Legislation – a small selection of key Health and Safety legislation and how we can help with compliance…

Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 is a key piece of legislation in the United Kingdom that sets out the fundamental principles and framework for health and safety regulation in the workplace. It places a legal duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees, as well as others who may be affected by their work activities, such as visitors and members of the public.

Key provisions of the Health and Safety at Work Act 1974 include:

1. The duty for employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees at work.
2. The duty for employers to provide and maintain a safe working environment, including safe premises, machinery, equipment, and systems of work.
3. The duty for employers to provide information, instruction, training, and supervision to employees to ensure their health and safety at work.
4. The duty for employers to conduct risk assessments and take measures to eliminate or control workplace hazards.
5. The duty for employers to consult with employees or their representatives on matters relating to health and safety.
6. The duty for employees to cooperate with their employer on health and safety matters and to take reasonable care of their own health and safety and that of others who may be affected by their actions at work.

The Health and Safety at Work Act 1974 also established the Health and Safety Executive (HSE) in the UK, which is responsible for enforcing health and safety legislation and promoting good practice in the workplace.

Overall, the Health and Safety at Work Act 1974 provides the legal framework for ensuring the health, safety, and welfare of workers in the UK and has had a significant impact on improving workplace safety since its enactment.

At Complisafe Health and Safety Consultants we believe this legislation has stood the test of time and essentially “done its job” since 1974. We refer to the Act on pretty much all of our Health and Safety Training sessions to ensure the basic principles are understood and how far and wide the duties apply in the workplace. In particular we use “section 2” at our Directors and Managers training courses to highlight employers responsibilities…

Section 2 of the Health and Safety at Work etc. Act 1974 places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees while they are at work, and to ensure that the health and safety of others who may be affected by their work activities are not put at risk. This duty encompasses various responsibilities, including providing and maintaining safe workplaces, machinery, equipment, and systems of work, as well as providing information, instruction, training, and supervision to employees to ensure their health and safety.

Section 2 of the Act outlines the fundamental principle of health and safety law in the UK, which places the primary responsibility for ensuring a safe working environment on employers. It sets the foundation for the entire health and safety regulatory framework and emphasizes the importance of employers taking proactive measures to protect the health and safety of their employees and others affected by their work activities.

Section 37 goes on to focus on the liability of individuals within organisations…

Section 37 of the Health and Safety at Work etc. Act 1974 (HASAWA) addresses the liability of individuals within organisations for health and safety offenses. It states that if an offense committed by a company or organization is proven to have been committed with the consent or connivance of, or to be attributable to the neglect of, any director, manager, secretary, or other similar officer of the organization, or any person who was purporting to act in any such capacity, they as well as the organization itself can be prosecuted and held liable.

This section holds individuals with managerial or supervisory responsibilities personally accountable for health and safety failings within their organization. It aims to ensure that those in positions of authority take their health and safety responsibilities seriously and take active measures to prevent accidents and injuries in the workplace. If proven guilty, individuals can face fines or imprisonment.

If you want to know more or discover how Complisafe can help with your compliance please get in touch as we are able to carry out Health and Safety Audits which specifically focus on the requirements of the Health and Safety at Work Act 1974.

Management of Health and Safety at Work Regulations 1999

The Management of Health and Safety at Work Regulations 1999 is a set of regulations in the United Kingdom that provide further details and guidance on how employers should manage health and safety in the workplace. These regulations support the overarching requirements of the Health and Safety at Work Act 1974 above and help employers to implement effective health and safety management systems.

