Relevant legislation \200 Legislation.gov.uk (2003). Health and Safety at Work etc. Act 1 974 , Chapter 37. TSO, Norwich. Available at: M http://www.legislation.gov. uk/ukpga/1974/37 The Legislative Reform (Health and Safety Executive) Order 2008. Available at: M http://www.legislation.gov.uk/uksi/2008/960/contents/ made Further information The health and safety system in Great Britain M http://www.hse.gov.uk/ pubns/ohsingb.pdf 25_Smedley_Chap25.indd 511 1/2/2013 12:40:03 PM CHAPTER 25 UK health and safety legislation 512 Health and safety inspectors Enforcement of workplace health and safety law in the UK is th e respon- sibility of HSE inspectors and their equivalents in local authority environ- ment al health departments. HSE inspectors HSE inspectors are normally graduates, from a range of industry back- ground s. On appointment, they receive extensive additional training in health and safety and the relevant law. Currently, inspectors are organized into several directorates. \200 Field O perations Directorate (FOD) is the largest grouping of inspectors, and covers a number of sectors excluding railways (the rail industry is the res ponsibility of the Of \201 ce of the Rail Regulator): the regional of \201 ces also house the occupational physicians and nurses who work with FOD Of \201 ce for Nuclear Regulation: an agency of the HSE: regulates the nuclear industry Hazardous Installations Directorate covers health and safety in the following sectors: \200 petrochemical industry \200 explosives industry \200 mines \200 diving \200 sites where genetically modi \201 ed organisms or biological agents ar e handled transportation of hazardous agents. Role of HSE inspectors The role of HSE inspectors includes: \200 Inspection of workplaces : this may lead to: advice to the employer \200 improvement notice \200 prohibition notice \200 prosecuti on Accident investigation \200 Liaison with local authorities \200 Advice to the public \200 Information gathering. Local authority inspectors Local authority inspectors are generally environmental health of \201 cers (EHOs). Some inspectors, in larger authorities, specialize in a speci \201 c a rea such as health and safety. In contrast, EHOs in smaller authorities may also be respons ible for dealing with food hygiene, noise pollution, and other statutory duties placed on l ocal authorities. Powers of inspectors \200 Statutory right of entry to work places (without notice) \200 Right to interview staff and supervisors 25_Smedley_Chap25.indd 512 1/2/2013 12:40:03 PM HEALTH AND SAFETY INSPECTORS 513 Right to take samples and photographs \200 Right to seize dangerous equipment \200 Enfo rcement: inspectors can take enforcement action against employers, the self-employed, or employees where the prevailing standards of health and saf ety management are unacceptable. They can issue either an improvement notice or a prohibiti on notice. In serious cases they may also pursue a prosecution through the criminal courts. Improvement notice This notice requires an organization to address a named health and safet y breach within a speci \201 ed period. An employer may appeal to an employ- ment tribunal against an improvement notice. In this case, the notice is suspended pending the decision of the tribunal. Prohibition notice Issued by an inspector where there is thought to be a risk of illness or injury. Work must stop until the breach is addressed. Generally, a prohibi- tion notice ta kes immediate effect unless stopping a process immediately will be dangerous. In that situa tion a prohibition notice will be delayed until the process is complete. No suspension occu rs if an appeal against a prohibition notice is made to an employment tribunal. Relevant legislation HM Govt. (2003). Health and Safety at Work, etc., Act 1974 , Chapter 3 7. TSO, Norwich. Available at: M http://www.legislation.gov.uk/ ukpga/1974/37 25_Smedley_Chap25.indd 513 1/2/2013 12:40:03 PM CHAPTER 25 UK health and safety legislation 514 Regulations, approved codes of practice, and guidance The Health and Safety at Work etc. Ac t 1974 laid down the framework for subsequent health and safety legislation in the UK. The Act has been supplemented by various regulations that relate to particular topics (e.g. man ual handling at work). Regulations set out general principles, and are supported by more de tailed codes of practice. Regulations The Secretary of State, on the recommendation of the Health and Safety Executiv e, makes new regulations under the umbrella of the Health and Safety at Work etc. Act 1974. Increasingly, new regulations are brought forward in response to EC directives. Any propos ed new regulation under the Health and Safety at Work etc. Act 1974 must be laid before par lia- ment for a period of 21 days. Thereafter, it becomes law, provided that no objections are raised during this period. Approved codes of