Oxford Handbook of Occupational Health (2 edn)
Annotate
Cite
Health and safety regulation in the UK
Background
Health and safety legislation in the UK developed in a piecemeal fashion from the early nineteenth century onwards. This had the unfortunate consequence of some sectors being heavily regulated by many separate pieces of legislation, while others were effectively unregulated.
In 1970, the Robens Commission was set up to review the UK’s workplace health and safety laws. Their report led to:
The Health and Safety at Work, etc., Act of 1974 (HSW)
The establishment of the Health and Safety Executive (HSE).
Health and Safety Executive
Exists to protect the health and safety of workers (including the self-employed) and the public from hazards arising from work
Governing board of up 12 persons, appointed by the Secretary of State for Work and Pensions in consultation with key stakeholders:
employers’ organizations
employee organizations – trade unions
local authorities
Proposes health and safety legislation and associated guidance to government ministers
Responsible for enforcement of health and safety legislation in conjunction with local authorities
Undertakes reactive and planned inspection of workplaces
Funds research into health and safety issues in support of regulation.
Good for Everyone. The next steps in the Government’s plans for reform of the health and safety system in Britain. 2011.
See 
http://www.dwp.gov.uk/docs/good-health-and-safety.pdf
This document sets out a new plan for health and safety regulation in the UK, with a deregulatory agenda that aims to reduce the burden of bureaucracy for businesses. The key features are:
Reducing the number of HSE inspections, but
focusing inspections on high risk industries
shifting away from scrutiny of low risk organizations
Taking strong action against employers who breach seriously health and safety law, and making them responsible for the costs of inspections and rectification of the breach
Developing a register of competent Health and Safety Consultants, and clamping down on a perceived plethora of health and safety advisers who are not competent
Simplifying health and safety legislation and providing simple summary advice to low risk businesses
A review of health and safety regulation.
Local authorities
Statutory responsibility for health and safety inspection and enforcement in:
shops
offices
leisure
residential homes
hotels and restaurants
distribution (wholesale and retail) including petrol stations
Links with HSE through the Health and Safety Executive/Local Authorities Enforcement Liaison Committee (HELA) to ensure conformity of approach by Local Authorities across the UK (see p.
512, Health and safety inspectors).
Relevant legislation
Legislation.gov.uk (2003). Health and Safety at Work etc. Act 1974, Chapter 37. TSO, Norwich. Available at: 
http://www.legislation.gov.uk/ukpga/1974/37
The Legislative Reform (Health and Safety Executive) Order 2008. Available at: http://www.legislation.gov.uk/uksi/2008/960/contents/made
Further information
The health and safety system in Great Britain http://www.hse.gov.uk/ pubns/ohsingb.pdf
Health and safety inspectors
Enforcement of workplace health and safety law in the UK is the responsibility of HSE inspectors and their equivalents in local authority environmental health departments.
HSE inspectors
HSE inspectors are normally graduates, from a range of industry backgrounds. On appointment, they receive extensive additional training in health and safety and the relevant law. Currently, inspectors are organized into several directorates.
Field Operations Directorate (FOD) is the largest grouping of inspectors, and covers a number of sectors excluding railways (the rail industry is the responsibility of the Office of the Rail Regulator): the regional offices also house the occupational physicians and nurses who work with FOD
Office for Nuclear Regulation: an agency of the HSE: regulates the nuclear industry
Hazardous Installations Directorate covers health and safety in the following sectors:
petrochemical industry
explosives industry
mines
diving
sites where genetically modified organisms or biological agents are handled
transport of hazardous agents.
Role of HSE inspectors
The role of HSE inspectors includes:
Inspection of workplaces: this may lead to:
advice to the employer
improvement notice
prohibition notice
prosecution
Accident investigation
Liaison with local authorities
Advice to the public
Information gathering.
Local authority inspectors
Local authority inspectors are generally environmental health officers (EHOs). Some inspectors, in larger authorities, specialize in a specific area such as health and safety. In contrast, EHOs in smaller authorities may also be responsible for dealing with food hygiene, noise pollution, and other statutory duties placed on local authorities.
Powers of inspectors
Statutory right of entry to work places (without notice)
Right to interview staff and supervisors
Right to take samples and photographs
Right to seize dangerous equipment
Enforcement: inspectors can take enforcement action against employers, the self-employed, or employees where the prevailing standards of health and safety management are unacceptable. They can issue either an improvement notice or a prohibition 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 safety breach within a specified period. An employer may appeal to an employment 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 prohibition notice takes immediate effect unless stopping a process immediately will be dangerous. In that situation a prohibition notice will be delayed until the process is complete. No suspension occurs 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 37. TSO, Norwich. Available at: http://www.legislation.gov.uk/ukpga/1974/37
Regulations, approved codes of practice, and guidance
The Health and Safety at Work etc. Act 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. manual handling at work). Regulations set out general principles, and are supported by more detailed codes of practice.
Regulations
The Secretary of State, on the recommendation of the Health and Safety Executive, 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 proposed new regulation under the Health and Safety at Work etc. Act 1974 must be laid before parliament 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 evidence of a breach of the Health and Safety at Work etc. Act 1974, or a breach of the specific regulations to which the ACOP relates.
In principle, an employer can choose not to follow an ACOP. However, in the event of challenge by an inspector, defendants must demonstrate that they have complied with regulations in an equivalent manner to that recommended by the ACOP.
In practice, it is easier for 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 matters, and on the implementation of health and safety regulations. Unlike ACOPs, employers are not compelled to follow guidance notes. However, compliance with regulations must still be achieved.
Relevant legislation
HM Govt. (2003). Health and Safety at Work, etc., Act
1974, Chapter 37. TSO, Norwich. Available at: http://www.legislation.gov.uk/ukpga/1974/37
Safety committees and safety representatives
The Safety Representatives and Safety Committees Regulations 1977 cover the prescribed functions of union-appointed safety representatives.
Representatives of employee safety are the equivalent of union-appointed ‘safety reps’ in non-unionized workplaces. Their more limited role is defined in the Health and Safety (Consultation with Employees) Regulations 1996.
Separate regulations, the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989, apply to workers on offshore installations,
Safety representatives
Represent employees’ interests on matters of workplace health and safety
Are immune from prosecution for their actions as safety reps
Must be given paid time off work to act as safety reps, and to attend training relevant to their role and responsibilities. If an employer fails to give paid time off, the safety rep. can complain to an industrial 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 remit. Their role, as defined in legislation, is:
To represent workers’ interests to the employer
To approach the employer about workplace hazards/dangerous occurrences
To approach the employer about issues affecting the workers they represent.
Purpose
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 union may appoint a person to represent its members at a work site.
Role of the safety representative
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
To investigate workplace accidents and dangerous occurrences (Regulation 6)
To raise health and safety or welfare issues with the employer
To consult with HSE/LA inspectors regarding workplace health and safety
To attend safety committee meetings as a safety representative.
Role of employers
Discuss with safety reps any changes that may affect health and safety
Communicate to safety reps the results of any risk assessments
Discuss emergency and worksite evacuation plans with safety reps
Provide any health and safety information to safety reps that is necessary for them to fulfill their role (excludes individual health data)
If requested by two safety representatives, an employer must set up a safety committee within 3mths.
