WORKPLACE INSPECTIONS

1. WORKPLACE INSPECTIONS NATIONAL SAFETY REPRESENTATIVES CONFERENCE 8th November 2008 RICHARD PRZYSTUPA RCN Learning & Development Facilitator Central England

2. REGULATION 5 RIGHT TO INSPECT THE WORKPLACE, OR PART OF IT, EVERY 3 MONTHS. REQUIRED TO GIVE REASONABLE NOTICE IN WRITING MORE FREQUENT INSPECTIONS ALLOWED BY AGREEMENT WITH THE EMPLOYER

3. REGULATION 5 OTHER INSPECTIONS CAN BE UNDERTAKEN WITHIN THE 3 MONTHS IF: • THERE HAS BEEN A SUBSTANTIAL CHANGE IN THE CONDITIONS OF WORK • NEW INFORMATION RELEVANT TO THE HAZARDS OF THE WORKPLACE HAS BEEN PUBLISHED BY THE HSE/HSC

4. REGULATION 5 • EMPLOYER TO PROVIDE FACILITIES TO SAFETY REPS INCLUDING: • FACILITIES FOR INDEPENDENT INVESTIGATION • FACILITIES FOR PRIVATE DISCUSSIONS WITH OTHER EMPLOYEES DURING THE INSPECTION • PAID TIME OFF TO UNDERTAKE THE INSPECTION • THE EMPLOYER OR THEIR REPRESENTATIVE MAY BE PRESENT IN THE WORKPLACE DURING THE INSPECTION • IN PRACTICAL TERMS, MOST INSPECTIONS ARE UNDERTAKEN JOINTLY

5. REGULATION 5 REGULATION 5 CONFERS RIGHTS FOR SAFETY REPS IN RELATION TO INSPECTIONS IT DOES NOT CONFER A DUTY TO ACTUALLY UNDERTAKE AN INSPECTION THE RCN HOWEVER BELIEVES THAT WORKPLACE INSPECTIONS PLAY A SIGNIFICANT ROLE IN HELPING TO REDUCE, ELIMINATE OR AT VERY LEAST MINIMISE WORKPLACE HAZARDS AND AS SUCH, ENCOURAGES ALL IT’S SAFETY REPS TO BE ACTIVE IN THIS AREA

6. TYPES OF INSPECTIONS • SAFETY TOURS • THESE ARE GENERAL INSPECTIONS WHICH MAY COVER THE WHOLE WORKPLACE, OR JUST A PART OF IT • THE AIM IS TO IDENTIFY ANY TYPE OF HAZARD (See Appendix 2)

7. TYPES OF INSPECTIONS • SAFETY SAMPLING • A SYSTEMATIC SAMPLING OF PARTICULAR DANGEROUS ACTIVITIES, PROCESSES OR AREAS • FOR EXAMPLE, A THOROUGH INSPECTION WITHIN AN ORGANISATION WHICH USES CYTOTOXIC DRUGS SHOULD EXAMINE: • ACCEPTANCE ON ARRIVAL • TRANSPORT • STORAGE • PRACTICAL APPLICATION • DISPOSAL • REMEMBER, IN THIS EXAMPLE COSHH SHOULD BE USED AS A REFERENCE SOURCE

8. TYPES OF INSPECTIONS • SAFETY SURVEY • A GENERAL INSPECTION OF PARTICULAR DANGEROUS ACTIVITIES, PROCESSES OR AREA • FOR EXAMPLE FOCUSING ON ONE PARTICULAR WORK AREA SUCH AS • X-RAY DEPARTMENTS • HAZARDS FACED BY NURSES WORKING IN THE COMMUNITY • COMPLYING WITH DUTIES UNDER THE FIRE REGULATIONS

9. WORKPLACE INSPECTIONS • THE NUMBER OF SAFETY REPS UNDERTAKING AN INSPECTION IS A MATTER OF AGREEMENT WITH THE EMPLOYER • WHERE THE WORKPLACE IS LARGE, OR COVERS DIFFERENT LOCATIONS, IT MAY BE NECESSARY TO BREAK DOWN THE INSPECTION INTO MANAGABLE UNITS / MULTPLE SESSIONS • WHEN A SAFETY REP PRODUES A WRITTEN REPORT THE EMPLOYER SHOULD ACT ON ANY REMEDIAL ACTION RECOMMENDED WITHIN A REASONABLE TIME GN 57 • WHEN REMEDIAL ACTION HAS BEEN TAKEN, THE SAFETY REP SHOULD BE GIVEN THE OPPORTUNITY TO RE-INSPECT THAT PART OF THE WORKPLACE GN 58