practice Approved Codes of Practice (ACOPs) have a special status within the UK regulatory framework. The Health and Safety Executive approve ACOPs after agreement by the relevant Secretary of State. Failure to comply with an ACOP can be held to be eviden ce of a breach of the Health and Safety at Work etc. Act 1974, or a breach of the speci \201 c regulations to which the ACOP relates. In principle, an employer can choose not to follow an ACOP. However, in the event of challe nge by an inspector, defendants must demonstrate that they have complied with regulations i n an equivalent manner to that recommended by the ACOP. \200 In practice, it is easier fo r employers to comply with an ACOP than to justify their own approach As an ACOP can be readily updated, this allows health and safety standards to be kept up to date. Guidance The Health and Safety Executive regularly issue guidance on health and safety matt ers, and on the implementation of health and safety regulations. Unlike ACOPs, employers ar e not compelled to follow guidance notes. However, compliance with regulations must still b e achieved. Relevant legislation HM Govt. (2003). Health and Safety at Work, etc., Act 1974 , Chapter 3 7. TSO, Norwich. Available at: M http://www.legislation.gov.uk/ ukpga/1974/37 25_Smedley_Chap25.indd 514 1/2/2013 12:40:03 PM This page intentionally left blank CHAPTER 25 UK health and safety legislation 516 Safety committees and safety representatives The Safety Representatives and Safety Committe es Regulations 1977 cover the prescribed functions of union-appointed safety representative s. Representatives of employee safety are the equivalent of union-ap- pointed \200\230safe ty reps \200\231 in non-unionized workplaces. Their more limited role is de \201 ned in th e Health and Safety (Consultation with Employees) Regulations 1996. Separate regulations, the Offshore Installations (Safety Representatives and Safety Committ ees) Regulations 1989, apply to workers on offshore installations, Safety representatives \200 Represent employees \200\231 interests on matters of workplac e health and safety Are immune from prosecution for their actions as safety reps \200 Must be given paid time off work to act as safety reps, and to attend training relevant to their role and responsi bilities. If an employer fails to give paid time off, the safety rep. can complain to an in dustrial tribunal. Representatives of employee safety Although the role of representatives of employee safety is more limited than that of safety reps, it is open to the employer to give them a wider r emit. Their role, as de \201 ned in legislation, is: \200 To represent workers \200\231 interests to the employer \200 To approach the employer about workplace hazards/dangerous occurrences To approach the employer about issues affecting the workers they represent. Purpose \200 Under the Health and Safety at Work etc. Act 1974, employers are required to consult with safety representatives to ensure health and safety at work Workplaces with safety committees have lower accident rates than workplaces where managers only are responsible for health and safety. Main requirements of the Safety Representatives and Safety Committees Regulations 1977 A un ion may appoint a person to represent its members at a work site. Role of the safety representative \200 To investigate complaints on health and safety or workplace welfare issues To represent employees in meetings with the employer about health and safety issues To undertake workplace inspections (Regulation 5), usually at 3-monthly intervals 25_Smedley_Chap25.indd 516 1/2/2013 12:40:03 PM SAFETY COMMITTEES AND SAFETY REPRESENTATIVES 517 To investigate workplace accidents and dangerous occurrences (Regulation 6) To raise health and safety or welfare issues with the employer \200 To consult with HSE/L A inspectors regarding workplace health and safety To attend safety committee meetings as a safety representative. Role of employers \200 Di scuss with safety reps any changes that may affect health and safety \200 Communicate to safety reps the results of any risk assessments \200 Discuss emergency and worksite evacu ation plans with safety reps \200 Provide any health and safety information to safety rep s that is necessary for them to ful \201 ll their role (excludes individual health data) \200 If r equested by two safety representatives, an employer must set up a safety committee within 3mths. Legislation and guidance \200 HM Govt. (1977). Safety Representatives and Safety Committe es Regulations 1977 . Available at: M http://www.legislation.gov.uk/ uksi/1977/500/contents /made HM Govt. (1996). Health and Safety (Consultation with Employees) Regulations 1996 . Availab le at: M http://www.legislation.gov.uk/ uksi/1996/1513/contents/made Consulting workers on health and safety. Safety Representatives and Safety Committees Regul