The Health & Safety at Work etc. Act 1974

The basis of British health and safety law is the Health and Safety at Work etc Act 1974. The Act sets out the general duties which employers have towards employees and members of the public, and employees have to themselves and to each other and imposes a duty of care on every person at work, in relation to their respective duties in the workplace.  This includes employers, employees, owners and occupiers of workplaces, suppliers and manufacturers of articles, materials and substances used at work and self-employed persons.These duties are qualified in the Act by the principle of ‘so far as is reasonably practicable’. What the law requires here is what good management and common sense would lead employers to do anyway: that is, to look at what the risks are and take sensible measures to tackle them.

DUTIES OF EMPLOYERS

The employer's’main duties are to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all of their employees.  In particular the duties include:-

-        the provision of safe plant and systems of work;
-        the safe use, handling, storage and transport of articles and substances;
-        the provision, where required, of information, instruction, training and supervision;
-        the provision of a safe place of work, including safe access and egress, and a safe working environment with adequate welfare facilities. 

SAFETY POLICY

Where five or more persons are employed the employer must have in place a written general health and safety policy.  

A general health and safety policy must consist of the following sections :

 1. A statement of intent, which should:

 - set out the aims and objectives of the organisation;
 - be written in clear language so that it is easy to understand;
 - be brief;
and
 - be signed and dated by the most senior person within the organisation. 

2. Organisation of Health and Safety, which should:
 - define and names, position and job description of those, within the organisation, who have responsibility for health and safety, e.g. managers, directors, employee representatives;
- include certain key functions e.g. accident investigation, health and safety training and information, health and safety monitoring and audit, monitoring and maintaining plant and equipment and health surveillance. 

3. Arrangements for Health and Safety, which should include:
 - details of how the policy statement is to be carried out, including health and safety rules, emergency procedures, provision of facilities such as first aid, handling, using, maintaining and testing equipment, permits to work, food hygiene and risk assessments.

The health and safety policy must be brought to the notice of all employees and be revised and updated as necessary.

Duties of Owners/Occupiers

The Act provides that each employer or self-employed person has a duty to conduct their undertaking in such a way to ensure, so far as reasonably practicable, that persons who are not employed by them who may be affected, are not exposed to risks to their health and safety.

Those persons in control of domestic premises have a duty to ensure, so far as is reasonably practicable, that the premises, including means of access and exit, and plant or substances are safe and pose no risk to health.

Duties of Manufacturers/Suppliers

The provisions of the Act state that designers, manufacturers and those who import or supply any article or substance for use at work must ensure, so far as reasonably practicable, that:-
-        they are safe and pose no risk to health and safety (when used properly in accordance with manufacturers’ instructions);
-        tests or examinations, as necessary for the performance of their duties, are undertaken;
-        they provide adequate information, including any revisions, as to performance;
-        they undertake necessary research to discover, eliminate or minimise any risks to health or safety;
-        any person who erects or installs any article for use at work in any premises where that article is to be used by persons at work ensures that nothing about the way in which it is erected or installed makes it unsafe or a risk to health when properly used.

Duties of Employees

The Act provides employees with a duty to take reasonable care for the health and safety of themselves and other persons who may be affected by their acts or omissions at work.  In addition, employees must co-operate with their employer and other persons to enable them to fulfil their legal obligations under the Act.

 

HEALTH AND SAFETY INFORMATION

The Health and Safety Information for Employees Regulations place an obligation on employers to display the approved poster entitled “Health and safety – what you should know” or distribute the approved leaflet. By doing so employers can provide their employees with information relating to their health, safety and welfare.  In addition employers must complete the relevant sections of the poster or leaflet with the name and address of the relevant enforcing authority (i.e. either the HSE or the local authority) together with the Employment Medical Advisory Service.

CONSULTATION

EMPLOYER'S DUTY TO CONSULT

The Health and Safety (Consultation with Employees) Regulations were introduced in order that employees working in organisations where there is no recognised trade unions be consulted on health and safety issues.  Employers are required to consult either their employees directly, or their safety representatives, (i.e. taking account their views and opinions before any health and safety decision is made) on the following matters:-

-        the introduction of any measure or new technology which may substantially affect employees’ health and safety;
-        the employer’s arrangements for appointing or nominating competent persons (in accordance with the Management of Health and Safety at Work Regulations);
-        any information that should be provided in accordance with specific legislation, e.g. information contained in any risk assessment which could affect the health, safety and welfare of employees;
-        the planning and organisation of any health and safety training that is required by specific legislation.

Persons to be Consulted

The Regulations state that employers must consult with either:-
-        the employees directly, or
-        at least one Representative of Employee Safety.

Functions of Representatives of Employee Safety

Representatives have the following functions:-
-        to take up with the employer matters of potential hazards and dangerous occurrences in respect of the group of employees represented;
-        to take up with the employer matters affecting the general health and safety of employees they represent;
-        to represent the employees who elected them in consultations with health and safety inspectors.

Duty to Provide Information

Employers are required to provide any elected Representatives of Employee Safety with sufficient information in order for them to carry out their functions, for example:-
-        what are the likely risks and hazards, arising from their work;
-        accidents and diseases reported under RIDDOR;
-        measures to eliminate or reduce risks; and
-        actions employees must take when encountering risks and hazards.