10. INSPECTIONS • ACCREDITED SAFETY REPRESENATIVES ALSO HAVE RIGHTS TO INSPECT: • WHERE THERE HAS BEEN A NOTIFABLE ACCIDENT, DISEASE OR DANGEROUS OCCURANCE (SEE RIDDOR) REGULATION 6 • THIS SHOULD BE UNDERTAKEN IN JOINTLY WITH THE EMPLOYER / REPRESENTATIVE GN 59

11. INSPECTIONS • THE EMPLOYER IS REQUIRED TO PROVIDE FACILITIES AND ASSISTANCE INCLUDING PAID TIME OFF REGULATION 7 • ALSO PROVIDE DOCUMENTS RELATING TO HEALTH, SAFETY AND WELFARE WHICH THE EMPLOYER IS REQUIRED TO KEEP / MAINTAIN GN 62

12. INSPECTION OF DOCUMENTS • SAFETY REPS HAVE THE RIGHT TO INSPECT AND TAKE COPIES OF ANY DOCUMENT RELATED TO HEALTH, SAFETY AND WELFARE THAT THE EMPLOYER IS REQUIRED TO KEEP REGULATION 7 • APPROVED CODE OF PRACTICE 65 GIVES FURTHER DETAIL ABOUT SOME OF THE INFORMATION THE EMPLOYER SHOULD PROVIDE

13. INSPECTION OF DOCUMENTS • THIS DOES NOT INCLUDE INFORMAITON: • AGAINST THE INTERESTS OF NATIONAL SECURITY • WHICH BREACHES A PROHIBITION IMPOSED BY, OR UNDER, AN ENACTMENT (LEGAL) • RELATED TO AN INDIVIDUAL, UNLESS THEY HAVE CONSENTED (IN WRITING) • DISCLOSURE WOULD CAUSE SUBSTANTIAL INJURY TO THE UNDERTAKING • OR, A THIRD PARTY UNDERTAKING • INFORMATION OBTAINED FOR THE PURPOSE OF BRINGING, PROSECUTING, OR DEFENDING ANY LEGAL PROCEEDINGS

14. INSPECTION OF DOCUMENTS • THESE WILL INCLUDE: • ACCIDENT BOOKS / REPORTS / STATISTICS / RIDDOR REPORTS ACOP 65 • RISK ASSESSMENTS • COSHH ASSESSMENTS • HEALTH SURVEILLANCE – WHERE APPLICABLE

15. INSPECTION OF DOCUMENTS • TECHNICAL INFORMATION AND NECESSARY PRECAUTIONS ABOUT HAZARDS – • INCLUDING MANUFACTURERS / SUPPLIERS TECHNICAL DATA SHEETS / INFORMATION

16. INSPECTION OF DOCUMENTS • IN-SERVICE HEALTH AND SAFETY TRAINING • SCHEDULES • PROGRAMMES • RECORDS • Organisation wide health and safety policies • Local area health and safety policies

17. INSPECTION OF DOCUMENTS • ANY PROPOSED CHANGES WHICH MAY AFFECT HEALTH AND SAFETY • INFORMATION RELATED TO ESTABLISHING AND MONITORING SAFE SYSTEMS OF WORK - INCLUDING HEALTH AND SAFETY ARRANGEMENTS UNDER THE MANAGEMENT REGS • INFORMATION RELATED TO THE APPOINTMENT / NOMINATION OF ‘COMPETENT PERSONS’

18. APPENDIX 1 A GUIDE TO RELEVANT LEGISLATION • Health & Safety at Work Act 1974 • Management of Health and Safety at Work Regulations 1999 • Health and Safety First Aid Regulations 1981 • Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) • Control of Substances Hazardous to Health Regulations (COSHH) 2002 • Chemicals (Hazard Information and Packaging for Supply) Regulations (CHIPS) 2002 • Health and Safety (Display Screen Equipment) Regulations 1992 • Workplace (Health, Safety and Welfare) Regulations 1992 • Manual Handling Operations Regulations 1992 • Provision and Use of Work Equipment Regulations 1998 • Personal Protective Equipment Regulations 1992 THIS APPENDIX IS A GUIDE AND IS NOT AN EXHAUSTIVE LIST