Element 1 MHSWR Flashcards
MHSWR 1999, as amended
Introduced in 1992 to implement the reqs of the European Framework Directive.
Introduced the general requirement for risk assessment into the UK
Reg 3 Risk Assessment
Absolute duty!
Also requires specific one for young persons;
Review if changes or no longer valid
Keep record of RA if 5 or more employees
Reg 4 Priciples of Prevention to be Applied
Requires employer to implement measures on basis of principles specified in Schedule 1 of regs
Schedule 1
a. avoiding risks
b. evaluating which risks cannot be avoided
c. Combating risks at source
d. Adapting work to the individual e.g. workplace design, equipment
e. Adapting to technical progress
f. Replacing the dangerous with non or less dangerous
g. Develop a coherent overall prevention policy which covers tech, conditions, organisation, social relationships etc
h. Prioritise collective protective measures over individual ones
i. Appropriate instructions to employees
Reg 5 H and S Arrangements
Required to implement apt management controls to ensure effective planning, organisation, control, monitoring and review of measures.
Reg 6 Health Surveillance
Employer must ensure apt surveillance
Surveillance for most risks to health (e.g. noise radiation etc) is required under more specific legislation
Reg 7 Health and Safety Assistance
Required to appoint a competent person(s) to assist in undertaking measures required to comply with legislation.
Must be apt to size and hazard profile of organisation
If more than 1 arrangement must be made for cooperation
If non-employee is appointed employer must provide him with info required under reg 10
Reg 8 Procedures for Serious and Imminent Danger and Danger Areas
Required to:
Implement apt procedures
Appoint sufficient competent people to implement evacuation procedures
Restrict access to danger areas
Reg 9 Contacts with External Services
e.g. first-aid, rescue etc
Reg 10 Info for Employees
Provide employees with relevant, comprehensible info regarding:
a. risks
b. preventive and protective measures
c. procedure for serious and imminent danger
d. risks created by another employer while sharing a workplace
Reg 11 Co-operation and Co-ordination
Where 2 or more employers share workplace, each employer is required to:
a. Co-operate
b. Take reasonable steps to co-ordinate control measures
c. Take reasonable steps to inform other employers of potential risks
Reg 12 Persons working in Host Employers or Self-employed persons’ undertakings
e.g. contractors. Must be given comprehensive info on risks and control measures
Reg 13 Capabilities and training
Must be taken into account before working.
Adequate training on recruitment; and
On new or increased risks
Reg 14 Employees Duties
Use or do anything in accordance with H and S training
Inform employer of any equipment, system etc that is not safe or any shortcomings in protection arrangements
Reg 15 Temporary Workers
On a fixed term contract should be provided with info on:
a. occupational qualifications or skills required
b. health surveillance required
Reg 16 RA in respect of new or expectant mothers
RA needs to be assessed in light of this
Biological risk from infectious or contagious disease only relevant if risk at work greater than outside work
Where risks to mother or baby can’t be addressed, and reasonable to do so, employer should alter working conditions or hours or suspend from work
Reg 17 Certificate from medical practicioner in respect of new or expectant mothers
can stop working specificed hours e.g. nights if have a certificate
Reg 18 Notification by new or Expectant Mothers
Only obliged to take action once provided with written notification of pregnancy.
Reg 19 Protection of Young Persons (under 18)
Lack of experience, absence of awareness, lack of maturity.
Cannot be employed for work which:
a. beyond physical or psychological capacity
b. Involves harmful exposure to:
Toxic or carcinogens
Radiation
Extreme cold or heat
Noise or vibration
c. Involves risk which may not be recognised or avoided by young people due to lack of experience or training
Reg 20 Exemption Certificates
Sec of Defence may exempt except for pregnant women
Reg 21 Provisions as to Liability
employer has no defence in criminal proceedings for contravention caused by act or omission of any employee or person appointed to provide competent H and S assistance. Does not apply to HASAWA S.2 and S.3
Reg 22 Restriction of Civil Liability for BSD
Breach of duty imposed by reg 16, 16A, 17, 17A, if harm caused can be actionable by the mother
Any agreement which purports to exclude any liability is void.