MANAGEMENT

The Management of Health and Safety at Work Regulations supplement the requirements of the Health and Safety at Work etc. Act 1974 and set out the obligations and responsibilities faced by both employers and their employees on issues of health and safety at work. The main requirement on employers is to carry out a risk assessment.

Risk Assessment
The Regulations require all employers, and self-employed persons, to assess the significant risks to persons (employees and others who may be on their premises, e.g. members of the public) who may be affected by the activities of their undertaking. The assessment involves the identification of hazards and establishing who might be harmed and how.  The assessment must also include an evaluation of risks associated with those hazards and consideration must be given as to whether existing preventive and protective measures are adequate or if additional control measures are needed.

Risk Assessment covers many common risks such as:

• Management of Health and Safety at Work Regulations 1999
• Manual Handling Operations Regulations 1992
• Personel Protective Equipment Regulations 1992 (PPE)
• Health and Safety (Display Screen Equipment Regulations) 1992
• Noise at Work Regulations 1989
• Control of Substances Hazardous to Health 1992 (COSHH)

There are also other highly specialised risks such as major hazards, ionising radiation, genetic manipulation etc.

COMMON FEATURES

They all require you to do certain things to help you take decisions about what to do to prevent people being harmed. However, the risk assessment provisions of the Management Regulations are rather special. They require employers and self-employed people to assess the risks created by their undertaking so as to identify the measures they need to have in place to comply with their duties under health and safety law. As such, the assessment provisions of the Management Regulations are superimposed over all other workplace health and safety legislation including the general duties in the Health and Safety at Work Act.

The assessments must take into account young persons who may lack experience and/or may not be aware of potential risks.  In addition new or expectant mothers, employed by the organisation, must also be considered.  These general assessments will help to identify health and safety matters which might require specific attention, for example manual handling operations or noise at work.

Employers with five or more employees need to record the significant findings of the risk assessment.

A GUIDE TO RISK ASSESSMENT REQUIREMENTS

The Management Regulations risk assessment provisions are very wide-ranging and allembracing. They are comprehensive in coverage of places, activities and other sources of hazard. They require you to assess all the risks in your workplace. That is, what could cause harm to yourself, your employees (if any) and members of the public, and the likelihood that harm will occur in practice. You then need to decide on the precautions you must take to prevent the harm happening. In doing so you will have to take account of the specific things that the law says you must do (in regulations for example), available guidance on good practice, and what is reasonably practicable.

The risk assessment provisions in the other regulations are much more specific and generally require you to do particular things for certain groups of people and/or if certain conditions are met. For example, if there is a risk of people breathing in asbestos dust because of your activities, you will have to find out the type of asbestos you have in your workplace and how much of it people are likely to breathe in, before you can decide on the precautions you need to take to prevent people being harmed. You will find other examples as you read this guide.

WHO HAS TO ASSESS THE RISKS?

In all cases employers and self-employed people are responsible for assessing the risks and seeing that it is adequately done, except for the Display Screen Regulations where, if you are a self-employed person, you don't have to undertake an analysis of workstations. But remember, under the Management Regulations self-employed people will still have to satisfy themselves that they are not at risk when working with display screens.

You don't have to carry out assessments yourself. You can assess the risks and record the significant findings yourself if you are confident that you can do so but, if not, you can get help from a competent source. Remember to consult and involve your workforce. Your employees and their representatives know first hand what the risks in the workplace are and will often be able to offer practical solutions to controlling them.

WHOSE RISKS SHOULD BE ASSESSED?

The Management Regulations require you to assess risks to the health and safety of anyone that may be affected by your activities - yourself, workers and members of the public. However, you will have to check whether the other regulations require you to do certain things for all or some of these people. For example, the Display Screen Regulations require employers to assess workstations for health and safety risks to their workers and self-employed people working for them, but not members of the public. Similarly, the Manual Handling Regulations require you to assess risks to yourself and your employees (if any) but not to members of the public.

Here again you must remember that under the Management Regulations you have to make sure that members of the public are not harmed by your activities. For example, if you invite members of the public to use display screens, you have to ensure that they can do so without risks to their health and safety, using good practice and what is reasonably practicable as a guide.

WHAT RISKS SHOULD BE ASSESSED?

The Management Regulations in effect require you to examine what in your work could cause harm to people so that you can weigh up whether you have taken enough precautions or should do more to meet what the law says you must do. However, the risk assessment provisions in the other regulations covering specific hazards often tell you in more detail what you need to examine. For example, the Manual Handling Regulations list the factors that you must consider if you or your workers have to lift loads that could cause injury.

HOW THOROUGH SHOULD THE ASSESSMENT BE?

The risk assessment provisions in all these regulations say that your assessment of risks must be either 'adequate' or 'suitable and sufficient'. These mean the same thing and tell you that you do not have to be over-complicated. In deciding the amount of effort you put into assessing risks, you have to judge whether the hazards are significant and whether you have them covered by satisfactory precautions so that the risks are small.

WHEN TO ASSESS

Though the Management Regulations do not say so, in practice you have to assess the risks in your workplace before you begin any new work. Many of the other specific regulations (eg COSHH) tell you that you cannot start work before you have assessed the risks they cover, or tell you at what stage you have to do certain things. For example, if noise in your workplace is at or exceeds a certain level then the Noise Regulations assessment provisions require you to do certain things.

