Legislation

1. Legislation

2. Common Law • Based on decisions of judges in Courts of Law. • Judgements passed down from Kings etc.

3. Statute Law • European Court makes Directives. • Each member State has to implement the Directive into it’s own national legislation. • Enacted by UK Parliament in the form of Acts and Regulations etc.

4. The Health and Safety at Work Act 1974 • This Act places a legal obligation on the employer to provide a safe working environment for their employees. • It covers issues of health, safety and the welfare of the workers. • The Act also places an obligation on the employee to keep the health and safety rules implemented by the employer. No-one must put the health and safety at risk of themselves or any others. • Self-employed to watch out for their safety and others around them.

5. The Management of Health and Safety at Work Regulations • Deals with the issue of Risk Assessments. 1. Identify any hazards (something that has the potential to cause harm or injury). 2. Decide who may be harmed and how. 3. Evaluate the risks and decide whether existing precautions are adequate, or whether further controls should be out in place. 4. Record your findings on a Risk Assessment (legal requirement for 5 or more employees to have a written Risk Assessment). 5. Review your assessment and revise if necessary.

6. Personal Protective Equipment at Work Regulations 1992 • Employer to ensure suitable and serviceable PPE is provided (free of charge) to employees. • Employee must use the appropriate PPE ( in accordance with the manufacturers recommendations) and report any faulty equipment to the employer. Faulty equipment must be withdrawn from use until it is repaired or replaced. • Self-employed to ensure they have and use suitable and serviceable PPE.

7. Employers Liability (Compulsory Insurance) Act 1969 • Employers must have valid Employers Liability insurance in place at all times, to provide cover for employees in the event of an accident at work. • Public Liability and Products Liability insurance is optional (!!!). • Local Councils require minimum £5 Million cover PLI if you are an Approved Contractor.

8. Control of Vibration at Work Regulations 2005 • Regular long-term exposure to Hand Arm Vibration (HAV) may cause diseases which are painful and disabling. • Especially at risk are operators of hand-held power tools and machines which transmit vibration into the hands. • Leads to HAV Syndrome (e.g. vibration white finger due to damaged sensory nerves, muscles and joints in the hands/arms). • Whole Body Vibration (WBV) is associated with back pain, poor posture and heavy lifting. This is a risk for those who drive vehicles for most of the day. The vibrations enter through the feet or through the seat. • Control the risks by good management practices.

9. The Health and Safety (First Aid) Regulations 1981 • Employers have duty to provide adequate and appropriate equipment, facilities and personnel to enable first aid to be immediately given to employees, if they are injured or become ill at work. • Applies to all work places including those with 5 or fewer employees, and to the self-employed. • The Regulations do not place a legal obligation to make first aid provisions for non-employees such as the public or children in schools. However, the HSE strongly recommends non-employees to be included in a first aid needs assessment and that provision is made for them.

10. Assessment of First Aid Needs • Employers to carry out an assessment, taking into consideration workplace hazards and risks, size of the organisation, nature of the workforce, remoteness of site from emergency medical services and other relevant factors, to determine the ‘adequate and appropriate’ first aid equipment, facilities and personnel that should be provided. • Consider annual leave and absences to ensure adequate First-aid provision at all times. What if the First-aider is injured? • Sufficient resources means being able to give immediate assistance to casualties and to summon an ambulance or other professional help.

11. Appointed Person - no legal requirement to have approved training. They take charge when someone is injured, or becomes ill while at work. They call the emergency services and stocks up the first aid kit. They provide emergency cover when a first-aider is absent due to unforeseen circumstances. • First Aider – must have valid certificate of competence in either First Aid at Work (FAW) or emergency first aid at work (EFAW), provided by an HSE approved training organisation. Reassessment required every 3 years.

