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Every employer must ensure, as far as is reasonable practicable, the health, safety and welfare of all his employees. Employers duties to consult with their employees. More specifically, employers must provide: Safe plant and systems of work
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Every employer must ensure, as far as is reasonable practicable, the health, safety and welfare of all his employees Employers duties to consult with their employees • More specifically, employers must provide: • Safe plant and systems of work • Safe use, handling, transport and storage of articles and substances. • Any required information, instruction, training and supervision • Safe place of work (including access and egress) • A safe environment with adequate welfare facilities. Every employer or self employed person must conduct their undertaking in such a way as to ensure AFARP, that person not in their employment who may be affected are not exposed to risks • Employers with 5 or more employees must: • Prepare a written health and safety policy. • Set out the organisation and arrangements for putting the policy into effect. • Revise and update the policy as needed. • Bring the policy to the notice of employees. Those in control of non domestic premises must ensure AFARP that access / egress and any plant or substances is safe with without risk to health (this applies to landlords and common areas of residential premises)
Health & Safety at Work Act 1974 Section 2(3) Health & Safety at Work Act 1974 Section 4 Health & Safety at Work Act 1974 Section 2(2) Health & Safety at Work Act 1974 Section 3 Health and safety at work act 1974 Section 1(1) Health & Safety at Work Act 1974 Section 2(4-7)
Designers, manufacturers, importers and installers of any item for use at work must ensure that: • They are safe and without risk to health whether used, stored or transported. • Necessary tests research and examinations have been carried out. • Revised information should be given if a serious risk becomes known. Employees cannot be charged for anything done, or provided to comply with health and safety law (e.g. PPE) • Employees duties: • To take reasonable care of themselves and others who may be affected by their acts and omissions. • To cooperate with their employer to enable then to comply with the law. Powers for government to make regulations • Duty on every person: • No person shall misuse or interfere with anything provided in the interest of health, safety and welfare. Powers for government to make Approved Codes of Practice
Health & Safety at Work Act 1974 Section 8 Health & Safety at Work Act 1974 Section 16 Health & Safety at Work Act 1974 Section 7 Health & Safety at Work Act 1974 Section 15 Health and safety at work act 1974 Section 6 Health & Safety at Work Act 1974 Section 9
Powers of Inspectors Every employer is required to make a suitable and sufficient assessment of risk to employees and risks to other people who might be affected (e.g. visitors and public) Where an offence is committed due to the fault of another person, that other may also be prosecuted. • Applying the principles of prevention: • Avoiding risks • Evaluating the risks which cannot be avoided • Combating the risks at source. • Adapting the work to the individual • Adapting to technical progress • Replacing the dangerous with the non or less dangerous. • Developing a coherent policy • Giving collective protective measures priority over individual. • Giving appropriate instruction to employees. Where an offence is committed by the body corporate and is attributable to any neglect, consent or connivance of a director or senior manager, then that person may also be prosecuted. Formal arrangements must be devised (and recorded) for effective planning, organisation, control, monitoring and review of safety measures.
Health & Safety at Work Act 1974 Section 37 Management of Health & Safety at Work Regulations 1999 Regulation 5 H&S Arrangements Health & Safety at Work Act 1974 Section 36 Management of Health & Safety at Work Regulations 1999 Regulation 4 Principles of Prevention Health and safety at work act 1974 Section 20-25 Management of Health & Safety at Work Regulations 1999 Regulation 3 Risk Assessment
Health Surveillance Any necessary contact arrangements with external services for first aid, emergency medical care and rescue work must be set up. Every employer is obliged to appoint one or more competent person(s) to advise and assist in undertaking the necessary measures to comply with the relevant statutory requirements. Employers duties (making employees aware of evacuation procedures , risk assessments, and appointed persons) Procedures must be established for dealing with serious and imminent dangers including fire evacuation plans and arrangements for other emergencies. • Where two or more employers share a workplace, each must: • Cooperate with other employees in health & safety matters. • Take reasonable steps to coordinate their safety precautions. • Inform the other employers of the risks to their employees.
Management of Health & Safety at Work Regulations 1999 Regulation 8 Serious / Imminent Danger Management of Health & Safety at Work Regulations 1999 Regulation 11, 12, 15 Cooperation and Coordination Management of Health & Safety at Work Regulations 1999 Regulation 7 Competent Assistance Management of Health & Safety at Work Regulations 1999 Regulation 10 Information for Employees Management of Health & Safety at Work Regulations 1999 Regulation 6 Health Surveillance Management of Health & Safety at Work Regulations 1999 Regulation 9 Contact with emergency services
When giving tasks to employees, their capabilities with regard to health & safety must be taken into account. Employees must be provided with adequate health and safety training: • On recruitment • On the introduction of new procedures, systems or technology. Training must be repeated periodically and take place in working hours. Employers must protect young persons from risk at work. The following factors must be considered: Physical / psychological capability, pace of work, temperature, noise, vibration, radiation, hazardous substances, lack of training, experience and lack of maturity. The exception is young people over school age where: training is needed for the job, they are supervised, where risk is reduced AFARP. Equipment and materials must be used properly in accordance with instructions and training. Obligations on employees are extended to include certain requirements to report serious and immediate dangers. This provision is to prevent a defence for an employer by reason of any act or default of an employee or a competent person appointment under regulation 7. Employees duties are unaffected by this provision. Where work is of a kind that could present a risk to new or expectant mothers and their babies, the risk assessment must include an assessment of such risk. Where risks cannot be avoided, employer must alter work conditions or suspend on full pay. The woman must notify the employer in writing of her pregnancy or having given birth within the last 6 months or is breastfeeding. Amendment under MHSWR (As amended 2006) changes the civil liability provisions in the regulations so as to exclude the right of third parties to take legal action against employees for contraventions of their duties under the regulations. This extends to employees the same protection against third party action as that provided for employers.
Management of Health & Safety at Work Regulations 1999 Regulation 16-18 New or Expectant Mothers Management of Health & Safety at Work Regulations 1999 Regulation 22 Restriction of civil liabilty for breach of statutory duty Management of Health & Safety at Work Regulations 1999 Regulation 14 Duties on Employees Management of Health & Safety at Work Regulations 1999 Regulation 21 Provisions as to Liability Management of Health & Safety at Work Regulations 1999 Regulation 13 Capabilities and Training Management of Health & Safety at Work Regulations 1999 Regulation 19 Young Persons