necessary health surveillance Provide information, instruction and training as necessary

Employees must
Co-operate with the employer Make correct use of control measures: safe systems safety equipment

Employees must
Report all defects: plant, machinery, safety equipment other control measures Attend medical examinations when required Provide health information to medical advisers when necessary

Checklist

Where am I working? What are the hazards? What are the rules? safe systems safety equipment Who else is involved? can I endanger them? can they endanger me?

Checklist

How do I plan the work? Does everything work correctly? do not use unsafe equipment report all defects

Electricity at Work Regulations 1989

Safe construction of systems Safe use and maintenance Provision and use of suitable protective equipment

Electricity at Work Regulations 1989

No overloading of systems or equipment Construction and protection of equipment from conditions of use Insulation of conductors

Electricity at Work Regulations 1989

Earthing and other protective measures Correct location of switches Use of suitable joints and connections

Electricity at Work Regulations 1989

Use

of fuses and circuit breakers and isolation of supply Keeping dead circuits safe

Electricity at Work Regulations 1989

No work on live conductors unless: unreasonable to make system dead reasonable to allow live work suitable precautions are taken

Electricity at Work Regulations 1989

Provision

space

of adequate access, lighting and

Only

workers with technical knowledge and experience to work where such knowledge and experience is necessary

Electricity at Work Regulations 1989

Employees

responsibilities

Properly

qualified electricians may, at times, carry out similar responsibilities to those of an employer

Electricity at Work Regulations 1989

All employees have duties of: exercising reasonable care for self and others co-operation with employers in electrical safety matters compliance with employers safety procedures and arrangements exercising care and correct use of equipment

Noise
Three levels of daily personal exposure:

First action level = 85dB(A) (You have to shout to be heard at 2 metres) Second action level = 90dB(A) (You have to shout to be heard at 1 metre) Third action level = 200 Pascals (140dB(A)) (Noise level produced by some cartridge tools)

Noise
First action level, an employer must:

reduce noise to lowest practicable level set up and keep records provide information and training on risk of damage to ears, use of ear protectors, etc. use and maintain noise control equipment

Noise
Second action level, an employer must:

set up a control programme create ear protection zones provide, maintain and ensure use of ear protection

Noise
Employees must: use any ear protectors provided when noise is at the second level or above use any other protective equipment and report any defects to employer

Noise
General duty of employees: co-operate with employer compliance with the law and employers safe systems proper and correct use of safety equipment

Head protection
Employers in construction must: provide, maintain and replace head protection as necessary ensure use, so far as is reasonably practicable, unless there is no foreseeable risk of injury

Head protection
Persons

in charge of sites may make rules concerning the wearing of head protection
and self-employed must wear head protection when so required

Employees

Working safely
Ask yourself the health and safety considerations: nature and condition of articles or substances nature and condition of workplace and vicinity actions of yourself and others

Working safely

Know the safety procedures and work to them

Look for defects and report them promptly