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Health and safety is a trade union issue. Accidents are far less likely to happen in workplaces with active - and well-trained - union safety reps. And that's a statistical fact.
The key to a healthy work environment is prevention and, ideally, the law should only be used as a last resort. Having said that, reps still need to know what it says. This leaflet provides a basic summary of the law governing health and safety at work.
It follows that it is for guidance only and reps should seek further detailed advice in the event of an accident or injury at work. The Health and Safety Executive can be contacted on www.hse.gov.uk.
Under the 1974 Act, employers have a duty "to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees." They must therefore ensure that they:
employ competent staff
provide a safe system of work as well as safe premises, plant and equipment
provide health and safety information, instruction, training and supervision to employees
consult safety representatives of recognised trade unions about health and safety arrangements
ensure that their activities, their premises, plant and machinery do not endanger anybody
Employees also have obligations under the legislation to take reasonable care for their own health and safety. And they have to inform their employer and other employees of any situation that might be considered a danger to them, plus make them aware of any shortcomings in the employer's safety arrangements. This obligation applies equally to all the following regulations.
These regulations require all employers and self-employed people to carry out a risk assessment of their workers and others affected by what they do. This will involve:
identifying the hazards that exist (such as a machine or installation, or a situation with the potential to cause harm), and
evaluating the extent of the risks involved.
The aim is to avoid the risk altogether, but risks that cannot be avoided have to be evaluated and controlled.
The assessment should ensure that all risks in the workplace are addressed and should cover all groups of employees. It must also look at risks to women in the workforce who are of child-bearing age, whether pregnant or not.
Once the assessment has been carried out, employers with five or more employees have to record any significant findings which should include:
a list of major hazards
the existing control measures in place
the extent to which they control the risks
any groups of employees at risk.
There is no single way to carry out an assessment, but the Health and Safety Executive (HSE) suggests that employers should follow five simple steps:
look for hazards
decide who might be harmed and how
evaluate the risks and decide whether the existing precautions are adequate or whether more should be done
record the findings
review the assessment and revise if necessary.
The level of detail in the assessment should be broadly proportionate to the risk. The purpose is not to catalogue every trivial hazard, but to encourage employers to know (and do something about) the hazards in their workplace.
The regulations also require employers to survey their employees' health, particularly in the following circumstances:
where there is an identifiable disease or adverse health condition related to the work concerned
where valid techniques are available to detect indications of the disease or condition
where there is a reasonable likelihood that the disease or condition may occur
where surveillance is likely to improve the protection of the health of the employees to be covered.
Although employers do not have to involve union appointed reps in the risk assessment, the HSE recommends that they do.
Manual handling means "any transporting, or supporting of a load (including lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force."
The regulations state that every employer shall "so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve there being a risk of injury."
Where it is impossible to avoid such an operation, the employer has to make an assessment of the risk and then take steps to reduce the risk of injury.
The employer must take account of:
the physical suitability of the employee to carry out the operation
the clothing, footwear or other personal effects they are wearing
their knowledge and training
the results of any risk assessments carried out under the MHSWR (see above)
whether the employee is one of a group of employees who are particularly at risk
results of any health surveillance undertaken under the MHSWR (see above).
In addition, employers have to take account of different features of the load (such as
resistance to movement, its size, shape or rigidity), and the circumstances in which the load is handled (posture, frequency and duration of handling). They also have to provide employees with general information, and where possible with precise details, about the weight of each load.
Employers also need to be aware that the physical capability of individuals varies with age, and the risk of injury is therefore likely to be higher for employees in their 50s and 60s than for younger workers. As women have different capabilities to men, they should not be asked to lift the same weights as their male counterparts. As a general rule of thumb, women should only lift about two-thirds of the weight that men lift.
Employers also have to take care in the case of pregnant workers, as manual lifting may endanger the health of the woman as well as her unborn child.
If, having done a general risk assessment required under the MHSWR, a hazard is identified that cannot be eliminated, then employers have an absolute duty to provide suitable personal protective equipment for any employee who may be exposed to the risk.
However, before obtaining the equipment, they have to do another specific assessment to make sure the equipment is suitable. This must include: an assessment of the risks that cannot be avoided in any other way, a list of the requirements that the equipment must have to be effective, and a consideration of what equipment is available to fulfil those requirements.
Suitable is defined as
appropriate for the risks involved
taking into account any ergonomic requirements and the health of the person wearing it
capable of fitting the wearer after adjustments
effective in preventing or controlling the risk, as far as possible
complying with relevant conformity standards.
Employers have to maintain any equipment that they provide and must keep it in efficient working order and proper repair. They also have to provide appropriate accommodation for the equipment when it is not in use. Not surprisingly, employers also have to make sure that the equipment is used properly.
For their part, employees need to know what risks the equipment will avoid or limit, how the equipment is to be used (so they need training and guidance in that) and make sure it is kept in good working order.
These regulations require employers to ensure that any work equipment provided is suitable (from a health and safety perspective) and used safely. The definition of "work equipment" is very wide, and includes "tool box" tools such as hammers and handsaws as well as machines, lifting equipment, portable ladders etc.