ations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 19 96 (as amended) Approved Code of Practice and Guidance 2008 L146 HSE. 25_Smedley_Chap25.indd 517 1/2/2013 12:40:03 PM CHAPTER 25 UK health and safety legislation 518 Health and Safety at Work etc. Act 1974 Purpose The purpose of this Act is to secure the he alth, safety, and welfare of workers, and others affected by work activities. It is termed an enabling act, as it empowers the Secretary of State to create regulations under the Act. The HSC and HSE were set up as result of this act, and merged in 2008 as the HSE (see b p. 510, Health and safety regulation in the UK). Application The Act applies to all workers except those employed as domestic servants. De \201 nitions \200\230So far as is reasonably practicable \200\231 is a key phrase in U K health and safety legislation, which requires an employer to assess the risk posed by a h az- ard against the costs of addressing it: the greater the risk, the greater the effort th at should be employed to address it. If prosecuted, the burden of proof lies with the emplo yer to demonstrate that it was not reasonable to do more to control a risk. (cid:2) Limited \201 nancial resources are not a justi \201 cation for failing to do all that is \200 \230reasonably practicable \200\231. Main provisions \200 Section 2: places a duty on employers (including self-employed) to ensure, so far as is reasonably pra cticable, the health, safety, and welfare of workers the provision and maintenance of safe plant and procedures (systems of work) requires that employers maintain a written health and safety policy \200 provides for the election of workers \200\231 safety representatives and, if requested, for the creation of a safety committee Section 3: creates a general duty of care on employers (and the self-employed) towards those who are not in their employ, but who may be affected by their work activities Section 4: places a duty on those who control premises to ensure: they are maintained \200 they do not pose a health and safety risk to people (other than employees) who may work there Section 5: places a general duty on those who control premises to prevent and control harmful/offensive releases into the environment \200 Section 6: a duty on man ufacturers, importers, and suppliers to: ensure, so far as is reasonably practicable, that any work equipment or agents for use at w ork do not pose a risk to health and safety \200 arrange appropriate testing, unless info rmation is already available 25_Smedley_Chap25.indd 518 1/2/2013 12:40:03 PM HEALTH AND SAFETY AT WORK ETC. ACT 1974 519 provide information to ensure that the equipment or substance is used safely, and for its intended purpose Section 7: places a general duty on workers with regard to ensuring the health and safety of themselves and others: \200 this section places a duty on employees to co-operate with employers to comply with health and safety legislation Section 8: requires that no person shall interfere with any measures provided to protect health, safety, and welfare Section 9: employers are forbidden from charging workers for anything done in respect of th e Health and Safety at Work, etc. Act (e.g. health and safety training or provision of PPE) . Relevant legislation HM Govt. (1974). Health and Safety at Work, etc., Act 1974 , Chapter 3 7. Available at: M http://www.legislation.gov.uk/ukpga/1974/37 25_Smedley_Chap25.indd 519 1/2/2013 12:40:03 PM CHAPTER 25 UK health and safety legislation 520 Management of Health and Safety at Work Regulations 1999 Purpose The Management of Health a nd Safety at Work Regulations are generally referred to as the \200\230Management Regulati ons \200\231. They provide an overarching framework for the management of health and safety at work. More spe- ci \201 c regulations give additional detail regarding the assessment and control of key hazards. Generally, compliance with these more speci \201 c regulations will ful \201 ll the requirements of the Management Regulations. Exemptions \200 These regulations do not apply to: the captain and crew of sea-going vessels, except where the ship is in harbor, e.g. for ship repair \200 domestic staff in private homes. Main requirements \200 Every employer is required to undertake a suitable and suf \201 c ient risk assessment of the risks to the health and safety of staff and others (Reg. 3) Regulation 3 places a similar duty on the self-employed \200 Where a number of different employers share premises, they must co-operate to produce an overall risk assessment (Reg. 11) Organizations with more than \201 ve employees should record risk assessment \201 ndings Regulation 4 covers the application of preventative measures. The principles of prevention are: \200 avoid risks \200 evaluate unavoidable risks \200 c ontrol risks at source \200 \201 t the workplace to the human \200 update