Key provisions of the Management of Health and Safety at Work Regulations 1999 include:

1. Risk assessment: Employers are required to assess the risks to the health and safety of employees and others who may be affected by their work activities. This involves identifying hazards, evaluating the level of risk, and implementing measures to eliminate or control those risks.
2. Health and safety arrangements: Employers are required to establish and maintain arrangements for the effective planning, organization, control, monitoring, and review of health and safety measures in the workplace.
3. Competence: Employers must ensure that employees have the necessary skills, knowledge, training, and experience to carry out their work safely. This includes providing appropriate training and supervision.
4. Information, instruction, and training: Employers are required to provide employees with clear and understandable information, instruction, and training on the health and safety risks associated with their work activities, as well as the control measures in place to mitigate those risks.
5. Health surveillance: Employers may be required to provide health surveillance for employees who are exposed to certain occupational health risks, such as exposure to hazardous substances or noise.
6. Cooperation and coordination: Employers must cooperate and coordinate with other employers or self-employed individuals who share a workplace or work activities, to ensure that health and safety measures are effectively managed across all parties.

Overall, the Management of Health and Safety at Work Regulations 1999 provides a framework for employers to manage health and safety effectively in the workplace, with the aim of preventing accidents, injuries, and ill health. Compliance with these regulations helps to ensure the health, safety, and welfare of employees and others affected by work activities.

At Complisafe we also feel this is an excellent bit of legislation that aids with the ongoing “Management” requirements within Health and Safety. Its certainly never just done as its about ongoing and consistent management requirements, so this can never be a tick box exercise. Most companies know about the need for risk assessments and what they are trying to do but often other elements are missed…

This is largely where Health and Safety Policies come from, the need for competence, induction and ongoing training, health surveillance and sharing workspaces which is a lot more common that it once was.

One of the most important parts of this legislation is…

Regulation 7, specifically focuses on the duties of employers to appoint competent persons to assist in meeting legal requirements related to health and safety. Here’s a breakdown of Regulation 7:

1. Appointment of Competent Persons: Employers are required to appoint one or more competent persons to assist them in implementing health and safety measures in the workplace. These competent persons should have sufficient skills, knowledge, and experience to help the employer meet their legal duties under health and safety law.
2. Competence Requirements: The competent person(s) appointed should possess the necessary competence to provide assistance in various aspects of health and safety management, such as risk assessment, accident investigation, and the development of control measures.
3. Cooperation and Coordination: Employers must ensure that the competent person(s) appointed can effectively cooperate and coordinate with other relevant parties, such as employees, safety representatives, and enforcement authorities, to promote a collaborative approach to health and safety management.
4. Resources and Support: Employers are responsible for providing the necessary resources and support to enable competent persons to carry out their duties effectively. This may include access to training, information, and assistance as required.

Regulation 7 of the Management of Health and Safety at Work Regulations 1999 emphasizes the importance of employers appointing competent persons to help them fulfill their legal obligations related to health and safety in the workplace. Compliance with this regulation ensures that employers have access to the expertise needed to create and maintain a safe and healthy working environment.

This is where Complisafe come in to provide the competent persons service for our clients. (Competent Source of Advice). Our Consultants not only have a wealth of experience and knowledge we are also fully insured and qualified to the highest standards. This includes Chartered Membership of IOSH and Consultants being registered on the OSHCR (Occupational Safety and Health Consultants Register). If you are engaging with a Consultant who is not Chartered or on the Register you will need to ask more about their knowledge and experience as this is your responsibility to carry out this due diligence.

We issue a certificate of compliance and provide you with email and telephone support for your business all year round. This is also key for many businesses who are third party accredited with organisations such as CHAS, SafeContractor, Construction Line, SMAS, SafeCert, Acclaim, Achilles etc.

Please get in touch to discuss as the cost of this service may surprise you… in a good way!

Construction Design Management Regulation 2015

The Construction (Design and Management) Regulations 2015 (CDM 2015) are a set of regulations in the United Kingdom that aim to improve health and safety in the construction industry. The primary focus of CDM 2015 is to ensure that health and safety considerations are integrated into the planning and management of construction projects from the outset, with the goal of reducing accidents, injuries, and ill health. Like the Management regulations but for Construction this legislation sets out a management framework for duty holders as well as key actions required.