Legislation and guidance
HM Govt. (1977). Safety
Representatives and Safety Committees Regulations
1977. Available at: http://www.legislation.gov.uk/uksi/1977/500/contents/made
HM Govt. (1996). Health
and Safety (Consultation with Employees)
Regulations 1996. Available at: http://www.legislation.gov.uk/uksi/1996/1513/contents/made
Consulting workers on health and safety. Safety Representatives and Safety Committees Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 1996 (as amended) Approved Code of Practice and Guidance 2008 L146 HSE.
Health and Safety at Work etc. Act 1974
Purpose
The purpose of this Act is to secure the health, 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 p.
510, Health and safety regulation in the UK).
Application
The Act applies to all workers except those employed as domestic servants.
Definitions
‘So far as is reasonably practicable’ is a key phrase in UK health and safety legislation, which requires an employer to assess the risk posed by a hazard against the costs of addressing it: the greater the risk, the greater the effort that should be employed to address it. If prosecuted, the burden of proof lies with the employer to demonstrate that it was not reasonable to do more to control a risk.
• Limited financial resources are not a justification for failing to do all that is ‘reasonably practicable’.
Main provisions
Section 2:
places a duty on employers (including self-employed) to ensure, so far as is reasonably practicable, 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
provides for the election of workers’ 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
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
Section 6: a duty on manufacturers, importers, and suppliers to:
ensure, so far as is reasonably practicable, that any work equipment or agents for use at work do not pose a risk to health and safety
arrange appropriate testing, unless information is already available
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:
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 the 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 37. Available at: http://www.legislation.gov.uk/ukpga/1974/37
Management of Health and Safety at Work Regulations 1999
Purpose
The Management of Health and Safety at Work Regulations are generally referred to as the ‘Management Regulations’. They provide an overarching framework for the management of health and safety at work. More specific regulations give additional detail regarding the assessment and control of key hazards. Generally, compliance with these more specific regulations will fulfill the requirements of the Management Regulations.
Exemptions
These regulations do not apply to:
the captain and crew of sea-going vessels, except where the ship is in harbour, e.g. for ship repair
domestic staff in private homes.
Main requirements
Every employer is required to undertake a suitable and sufficient 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
Where a number of different employers share premises, they must co-operate to produce an overall risk assessment (Reg. 11)
Organizations with more than five employees should record risk assessment findings
Regulation 4 covers the application of preventative measures. The principles of prevention are:
avoid risks
evaluate unavoidable risks
control risks at source
fit the workplace to the human
update work practices as technology improves
substitute with less hazardous agents/processes
have a comprehensive workplace health and safety policy
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:
planning
organization
control
monitoring
review
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 fire, bomb threats, or other dangerous occurrences (Reg. 9)
Employers must provide information to staff regarding the results of any risk assessment, control 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 risk assessment to the child’s parents (see p.
522, Young people at work)
Employees must co-operate with health and safety measures
Special measures are required to control any risk that may affect the health of a new or expectant mother, or her baby (see p.
524, New and expectant mothers).
Legislation and guidance
HSE (2000). Management of Health and Safety at Work
Regulations 1999, Approved Code of Practice and Guidance, 2nd edn, L21. HSE Books, Sudbury. Available at: http://www.legislation.gov.uk/uksi/1999/3242/contents/
Young people at work
Purpose
The Management of Health and Safety at Work Regulations 1999 contains 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 virtue 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 unacceptable, and young people are prohibited from such work (e.g. lead glazing). The regulations do not apply to short-term employment in domestic service or to non-harmful work in a family business.
Definitions
A young worker is someone aged less than 18yrs of age
The minimum school leaving age (MSLA) is age 16 or just before.
A child is someone below the minimum school leaving age.
Main requirements
Employers should, when undertaking a risk assessment, pay particular attention to vulnerable groups of workers including young people
Employers must carry out the assessment before the young person starts work
Where a risk assessment identifies a process or agent that may affect the health of the young worker, the employer should inform the employee and explain how they intend to protect health
When dealing with children under school-leaving age, the employer must communicate the risk assessment findings and control measures to their parents
Where, despite controls, significant risks remain, a young person under MSLA cannot be employed to do that work.
Legislation and guidance
Management of Health and Safety at Work Regulations 1999. 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.
New and expectant mothers
Purpose
The Management of Health and Safety at Work Regulations 1999 contains measures intended to protect the health and safety of pregnant workers and their unborn children, and also breast-feeding mothers and their children.
Application
The guidance to the regulations gives a number of examples where occupational 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, carcinogens, and mutagens.
Definitions
A new or expectant mother is a woman who is pregnant, has given birth in the preceding 6mths (delivered a living child or suffered a stillbirth after 24wks pregnancy), 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 regulations to protect her and her child’s health.
Main requirements
Employers should, when undertaking a risk assessment, pay particular attention to vulnerable groups of workers including pregnant workers and breast-feeding mothers
Where a risk assessment identifies a process or agent that may affect the health of this group of workers, the employer should inform all female employees of child-bearing age and explain how they intend to protect workers’ health
If the risk assessment indicates that, despite appropriate controls, a significant risk to health remains, the employer has to take other measures to protect the worker’s health:
first, consider adjusting the work conditions or working hours
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 employers will wish to make suitable provision. Toilets would not be deemed suitable for this purpose.
Legislation and guidance
HSE (1999). New and
expectant mothers. Management of Health and Safety at Work Regulations 1999. Available at: http://www.hse.gov.uk/pubns/indg373hp.pdf
HSE (2002). New and expectant mothers at work. a guide for employers, HSG122, HSE Books, Sudbury.
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 transport (Reg. 13 applies to planes, trains, and road vehicles if stationary in a workplace), mines and quarries, oil rigs, or building sites (Reg. 3). Work on farms or forests away from main buildings, and temporary work sites such as carnivals, have more limited requirements covering provision for sanitation, washing, and drinking water ‘so far as is reasonably practicable’.
Definitions
Workplace means any place of work including shops, offices, factories, schools, and hospitals. The definition includes private roadways, corridors, and temporary workplaces (excluding building sites)
Domestic premises: a private dwelling where the regulations do not apply.
Main requirements
The employer must maintain the workplace:
keep it clean (Reg. 5)
and well ventilated (Reg. 6)
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 the regulations refer to ‘reasonably comfortable’ temperatures
this does not apply where it conflicts with food safety or is impractical e.g. vehicle loading bays
thermometers should be provided
measures to prevent excessive solar gain should be taken
heating systems should be maintained 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 sufficient for health, safety, and welfare purposes (Reg. 10). This does not apply to sales kiosks or parking attendants’ cabins where space is limited. The minimum space per person is 11m3 (maximum ceiling height for calculation is 3m)
Seating should be fit for the task and the person doing the task (Reg. 11)
Floors, paths, and roadways should be well maintained (Reg. 12)
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. polycarbonate, annealed glass or safety glass (Reg. 14)
Windows:
should be capable of being opened and cleaned safely (Reg. 16)
should not pose a hazard once open (Reg. 15)
Workplaces should be organized so that pedestrians and vehicles can move around the site safely (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 sufficient toilets and washing facilities (Regs 20 and 21)
Potable water should be readily available (Reg. 22)
Provide facilities for:
changing clothes (Reg. 24)
storage for work clothing and the worker’s own clothing (Reg. 23)
Provide suitable canteen and rest areas (Reg. 25). Facilities for making a hot drink should be available. Pregnant workers or nursing mothers should be provided with somewhere to rest and, if necessary, to lie down.