12. First Aid Kit – easily accessible and clearly identified by white cross on a green background. There is no mandatory list of required equipment. Minimum stock for work involving low hazards might be: • Leaflet giving general guidance on first aid. • 20 individually wrapped sterile plasters • 2 sterile eye pads • 4 individually wrapped triangular bandages (preferably sterile) • 6 safety pins • 2 large (18cm x 18cm), sterile individually wrapped unmedicated wound dressings • 6 medium (12cm x 12cm), individually wrapped unmedicated wound dressings • 1 pair disposable gloves • In general no tablets or medication to be kept in the box. Replenish soon after use and replace items when the ‘Best before’ date expires.

13. First Aid Equipment – additional items such as scissors, adhesive tape, disposable aprons/gloves, individually wrapped moist wipes should be provided as necessary. If no running water is available, at least 1L sterile water or normal saline (0.9%) in sealed disposable containers should be provided. Yellow disposable clinical waste bags, cling film for treating burns, blankets are other items that can be provided.

14. First Aid Room – hot/cold running water, drinking water with disposable cups, soap/paper towels, store for materials, foot operated refuse container lined with a yellow ‘clinical waste’ plastic sack, couch (c/w waterproof protection), clean pillows and blankets, chair, telephone/radio, record book for recording incidents where first aid has been given.

15. Manual Handling Operations Regulations 1992 • To do with labelling on packaging, provision of lifting handles etc. Use lifting equipment where possible or tools to make ergonomic lifting easier. • 1. Avoid hazardous manual handling operations so far as is reasonably practicable, for example by redesigning the task to avoid moving the load or by automating or mechanising the process. • 2. Make a suitable and sufficient assessment of any hazardous manual handling operations that cannot be avoided. • 3. Reduce the risk of injury from those operations so far as is reasonably practicable. Where possible, you should provide mechanical assistance, for example a sack trolley or hoist. Where this is not reasonably practicable, look at ways of changing the task, the load and working environment.

16. Control of Substances Hazardous to Health Regulations 1988/2002 1. Assess the risks to health from hazardous substances and who may be harmed. 2. Decide what control measures are needed. 3. Implement those controls and ensure workers use them. 4. Ensure the controls are working properly and maintained. 5. Monitor the exposure of employees. 6. Carry out appropriate health surveillance. 7. Prepare plans and procedures to deal with accidents, incidents and emergencies. 8. Inform workers about the risks to their health. • Use only Approved Label pesticides. Read product information labels to obtain details about active ingredients, recommended PPE, recommended uses, appropriate dosage rates etc.

17. Reporting of Injuries Diseases and Dangerous Occurrences Regulations 1995 Employers must report: • Deaths • Major Injuries - Fractures other than fingers/thumbs/toes • Amputation • Dislocation of the shoulder/hip/knee or spine • Loss of sight [temporary or permanent] • Chemical/hot metal burn to the eye or a penetrating injury to the eye • Injury resulting from electric shock or electrical burn leading to • unconsciousness, or requiring resuscitation, or requiring admittance • to hospital for more than 24 hours • Unconsciousness caused by asphyxia or exposure to harmful • substances or biological agent • Acute illness requiring medical treatment, or loss of consciousness • arising from absorption of any substance by inhalation, ingestion or • through the skin • Acute illness requiring medical treatment where there is reason to • believe that this resulted from exposure to a biological agent or it’s • toxins or infected material

18. Over 3-day injury – must report within 10 days. Not a ‘major injury’ but results in the injured person being away from work, OR unable to do full range of normal duties for more than 3 days. • Diseases – If doctor notifies that the employee has a work-related disease. Certain poisonings, some skin diseases (skin cancer), lung diseases, hepatitis, TB, HAVS • Dangerous Occurrences – no injury but which clearly could have done. Report immediately. E.g. collapse, overturning or failure of load-bearing parts of a lift or lifting equipment, explosion, plant/equipment coming into contact with O/H power lines.

19. Control of Pesticides Regulations 1986 • Anyone who uses pesticides must have adequate instruction and guidance in the safe efficient and humane use of such pesticides. • Controls the advertisement, sale, supply and storage and use of pesticides. Also controls the aerial application of pesticides.

20. Food and Environment Protection Act 1985 • Protects humans, animals and plant life, safeguards the general environment, ensures pests are controlled in a safe, efficient and humane manner. • Makes information about pesticides available to the general public.