RECORDING THE ASSESSMENT

The Management Regulations and some of the other regulations require those of you who have five or more employees to record the significant findings of your assessment. However, if you have to do the specific things that the risk assessment provisions of the Noise Regulations or the Asbestos Regulations require, then you have to keep a record of every assessment, even if you have less than five employees.

REVIEWING THE ASSESSMENT

All the regulations require that you review your assessment and revise it as necessary. They all say that you have to do this if you 'suspect that your assessment is no longer valid or there has been a significant change', or words to that effect. The COSHH, Lead and Asbestos Regulations also say that you must reviewyour assessment regularly. This is good practice anyway and Five steps recommends this be done for assessments made under other regulations.

A Chancellor Health and Safety Starter pack is an excellent way to ensure adequate procedures are in place, addressing all the mainstream issues of health and safety law. Click for more information.

Assessments need to be reviewed on a regular basis and must be revised when there has been a significant change in the workplace or to the activities undertaken.

Principles of Prevention
Where an employer implements any preventive and protective measures the following principles must be adopted:-
- avoid the risks;
- evaluate risks which cannot be avoided;
- combat risks at source;
- adapt 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, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health;
- adapt to technical progress;
- replace the dangerous by the non-dangerous or the less dangerous;
- develop a consistent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment;
- give collective protective measures priority over individual protective measures; and
- give appropriate instructions to employees.

Health Surveillance
Employers are required to provide their employees with health surveillance, if the assessment highlights this as relevant, for example, where there is an identifiable disease or poor health condition. 

Procedures for Serious and Imminent Danger and Contact with External Services
The Regulations provide that employers must establish procedures for dealing with serious and imminent dangers, such as fire evacuation plans, which must include the appointment of a sufficient number of competent persons to deal with any necessary evacuation of the premises.  The procedures should also allow for any persons at risk to be informed of the hazards and how and when to evacuate the workplace to avoid danger.

As appropriate, contact arrangements with external services for first-aid, emergency medical care and rescue work must also be set up.

Information for Employees
Employers are obliged to provide their employees with information on the risks to their health and safety identified by the assessment, the preventive and protective measures in place, details of emergency procedures, the identity of persons appointed to assist on health and safety matters and details of risks notified by other persons, e.g. other employers who share the same workplace. 

Co-operation and Co-ordination
Where two or more employers share a workplace (whether on a temporary or a permanent basis) the Regulations state that each employer must inform the other employer of the risks to their employees' health and safety arising out of or in connection with the activities undertaken by that employer.

Capabilities and Training
Employers must ensure that all employees’ capabilities with regard to health and safety is taken into account and ensure they are provided with adequate health and safety training, e.g.
-        on recruitment
-        if exposed to new or increase risks
-        when new procedures, systems or technology is introduced.

Employees Duties
The Regulations also provide employees with certain responsibilities, for example, they must use equipment and materials properly and in accordance with instructions and training.  They are also required to report, to their employer or a fellow employee, serious and imminent danger and any shortcomings in the employer’s health and safety arrangements.

Training, Time Off and Facilities
Employers must ensure that representatives receive the training they need together with time off with pay to undertake that training.

Representatives must also be given time off with pay, and any other facilities and assistance they may require, in order for them to undertake their duties. Candidates for election to representative are also permitted to receive time off with pay to carry out their roles.

 

FIRE PRECAUTIONS

The Fire Precautions Act provides that certain designated properties are required to have in place a fire certificate. Fire certificates are issued by local authorities and apply to the following two categories of properties:-
-        premises used as a hotel or boarding house providing sleeping accommodation for more then six people or premises where sleeping accommodation is provided elsewhere than on the ground or first floor, and
-        factory*, office, shop and railway premises where more than 20 people work or where more than 10 people work other than on the ground floor. 

*For factory premises a fire certificate is also required when explosive or highly flammable materials are stored or used (unless determined otherwise by the fire authority).

 The onus is on the owner/occupier of any such premises to make an application for a fire certificate.

In addition to the obligations under the Fire Precautions Act, the Fire Precautions (Workplace) Regulations apply to virtually all workplaces and place the responsibility for ensuring fire safety on the employer or those in control of a workplace. These Regulations deal with general fire precautions and include:-

Fire Detection and Fire Fighting

Where necessary* each workplace must have:-
-        appropriate fire-fighting equipment, fire detectors and alarms,
-        non-automatic equipment that is easily accessible, simple to use and indicated by signs.

Employers are required to nominate employees to implement the measures and ensure that the number of persons nominated and their training and equipment is sufficient for the risk.  In addition, employers must arrange any contacts with external emergency services.

Emergency Routes and Exits

Where necessary* in order to safeguard people and relevant to the risks at the workplace the following must be complied with:-
-  routes to emergency exits and the exits themselves must be kept clear at all times,
-  emergency routes and exits must lead as directly as possible to a place of safety,
-  in the event of danger people must be able to evacuate the workplace quickly and as safely as possible,
-  the number, type and distribution of emergency routes and exits must be adequate for the risk and the number of people,
-  emergency doors must open in the direction of escape
-  sliding or revolving doors are not to be used for emergency exits
-  emergency doors must not be locked or fastened so they cannot be easily and immediately opened by any person who may require them in an emergency
-  emergency routes and exits must be indicated by signs and those requiring illumination must adequate emergency lighting.