Legislation and guidance
Workplace (Health, Safety and Welfare) Regulations 1992.
HSE (1996). Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice and Guidance. L24, HSE Books, Sudbury.
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 (Miscellaneous 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:
Computer monitors (also termed visual display units (VDUs))
Microfiche readers
Laptop or notebook computers (depends on usage).
It excludes:
DSE equipment intended for short-duration public use, e.g. bank automated teller machine (ATMs)
Laptops/notebooks used for short periods
DSE on board a means of transport
Calculators
Cash registers
Medical/scientific instruments used for short periods, e.g. heart monitors.
The regulations cover DSE users and do not apply to infrequent users of visual display units or to the general public.
Definitions
Someone who fulfils most of the following:
Depends on DSE to do their job
Has no discretion as to use
Uses DSE for >1h
Uses DSE daily.
Main requirements
Risk assessment (Reg. 2) (see 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, software, working environment, and the user interface. Specific requirements are described in Annex A of the Guidance on Regulations:
Equipment
Environment
Tasks and software should be designed using good ergonomic practice with an effective equipment–user interface, and software should be fit for purpose
Work schedules (Reg. 4)—there is no specific guidance on break timing and frequency. In general, short frequent breaks away from the workstation are preferable. Users should 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 employer’s expense. An optometrist or a registered medial practitioner must carry out the test. Some employers offer vision screening prior to sight testing. The user is not obliged to accept such screening and may proceed directly to sight testing
Employers must pay for spectacles, where these are required solely for DSE use (‘special’ corrective appliances):
the employer is only required to provide corrective appliances that are fit 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 safety training regarding DSE workstations and their safe use.
Legislation and guidance
Work with display screen equipment. Health and Safety (Display Screen Equipment) Regulations 1992 as amended by the Health and Safety (Miscellaneous Amendments) Regulations 2002. Guidance on Regulations L26 (2 edn). Available at: http://www.legislation.gov.uk/uksi/1992/2792/contents/made; also available at: http://www.hse.gov.uk/pubns/indg36.pdf
Guidance on Eye Examinations for VDU Users: Association of Optometrists. Available at: http://www.aop.org.uk/uploads/uploaded_files/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: http://www.college-optometrists.org/en/utilities/document-summary.cfm/docid/570D3F84–5B24–4DBF-B7145510CBBC5B15
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’s health and safety.
Application
The regulations apply to all work sites covered by the Health and Safety at Work etc. Act 1974. It covers the provision and use of all work equipment including lifting equipment, although additional regulations govern lifting operations and lifting equipment (LOLER 1998). PUWER applies to employers, the self-employed, and persons controlling equipment such as plant hirers (Reg. 3). Domestic work in a private house is excluded from the regulations.
Definitions
Work equipment means any tools, machinery, appliances, apparatus, or installations (e.g. a production line) provided for use at work (Reg. 2). This is true even if the employee provides the tools, as occurs in garages
The definition 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
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-risk 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 marked1
Equipment should have suitable guards on dangerous parts (Reg. 11)
Measures to protect workers and others from objects falling or being ejected from equipment. Controls should protect against equipment failure, fire, explosion, overheating, or discharge of substances from equipment (Reg.12)
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 14–16)
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 machine starts unexpectedly while they are in a danger area, e.g. inside a paper-making machine (Reg. 17)
Control systems should ‘fail to safe’ 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 isolating devices to be fitted (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, ‘power on’ lights etc.) must be clear and unambiguous (Regs. 23 and 24)
Additional rules cover the use of mobile equipment, in particular its movement (Regs 25–30):
the use of roll-over protection (rather than a cab) on mobile equipment such as forklift trucks will often require the use of restraining devices
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
HSE (1998). Provision
and Use of Work Equipment Regulations 1998.
Approved Code of Practice and Guidance, L22. HSE Books, Sudbury, Available at: http://www.opsi.gov.uk/si/si1998/19982306.htm
HSE (1998). Lifting
Operations and Lifting Equipment Regulations 1998.
Approved Code of Practice and Guidance, L113. HSE Books, Sudbury. Available at: http://www.opsi.gov.uk/si/si1998/19982307.htm
Control of Substances Hazardous to Health Regulations 2002
Purpose
The regulations are intended to protect workers from risks posed by chemical hazards in the workplace. The Regulations and ACOP specify how chemical hazards should be assessed, controlled, and monitored (including health surveillance).
Application
These regulations apply to employers and the self-employed. They cover most hazardous substances excluding the following, for which specific regulations apply:
Asbestos
Lead
Radio-active agents
Substances being used in medical treatment
Substances hazardous because of flammable/explosive properties.
Definitions
Substance: a natural or artificial substance whether a solid, liquid, gas, dust, fibre, mist, smoke, or vapour. This term includes micro-organisms. It encompasses individual agents and mixtures which are impurities, intermediates, by-products, wastes, or final products
Workplace: any place where work is being carried out, including domestic premises and the public highway
‘So far as is reasonably practicable’: financial factors may be taken into account when determining whether risk controls are reasonably practicable. Note that the level of risk outweighs the financial resources of the organization in determining practicability. The greater the health risk, the greater the expectation of effort and expense
Biological agents are categorized under COSHH as follows:
Group 1—unlikely to cause human illness
Group 2—can cause human disease. Usually effective treatment or prophylaxis is available
Group 3—can cause severe human illness and may be a serious hazard to employee’s health
Group 4—causes severe human disease. Usually no effective treatment is available for such agents.
Main requirements
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 surveillance
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 hazardous substance (Reg. 6). If an organization has more than five employees, this risk assessment must be recorded
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 controls, and administrative control measures. Appendix 1 of COSHH guidance provides further information on the control of carcinogens and mutagens. Schedule 3 lists additional provisions for biological agents
Employers must ensure that employees use control measures provided, and employees have a duty to do so (Reg. 8). If an employee finds a defect in a control measure, he/she must inform the employer
Control measures must be maintained, examined, and tested regularly (Reg. 9). Suitable records of such tests must be retained for at least 5yrs. All control measures should be regularly inspected. For most processes (except those in Schedule 4), regular inspection means weekly visual checks, and examination and testing every 14mths
Where a risk assessment indicates that workplace monitoring is needed to confirm the effectiveness of control measures, an employer must comply (Reg. 10). Processes and agents listed in Schedule 5 must have specified workplace monitoring. Suitable records of employee monitoring should be maintained for 40yrs
Health surveillance (Reg. 11) (see Chapter 22 Health surveillance: general principles) is required where the worker is exposed to an agent or process listed in Schedule 6 or exposure to a hazardous substance is such that:
an identifiable disease is related to exposure
there is a reasonable likelihood of the illness occurring
valid methods exist to detect the disease
Health records must be kept for 40yrs after the last entry. A health record (which should not include confidential clinical information) is distinct from medical records of health 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, fires, or leaks. These requirements may overlap with other regulations relating to major accident hazards ( p.
590, Control of Major Accident Hazards Regulations 1999).
