H&S regs Flashcards
What is the CSCS?
The construction skills certification scheme. The cards certify that the holder has the appropriate training, experience and qualifications for their work (in particular in relation to health and safety).
What is the Health and safety at work act 1974?
The Health and Safety at Work etc. Act 1974:
- Applies to all workplaces including construction sites.
- Sets out general duties of employers, self-employed persons, persons in control of premises, employees, manufacturers and suppliers to safeguard the health and safety of employees and public who may be affected by their work.
- Failure to comply with the requirements of the Act is a criminal offence which can result in a prison sentence of up to 2 years prison and an unlimited fine.
- All health and safety regulations fall under this Act.
- Section 2 gives employers a duty to ensure the health and safety of employees as far as is reasonably practicable.
- Section 3 imposes a duty to ensure people who are not employees are not exposed to health and safety risks.
- Section 4 imposes a duty to ensure premises are safe and from risks to health.
- Sections 7 and 8 give employees a duty to take reasonable care.
- Section 37 provides that directors and managers can be liable personally for neglect or consent that leads to an offence under the Act.
What is the Health and Safety Executive?
The Health and Safety Executive (HSE) is Britain’s national regulator for workplace health and safety. It prevents work-related death, injury and ill health.
What is The Management of Health and safety Regulation 1999?
The Management of Health and Safety at Work Regulations 1999 makes explicit requirements for employers to satisfy the requirements of the Health and safety at work etc act 1974.
It sets out Requirements for:
- Risk assessments. Thinking about what might cause harm and deciding what steps to take to prevent harm.
- Apply principles of prevention. Avoid risk where possible, evaluate unavoidable risks and put in place proportionate measures to control risks at source (see below).
- A written statement of general health and safety policy for employers of employing 5 or more people, and bring the policy to the attention of employees. Note employers of fewer than 5 people must still have a health and safety policy, but it does not need to be written down. See Health and Safety Policy for more information.
- Method statement. Widely used in construction industry as means of controlling specific health and safety risks that have been identified. This helps manage the work and ensures precautions communicated to those involved. See Method statement for more information.
- Review and inspection: By the employer internally and by Health and Safety Executive (HSE) externally, assessing things such as; prevention of falls, working at height, platforms, asbestos, avoidance of obstructions and so on.
- Competent people must be appointed by the employer to assist in meeting legal requirements of health and safety legislation. They do not have to be employees, so can for example be consultants.
What is COSHH?
The Control of Substances Hazardous to Health Regulations 2002 (COSHH) require employers to prevent or reduce workers’ exposure to substances including:
- Chemicals, and products containing chemicals.
- Fumes, gases, vapours and mists.
- Dusts.
- Nanotechnology
- Biological agents and germs.
It does not include lead, asbestos or radioactive substances, which are controlled by other legislation.
What is RIDDOR?
- There is a legal requirement through the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) for a responsible person (employers, the self-employed and individuals in control of work premises) to notify and keep records of specified workplace incidents.
- This includes certain workplace accidents, occupational diseases and certain ‘dangerous occurrences’ (including near miss accidents). In addition, registered gas fitters are required to report poor and dangerous gas installations.
- A ‘responsible person’ must notify the relevant enforcing authority (Health and Safety Executive (HSE), local authorities and the Office for Rail Regulation (ORR)) about deaths, injuries, occupational diseases and dangerous occurrences.
- Records must be submitted by the responsible person via an online reporting system from the RIDDOR report page on the HSE website. The appropriate form should be completed which will be submitted to the database and a copy emailed as a record for the responsible person. Fatalities and major injuries can be reported by phone to the HSE.
- A report must be received within 10 days of the incident or within 15 days for accidents resulting in the over seven-day incapacitation of a worker.
- Records must be kept for at least three years from the date on which they were made.
When must employers have a written health and safety policy?
Where 5 or more employees are employed, employers must have a written safety policy statement.
How does the HASAW Act comply to the construction industry?
- Applies to all construction site
- Sets out general duties for employers and employees
- Failure to comply with the act is a criminal offence
- All health and safety regulations fall under this act.
How long HSE record should be kept for?
Health records, or a copy, should be kept in a suitable form for at least 40 years from the date of last entry because often there is a long period between exposure and onset of ill health.
What is a Construction Phase Health and Safety Plan?
A Construction Phase Plan is a key document that details the health and safety risks associated with the construction phase of the project and the control measures that will be implemented to minimise risks or where possible, eliminate them.
What is corporate manslaughter?
Corporate manslaughter is a criminal offence where a business or organisation is found to have caused a person’s death. Your business can be prosecuted for the offence of corporate manslaughter if the way in which its activities are managed causes a death through a gross breach of duty of care to the deceased.
What is the Considerate Construction’s Scheme?
- The Considerate Constructors Scheme is a not-for-profit, independent organisation founded to raise standards in the construction industry.
- Construction sites, companies and suppliers voluntarily register with the Scheme and agree to abide by the Code of Considerate Practice, designed to encourage best practice beyond statutory requirements.
What is The Health & Safety (First Aid) Regulations?
The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate equipment, facilities and personnel to ensure their employees receive immediate attention if they are injured or taken ill at work. These Regulations apply to all workplaces including those with less than five employees and to the self-employed.
What is Control of noise at work regulations 2005?
The Control of Noise at Work Regulations 2005 (Noise Regulations 2005) require employers to prevent or reduce risks to health and safety from exposure to noise at work.
The regulations require employers take certain steps, at specified action levels, to reduce the harmful effects of noise on hearing. These relate to the levels of exposure to noise by an employee averaged over a working day or week; and the maximum noise (peak sound pressure) in a working day.
- Lower exposure action
- Daily or weekly exposure of 80 dB.
- Peak sound pressure of 135 dB.
- Upper exposure action value:
- Daily or weekly exposure of 85 dB.
- Peak sound pressure of 137 dB.
Exposure limit value:
These are the levels of noise exposure which must not be exceeded.
- Daily or weekly exposure of 87 dB.
- Peak sound pressure of 140 dB.
What is The Provision and Use of Work Equipment Regulations?
These Regulations, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment.
Work equipment is any machinery, appliance, apparatus, tool or installation for use at work (whether exclusively or not).
What is the Personal Protective Equipment at Work Regulations 1992?
The Personal Protective Equipment at Work Regulations 1992 came into force on 1st January 1993. They set out the requirements for equipment intended to protect the wearer from health and safety risks.
What is Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)?
- These Regulations (often abbreviated to LOLER) place duties on people and companies who own, operate or have control over lifting equipment.
- This includes all businesses and organisations whose employees use lifting equipment, whether owned by them or not. In most cases, lifting equipment is also work equipment so the Provision and Use of Work Equipment Regulations (PUWER) will also apply (including inspection and maintenance). All lifting operations involving lifting equipment must be properly planned by a competent person, appropriately supervised and carried out in a safe manner.
- LOLER also requires that all equipment used for lifting is fit for purpose, appropriate for the task, suitably marked and, in many cases, subject to statutory periodic ‘thorough examination’. Records must be kept of all thorough examinations and any defects found must be reported to both the person responsible for the equipment and the relevant enforcing authority.
What is Control of Asbestos Regulations 2012?
- Anyone who has the responsibility of being the acting duty holder must also ensure asbestos is safely managed with a clearly defined asbestos management plan.
- An Asbestos management plan should be updated following any material changes, and all asbestos containing materials should be reinspected at least annually.
- Employers have a duty to protect their employees from exposing themselves (and others through the course of their work) to asbestos and ensure they are appropriately trained to assist in this endeavour. This type of training is referred to as ‘Asbestos Awareness Training’.