 *An assessment of fire risks to determine the extent of necessary fire precautions, must be undertaken in accordance with The Management of Health and Safety at Work Regulations, taking into account:-

-        any sources of ignition present in the workplace,
-        the presence of combustible materials produced, used or stored in the workplace,
-        flammable substances produced, used or stored in the workplace,
-        structural features of the workplace,
-        activities undertaken at the workplace,
-        the maximum number of people at risk from the effects of fire, at any one time, including those persons who are not employees, e.g. contractors, visitors and
-        any existing measures for reducing the risk of fire.

Maintenance

Where necessary in order to safeguard the safety of people in case of fire, the workplace and any fire-fighting and fire detection equipment and emergency routes and exists must be subject to a suitable system of maintenance and be kept properly maintained at all times.

 

ELECTRICITY

 The purpose of the Electricity at Work Regulations is to require precautions to be taken against risk of death or injury from electrical work activities.  They apply to most places of work and electrical systems at all voltages.

Duties

The Regulations place legal duties on employers, employees and the self-employed where they relate to matters under their control, for example, employers and the self-employed should have in place a safe system of work to ensure that electrical systems are installed, operated and maintained in a safe manner.

Employers are also obliged to asses and define foreseeable risks from all electrical equipment and electrical systems found in the workplace.

Employers must also ensure that all electrical equipment, including fixed equipment and portable appliances, is suitable for its intended use and is regularly maintained, inspected and tested to prevent danger to those persons using the equipment and ensure it is used only by competent persons. 

SYSTEMS, WORK ACTIVITIES AND PROTECTIVE EQUIPMENT

The Regulations provide that systems must be constructed and maintained in such a way so as to prevent danger.  Construction includes the physical condition, arrangement of components and design of the system and equipment.

In addition, each work activity, including the operation, use and maintenance or work near a system must be undertaken in such a way so to prevent danger.

Protective equipment that is provided should always be suitable for its purpose and must be maintained and properly used.

STRENGTH AND CAPABILITY OF ELECTRICAL EQUIPMENT

Electrical equipment must not be put into use where its strength and capability might be exceeded in a way that gives rise to danger.

ADVERSE OR HAZARDOUS ENVIRONMENTS

Electrical equipment that may be exposed to:
-        mechanical damage;
-        the effects of weather, natural hazards, temperature or pressure;
-        the effects of wet, dirty, dusty or corrosive conditions; or
-        any flammable or explosive substances;
must be contsructed and protected in such as way that prevents danger.

INSULATION, PROTECTION AND PLACING OF CONDUCTORS

Any conductors in a system which may give rise to danger should be either:
-        covered with insulating material, or protected further if necessary;
-        or have precautions taken which will prevent danger, e.g. by having in place strictly controlled working practices.

EARTHING AND OTHER SUITABLE PRECAUTIONS

Where a conductor, other than a circuit conductor, could become charged as a result of use or a fault in the system, precautions must be taken, e.g. by earthing, or other means such as double insulation.

CONNECTIONS and MEANS FOR PROTECTING FROM EXCESS CURRENT

Each joint or connection, including terminals, plugs and sockets, has to be mechanically and electrically suitable for use to prevent the risk of electrical injury.

In addition, each part of a system must be protected from excess current by a suitably located efficient means, such as a fuse or circuit breaker.

CUTTING OFF THE SUPPLY AND FOR ISOLATION

There must be suitably located and identified means of cutting off the electricity supply to any electrical equipment and also isolating any electrical equipment.

PRECAUTIONS FOR WORK ON EQUIPMENT MADE DEAD

Precautions, such as locking off isolators and tagging equipment, must be taken to prevent electrical equipment that has been made dead from becoming live while work is being carried out, on or near the equipment.

 

WORK ON OR NEAR LIVE CONDUCTORS (Reg 14)

No person must work near a live conductor, except one that is insulated, unless:
-        it is unreasonable, in all the circumstances, for it to dead,
-        it is reasonable, in all the circumstances, for them to be at work on or near it while it is live, or
-        suitable precautions are taken to prevent injury.

WORKING SPACE, ACCESS AND LIGHTING (Reg 15)

Adequate working space, means of access and lighting must be provided for all electrical equipment at which, or near to which, work is being undertaken in such a way that may give rise to danger. 

NB. Electrical contractors have additional responsibilities under the BS 7671 "Requirements for Electrical Installations" and are required to record all checks, inspections and tests carried out on electrical installations

FIRST-AID

The Health and Safety (First-Aid) Regulations and the First Aid at Work Approved Code of Practice require all employers to make provision for first-aid facilities, equipment and first-aid personnel for their employees.

Duties of the Employer

Employers must provide, or ensure that there are provided:-
-        adequate and appropriate first-aid facilities and equipment
-        sufficient qualified first aiders to administer first-aid
-        at least one appointed person, who is someone to take charge of situations, together with first-aid equipment and facilities and where first-aid may be needed.

In addition, self-employed persons must provide adequate first-aid facilities so that they may administer first-aid to themselves, if necessary.