Legislation and guidance
Control of Substances Hazardous to Health Regulations 2002 (as amended). Approved Code of Practice and guidance, 5th edn, L5. HSE Books, Sudbury. http://www.legislation.gov.uk/uksi/2002/2677/contents/made
HSE (2005). Workplace exposure limits: containing the list of workplace exposure limits for use with the Control of Substances Hazardous to Health Regulations 2002 (as amended), EH40. HSE Books, Sudbury.
COSHH. Available at: www.coshh-essentials.org.uk
Reporting of Injuries, Diseases, and Dangerous Occurrences Regulations 1995
Purpose
To ensure that injuries, accidents, and dangerous incidents arising from work are reported to the relevant enforcing authority (HSE or local authority). They provide a single set of reporting rules applicable to all work. A 2° benefit is that RIDDOR provides information on trends for workplace accidents and some occupational illnesses. In reality, significant under-reporting across all sectors compromises the system.
Application
Regulations apply to Great Britain including the offshore oil industry.
Separate regulations apply to Northern Ireland
Incidents arising directly from medical treatment are excluded.
Definitions
Enforcing authority: either HSE or the local authority
Over-7-day injury: a worker is unfit for his/her normal work for 7 days excluding the day of the incident
Responsible person: the employer, the person in control of the workplace, or the individual, if self-employed
Accident: defined as ‘an act of non-consensual violence done to a person at work’ and excludes injuries to professional sportsmen in the normal course of play.
Main requirements
Reportable incidents, diseases, and dangerous occurrences
All incidents can be reported online to HSE, but a telephone service remains for reporting fatal and major injuries only. The following must be reported by the responsible person to the enforcing authority:
Death due to an accident
Major injury:
any fracture, other than to fingers, thumbs, or toes
any amputation
dislocation of the shoulder, hip, knee, or spine
loss of sight (temporary or permanent)
a chemical or metal burn to the eye or any penetrating eye injury
any injury due to an electric shock or burn leading to unconsciousness or requiring resuscitation or admittance to hospital for >24h
any injury leading to hypothermia, heat illness, or unconsciousness
any injury requiring resuscitation
any injury needing hospital admission for >24h
loss of consciousness due to asphyxia or exposure to a harmful agent
absorption of any agent causing acute illness requiring medical treatment or loss of consciousness
acute illness requiring medical treatment due to exposure to a biological agent, its toxin, or infected material; this covers needle-stick injuries where the exposure is to blood or body fluids infected with agents such as hepatitis B, C or HIV
From April 2012 over-7-day injuries (excluding day of incident) must be reported within fifteen days. A record (e.g. accident book) of over-3-day injuries must still be maintained despite the move from reporting of over-3-day injuries to over-7-day injuries
Notifiable diseases: an employer must notify the relevant authority using Form F2508A where one of their workers develops a prescribed occupational disease (see Appendix 3). This applies where the employer is notified in writing by a doctor that the employee has a disease listed in Schedule 3, Part 1, of the regulations and the worker is involved in the relevant work listed in column 2 of that list (Reg. 5)
Any dangerous occurrence listed in Schedule 2 of the regulations. This covers incidents such as the collapse of a crane, failure of a pressure vessel, or a fire or explosion leading to plant shutdown for >24h.
Other provisions
Death or major injury is reportable whether the affected individual is an employee or a member of the public
There is no duty on anyone to report to the HSE the death of a self-employed person who dies on his or her own premises
Injuries sustained in ‘hazing’ (initiation ceremonies) would be reportable if the new worker was forced to take part in such an event
Injuries to members of the public, where they are taken to hospital, are reportable even where no treatment is administered (Reg. 3)
Regulation 4 requires that, where a worker (but not a member of the public) dies as a result of an accident within 12mths, the responsible person must inform the enforcing authority
Gas Safe registered gas fitters1 are required to report dangerous gas fittings or installations to HSE
Gas suppliers must notify HSE when they learn of an incident involving gas they supply which causes injury or death (Reg. 6)
Regulation 7 places a duty on the responsible person to keep a record of any report for 3yrs after the incident
Where an employer was unaware of an incident, they can use this as a defence if subsequently prosecuted for failing to report it. The employer would have to demonstrate they had taken reasonable steps to have such incidents reported.
Legislation and guidance
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995. Available at: http://www.legislation.gov.uk/uksi/1995/3163/contents/made
RIDDOR reporting online. Available at: http://www.hse.gov.uk/riddor/report.htm
1 Gas Safe Register.
First Aid at Work Regulations 1981
Purpose
To describe the first aid provision that employers must make in workplaces.
Application
Apply to all employers in the UK, except where other regulations apply (Reg. 7) in offshore oil, diving and merchant shipping. The armed forces are exempt.
Definitions
First aid means the provision of immediately necessary care to ill or injured people and, where necessary, calling an ambulance. It does not include the administration of drugs to treat an illness (e.g. paracetamol for headache).
Main requirements
Employers must assess likely first aid needs (Reg. 3) having considered:
workplace risks such as machinery, chemicals
high-risk areas, e.g. laboratories
staff numbers
shift work and out-of-hours work
accident history
location of workplace, e.g. remote forests
lone workers
trainees on work experience
needs of any disabled or young persons employed
workers who travel
general public1
multiple buildings on a single site, e.g. universities
arrangements for workers on shared sites, e.g. construction sites
availability of first-aiders due to holidays, sickness
staff with language/reading difficulties
The minimum first aid provision is:
a first aid container stocked with the recommended contents
an appointed person to take charge of first aid arrangements
information for workers on first aid provision (Reg. 4).
The self-employed must undertake a risk assessment and make suitable first aid provision (Reg. 5).
Employers must provide suitable and sufficient first aid materials in an easily identifiable first aid container. First aid kits may be issued to lone workers, those in remote locations, or those who travel at work.
First aid rooms:
should be provided if the risk assessment identifies a need
should have a couch, desk, chair, phone, sink with hot/cold water, soap and paper towels, adequate heating and lighting
should be clearly identified, with a notice identifying first aiders, their locations, and how to contact them
should be easily accessible, clean, and ready for use
First aiders:
select on aptitude; should hold a valid first aid certificate
first aid certificates are valid for 3yrs
the number of first aiders is determined by the risk assessment
Record keeping: an accident book should be maintained to record incidents including the date, time, and location of any incident, the name and job of the injured/ill person, details of the injury or illness, what first aid was administered, disposal of the casualty (e.g. return to work, sent to hospital), and the name and signature of the first aider.
Other regulations and guidance
The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989 address the provision of first aid on offshore oil installations. The NHS does not provide medical cover to oil platforms and so operators must make their own arrangements for nursing cover onboard (rig medics) and for land-based medical support (topside medical cover). The oil industry has produced guidance on suitable first aid and medical equipment on offshore platforms.
The Diving at Work Regulations 1997 require the diving contractor to provide first aid during a diving project (see p.
544, Diving at Work Regulations 1997).
Legislation/guidance
The Health and Safety (First-Aid) Regulations 1981. Available at: http://www.legislation.gov.uk/uksi/1981/917/contents/made
HSE (1997). The Health and Safety (First-Aid) Regulations 1981. Approved Code of Practice, L74. HSE Books, Sudbury.