work practi ces as technology improves \200 substitute with less hazardous agents/processes \200 ha ve a comprehensive workplace health and safety policy \200 measures that protect everyone should be preferred over those that protect the individual provide information, instruction, and training (Reg. 13) Employers and the self-employed must have in place effective health and safety arrangements (Reg. 5). This covers: \200 planning \200 organization \200 c ontrol \200 monitoring \200 review Employers must provide health surveillance, where appropriate (Reg. 6). This mirrors the requirements of other regulations including COSHH (see b p. 532, Contr ol of Substances Hazardous to Health 25_Smedley_Chap25.indd 520 1/2/2013 12:40:04 PM HEALTH AND SAFETY AT WORK REGULATIONS 1999 521 Regulations 2002 and b p. 538, Control of Lead at Work Regulations 2002 Employers must have competent assistance to manage health and safety (Reg. 7) Employers must have procedures to deal with dangerous situations (Reg. 8) Links must be established with the emergency services for situations such as \201 re, bom b threats, or other dangerous occurrences (Reg. 9) Employers must provide information to staff regarding the results of any risk assessment, c ontrol measures in place, and emergency procedures (Reg. 10) Where a child below minimum school-leaving age is employed, special attention must be paid to health and safety risks (Reg. 19). There is a duty to communicate the results of the ris k assessment to the child \200\231s parents (see b p. 522, Young people at work) Employees must co-operate with health and safety measures \200 Special measures are requi red to control any risk that may affect the health of a new or expectant mother, or her baby (see b p. 524, New and expectant mothers). Legislation and guidance HSE (2000). Management of Health and Safety at Work Regulations 19 99, Approved Code of Practice and Guidance , 2nd edn, L21. HSE Books, Sudbury. Available at : M http://www.legislation.gov.uk/uksi/1999/3242/contents/ 25_Smedley_Chap25.indd 521 1/2/2013 12:40:04 PM CHAPTER 25 UK health and safety legislation 522 Young people at work Purpose The Management of Health and Safety at Work Regulations 1999 c ontains measures intended to protect the health and safety of young people at work. Application Young people are recognized as being at particular risk in the workplace by vir tue of their lack of work experience, in some cases compounded by psychological or physical immaturity. The guidance associated with the regulations gives a number of examples where the young worker may be at special risk. The risks of some work activities are deemed unacc eptable, and young people are prohibited from such work (e.g. lead glazing). The regulation s do not apply to short-term employment in domestic service or to non-harmful work in a fam ily business. 25_Smedley_Chap25.indd 522 1/2/2013 12:40:04 PM DEFINITIONS 523 De \201 nitions \200 A young worker is someone aged less than 18yrs of age \200 The mi nimum school leaving age (MSLA) is age 16 or just before. \200 A child is someone below t he minimum school leaving age. Main requirements \200 Employers should, when undertaking a risk assessment, pay particul ar attention to vulnerable groups of workers including young people \200 Employers must c arry out the assessment before the young person starts work Where a risk assessment identi \201 es a process or agent that may affect the health of th e young worker, the employer should inform the employee and explain how they intend to prot ect health When dealing with children under school-leaving age, the employer must communicate the risk assessment \201 ndings and control measures to their parents Where, despite controls, signi \201 cant risks remain, a young person under MSLA cannot be employed to do that work. Legislation and guidance \200 Management of Health and Safety at Work Regulations 1999. M http:// www.legislation.gov.uk/uksi/1999/3242/contents/made HSE Young People at Work. A Guide for Employers . HS(G)165, HSE Books, Sudbury. ISBN 0717618897. 25_Smedley_Chap25.indd 523 1/2/2013 12:40:04 PM CHAPTER 25 UK health and safety legislation 524 New and expectant mothers Purpose The Management of Health and Safety at Work Regulations 1 999 contains measures intended to protect the health and safety of pregnant work- ers and t heir unborn children, and also breast-feeding mothers and their children. Application The guidance to the regulations gives a number of examples where occu- pational exposures may be harmful to the worker or her child. These include work with lead, mercury , diving, underground mining, hyperbaric work, ionizing radiation, biological agents, carci nogens, and mutagens. De \201 nitions \200 A new or expectant mother is a woman who is pregnant, has given bir th in the preceding 6mths (delivered a living child or suffered a