To determine the amount of first-aid provision needed, employers must assess the first-aid needs of the workplace taking into account the following:

-        the work area and the activities carried out in that area;
-        all persons in the workplace at work at all times, irrespective of their hours of work;
-        any vulnerable employees who may be at greater risk, e.g. trainees, young workers and people with disabilities;
-        employees who work away from the main worksite, and/or who travel or work alone;
-        those persons who are unable to read or understand first-aid notices;
-        any accidents or injuries that may have occurred in the past, paying attention to the type, number, frequency and consequences;
-        information gathered from other risk assessments already undertaken e.g. hazards identified in an assessment undertaken in connection with the Management of Health and Safety at Work Regulations the Control of Substances Hazardous to Health Regulations.

 Where the workplace area being assessed is remote from emergency medical services employers should inform the local emergency medical services of the address/location together with details of any circumstances specific to the site including specific hazards.   Consideration should also be given to making special arrangements with the emergency services.

Employers are also required to provide a suitable first-aid room (or rooms) where the assessment of first-aid needs deems this necessary and provide at least one first-aid container for each work-site identified in the assessment.  In addition, a personal first-aid kit or first-aid travel kit should be provided to each person who travels or works alone.

Information for Employees

The Regulations oblige employers to inform their employees of the first-aid arrangements that are in place including the location of equipment, facilities, and first-aid personnel.

Recording of Accident/Incidents

Details of any accidents should also be recorded in an accident book.

A written agreement, setting out the first-aid cover for their employees who may be working for another 'host' employer must also be established.

 WORKPLACE

The Workplace (Health Safety and Welfare) Regulations provide that employers, or persons who have control of a workplace, must comply with minimum safety and health requirements for the workplace. They must safeguard the health and safety of all employees, including those with disabilities, for example suitable and sufficient ventilation and lighting and ensure the maintenance of workplace equipment and systems. In addition they must provide all employees with adequate welfare facilities, such as sanitary conveniences, washing facilities and facilities for rest and to eat meals.

Maintenance of Workplace, Equipment, Devices and Systems
The workplace and the equipment, devices and systems must be maintained (including cleaned as appropriate) in an efficient state, in efficient working order and in good repair and, where appropriate, subject to a suitable system of planned maintenance.

Systems include ventilation, emergency lighting, safety fences, window cleaning devices and moving walkways.

Ventilation
The Regulations state that effective and suitable provision shall be made to ensure that every enclosed workplace is ventilated by a sufficient quantity of fresh or purified air.
Any plant used for this purpose must include an effective warning device to give visible or audible signals of any failure of the plant which might endanger health or safety.

Temperature in Indoor Workplaces
During working hours, the temperature in all workplaces inside buildings must be reasonable and a sufficient number of thermometers must be provided to enable persons at work to determine the temperature in any workplace inside a building.

Temperatures should be at least 16 degrees Celsius, or where strenuous effort is involved 13 degrees Celsius.

A method of heating or cooling shall not be used which results in the escape into a workplace of fumes, gas or vapour which is likely to be harmful or offensive to any person.

Lighting
Each workplace must have suitable and sufficient lighting which should, so far as is reasonably practicable, be provided by natural light.

In addition, suitable and sufficient emergency lighting should be provided in any room in circumstances where persons at work are specially exposed to danger in the event of failure of artificial lighting.

Cleanliness and Waste Materials
Each workplace, furniture, furnishings and fittings should be kept sufficiently clean and surfaces of the floors, walls and ceilings of all workplaces inside buildings should be capable of being kept sufficiently clean.

So far as is reasonably practicable, waste materials must not be allowed to accumulate in a workplace except in suitable receptacles.

Room Dimensions and Space
Each room where persons work should have sufficient floor area, height and unoccupied space for purposes of health, safety and welfare.

Room dimensions need to allow adequate unoccupied space to work in and to move freely.  Generally, 11 cubic metres per person is required, excluding anything which is more than 3 metres high and furniture etc.

Workstations and Seating
Each workstation should be arranged so that it is suitable both for any person at work in the workplace who is likely to work at that workstation and for any work likely to be done there.

Each outdoor workstation should be arranged so that, so far as is reasonably practicable, it:-

-        provides protection from adverse weather;
-        it enables any person at the workstation to leave it quickly or, as appropriate, be assisted in the event of an emergency; and
-        it ensures that any person at the workstation is not likely to slip or fall.

Suitable seating should be provided for each person at work in the workplace where work can or must be undertaken sitting down.

A suitable footrest should also provided where necessary.

Condition of Floors and Traffic Routes
All floors and surfaces of each traffic route in a workplace should be of sound construction and have adequate strength and stability, taking into account the loads placed on them and traffic passing over them.

Floor surfaces and traffic routes should be free from any hole, slops or uneven or slippery surface which is likely to cause a person to:-

-        slip, trip or fall,
-        drop or lose control of anything being lifted or carried, or
-        lose control or stability of vehicles and/or their loads.

So far as is reasonably practicable, every floor and the surface of every traffic route in a workplace must be kept free from obstructions and from any article or substance which may cause a person to slip, trip or fall.

Suitable and sufficient handrails and, if appropriate, guards shall be provided on all staircases except where a handrail cannot be provided without obstructing the traffic route.

Open sides of staircases should be fenced and loading bays should have exits or refuges to avoid people getting crushed by vehicles.

Tanks and Pits
Where there is a risk of a person in the workplace falling into a tank, pit or structure containing a dangerous substances that is likely to:-

-        scald or burn,
-        be poisonous or corrosive,
-        have an asphyxiating gas, fume or vapour or
-        have any granular or free flowing substances likely to cause harm,

 the tank, pit or structure must be securely covered or fenced.