The Offshore Installations and Pipeline Works (First-Aid) Regulations 1989. Available at: http://www.legislation.gov.uk/uksi/1989/1671/contents/made
HSE (2000). Offshore Installations and Pipeline Works (First-Aid) Regulations 1989. Approved Code of Practice and Guidance. L123, HSE Books, Sudbury.
First Aid and Medical Equipment on Offshore Installations, Issue 1, HS 013, 2000. Oil & Gas UK.
Control of Lead at Work Regulations 2002
Purpose
Lead regulations were first introduced in the early twentieth century in an effort to protect workers’ health. Historically, lead toxicity was an important occupational disease in the UK. It still causes much morbidity in developing countries. (Lead as a hazard is covered in p.
70, Lead).
Application
CLAW applies to all work that exposes workers to lead in any form in which it may be absorbed by:
Inhalation
Dermal absorption
Ingestion.
Definitions
‘Lead exposure is significant’ means that one of the following applies:
exposure exceeds half the occupational exposure limit for lead
there is a substantial risk of ingesting lead
skin contact with dermally absorbed lead may occur (lead alkyls, lead napthenate)
Where exposure is significant, all regulations apply, and in particular the need for hygiene surveys and health surveillance
‘Woman of reproductive capacity’ is a woman medically capable of conceiving.
Main requirements
Risk assessment (Reg. 5)
The employer must assess the risks to workers and others, who may be affected by lead, record their findings, retain the record for 5yrs, and review the assessment as necessary
This complements the duty placed on employers by the Management of Health and Safety at Work Regulations to undertake suitable and sufficient risk assessments using competent personnel.
Prevention and control (Reg. 6)
Employers must prevent or control exposure to lead, so far as is reasonably practicable, without resort to personal protective equipment. In other words, respiratory protective equipment (RPE) should be the last, not the first, means of control. The hierarchical principles of occupational hygiene apply (see p.
636, Control hierarchy: source, transmission, and the individual):
Substitution:
lead-free compounds
low solubility lead compounds
use pastes, emulsions or liquid formulations
Engineering controls:
enclose work processes
low-temperature processes < 500°C to ↓ lead fume
local exhaust ventilation (LEV)
wet processes
design plant for easy cleaning
Administrative controls:
maintenance and testing of controls
provide suitable washing facilities
ensure washing facilities are used at breaks/meals
provide ‘clean’ canteen/rest facilities (Reg. 7)
enforce ‘clean’ and ‘dirty’ areas
ban smoking, drinking, eating in lead-contaminated areas (Reg. 7)
identify areas where smoking, eating, or drinking is/is not permitted
PPE:
suitable protective clothing; impermeable coveralls/gloves are required for work with organolead
RPE
provide suitable storage for PPE.
Maintenance and testing of control measures (Reg. 8)
LEV maintenance:
LEV should be visually inspected once a week and fully tested every 14mths
All control measures must be maintained
Keep records of maintenance and testing.
Hygiene surveys (Reg. 9)
Breathing zone sampling should be carried out every 3mths. The exception is where work practices are unchanged and on the two previous consecutive occasions the lead in air concentration was <0.10mg/m3. In that case testing every 12mths is permitted.
Medical surveillance
Information, instruction, and training (Reg. 11)
Training and communication should include:
Risks to health of lead exposure
Control measures and precautions
Results of lead in air monitoring
Grouped anonymized health surveillance results; communicating this information is very important as it allows the employer and employees to confirm that controls are adequate.
Legislation
HSE (2002). Control of Lead at Work Regulations 2002, 3rd edn. Approved Code of Practice and Guidance, 3rd edn, L132, HSE Books, Sudbury. http://www.legislation.gov.uk/uksi/2002/2676/contents/made
Control of Asbestos Regulations 2012
Purpose
To protect workers and the public from exposure to asbestos.
Application
The Control of Asbestos Regulations (CAR) 2012 replaces the Control of Asbestos Regulations 2006 and cover most work with asbestos in the UK. Most of the requirements of the 2006 regulations are unchanged but the 2012 Regulations introduces a third category of work; notifiable non-licensed work (NNLW) in addition to the existing categories of licensed work and non-licensed work with asbestos.
Notifiable non-licensed work requires;
Notification to HSE before work commences
Medical examinations every 3 years
Health records
Compliance with risk assessment
Control of exposure
Training.
Definitions
The control limit for asbestos is 0.1 fibre/cm3 over any 4 hour period
Exposure must not exceed 0.6 fibres/cm3 in any 10 minute period
Main requirements
Asbestos work is licensable where it is not sporadic and low intensity (SALI) or the risk assessment shows the control limit will be exceeded or work on asbestos coating, or work on asbestos insulation board or insulation where the risk assessment shows work is not SALI; the control limit will be exceeded; work is not short duration (short duration means all work is less than 2 hours/no-one will work > 1 hour)
Non-licensed work is not notifiable where exposure is SALI and less than the control limit and involves;
short, non-continuous maintenance where only non-friable materials are handled
removal without deterioration of non-degraded materials in which the asbestos fibres are firmly linked in a matrix.
No asbestos work is of low intensity if exposure is > 0.6 fibres/cm3 over 10 minutes
Employers must manage asbestos in non-domestic premises
Assess, by survey, whether buildings contain asbestos
Assess the risk from any asbestos so identified.
There are two levels of survey:
Management survey: this is the standard survey to identify any material that might contain asbestos and assess its condition. Such a survey may employ a mix of;
sampling to identify asbestos and
the presumption that material contains asbestos, and is managed as such.
Refurbishment and demolition survey: suspect materials are sampled and analysed with a view to asbestos removal. The condition of the asbestos is not generally assessed. This approach is employed where demolition or major rebuilding is planned.
Before commencing work that might lead to exposure to asbestos; the employer must:
identify the presence and type of asbestos
assess risks, identify control measures, and record findings.
draw up a site-specific plan of how the work is to be done (method statement)
notify HSE of the planned work.
Any employer undertaking asbestos work (this covers work with asbestos, ancillary work or supervision), except where exempt under Reg. 3(2) must have an HSE asbestos licence.
Employers must give employees information, instruction, and training, and maintain training records.
Where possible, exposure to asbestos should be prevented or, if not feasible, reduced to as low a level as practicable.
Control measures must be used and maintained. Employees must report defects in controls.
Employers must make arrangements to deal with emergencies arising during asbestos work and with unplanned releases of asbestos.
Employers must prevent or reduce the spread of asbestos by using enclosures, restricting access, using decontamination procedures (preliminary and final), and waste removal.
Good housekeeping with clear procedures for cleaning
Before re-occupation the site must be certified clear.
Areas where exposure may exceed the action level must be signed as a designated asbestos area. If exposure may exceed the control limit, the area must be signed as a respirator zone.
Those undertaking air sampling or laboratory analysis must be accredited to ISO 17025 by UKAS.
Medical surveillance by an HSE appointed doctor including respiratory questionnaire, respiratory examination, and spirometry is required before licensable work begins and every 2 years thereafter (see MS31). Employers must retain the health record for 40 years.
Medical examinations are required for notifiable non-licensed work every three years and must include a chest examination and be carried out by a registered medical practitioner.
Asbestos waste must be disposed of in suitable labelled containers, and transported in an enclosed vehicle to a licensed disposal site.