stillbirth after 24wks pr egnancy), or is breast-feeding Note that there is no limit on the duration of breast-feeding. It is for the nursing mother to determine for how long she wishes to breast-feed. The employer must then apply the regu lations to protect her and her child \200\231s health. Main requirements \200 Employers should, when undertaking a risk assessment, pay particul ar attention to vulnerable groups of workers including pregnant workers and breast-feeding mothers Where a risk assessment identi \201 es a process or agent that may affect the health of th is group of workers, the employer should inform all female employees of child-bearing age a nd explain how they intend to protect workers \200\231 health If the risk assessment indicates that, despite appropriate controls, a signi \201 cant ris k to health remains, the employer has to take other measures to protect the worker \200\231 s health: \200 \201 rst, consider adjusting the work conditions or working hours \200 if this is not possible, the employer should offer suitable alternative work if this is not possible give paid leave The risks to health during pregnancy may change and so employers must regularly review their risk assessment Employers must provide suitable facilities for pregnant workers and breast-feeding mothers to rest There is currently no requirement for employers to provide a suitable place for breast-feeding women to express or store breastmilk. However, enlightened employe rs will wish to make suitable provision. Toilets would not be deemed suitable for this purp ose. 25_Smedley_Chap25.indd 524 1/2/2013 12:40:04 PM NEW AND EXPECTANT MOTHERS 525 Legislation and guidance \200 HSE (1999). New and expectant mothers . Management of Healt h and Safety at Work Regulations 1999. Available at: M http://www.hse.gov. uk/pubns/indg373 hp.pdf HSE (2002). New and expectant mothers at work. a guide for employers , HSG122, HSE Books, Sudbury. 25_Smedley_Chap25.indd 525 1/2/2013 12:40:04 PM CHAPTER 25 UK health and safety legislation 526 Workplace (Health, Safety and Welfare) Regulations 1992 Purpose These regulations expand on the duties placed on employers by the Health and Safety at Work, etc., Act 1974. While the welfare requirements may seem detailed, they are largely based on common sense. Application All workplaces are covered with the exception of transportation (Reg. 13 applie s to planes, trains, and road vehicles if stationary in a workplace), mines and quarries, o il rigs, or building sites (Reg. 3). Work on farms or forests away from main buildings, and temporary work sites such as car- nivals, have more limited requirements covering provisio n for sanitation, washing, and drinking water \200\230so far as is reasonably practicable \200\231. De \201 nitions \200 Workplace means any place of work including shops, of \201 ces, fa ctories, schools, and hospitals. The de \201 nition includes private roadways, corridors, and tempo rary workplaces (excluding building sites) \200 Domestic premises : a private dwelling wh ere the regulations do not apply. Main requirements \200 The employer must maintain the workplace: keep it clean (Reg. 5) \200 and well ventilated (Reg. 6) \200 and dispose of waste (Reg . 9) Any indoor workplace should have a reasonable temperature (usually no lower than 16*C, but 13*C if work is physically demanding) (Reg. 7). No maximum temperature is given; instead th e regulations refer to \200\230reasonably comfortable \200\231 temperatures \200 this do es not apply where it con \202 icts with food safety or is impractical e.g. vehicle loading bays \200 thermometers should be provided \200 measure s to prevent excessive solar gain should be taken \200 heating systems should be maintain ed so they do not produce noxious fumes, e.g. carbon monoxide where temperatures cannot be maintained at comfortable levels, task rotation should be employed Every workplace shall have suitable lighting, including emergency lighting if necessary (Reg. 8) Room dimensions must be suf \201 cient for health, safety, and welfare purposes (Reg. 10). This does not apply to sales kiosks or parking attendants \200\231 cabins where space is l imited. The minimum space per person is 11m 3 (maximum ceiling height for calculation is 3m ) \200 Seating should be \201 t for the task and the person doing the task (Reg. 11) Floors, paths, and roadways should be well maintained (Reg. 12) 25_Smedley_Chap25.indd 526 1/2/2013 12:40:04 PM WORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS 1992 527 Guard rails, fences, or covers must be provided where there is a risk of falls from height or into a tank or pit (Reg. 13) Windows and transparent doors, gates, and walls must be made of safety materials, e.g. poly carbonate, annealed glass or safety glass (Reg. 14) Windows: should be capable of being opened and cleaned safely (Reg. 16) \200 should not pose a