What are the main health and safety Regulations?
The Management of Health and Safety at Work Regulations 1999.
The 'Management Regs' first took effect in 1993. Main employer's duties include:
- To make 'assessments of risk' to the health and safety of their employees, and to act upon risks they identify, so as to reduce them (Regulation 3). This duty on employers to carry out a risk assessment is likely to be highlighted by personal injury lawyers, to substantiate whether or not the employer has acted reasonably to provide a safe system of work.
- To appoint competent persons to oversee workplace health and safety.
- To provide employees with information and training on occupational health and safety.
- To operate a written health and safety policy.
The Workplace Health, Safety and Welfare Regulations 1992.
The main provisions require employers to provide:
- Adequate lighting, heating, ventilation and workspace, to be kept in a clean condition.
- Staff facilities: toilets washing and refreshment.
- Safe passageways, eg preventing slipping and tripping hazards.
The Display Screen Equipment Regulations 1992.
The main provisions apply to display screen equipment (DSE) 'users', defined as workers who 'habitually' use a computer as a significant part of their normal work. This includes people who are regular users of DSE equipment, or rely on it as part of their job. This covers you if you use DSE for an hour or more continuously, and/or you are making daily use of DSE.
Employers are required to:
- Make a risk assessment of workstation use by DSE users, and reduce the risks identified.
- Ensure DSE users take 'adequate breaks'.
- Provide regular eyesight tests.
- Provide health and safety information.
- Provide adjustable furniture (desk, chair, etc).
- Demonstrate that they have adequate procedures designed to reduce risks associated with DSE work, such as 'repetitive strain injury'.
The Personal Protective Equipment at Work Regulations 1992.
The main provisions require employers to:
- Ensure that suitable personal protective equipment (PPE) is provided 'wherever there are risks to health and safety that cannot be adequately controlled in other ways'. The PPE must be 'suitable' for the risk in question, and include protective facemasks and goggles, safety helmets, gloves, air filters, ear defenders, overalls and protective footwear.
- Provide information, training and instruction on the use of this equipment.
The Manual Handling Operations Regulations 1992.
The main provisions require employers to:
- So far as is reasonably practicable, avoid the need for employees to undertake any manual handling involving risk of injury.
- Make assessments of manual handling risks, and try to reduce the risk of injury. The assessment should consider the task, the load and the individual's capability.
- Provide workers with information on the weight of each load.
The Provision and Use of Work Equipment Regulations 1998.
The main provisions require employers to:
- Ensure the safety and suitability of work equipment for the purpose for which it is provided.
- Properly maintain the equipment, irrespective of how old it is.
- Provide information, instruction and training on the use of equipment.
- Protect employees from dangerous parts of machinery.
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.
Employers are required to report a wide range of work-related incidents, injuries and diseases to the Health and Safety Executive (HSE), or to the nearest local authority environmental health department. The Regulations require an employer to record in an accident book the date and time of the incident, details of person(s) affected, nature of injury or condition, the person's occupation, the place where the event occurred and a brief note on what happened.
The following injuries or ill health must be reported:
- Death of any person.
- Major injury: including fractures, amputations, eye injury, injury from electric shock, acute illness requiring removal to hospital or immediate medical attention.
- 'Over-3-day' injuries: involving someone off their normal work for more than 3 days as a result of injury caused by an accident at work.
- Specified diseases, including:
- Cramp of the hand or forearm due to repetitive movement;
- Beat knee, from physically demanding work;
- Carpal tunnel syndrome, involving
hand-held vibrating tools;
- Hepatitis;
- Tuberculosis;
- Occupational dermatitis.
The Working Time Regulations 1998.
The regulations implement two European Community Directives on the organisation of working time and the employment of young workers (under 18 years of age). The Regulations cover the right to annual leave, to have rest breaks, and they limit the length of the working week. Key protections include:
- A 48-hour maximum working week. Employers have a contractual obligation not to require a worker to work more than an average 48-hour week (unless the worker has opted-out of this in writing).
- 5.6 weeks' paid holiday.
- Minimum daily rest periods of 11 hours, unless shiftworking arrangements have been made that comply with the Regulations.
- 20-minute daily rest breaks after 6 hours' work, with young workers entitled to 45 minutes if more than four and a half hours are worked.
- A weekly rest period of 24 hours every 7 days.
These basic limits on the working week make a vital contribution to health and safety at work. They are subject to detailed interpretation.
- Employers have the right to ask their staff to enter into a written agreement to opt out of the 48-hour limit, for a specific period or indefinitely.
- However, a worker is entitled to bring the agreement to an end without the employer's consent.