Legislation and guidance
The Control of Asbestos Regulations 2012
Guidance for appointed doctors
Ionizing Radiation Regulations 1999
Purpose
The Ionizing Radiation Regulations (IRR) provides the framework for the management of hazards arising from ionizing radiation (naturally occurring or man-made) in the workplace. The objective is to reduce, so far as is reasonably practicable, occupational exposure to radiation.
Application
These regulations apply in the UK and cover three areas of work:
Practice, which means work involving the production, use, storage or transport of radioactive substances, or operation of electrical equipment that emits ionizing radiation
Work where the concentration of radon gas exceeds 400Bq/m3 over a 24-h period, e.g. mines
Work with naturally occurring radionuclides where employees are likely to receive >1mSv in a year, e.g. naturally occurring radioactive material (NORM) deposited in pipework in the oil industry
The regulations apply to both employers and the self-employed.
Main requirements
Employers who wish to use radiation in their practice must seek authorization from HSE, unless they comply fully with the conditions stated in one of HSE’s generic authorizations (Reg. 7)
Radiation employers must undertake a risk assessment prior to commencing work with radiation (Reg. 8) and record their findings
Employers must take all steps required to reduce radiation exposure.
The employer may employ dose constraints1 when assessing the risk to carers of patients, when the patient is receiving radiopharmaceuticals.
Risk controls
Any personal protective equipment provided must be fit for purpose, and comply with the Personal Protective Equipment Regulations 1992
Any personal protective equipment or engineering controls should be maintained and examined regularly (Reg. 10)
The employer must prepare local rules for radiation use (Reg. 17)
The employer must designate controlled areas where the external dose rate exceeds 7.5µSv/h over a working day or employees are likely to receive >6mSv in 1yr
Monitoring of designated areas is required to assess likely radiation exposures
Employers are required to account for all sources held by them.
Competent advice and training
Radiation employers must:
Consult with a recognized radiation protection adviser for advice on compliance with the IRR regulations
Provide information, instruction, and training to all relevant staff (Reg. 14).
Monitoring and classification of workers
Dose limits are as follows;
20mSv for workers >18yrs
6mSv for workers aged 16–18yrs
1mSv for members of the public
For women of reproductive capacity radiation exposure to the abdomen must not exceed 13mSv in any 3-mth period
Employees shall be designated as ‘classified’ workers under the IRR (Reg. 20) if personal exposure is likely to be >6mSv, or three-tenths of any other exposure limit
An approved dosimetry service (ADS) must be appointed by the employer to undertake exposure monitoring of employees
An employer must investigate when personal annual exposure to radiation exceeds 15mSv. The results of such investigations should be retained for 2yrs.
Medical assessments
Must be undertaken by a doctor appointed by the HSE who is known as an ‘Appointed doctor’
Prospective classified workers must be examined prior to commencing work with radiation (Reg. 24). Caution should be exercised when assessing:
skin problems which might increase the dose received when exposed to unsealed sources
mental health problems that might affect safety behaviour
fitness to wear PPE.
Periodic reviews (usually annual) involve review of dosimetry results and sickness absence records. Medical examination may be required at the doctor’s discretion
Health records must be kept for 50yrs after the last entry.
Accidents and over-exposures
Where a radiation accident occurs, the ADS should be contacted and arrangements made to determine employees’ radiation exposure as soon as possible
Where an over-exposure occurs the employer must investigate the circumstances, having notified the affected individual and HSE of the suspected over-exposure.
Legislation and guidance
Ionizing Radiation Regulations 1999. Approved Code of Practice and Guidance. L121, HSE Books, Sudbury. ISBN 9780717617463. Available at: http://www.legislation.gov.uk/uksi/1999/3232/contents/made
Diving at Work Regulations 1997
• Assessment of fitness to dive at work is the remit of an HSE Approved medical examiner of divers (AMED). Where such an assessment is required, the diver should be referred to such a doctor.
Purpose
To regulate diving operations at work.
Application
The Diving at Work Regulations apply to all diving at work, but different codes of practice apply to the five industry sectors and give sector-specific information on the management of health and safety in diving operations.
The ACOPs cover:
Commercial diving inland/inshore
Commercial diving offshore
Media diving
Scientific and archaeological diving
Recreational diving projects.
Hyperbaric treatment at a hospital is excluded from the regulations.
Definitions
Diver: a person who dives at work
Diving operation: that portion of a diving project which can be safely supervised by one diving supervisor
Diving project: the overall job, which may be a single dive or series of dives
Diving contractor: each diving project can have only one diving contractor (Reg. 5), usually the divers’ employer. Most of the duties under these regulations fall on the diving contractor.
Main requirements
The ACOP relevant to a diving project is usually obvious. However, any diving project using a closed diving bell or saturation diving automatically falls under the commercial diving projects offshore ACOP, irrespective of dive location
The dive contractor must ensure that the diving project is safely run, and that risk assessments are undertaken
A project plan must be prepared for each diving project (Reg. 6)
All staff involved in a diving operation must be competent
A diving supervisor must be appointed in writing
All equipment and plant must be suitable and well maintained (Reg. 6)
Only one diving supervisor can supervise a diving operation at a time (Reg. 9), and there must be well-documented handovers between supervisors
All divers must possess:
an HSE approved qualification to dive (Reg. 12)
a valid medical certificate of fitness to dive issued by an AMED.
Legislation and guidance
Diving at Work Regulations (SI 1997 No2776). Stationery Office, Norwich. Available at: http://www.legislation.gov.uk/uksi/1997/2776/contents/made
HSE (1998). Commercial Diving Projects Inland/Inshore, Approved Code of Practice, L104. HSE Books, Sudbury.
HSE Commercial Diving Projects Offshore, Approved Code of Practice, L103. HSE Books, Sudbury.
HSE Media Diving Projects, Approved Code of Practice, L106. HSE Books, Sudbury.
HSE Scientific and Archaeological Diving Projects, Approved Code of Practice, L107. HSE Books, Sudbury.
HSE Recreational Diving Projects, Approved Code of Practice, L105. HSE Books, Sudbury.
HSE further information and list of Approved Medical Examiner of Divers. Available at: http://www.hse.gov.uk/diving/index.htm
Work in Compressed Air Regulations 1996
Purpose
These regulations govern the conduct of construction works in compressed air.
Application
Applies to all construction work under pressures >0.15bar, except where the Diving Operations at Work Regulations apply.
Definitions
Dysbaric illness
Barotrauma: usually affects sinuses, ears or lungs
Dysbaric osteonecrosis (see Table 25.1)
Decompression illness.
| Pressure | X-rays | Frequency |
|---|---|---|
<1.0bar | Not required | None |
>1.0bar | AP of both shoulders and hips including proximal third of shafts together with AP and lateral views of distal two thirds of both femurs and proximal third of both tibia including knees | Within 3mths of commencement Annually while work continues and 1yr after exposure ceases |
>2.0bar | As above | > than annual |
| Pressure | X-rays | Frequency |
|---|---|---|
<1.0bar | Not required | None |
>1.0bar | AP of both shoulders and hips including proximal third of shafts together with AP and lateral views of distal two thirds of both femurs and proximal third of both tibia including knees | Within 3mths of commencement Annually while work continues and 1yr after exposure ceases |
>2.0bar | As above | > than annual |
Main requirements
The compressed air contractor must have a safe system of work in compressed air (Reg. 7)
The contractor must appoint competent personnel as the:
person in charge
compressor attendant
lock attendant
For work at >1bar the contractor must appoint a medical lock attendant
The contractor must notify in writing 14 days before and on suspension/completion of compressed air work (Reg. 6):
HSE
local hospital casualty department
emergency services (fire, ambulance)
local hyperbaric facilities
The contractor must provide suitable equipment, fit for use at pressure.