The regulations require employers to select equipment that is suitable for the purpose for which it will be used at work. They also have to assess the location in which the work equipment is to be used and take account of any risks that may arise from the particular circumstances.
The equipment must also be kept in good working order, and therefore has to be inspected from time to time. This is an absolute obligation, so if a piece of equipment causes an injury the employer will generally be in breach of the regulation, regardless of the reason.
Anyone using the equipment must have adequate health and safety information made available to them and where appropriate, written instructions for the use of the work equipment. They must also have received adequate training in using the equipment, and, where appropriate, refresher training. Any warning notices must be clear and easily seen.
These regulations require employers to maintain their workplace in an efficient state (from the point of view of health and safety, not production), in efficient working order and in good repair. They apply to factories, shops, offices, hospitals, hotels and schools as well as service roads within the confines of a factory premises.
They do not apply to construction sites, some mineral extraction sites or domestic premises (although they do apply to residential care premises).
Every employer must ensure that any workplace under his or her control complies with the regulations. Where employees work somewhere not under their employer's control (such as a private house), then the employer has no duty.
In essence, the regulations require that the workplace (and the equipment in it) should be maintained in good working order and kept clean. For instance:
Any enclosed workplace should be ventilated by fresh or purified air.
The temperature inside buildings should be reasonable (no less than 16 degrees celsius), with enough thermometers provided to determine the temperature.
There should be suitable lighting, preferably natural light which allows workers to do their work and move around in safety.
Workstations should be suitable for the people using them and the work done at them. They should be arranged so that they can be left quickly in an emergency and offer protection from adverse weather conditions. If the work can be done seated, then a suitable seat must be provided.
The surfaces of floors should be kept free from holes and uneven or slippery surfaces. If floors have slopes, a handrail should be provided and any holes should be repaired straight away. If this is not practicable, then the area should be protected by barriers and clearly marked.
Floors should be kept free of obstructions which could cause someone to slip, trip or fall. This is particularly important on or near empty stairs, steps, doorways and fire exits.
Workrooms should have sufficient floor area, height and unoccupied space to work in -the HSE recommends that the volume of an empty workroom, divided by the number of people working in it, should be at least 11 cubic metres.
Employers must, as far as possible, take steps to prevent someone falling a distance likely to cause them a personal injury. They must also take measures to prevent people from being struck by a falling object.
There must be suitable and sufficient toilet and washing facilities provided at readily accessible places. These should be kept clean and there should be running water, soap and towels or other means of drying.
There must be an adequate supply of drinking water.
These regulations are for the protection of employees and the self-employed who regularly use display screen equipment in their normal work. Employees are covered whether they are required to work at their employer's workstation or at one provided for them at home.
A display screen user is someone who depends on the equipment to do their job, working at the screen for more than an hour at a time on a daily basis. The regulations require display screen users to have regular breaks, preferably away from their screens.
They are also entitled to eye tests at regular intervals. Employers are required to assess the risks associated with display screen equipment and then do everything they can to eliminate or reduce the risk of injury.
These regulations have recently been amended by the COSH (Amendment) regulations 2004.
They apply to employers who are required to control exposure to hazardous substances to protect employees and others who may be exposed.
Hazardous substances include those used in work activities (e.g. adhesives, paints, cleaning agents); substances generated during work activities (e.g soldering and welding fumes); naturally occurring substances (e.g. grain dust); and biological agents such as bacteria and micro organisms.
Employers have to:
assess the risks
decide what precautions are required
prevent or adequately control any exposure
ensure control measures are used and that safety procedures are followed
monitor the exposure
carry out health surveillance
prepare plans and procedures to deal with accidents and emergencies.
The risk assessment must include a consideration of the hazardous properties of the substance; the safety information provided by the supplier; the likely levels of exposure; exposure limits; and exposure monitoring and health surveillance results. Where there is a risk employers must monitor the health of employees and retain the records for up to 40 years;
If an employer cannot prevent exposure, he or she has to apply protective measures, such as using appropriate processes, systems, controls and equipment; controlling exposure at source e.g. by ventilation and extraction; limiting the number of employees exposed and the duration of the exposure; providing protective equipment (e.g. face masks, respirators, protective clothing).
Employers must prepare suitable plans to deal with the risk of accidents and emergencies arising from the hazard. These plans must ensure that in the event of an incident the effects will be minimized. Safety drills must be set up and practised. Employees must be provided with information about the hazards, appropriate instruction in the use of the hazardous substance and adequate training.
A recognised trade union can appoint safety reps from among the workforce -there is no limit to how many they appoint, but their number should ideally reflect the size of the workforce. Their main functions are:
to investigate potential hazards and examine the causes of accidents at work
to investigate complaints by employees and present their findings to the employer
to make representations to the employer on general health and safety matters
to carry out safety inspections
to liaise with HSE inspectors.
Reps are allowed paid time off to perform their duties or undergo relevant training; to be consulted by the employer about health and safety matters; to inspect the workplace (usually no more frequently than every three months); and to inspect and take copies of documents that the employer is required by law to keep.
If two or more safety reps ask their employer to set up a safety committee, the employer must comply within three months of the written request. The committees should act as a forum for discussion about health and safety issues in the workplace.