The principal update of UK health and safety legislation was the
Health and Safety at Work etc. Act 1974 (HASAWA).
New regulations are produced under relevant sections of HASAWA.
It is mandatory for all European Union (EU) member states to
introduce legislation to enforce EU directives.
Health and safety legislation results from EU directives written
under Article 118A of the Treaty of Rome.
In the UK the Health and Safety Commission (HSC) produces health
and safety regulations and relevant codes of practice.
The Health and Safety Executive enforces these regulations.
Risk Assessment
Every employer must make a suitable and sufficient
assessment of the significant risks to the health
and safety of his employees and any other persons
affected by his company's activities.
Any such assessment must be reviewed if it is
suspected that it is no longer valid or if
significant changes are made to the way work is carried out.
An employer who employs five or more employees must
record the significant findings of the assessment and
any groups of workers who are especially at risk.
A risk assessment should:
ensure that all significant risks and hazards are considered;
ensure that all aspects of the work activity are covered;
take account of non-routine operations, eg maintenance, cleaning;
take account of interruptions to the work activity, which frequently cause accidents;
be systematic in identifying hazards and evaluating risks;
take account of the way work is organised;
take account of risks to the public;
take account of fire risks.
Principles of Prevention
In deciding which preventive and protective measures to take
employers should apply the following principles of prevention:
avoid the risk altogether
evaluate the risks which cannot be avoided
combat risks at source
adapt the work to the individual
take advantage of technical progress
replace the dangerous by the non-dangerous or the less dangerous
give collective protective measures priority over individual protective measures
give appropriate instructions to employees
develop a coherent overall prevention policy.
Health and Safety Arrangements
Planning for health and safety involves identifying
priorities and setting objectives. Risks should be
eliminated where possible, or minimised by the use of
physical control measures.
Organising for health and safety means ensuring that
safety is effectively managed at all levels, providing a
progressive improvement in health and safety performance.
Ensure that the measures decided upon to promote health
and safety are being implemented as planned.
Monitoring and review of the preventive and protective
measures will ensure a progressive improvement in health
and safety performance.
Health Surveillance
Health surveillance should be considered where risks to health
and safety are identified by the risk assessment and the
following criteria apply:-
there is an identifiable disease or adverse health condition related to the work
concerned;
valid techniques are available to detect indications of the disease or condition;
there is a reasonable likelihood that the disease or condition may occur;
and surveillance is likely to further the protection of the health and safety of the
employees concerned.
Techniques for health surveillance are:
an individual health record;
inspection of readily detectable conditions by a responsible person;
enquiries about symptoms, inspection and examination by a qualified person such as an
Occupational Health Nurse;
medical surveillance by an appropriately qualified practitioner;
biological effect monitoring;
biological monitoring.
Health and Safety Assistance
The number of competent persons appointed will depend on various factors, including specific
hazards, associated risks and the size of the organisation.
Competence does not necessarily mean having a professional qualification.
Competent persons require, at the very least, an understanding of current best practice,
an awareness of their own limitations, and a willingness and ability to supplement their
existing knowledge and experience.
Procedures for Serious Danger
Employers shall establish procedures to be followed in the event of a situation presenting
serious and imminent danger.
Competent persons should be appointed to help with evacuation procedures.
Procedures should be recorded and should set out the roles and
responsibilities of competent persons.
All employees and, if necessary, any other workers should be
informed of the procedures, the nature of the hazard and who
the relevant competent persons are.
Danger areas must be restricted to prevent unauthorised access.
Those with authorisation to enter a danger area must receive
adequate training.
Contacts with External Services
Employers should ensure that appropriate external contacts are in place to provide for
first-aid, emergency medical care and rescue work which are beyond the capabilities of on-site
personnel.
This requirement does not reduce the employers' duty to prevent accidents as the first
priority.
Information for Employees
Relevant and comprehensible information must be provided to all employees, including
trainees and those on fixed-duration contracts.
Information provided must be in a form that is easily understood
by those to whom it is addressed.
Information must be provided, where relevant, on:
risks to employees' health and safety;
preventive and protective measures;
evacuation procedures;
competent persons nominated to implement evacuation procedures;
and risks notified by those sharing the workplace.
Co-operation and Co-ordination
This Regulation applies where two or more employers or self-
employed persons share a workplace, whether temporarily or
permanently.
It does not apply to multi-occupancy buildings where each unit
is under the control of an individual employer and there are no shared parts.
Where two or more employers or self-employed persons share a workplace they need to
co-operate with each other to comply with relevant health and safety legislation.
They may need to co-ordinate any preventive and protective measures taken.
Host Employer
The risk assessment will identify risks to people other than the
host employers' employees. Employers and the self-employed must
provide comprehensive information on those risks, and the measures
taken to control them, to other employers and self-employed people
who undertake work on their behalf.
The information provided must enable the second employer to identify persons nominated
by the host employer, or client, to implement evacuation procedures.
The host employer, or client, must ensure that people who visit to carry out work are
given information on the risks to their health and safety. They could supply this information
directly or simply ensure they have received it from their own employer.
Visiting employees may introduce risks to the workforce of the
client. Their employers should inform the client of such risks.
Capabilities and Training
Employees should be able to carry out their work without risk to themselves or others.
Employees' capabilities should be considered when allocating
work. If necessary, additional training should be provided.
Health and safety training shall be provided to all new
recruits and to anyone exposed to new or increased risks.
Health and safety training should be provided during working hours.
Training should be repeated periodically to ensure continued competence.
Employee's Duties
Employees shall properly use any work equipment in accordance
with any training and instructions provided by their employer.
Employees shall report any work situation which could present
a serious and imminent danger to health and safety and any
shortcomings in the health and safety arrangements.
Employers must provide the necessary training and instructions
to enable employees to comply with this Regulation.
The duties placed upon employees by this and other legislation do not reduce the
employer's responsibilities to comply with health and safety legislation.
Temporary Workers
Employers must provide employees on a fixed-term contract of
employment or employed in an employment agency with information
about any special qualifications or skills required to carry out
the work safely, and any health surveillance required.
Information must also be supplied to employers in charge of
employment agencies concerning any special qualifications or
skills required by their employees to carry out their work
safely and specific features of the job their employees are
required to do which are likely to affect their health and safety.
Employers in charge of employment agencies must pass this
information on to their employees.
New or Expectant Mothers
Where the risk assessment identifies risks to new and expectant
mothers and these risks cannot be avoided by the preventive and
protective measures taken by an employer, the employer must:
alter her working conditions or hours of work if it
is reasonable to do so and would avoid the risks, or
identify and offer her suitable alternative work that
is available, or
suspend her from work; this suspension should be on full pay.
Employers need to ensure that those workers who are breastfeeding
are not exposed to risks that could damage their health and safety
as long as they breastfeed.
Protection of Young Persons
No employer shall employ a young person for work:
which is beyond his/her physical or psychological capacity
involving harmful exposure to agents which are toxic or carcinogenic, cause heritable
genetic damage or harm to the unborn child or which in any other way chronically affect human health
involving harmful exposure to radiation
involving the risk of accidents which it may reasonably be assumed cannot be recognised or
avoided by young persons owing to their insufficient attention to safety or lack of experience
or training
in which there is a risk to health from extreme cold, heat, noise or vibration.
This shall not prevent the employment of a young person
who is above the minimum school leaving age where:
it is necessary for his/her training, and
he/she is supervised by a competent person, and
the risk will be reduced to the lowest level reasonably practicable.