At Complisafe we provide help with CDM training to all duty holder both general requirements and individual duty holders. We provide monitoring services for Clients, Principal Contractors and Contractors and we provide help to Designers with design risk management including documentation and monitoring.

Key objectives of the CDM 2015 regulations include:

1. Promoting cooperation and coordination: CDM 2015 emphasizes the importance of cooperation and coordination between all parties involved in a construction project, including clients, designers, contractors, and workers. This helps to ensure that health and safety considerations are effectively managed throughout the project lifecycle.
2. Appointing duty holders: CDM 2015 identifies specific duty holders who have responsibilities for managing health and safety at various stages of a construction project. These duty holders include clients, designers, principal designers, principal contractors, and contractors.
3. Pre-construction planning: CDM 2015 requires that health and safety considerations are addressed during the pre-construction phase of a project, including the preparation of a health and safety plan and the identification of significant risks.
4. Skills, Knowledge, Experience: CDM 2015 emphasizes the importance of ensuring that duty holders are “competent” (word removed from regs) to carry out their roles effectively. This includes having the necessary skills, knowledge, experience, and resources to manage health and safety risks.
5. Worker engagement and consultation: CDM 2015 promotes the active involvement of workers in health and safety matters, including providing them with relevant information, instruction, and training, and consulting them on health and safety issues that affect their work.

Overall, the CDM 2015 regulations are designed to improve health and safety standards in the construction industry by ensuring that health and safety considerations are integrated into the planning and management of construction projects, and that all parties involved in the project work together to manage risks effectively. Compliance with CDM 2015 helps to reduce accidents, injuries, and ill health in the construction sector.

One area that comes up regularly is when does CDM apply and how far do we need to go? This is a favourite discussion point on our CDM sessions and once this is broken down our delegates realise that it’s pretty straight forward and whether it comes under CDM or not, it still needs to be done safely! The word “proportionate” is applied quite a lot as we still need to get work done that is both compliant and worthwhile. Get in touch with Rob Anderson to discuss CDM on 0333 577 2700.

Display Screen Equipment Regulations 1992

The Display Screen Equipment (DSE) Regulations, also known as the Health and Safety (Display Screen Equipment) Regulations 1992, are aimed at ensuring the health and safety of workers who use display screen equipment (DSE) regularly as part of their work. The purpose of these regulations is to protect workers from the health risks associated with prolonged use of DSE, such as computers, laptops, tablets, and smartphones.

Key purposes of the DSE regulations include:

1. Protecting workers’ health: The regulations aim to prevent health issues such as eyestrain, musculoskeletal problems, and stress-related disorders that can result from prolonged use of DSE.
2. Assessing and managing risks: The regulations require employers to conduct risk assessments of DSE workstations to identify potential hazards and take measures to eliminate or reduce these risks.
3. Providing information and training: Employers are required to provide workers with information, instruction, and training on how to use DSE safely, including advice on posture, workstation setup, and taking regular breaks.
4. Providing rest breaks and changes of activity: The regulations stipulate that workers who use DSE regularly should be provided with adequate rest breaks and opportunities to vary their work activities to prevent fatigue and reduce the risk of health problems.
5. Providing eye and eyesight tests: Employers are required to offer regular eye tests to workers who use DSE regularly and provide them with corrective glasses if necessary.

Overall, the purpose of the DSE regulations is to ensure that employers take appropriate measures to protect the health and safety of workers who use DSE regularly as part of their work, thereby minimizing the risk of work-related health problems and promoting a safe and healthy working environment.

Complisafe are able to help in a number of ways with this legislation that is now a bit dated due to technological advances since 1992! We can train staff to be assessors so this work can be done internally first of all, our team can then come in to complete any complex assessments as needed. Our online system (on line training) is high quality and engaging video lead training on the safe use and set up of DSE including working from home. It also comes with a DSE assessment tool that aids with closing out issues with advice and suggestions and allow users to escalate issues to line managers who can also address and close out issues.