Ladders and Roofs
Fixed ladders should not be provided where it would be practical to install a staircase.  They should be provided in pits, tanks and other similar structures into which workers need to descend.

Any such ladders must be of sound construction, properly maintained and securely fixed.

 It is important that precautions are taken to reduce the likelihood of falls from roofs, such as taking care of old materials on roofs which may be fragile and, where necessary, provide suitable permanent access.

Windows, and Transparent or Translucent Doors, Gates and Walls
Each window or other transparent or translucent surface in a wall or partition and every transparent or translucent surface in a door or gate shall, where necessary for reasons of health or safety must be of a safety material or be adequately protected against breakage. 

Windows, Skylights and Ventilators
No window, skylight or ventilator, which is capable of being opened shall be likely to be opened, closed or adjusted in a manner which exposes any person performing such operation to a risk to his health or safety.

No window, skylight or ventilator shall be in a position when open which is likely to expose any person in the workplace to a risk to his health or safety.

Ability to Clean Windows etc. Safely
All windows and skylights in a workplace shall be of a design or be so constructed that they may be cleaned safely.

In considering whether a window or skylight is of a design or so constructed as to comply with paragraph (1), account may be taken of equipment used in conjunction with the window or skylight or of devices fitted to the building.

Organisation etc. of Traffic Routes
Every workplace shall be organised in such a way that pedestrians and vehicles can circulate in a safe manner.

Traffic routes in a workplace shall be suitable for the persons or vehicles using them, sufficient in number, in suitable positions and of sufficient size.

Doors and gates
Doors and gates must be of sound construction and fitted with appropriate safety devices.  For example:-

-        doors and gates which swing in both directions should have a transparent panel (unless it is low enough to see over);
-        sliding doors should have a stop device to prevent the door coming off the end of the track;
-        any upward opening door or gate should have a device to prevent it falling back;
-        any powered door or gate must suitable and effective features to prevent it causing injury by trapping any person; 

Escalators and moving walkways
Escalators and moving walkways must:-

-        function safely;
-        be equipped with any necessary safety devices; and
-        be fitted with one or more emergency stop controls which are easily identifiable and readily accessible.

Sanitary conveniences
Suitable and sufficient sanitary conveniences should be provided at readily accessible places.

Any such sanitary conveniences will not be deemed suitable unless:-
-        the rooms containing them are adequately ventilated and lit;
-        they and the rooms containing them are kept in a clean and orderly condition; and
-        separate rooms containing conveniences are provided for men and women except where each convenience is in a separate room with a door capable of being secured from inside.

Washing facilities
Suitable and sufficient washing facilities, including showers if necessary, should  be provided at readily accessible places.

The facilities should be:-

-        provided in the immediate vicinity of every sanitary convenience or changing rooms, whether or not provided elsewhere as well;
-        include a supply of clean hot and cold, or warm, water (which should be running water so far as is practicable);
-        include soap or other suitable means of cleaning;
-        include towels or other suitable means of drying;
-        sufficiently ventilated and lit;
-        kept in a clean and orderly condition; and
-        have separate facilities for men and women, except where they are provided in a room with a door capable of being secured from inside and the facilities in each such room are intended to be used by only one person at a time.

Drinking water
An adequate supply of wholesome drinking water shall be provided for all persons at work in the workplace.

Each supply of drinking water must be:-
-        readily accessible at suitable places; and
-        marked by an appropriate sign where necessary for reasons of health or safety.

There should also be a sufficient number of suitable cups, or other drinking vessels, unless the supply of drinking water is in a jet from which persons can drink easily.

Accommodation for clothing
Suitable and sufficient accommodation should be provided for the clothing of any person at work, which is not worn during working hours, and for special clothing worn by any person at work but not taken home.

 The accommodation for clothing should have:-

-        suitable security for the clothing mentioned in paragraph;
-        include separate accommodation for clothing worn at work and for other clothing;
-        so far as is reasonably practicable, allow or include facilities for drying clothing; and
-        be in a suitable location.

Facilities for changing clothing
Suitable and sufficient facilities should be provided for any person at work in the workplace to change clothing in all cases where the person has to wear special clothing for the purpose of work and that person cannot, for reasons of health or propriety, be expected to change in another room.

Facilities for rest and to eat meals
Suitable and sufficient rest facilities should be provided at readily accessible places and should include suitable facilities to eat meals, have adequate seats with back-rests and table, have the means to heat food (unless hot food is available nearby) and for making hot drinks.

Rest rooms and rest areas should include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke and suitable facilities should be provided for any person at work who is a pregnant woman or nursing mother to rest.

In addition, suitable and sufficient facilities should be provided for persons at work to eat meals where meals are regularly eaten in the workplace. 

WORK EQUIPMENT

WORKING TIME

The Working Time Regulations give rights to employees* and place obligations on employers. The main requirements of the regulations relate to working time limits, including the maximum number of hours to be worked per week and the length of night work. For employees who are to work at night, employers are required to provide them with a free health assessment.
In addition, employees are entitled to minimum daily and weekly rest periods and a minimum period of paid leave per annum.