haz ard once open (Reg. 15) Workplaces should be organized so that pedestrians and vehicles can move around the site sa fely (Reg. 17), ideally by separating people and vehicles Doors and gates must be suitably constructed and operate safely (Reg. 18) Escalators and moving walkways must operate safely and have an emergency stop button (Reg. 19) Provide suitable and suf \201 cient toilets and washing facilities (Regs 20 and 21) Potable water should be readily available (Reg. 22) \200 Provide facilities for: changing clothes (Reg. 24) \200 storage for work clothing and the worker \200\231s own cl othing (Reg. 23) \200 Provide suitable canteen and rest areas (Reg. 25). Facilities for m aking a hot drink should be available. Pregnant workers or nursing mothers should be provid ed with somewhere to rest and, if necessary, to lie down. Legislation and guidance \200 Workplace (Health, Safety and Welfare) Regulations 1992. M http://www.legislation.gov.uk/uksi/1992/3004/contents/made HSE (1996). Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Pract ice and Guidance . L24, HSE Books, Sudbury. 25_Smedley_Chap25.indd 527 1/2/2013 12:40:04 PM CHAPTER 25 UK health and safety legislation 528 Health and Safety (Display Screen Equipment) Regulations 1992 Purpose The Health and Safety (Display Screen Equipment) Regulations 1992, as amended by the Health and Safety (Miscella neous Amendments) Regulations 2002, implement an EC directive on minimum health and safety standards for display screen equipment (DSE) and its use. Application Display screen equipment includes: \200 Computer monitors (also termed visual display units (VDUs)) \200 Micro \201 che readers \200 Laptop or notebook computers ( depends on usage). It excludes: \200 DSE equipment intended for short-duration public use , e.g. bank automated teller machine (ATMs) Laptops/notebooks used for short periods \200 DSE on board a means of transportation \200 Calculators \200 Cash registers \200 Medical/scienti \201 c instruments used for short periods, e.g. heart monitors. The regulations cover DSE users and do not apply to infrequent users of visual display unit s or to the general public. De \201 nitions Who is a DSE user? Someone who ful \201 ls most of the following: \200 Depends on DSE to do their job \200 Has no discretion as to use \200 Uses DSE for >1h \200 Uses DSE da ily. Main requirements \200 Risk assessment (Reg. 2) (see b p. 780, Carry out a display screen equipment assessment). This may involve a generic assessment for a group of workers doing similar tasks, and a user questionnaire completed by each user Workstation minimum requirements (Reg. 3) cover the workstation including hardware, softwar e, working environment, and the user interface. Speci \201 c requirements are described in Annex A of the Guidance on Regulations: \200 Equipment \200 Environment 25_Smedley_Chap25.indd 528 1/2/2013 12:40:04 PM HEALTH AND SAFETY (DISPLAY SCREEN EQUIPMENT) REGULATIONS 1992 529 Tasks and software should be designed using good ergonomic practice with an effective equipment \200\223user interface, and software should be \201 t for purpose Work schedules (Reg. 4) \200\224there is no speci \201 c guidance on break timing and freq uency. In general, short frequent breaks away from the workstation are preferable. Users sh ould have some discretion as to how they manage their work Vision and vision testing (Reg. 5): users may request an eye and eyesight test at the emplo yer \200\231s expense. An optometrist or a registered medial practitioner must carry out th e test. Some employers offer vision screening prior to sight testing. The user is not oblig ed to accept such screening and may proceed directly to sight testing Employers must pay for spectacles, where these are required solely for DSE use ( \200\230special \200\231 corrective appliances): \200 the employer is only requ ired to provide corrective appliances that are \201 t for purpose and not designer spectacle frames an employer may specify which professional undertakes sight tests and dispenses spectacles Information, instruction and training (Regs 6 and 7): users should receive health and safet y training regarding DSE workstations and their safe use. Legislation and guidance \200 Work with display screen equipment. Health and Safety (Disp lay Screen Equipment) Regulations 1992 as amended by the Health and Safety (Miscellaneous Amend ments) Regulations 2002. Guidance on Regulations L26 (2 edn). Available at: M http://www.le gislation.gov.uk/ uksi/1992/2792/contents/made; also available at: M http://www.hse. gov.uk /pubns/indg36.pdf Guidance on Eye Examinations for VDU Users: Association of Optometrists. Available at: M ht tp://www.aop.org.uk/uploads/ uploaded_ \201 les/guidance_on_Eye_Examinations_for_vdu_users .pdf E03: Examining patients who work with visual display screen equipment College of Optometrists Guidelines