If you would like some advice on DSE assessments please get in touch to discuss the best approach for your organisation.

Manual Handling Regulations 1992

The Manual Handling Operations Regulations 1992 (often referred to as the Manual Handling Regulations) are a set of regulations in the United Kingdom aimed at reducing the risk of injury from manual handling tasks in the workplace. These regulations apply to a wide range of manual handling activities, including lifting, lowering, pushing, pulling, and carrying objects by hand or bodily force.

We know this can be quite a frustrating area for organisations as many injuries are not sustained at work, are part of wider health issues, are sometimes not genuine or caused by individuals taking short cuts or not following instructions. We also know that insurers will sometimes settle out of court to get rid of the problem which actually hits you a year later when it comes to your renewal.

Some professionals have hinted that Manual Handling training might not be as beneficial as once thought but this is very much still a “think tank” theory. Certainly providing training is important as well as risk assessing the task, individual, load and environment but this can be a lot to document and record.

We talk about “designing out handling issues” at point of design of equipment or packaging/loads. We ask, can we use tools and equipment to take the strain and control the stresses of some tasks. We also find that discussing tasks with employees is a fantastic way of finding ideas and solutions which are quite often inexpensive and straightforward.

Key provisions of the Manual Handling Regulations include:

1. Avoiding manual handling where possible: Employers are required to assess the risks associated with manual handling tasks and, where possible, avoid the need for manual handling altogether by using mechanical aids or other means.
2. Assessing the risks: Employers must conduct a risk assessment of manual handling tasks to identify potential hazards and assess the level of risk to employees. This involves considering factors such as the weight and size of the load, the distance it needs to be moved, and the working environment.
3. Reducing the risk: Where manual handling cannot be avoided, employers must take measures to reduce the risk of injury to employees. This may include providing training on safe lifting techniques, ensuring that loads are properly balanced and stable, and implementing control measures to minimize the risk of injury.
4. Providing information and training: Employers are required to provide employees with information and training on the risks associated with manual handling tasks and how to perform them safely. This includes instruction on proper lifting techniques, the use of mechanical aids, and the importance of taking regular breaks.
5. Reviewing and monitoring: Employers must regularly review and monitor manual handling activities to ensure that control measures remain effective and that the risk of injury is adequately managed.

The Manual Handling Regulations aim to protect the health and safety of workers by reducing the risk of injury from manual handling tasks in the workplace. Compliance with these regulations helps to minimize the risk of musculoskeletal disorders and other injuries related to manual handling activities.

Work at Height Regulations 2005

The Work at Height Regulations 2005 is a set of regulations in the United Kingdom that aim to prevent accidents and injuries resulting from work carried out at height. These regulations apply to all work activities where there is a risk of a fall liable to cause personal injury, including falls from ladders, scaffolds, roofs, and other elevated surfaces.

At Complisafe we love to know about your projects and the possible Work at Height concerns so we can aid with planning and decision making at the earliest possible stage. The hierarchy of controls is pretty straight forward and covered in the provisions below…

Key provisions of the regulations include:

1. Avoiding work at height where it is reasonably practicable to do so.
2. Where work at height cannot be avoided, taking measures to prevent falls, such as using appropriate equipment like guardrails, working platforms, or safety nets.
3. Ensuring that work at height is properly planned, supervised, and carried out by competent personnel.
4. Providing adequate training and instruction to workers involved in work at height.
5. Conducting risk assessments to identify hazards and implement appropriate control measures.
6. Inspecting and maintaining equipment used for work at height to ensure it remains safe and effective.
7. Ensuring that work at height is carried out in a manner that does not endanger the health and safety of those in the vicinity, including members of the public.

The Work at Height Regulations 2005 place a legal duty on employers, the self-employed, and those in control of work at height activities to ensure that such work is carried out safely and in compliance with the regulations. Violations of the regulations can result in enforcement action, including fines or prosecution.