Employers are required to retain a record of their employee's hours and time of work and any health assessments to provide evidence that they are complying with the obligations under the Regulations.
Certain aspects of the regulations can be excluded or amended, in relation to certain groups of workers, for example, for objective or technical reasons or reasons concerning the organization of work and provided there is in place a collective agreement or a workforce agreement. 

Working Time Limits
The Regulations oblige employers to take all reasonable steps to ensure that a workers working time does not exceed an average 48 hours per week based on a 17 week standard reference period. In the absence of an agreement to the contrary, the standard reference period will be any period of 17 weeks in a worker’s employment. Where a worker has worked for the employer for less than 17 weeks, the reference period is the time that has elapsed since the commencement of work for the employer. In certain circumstances the reference period can be extended to 26 weeks and up to 52 weeks by a collective or workforce agreement.

Opting Out
Individual workers can agree with their employer to work in excess of the 48-hour average weekly limit.  Such an agreement must be in writing and must allow the worker to end the agreement if he/she so chooses. When exercising the option to terminate the agreement, the worker must give the employer written advance notice. The minimum notice to end the agreement is 7 days, the maximum is 3 months. Employers are required to records identifying the workers who have agreed to work in excess of the 48-hour average weekly limit. These records must be made available for inspection by the enforcing authorities if required.

Young Workers
Employers are required to take all reasonable steps to ensure that the maximum working time for young workers does not exceed 8 hours per day, with a maximum of 40 hours per week. The working hours of a young worker cannot be averaged out and a young worker cannot ‘opt-out’ of the 40 hour weekly limit. Where a young worker is employed by more than one employer the maximum working time shall be determined by adding together the number of hours worked for each employer. The limits do not apply where the work undertaken by the young worker is necessary to either:
- maintain continuity of service or production, or|
- is in response to a surge in demand for a service or product,and;
- no adult worker is available to perform the work and- undertaking the work would not adversely affect the young worker’s education or training. 

Night Work Limits
A night worker is someone who, on most of the days on which they work:-
-  works at least three hours of night time in the normal course of their daily working time, or
-  who is likely to work those hours on at least such a proportion of their annual working time as is specified in a collective or workforce agreement, or
-  who is deemed to work such hours as a normal course, e.g. on a shift pattern requiring regular night working. A night workers ‘normal hours’ of night work should not exceed an average of eight hours in each 24 hours over a 17-week reference period. Night time is a period of at least 7 hours inclusive of the hours from midnight to 5a.m.  Unless specified in a relevant night time is the period 11pm. to 6am. 
Employers should ensure that young workers are not employed to work at night between the hours of 10pm and 6am or, where the contract of employment provides for work after 10pm, between the hours of 11pm and 7am. Exceptions apply to certain sectors. 

Modification or Exclusion of the Night Work Limits  
The Regulations allow the employer and workers to agree, in a collective or workforce agreement, to modify or exclude the night work limits or extend the reference period. 

Work at Night Involving Special Hazards  
The Regulations impose an 8 hour working time limit on a night worker’s actual working time in any period of 24 hours where the worker’s work involves special hazards or heavy physical or mental strain. This limit applies to work that is identified in a collective or workforce agreement between the employer and workers, which takes account of the specific effects and hazards of night work, or by risk assessment under the Management of Health and Safety at Work Regulations as posing a significant risk to health or safety.

Health Assessments for Night workers 
Employers are obliged to offer night workers or those who are about to become night workers, the opportunity of a free health assessment, or if the worker is a young worker, a free health and capacities assessment, to determine their fitness for the night work to which they are, or may be, assigned.  Any such employees should also be offered the opportunity of a further health assessment at suitable intervals. 

Paid Annual Leave  
The Regulations give employees a statutory minimum paid leave entitlement of four weeks per ‘leave year’. During their first year of employment, employees may not take more leave than they have accrued, calculated in advance, at one twelfth of their total annual leave entitlement per month employed, unless the employer agrees to the contrary. Other than in the case of termination of employment, statutory minimum leave entitlement cannot be substituted by payment in lieu although any contractual leave that is additional to the minimum entitlement may be. Where paid leave has been taken in excess of that accrued, prior written agreement must be obtained from the employee for any subsequent deduction, equal to the amount of overpaid holiday pay, to be deducted from the employee’s salary upon termination of the employment.

Where ‘bank and public holidays’ constitute paid leave entitlement, they may count towards the statutory minimum. 

The ‘Leave’ (holiday) Year 
Where no other relevant agreement exists, the leave year will run from and include the date the worker commenced employment with the employer, renewable on each anniversary of that date. 

Notice Periods for Paid Annual Leave  
Where no relevant agreement exists to the contrary, workers can choose when to take the paid leave to which they are entitled by giving the employer sufficient advance notice. The minimum advance notice period required from the worker to the employer is twice as many days as the requested number of leave days specified in the notice, e.g. worker requests 5 days leave, minimum advance notice to employer is 10 days. Employers can refuse to allow the leave to be taken by giving the worker advance notice equal to at least the period of leave requested, e.g. worker requests 5 days leave, minimum advance notice to worker is 5 days. Employers can also require a worker to take either all or part of their paid leave entitlement at specified times providing the employer gives advance notice to the worker equal to at least twice the leave at issue, e.g. employer requires worker to take 10 days leave during the summer closure, worker must be given at least 20 days advance notice. 