for Professional Conduct, 2011. Available at: M http://www.college-optometrists.org/ en/utilities/document-summary.cfm/docid/570D3F84 \200\2235B24 \200\2234DBF- B7145510CBBC5B15 25_Smedley_Chap25.indd 529 1/2/2013 12:40:04 PM CHAPTER 25 UK health and safety legislation 530 Provision and Use of Work Equipment Regulations 1998 Purpose The aim of the regulations is to ensure that the use of work equipment does not affect worker \200\231s health and safety . Application The regulations apply to all work sites covered by the Health and Safety at Wor k etc. Act 1974. It covers the provision and use of all work equip- ment including lifting equipment, although additional regulations govern lifting operations and lifting equipment (LOLER 1998). PUWER applies to employers, the self-employed, and persons controlling equipm ent such as plant hirers (Reg. 3). Domestic work in a private house is excluded from the re gulations. De \201 nitions \200 Work equipment means any tools, machinery, appliances, apparatus, o r installations (e.g. a production line) provided for use at work (Reg. 2). This is true ev en if the employee provides the tools, as occurs in garages The de \201 nition excludes privately owned cars, but does include vehicles not in private ownership when they are off public roads, e.g. within a factory. Main requirements \200 The regulations cover the management of the provision and use of work equipment. They also deal with features of the equipment itself, such as the provision of emergency stop buttons, guards, and safety markings Employers must ensure that equipment is suitable for its intended use (Reg. 4), and that it is only used for those activities for which it is intended High-risk equipment must be regularly inspected (Reg. 6) and maintained (Reg. 5) by competent persons. Records should be kept of maintenance to high-ris k equipment such as fairground rides Information, instruction, and training must be provided to equipment users (Regs 8 and 9). Special attention should be paid to the training of young people Any equipment should conform to European Community requirements and be CE marked 1 Equipment should have suitable guards on dangerous parts (Reg. 11) \200 Measures to prote ct workers and others from objects falling or being ejected from equipment. Controls should protect against equipment failure, \201 re, explosion, overheating, or discharge of subs tances from equipment (Reg.12) 1 CE Marking indicates that a product conforms to EU product safety rules. 25_Smedley_Chap25.indd 530 1/2/2013 12:40:05 PM PROVISION AND USE OF WORK EQUIPMENT REGULATIONS 1998 531 Workers must be protected from very hot or cold parts of a machine or articles produced by the machine (Reg. 13) Equipment should have appropriate controls, including emergency stop controls (Regs 14 \200\22316) Any controls should be clearly visible and located in safe areas, and there should be a safe system of operation Audible or visible warnings should be in place, where employees may be at risk if the machi ne starts unexpectedly while they are in a danger area, e.g. inside a paper-making machine (Reg. 17) Control systems should \200\230fail to safe \200\231 in the event of malfunction (Reg. 18) Any power source should be capable of being isolated for maintenance, or where operating conditions are unsafe. This may require interlocks and isol ating devices to be \201 tted (Reg. 19) Equipment should be stable and secure, e.g. ladders should be properly footed Adequate lighting must be provided where equipment is operated. This may require additional lighting, especially during construction or maintenance Equipment should be designed such that maintenance operations do not place workers at risk (Reg. 22) Any work equipment must be clearly marked with any necessary health and safety warnings. Any warnings (reversing alarms, \200\230power on \200\231 ligh ts etc.) must be clear and unambiguous (Regs. 23 and 24) Additional rules cover the use of mobile equipment, in particular its movement (Regs 25 \200\22330): \200 the use of roll-over protection (rather than a cab) o n mobile equipment such as forklift trucks will often require the use of restraining device s mobile equipment should be designed so that it is safe to move, and does not place the operator or others at risk drive shafts or power take-offs (PTOs) should be guarded, and have a slip-clutch to prevent catastrophic equipment failure if the shaft seizes. Legislation and guidance \200 HSE (1998). Provision and Use of Work Equipment Regulations 1998. Approved Code of Practice and Guidance , L22. HSE Books, Sudbury, Available at: M ht tp://www.opsi.gov.uk/si/si1998/19982306.htm HSE (1998). Lifting Operations and Lifting Equipment Regulations 1998. Approved Code of Pra ctice and Guidance , L113. HSE Books, Sudbury. Available at: M http://www.opsi.gov.uk/si/si 1998/19982307.htm 