Medical adviser and examinations
A contract medical adviser (Reg. 9) shall be appointed. This person may also be the HSE appointed doctor
The contract medical adviser’s role includes:
planning for compressed air work including health surveillance (Reg. 10)
treatment of dysbarism
record keeping (retain for 40yrs)
occupational medical advice
No-one can work in compressed air unless passed fit by the appointed doctor (Reg. 16)
Medical surveillance requires:
full medical examination of fitness for work at pressure at entry
review every 3mths (<1.0bar) or every month (>1.0bar)
full medical assessment every 12mths
medical assessment following illness >3 days
medical assessment after any dysbaric illness
The content of the full medical examination and review are described in Appendix 7 of the regulations. The initial assessment includes detailed history and examination, spirometry, and audiometry
For work at pressures >1.0bar, an exercise step-test, initial CXR, and full blood count are also required
The employer shall maintain a health and exposure record for 40yrs, including employee’s and employer’s details, appointed doctor’s details, health surveillance results, exposure record, and training record.
Treatment
The contractor must provide treatment facilities for dysbaric illness (Reg. 12)
Provision for emergencies, including fires, must be made
Decompression from >1.0bar normally employs the Blackpool tables. Rates of decompression illness associated with these tables exist and can be used to benchmark decompression illness rates on a project
All workers must be provided with a badge to alert others to their work in compressed air should they be incapacitated owing to dysbarism.
Training
Employees and other workers must receive information, instruction, and training (Reg. 15) as to safe operating procedures, hazards of compressed air work, and health surveillance.
Legislation and guidance
The Work in Compressed Air Regulations 1996. Available at: http://www.legislation.gov.uk/uksi/1996/1656/contents/made
Construction (Design and Management) Regulations 2007. Available at: http://www.legislation.gov.uk/uksi/2007/320/contents/made
Reporting of Injuries, Disease and Dangerous Occurrences Regulations 1995. Available at: http://www.legislation.gov.uk/uksi/1995/3163/contents/made
Control of Noise at Work Regulations 2005
Purpose
The aim of the regulations is to ensure that workers are protected from the risks to health caused by noise. The noise regulations implement the EU directive 2003/10/EC on the minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (noise).
Application
The regulations apply to employers, the self-employed, and trainees
The regulations do not apply to the master and crew of a merchant ship during normal shipboard activities
Members of the public are not covered where they are exposed to noise through their own activities (e.g. DIY) or where they have made a conscious decision to enter a noisy place (e.g. a nightclub).
Definitions
For daily or weekly exposure:
lower exposure action value is 80dB(A)
upper exposure action value is 85dB(A)
exposure limit value is 87dB(A).
For peak sound pressure:
lower exposure action value is 135dB(C)
upper exposure action value is 137dB(C)
exposure limit value is 140dB(C).
Main requirements
Employers must undertake a ‘suitable and sufficient’ risk assessment (Reg. 5) of the risks of noise exposure and identify control measures
Employers must ensure that the risk from noise exposure is either eliminated at source or, where this is not possible, reduce exposure to as low a level as is reasonably practicable (Reg. 6)
Where employees are likely to be exposed at, or above, the lower exposure action value, the employer must provide hearing protectors on request
Any area where employees are likely to be exposed at, or above, the upper exposure action value must be signed as a hearing protection zone and, where possible, demarcated
Where the upper exposure action value is likely to be exceeded, the employer must eliminate exposure at source or reduce exposure to a level as low as is reasonably practicable, (excludes hearing protection)
Workers must not be exposed to noise above an exposure limit value.
Where an exposure limit value is exceeded, after allowing for any noise attenuation afforded by hearing protectors, the employer must take immediate action to reduce exposure. This may include stopping the work
Hearing protectors must be provided in a hearing protection zone (Reg. 7)
Employers must enforce the use of hearing protectors where they are required (Reg. 8)
Any noise control equipment must be used and maintained (Reg. 8).
Employees have a duty to use personal hearing protectors provided in compliance with Reg. 7 and other noise control measures provided
Employees should report promptly, any defects in noise control measures, including hearing protectors, to their employer
Where the risk assessment indicates a risk to workers’ health because of noise exposure, suitable health surveillance must be provided (Reg. 9)
Where, following health surveillance, hearing damage due to noise is found the employer shall ensure that:
a suitably qualified person notifies the employee
the noise risk assessment is reviewed
the employer considers redeploying the worker to a non-exposed job
Employees must cooperate with health surveillance and attend appointments
The employer must pay the employee when attending health surveillance and meet any associated costs (Reg. 9)
Where employees are likely to be exposed above the lower action value, the employer must provide suitable information, instruction, and training (Reg. 10). This should cover the risks of noise exposure, the results of any risk assessment, and the measures in place to control noise
Employees should be advised of the availability of hearing protectors and how to obtain them
Workers should be told how to detect and report hearing damage
Employees should be given an explanation of the reasons for health surveillance and informed of the grouped results of any health surveillance.
Legislation and guidance
HSE (2005). Controlling Noise at Work, The Control of Noise at Work Regulations 2005. Guidance on regulations, L108. HSE Books, Sudbury.
The Control of Noise at Work Regulations 2005. Available at: http://www.legislation.gov.uk/uksi/2005/1643/contents/made
See also p.
4, Noise 1: legal requirements, and risk assessment; p.
6, Noise 2: instrumentation and determination of LEP,d; p.
302, Noise induced hearing loss; p.
430, Classification of hearing loss; p.
432, Patterns of hearing loss; p.
764, Screening audiometry; p.
778, Carry out a noise assessment.
Control of Vibration at Work Regulations 2005
Purpose
To protect against risks to both health and safety from hand-transmitted vibration. This includes risk of hand–arm vibration syndrome (HAVS) and carpal tunnel syndrome in exposed workers and situations where vibration may affect the ability to handle controls safely.
Application
Duties apply to both employers and self-employed persons
The specific regulation dealing with compliance with exposure limits will not apply to agricultural and forestry until 2014 for work equipment provided to employees before July 2007
The regulations do not apply to the master or crew of a merchant ship during normal shipboard activities.
Definitions
Hand-transmitted vibration is the vibration which enters the body through the hands, e.g. tools used in construction, agriculture, and mining
Daily personal exposure or A(8): average vibration over a working day of 8h
Daily exposure limit value (ELV) is 5m/s2 A(8)
Daily exposure action value (EAV) is 2.5m/s2 A(8).