Rest Period Entitlements 
Daily and weekly rest should be taken consecutively and are in addition to any statutory paid annual leave entitlement. A worker’s daily and weekly rest periods and rest break may be modified or excluded by a collective agreement or workforce agreement. 

Daily Rest 
During each 24-hour period of work a worker is entitled to a rest period of not less than eleven consecutive hours. A young worker is entitled to a period of twelve consecutive hours’ rest (this rest period can be interrupted where the work is split up over the day, or is of short duration).   

Weekly Rest Period 
A worker is entitled to an uninterrupted rest period of at least 24 hours in each 7-day period which may be averaged over a 14-day period. A young worker is entitled to 2 days rest in each week (which cannot be averaged over a 14 day period). 

Rest Breaks 
When a worker’s daily working time is more than six hours, they are entitled to an uninterrupted in-work rest break of at least 20 minutes. It should not be taken at the start or end of the working day nor overlap the daily rest period. Where a young worker’s daily working time is more than four and a half hours, the rest break entitlement is at least 30 minutes. NB. The working time and night work limits and the entitlement to rest periods and in-work rest breaks do not apply to workers whose time is ‘unmeasured’, e.g. those having complete control over the hours they work and whose time is not measured or predetermined by their employer.  Where only part of a worker’s working time is measured or predetermined, or cannot be determined by the worker himself, the working time and night time limits will apply to that part. *Excluded sectors

When the Working Time Regulations came into force it excluded the air, rail, road, sea, inland waterway and lake transport, sea fishing, offshore work and the activities of doctors in training as it was decided that these sectors required individual specific legislation to accommodate working time measures. A European Directive covering these sectors, known as the Horizontal Amending Directive (HAD) (2000/34/EC), was adopted on 1 August 2000. Three further sector specific Directives have also been adopted: The Road Transport Directive (RTD) which makes provision in respect of breaks, rest periods and working time for those subject to Council Regulation No. 3820/85 on the harmonisation of certain social legislation relating to road transport, otherwise known as “the European drivers’ hours regulations”. The RTD was implemented in April 2005. The Aviation Directive limits annual working time of mobile personnel (as defined inn the Directive) to 2000 hours, covers some elements of standby time and restricts flying time to 900 hours. The Directive also requires "appropriate" health and safety protection for all mobile personnel and contains provisions for a monthly and yearly number of rest days. The Department for Transport will be consulting on its proposals to do this shortly. 

The Seafarers' Directive on the organisation of working time provides for a maximum working week of 72 hours and 14 hours' rest in any 24 OR a minimum weekly rest requirement of 77 hours and 10 hours in any 24-hour period. It also provides for 4 weeks' paid annual leave and health assessments. The Department for Transport implemented this Directive through the Merchant Shipping ( Hours of Work) Regulations which came into effect on 7 September 2002.The HAD extends the provisions of the Working Time Directive (WTD) to:

• - all non-mobile workers in road, sea, and inland waterways transport and  seafishing;
  - the activities of junior doctors;
  - to those workers in aviation not covered by the Aviation Directive; and;
  - to all workers in the rail and offshore sectors.

The HAD also provides more limited protection to mobile workers involved in the road transport sector:

• - those not covered by the RTD will be entitled to an average 48-hour working week, 4 weeks' paid annual holiday, health assessments for night workers and provision for adequate rest.

• - those subject to the RTD will be entitled to health assessments if a night worker and 4 weeks' paid annual leave.

This means that with very minor exceptions all workers (mobile and non-mobile) in all sectors will be covered either by the Working Time Directive, as amended by the Horizontal Amending Directive, or the sector specific directives. Although most of the above will be implemented by amending the existing Working Time Regulations, some of the rights and protections conferred by the HAD will be implemented by amending the existing regulations that cover the different sectors. For example, the Department for Transport will be implementing the HAD in respect of sea fishermen, and mobile workers in inland waterways through amendments to the Merchant Shipping Act. 

RIDDOR

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) are applicable to all work activities and place a duty on employers, the self-employed or persons in control of work premises to report work related deaths and certain work-related accidents, diseases and dangerous occurrences.

Notification and Reporting of Major Injuries (including death) and Dangerous Occurrences 
The Regulations state that death, major injuries and dangerous occurrences must be notified to the relevant enforcing authority immediately*. Notification must be made by the quickest means practicable, i.e. by telephone, e-mail or on-line and then followed up by sending a report form (F2508) within 10 days using the appropriate procedure as stipulated by the HSE. 

Reporting of over three-day injuries 
Where a person at work is unable to undertake work they might reasonably be expected to do for more than three consecutive days (excluding the day of the accident but including days which would not have been working days) due to an injury resulting from an accident at work, a report on form F2508 must be sent (unless it has already been reported as a major injury (including death) or dangerous occurrence.

Reporting of Cases of Disease 
In cases where a medical practitioner notifies an employer that an employee is suffering from a reportable work-related disease, a disease report, F2508A, must be completed and forwarded to the relevant enforcing authority 

Which Enforcing Authority? 
The enforcing authority to which reports are to be made will depend upon the type of workplace. Local Authorities are responsible for retail organisation, some warehouses, most offices, hotels, catering, sports and leisure workplaces, consumer services and places of  worship. The Health and Safety Executive (HSE) are responsible for all other places of work.
Records Records of any such accidents or other incidents must be made and retained for a minimum period of at least three years.

Display Screen Equipment (DSE)