25_Smedley_Chap25.indd 531 1/2/2013 12:40:05 PM CHAPTER 25 UK health and safety legislation 532 Control of Substances Hazardous to Health Regulations 2002 Purpose The regulations are inte nded to protect workers from risks posed by chemical hazards in the workplace. The Regulati ons and ACOP specify how chemical hazards should be assessed, controlled, and monitored (in cluding health surveillance). Application These regulations apply to employers and the self-employed. They cover most haz ardous substances excluding the following, for which speci \201 c regulations apply: \200 Asbestos \200 Lead \200 Radio-active agents \200 Substances being used in medical t reatment \200 Substances hazardous because of \202 ammable/explosive properties. De \201 nitions \200 Substance : a natural or arti \201 cial substance whether a solid, liquid, gas, dust, \201 bre, mist, smoke, or vapor. This term includes micro-organisms. It encomp asses individual agents and mixtures which are impurities, intermediates, by-products, wast es, or \201 nal products Workplace: any place where work is being carried out, including domestic premises and the public highway \200\230So far as is reasonably practicable \200\231: \201 nancial factors may be taken into account when determining whether risk controls are reasonably practicable. Note that t he level of risk outweighs the \201 nancial resources of the organization in determining practicability. The greater the health risk, the greater the expectation of effort and expe nse Biological agents are categorized under COSHH as follows: Group 1 \200\224unlikely to cause human illness \200 Group 2 \200\224can cause human di sease. Usually effective treatment or prophylaxis is available Group 3 \200\224can cause severe human illness and may be a serious hazard to employee \200\231s health Group 4 \200\224causes severe human disease. Usually no effective treatment is available for such agents. Main requirements \200 The duties placed on employers under COSHH also apply to the self-employed (Reg. 3), except for the duty to undertake workplace monitoring and health su rveillance The use of substances listed in Schedule 2 are either restricted or prohibited, as they are deemed too hazardous to health (Reg. 4) Employers are required to carry out a risk assessment before exposing employees to a hazard ous substance (Reg. 6). If an organization has more than \201 ve employees, this risk ass essment must be recorded 25_Smedley_Chap25.indd 532 1/2/2013 12:40:05 PM CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH 2002 533 Employers must prevent or control exposure to hazardous substances (Reg. 7). This includes substitution of a less hazardous agent, reformulation of an agent ( e.g. using a paste instead of a powder), process re-engineering, industrial hygiene control s, and administrative control measures. Appendix 1 of COSHH guidance provides further infor mation on the control of carcinogens and mutagens. Schedule 3 lists additional provisions f or biological agents Employers must ensure that employees use control measures provided, and employees have a duty to do so (Reg. 8). If an employee \201 nds a defect i n a control measure, he/she must inform the employer \200 Control measures must be mainta ined, examined, and tested regularly (Reg. 9). Suitable records of such tests must be retai ned for at least 5yrs. All control measures should be regularly inspected. For most process es (except those in Schedule 4), regular inspection means weekly visual checks, and examina tion and testing every 14mths \200 Where a risk assessment indicates that workplace monit oring is needed to con \201 rm the effectiveness of control measures, an employer must comply (Reg. 10). Processes and agents listed in Schedule 5 must have speci \201 ed workplace monitori ng. Suitable records of employee monitoring should be maintained for 40yrs Health surveillance (Reg. 11) (see Chapter 22 Health surveillance: general principles) is r equired where the worker is exposed to an agent or process listed in Schedule 6 or exposure to a hazardous substance is such that: \200 an identi \201 able disease is related to e xposure \200 there is a reasonable likelihood of the illness occurring \200 valid metho ds exist to detect the disease Health records must be kept for 40yrs after the last entry. A health record (which should n ot include con \201 dential clinical information) is distinct from medical records of heal th surveillance maintained by health professionals Information, instruction, and training should be provided for employees who may be exposed to hazardous substances (Reg. 12) Regulation 13 requires employers to make plans to deal with emergencies such as spills, \201 res, or leaks. These requirements may overlap with other regulations relating to major accident hazards ( b p. 590, Control of Major Accident Hazar ds Regulations 1999).