Health and Safety - Online Library

 

Management of Health and Safety Regulations

 

These regulations enable the European Union Directives on health and safety to take effect.  The regs supplement HASAW Act and identify a number of management issues and what measures should be carried out in all workplaces to help placing those measures in a systematic way.
Risk Assessment – Reg 3
Every employer is required to carry a ‘suitable and sufficient’ assessment of risks to employees, and risks to other people who might be affected.  The risk assessments must take into account risks to new and expectant mothers and young people.  Fire risk assessments must also be included.

Where there are 5 or more employee your risk assessments must recorded and where necessary modified should changes have been made.

Principles of Prevention – Reg 4
The following principles should be adopted when implementing preventative or protective measures.

• avoiding risks
• evaluating the risks which cannot be avoided
• combating the risks at source
• adapting the work to the individual, especially as regards the design of workplaces, the choice of work equipment and the choice of working and production methods
• adapting to technical process
• replacing the dangerous by the non-dangerous or the less dangerous
• developing a practical overall prevention policy which covers technology, organization of work, working conditions, social relationships and the influence of factors relating to the work environment
• giving collective protective measures priority over individual protective measures
• giving appropriate instruction to employees

Effective arrangements for health and safety – Reg 5
Formal arrangements must be made and documented for effective planning, organization, control, monitoring and review of safety measures.  This will involve an effective health and safety management system to implement the policy.  Where there are five or more employees this should be recorded.

Health Surveillance – Reg 6
Depending on the circumstances the surveillance of employee’s health may be required.  This would be considered relevant when an identifiable disease or poor health condition has been identified.  A competent person should be appointed to put health surveillance systems into place, this could be a manager or a fully qualified medical practitioner depending on the nature of the organisations business.

Competent Assistance – Reg 7
Every employer is obliged to appoint one or more ‘competent person(s)’ to advise and assist in undertaking the necessary measures to comply with the relevant statutory requirements.  They can be employee’s or external consultants, the main purpose is to ensure that all employees have access to health and safety expertise.  Appointed persons should be provided with adequate information, time and resources to do their job.

Information for employee’s – Reg 10
Information must be provided to staff on the risk assessment, controls in place, emergency procedures, the identity of appointed persons and risks notified by others.  The information should take into account a number of factors such as the level of training or knowledge that the employee has, communication issues should also be taken into account such as language difficulties and all information passed to employees must be in a suitable format so that it is understood.  Where children under the school leaving age are employed then information should be then passed to a parent or guardian before the child starts work, this can be done verbally if required.

Cooperation and Cordination – Reg 11, 12 and 15
Where two or more employees share a workplace, each must:

• cooperate with other employers in health and safety matters
• take reasonable steps to coordinate their safety precautions
• inform the other employers of the risks to their employees, i.e. risks to neighbours’ employees
• where people from outside organisations are present to do work they, and their employers, have to be provided with appropriate information on risks, health and the necessary precautions to be taken
• temporary staff and staff with fixed term contracts as well as permanent employees must be supplied with health and safety information before starting work
• Reg 11 does not apply to multi occupied premises or sites where each unit, under the control of an individual tenant employer or self-employed person, is regarded as a separate workplace.

Capabilities and Training
When giving tasks to employees, their capabilities with regard to health and safety must be taken into account.
          Employees must be provided with adequate health and safety training on:

• Recruitment
• On being exposed to new or increased risks
• On the introduction of new procedures, systems or technology.  Training must be repeated periodically and take place in working hours (or while being paid).

Duties on Employees – Reg 14
Equipment and materials must be used properly in accordance with instructions and training.  Obligations on employees are extended to include certain requirements to report serious and immediate dangers and any shortcomings in the employers protection arrangements.

New or expectant mothers – Reg 16, 17 & 18
Where work is of a kind that could present a risk to new or expectant mothers working there to to their babies, the risk assessments must include an assessment of such risks.  When the risks cannot be avoided the employer must alter a women’s working conditions or hours to avoid the risks; offer suitable alternative work or suspend from work on full pay.  The woman must notify the employer in writing of her pregnancy, that she has given birth within the last six months or she is breastfeeding.

Young persons – Reg 19
Employers must protect young persons at work from risks to their health and safety which are the result of lack of experience, or absence of awareness of existing potential risks or becise they have not yet fully matured.  Young persons may not be employed in a variety of situations enumerated in the regulations, which pose a significant risk to their health and safety.  The exception to this is young persons over school leaving age:

• Where the work is necessary for their training
• Where they will be reduced to the lowest level that is reasonably practicable

Provision as to Liability – Reg 21
A new provision has been added to prevent a defence for an employer by reason of any act or default by an employee or a competent person appointed under Reg 7.