Main requirements
Part 1 of the guidance on regulations deals with the legal duties of employers:
The ELV is the maximum amount of vibration to which an employee may be exposed in any single day. The EAV is the daily exposure to vibration above which action needs to be taken to reduce exposure (Reg. 4)
An employer who carries out work which is liable to expose employees to risk of vibration is required to assess the risk to the health and safety of employees and identify measures needed to prevent or adequately control exposure (Reg. 5)
The risk assessment should take into consideration the following:
the type of vibration, and its magnitude, and duration
the effect of vibration on employees whose health is at particular risk from exposure to vibration
information from manufacturers of equipment used
work conditions, e.g. temperature
information from health surveillance
Significant findings of the assessment should be recorded together with measures taken to minimize risks
Action must be taken to eliminate risks from vibration exposure completely wherever it is reasonably practicable to do so (Reg. 6). Hence there is a need to consider alternative processes, choice of work equipment, and/or better working methods
Health surveillance (Reg. 7) to be provided for:
employees likely to be exposed above the EAV or
where the risk assessment indicates individuals may be at risk, e.g. those more sensitive to vibration
A health record must be kept for each employee who undergoes health surveillance. This should contain information on the outcome of the health surveillance and the individual’s fitness to continue to work with vibration exposure
Where as a result of health surveillance an employee is found to have a disease from exposure to vibration, the employer must ensure that a qualified person informs the employee. The employer should also review the risk assessment and the health of other employees
Employers should ensure that employees understand the level of risk they may be exposed to, how it is caused, possible health effects, safe work practices, and how to detect and report signs of injury (Reg. 8)
Parts 2–5 of the guide to the regulations provide practical information for employers on carrying out risk assessment, estimating exposure, controlling risks, and arranging health surveillance, and the duties of machinery manufacturers and suppliers. Part 6 provides technical guidance on exposure measurement and Part 7 provides guidance on health surveillance.
Legislation and guidance
HSE Hand–arm vibration, The Control of Vibration at Work Regulations 2005. Guidance on Regulations, L140, HSE Books, Sudbury
HSE The Control of
Vibration at Work Regulations 2005. Available at: http://www.legislation.gov.uk/uksi/2005/1093/contents/made
HSE Control the risks
from hand–arm vibration, INDG175 (rev2), HSE free leaflet. Available at: http://www.hse.gov.uk/pubns/indg175.pdf
HSE Hand–arm vibration:
advice for employees, INDG296 (rev1), HSE free pocket card. Available at: http://www.hse.gov.uk/pubns/indg296.pdf
Food Hygiene Regulations 2006
Purpose
The Food Hygiene (England) Regulations 2006 were introduced to ensure food hygiene regulations in England met EU directives. Similar regulations apply in Wales, Northern Ireland and Scotland. They apply to anyone who owns, manages or works in a food business. They cover primary producers, large manufacturers and restaurants, as well as small mobile catering vans or fast food outlets.
Main provisions
In summary the regulations require:
Food businesses to register all premises with the local authority. New premises must be registered 28 days before food production begins
Meat, egg, fish or dairy producers must have their premises approved by the local authority
Food safety management should be based on the principles of Hazard Analysis and Critical Control Points (HACCP)
Food premises to be clean and well maintained
Food premises to have adequate handwashing and toilet facilities
Raw materials to be free from contamination
Water used to be of drinking quality
Measures to avoid contamination during transport
Food handlers to be trained in hygiene procedures and to report conditions such as diarrhoea or vomiting to their manager
Foods that need temperature control must be hot at or above 63ºC, or cold at or below 8ºC.
HACCP
In order to manage the potential risks to food in a complex business, a management system is required. HACCP is an internationally recognized system used to identify hazards and control risks along the production line.
The business must:
Identify hazards such as contamination with bacteria or foreign bodies (e.g. glass)
Look for critical points where the contamination can take place
Implement control measures at these points
Check that control methods work
Put in place procedures to review these points regularly
In a small business the system will be simpler, but will (for example) involve regular checks of refrigerator temperatures.
Further information and guidance
HM Govt (2006). Food Hygience (England) Regulations 2006. Available at: http://www.legislation.gov.uk/uksi/2006/14/contents/made
Food Standards Agency. Hygiene legislation. Available at: http://www.food.gov.uk/foodindustry/regulation/hygleg/hygleginfo/foodhygknow/
See also p.
478, Fitness for work in food handlers.
Registration, evaluation, authorization, and restriction of chemicals
Purpose
REACH is a single, unified framework for the regulation of chemical substances throughout the EU. Its purpose is to:
Provide a high level of protection for human health and the environment
Improve the competitiveness of the EU chemical industry
Promote the development of test methods other than animal testing.
Application
REACH was launched in 2007 and applies to manufacturers or importers (M/I) that supply chemical substances to the EU market in quantities greater than one ton per year. A substance cannot be manufactured or imported into the EU without prior registration. Registration is due to be completed in 2018
REACH applies to chemical substances, mixtures and (with qualifications) substances released from preparations or articles. However, REACH assessment is conducted only in relation to a single substance regardless of potential co-exposure to other substances whether added intentionally or occurring as waste products
The European Chemicals Agency (ECHA) is responsible for the implementation of REACH. In the UK, the Competent Authority is the HSE and enforcement is through the REACH Enforcement Regulations, 2008.
Definitions
Key definitions of relevance to occupational health in REACH are:
Chemical safety assessment (CSA): determination of risk presented by a substance
Chemical safety report (CSR): documentation of the CSA
Derived no-effect level (DNEL): level of exposure below which no adverse effects are expected to occur
Exposure scenario: set of conditions defining the use of a substance through its life cycle
Risk characterization: estimation of the incidence and severity of adverse effects due to actual or predicted exposure
Substance of very high concern (SVHC): substances that are carcinogenic, mutagenic, persistent bioaccumulative and toxic (PBT), very persistent and very bioaccumulative (vPvB) or otherwise SVHC assessed on a case-by-case basis
Technical Dossier: description of intrinsic properties, classification and guidance on safe use of a substance.
Main requirements
Registration
Remaining timelines for registration:
100–1000tons/yr, 31 May 2013
1–100tons/yr, 31 May 2018.
Main M/I and related responsibilities
Submission of a technical dossier (> 1ton/yr) and CSA (>10tons/yr). CSA is to include calculation of the DNEL
If a substance is ‘dangerous‘ (under REACH Article 10a), PBT or vPvB, CSA is also to include exposure scenarios, exposure assessment and risk characterization. These are to incorporate the effect of existing or planned Risk Management Measures (RMM)
M/I is to convey information on the safe use and necessary RMM to downstream users (DU). DU have a responsibility to apply the necessary RMM
CSA to be documented in the CSR
M/I may pool data through a substance information exchange forum (SIEF) and apply for joint registration though a lead registrant.
Evaluation
ECHA and member states’ (MS) competent authorities are responsible for the examination of dossiers for completeness, testing proposals in relation to health effects and substance evaluation i.e. need for further information.
Authorization
Specific conditions may apply to authorization of SVHC with consideration of the following; the suitability of alternative substances or technologies, a study of the feasibility of substitution, socio-economic analysis to assess overall risk/benefit and the effectiveness of existing RMM.
Restriction
Provision for a limitation on use or complete prohibition of substances that present an unacceptable risk at a community-wide level.
Further information
ECHA issues guidance on the application of REACH which is available at: http://guidance.echa.europa.eu
CE Marking indicates that a product conforms to EU product safety rules.
Employers are not required to make first aid provision for the public but many in the retail and hospitality industries will wish to do so.
Dose constraint: the upper limit of exposure likely to be received by a non-professional carer when supporting a relative or friend receiving medical treatment with a radiopharmaceutical.
