Law and Regulations Flashcards
6 pack of regulations from 1/1/93
- Display Screen Equipment Regulations
- Manual Handling of Loads Regulations
- Personal Protective Equipment Regulations
- Management of Health and Safety at Work
- Provision and use of Work Equipment Regulations
- Workplace (Health, Safety and Welfare) Regulations
EMAS
Employment Medical Advisory Service (now part of HSE, only 5 EMAS doctors)
Health and Safety At Work Act 1974
Formed the HSC and HSE.
Both merged in 2008 to make HSE
Fee for investigation is £129 per hour since Oct 2012.
Health and Safety Legislation is enforced by HSE and local authorities
Has 9 sections
Applies to all workers EXCEPT DOMESTIC
Magistrates
Less serious offences
Unlimited fines for H&S breaches
Prison up to 6 months
Crown Court
Serious offences
Prison up to 2 years
Trial by jury
Criminal Courts
Magistrates
Crown
Civil Courts
First tier tribunals
County courts
High court
Employment tribunal
Legislation
Those laws enacted by parliament
HSWAW 1974 is primary legislation
Common Law
Principles of law enunciated by judges when giving decisions on actual disputes presented to them in courts
HSE
Formed in 1974 at time of HASWA
Protects health and safety of workers including self employed. Propose legislation and guidances
Responsible for enforcement of health and safety legislation
Local Authorities
Statutory responsibility for health and safety inspections in shops, offices, leisures, hotels, restaurants, care homes, distribution like petrol stations.
ACOPs
Approved Code of Practice
HSE Inspectors
Can take enforcement action. Can issue improvement notice, prohibition notice. They can pursue a prosecution through criminal courts
Improvement notice
To address a named health and safety breach. Employer can appeal. In this case notice is suspended until decision of the tribunal
Prohibition notice
Work is stopped immediately until breach is addressed. Takes immediate effect. This is when there is thought of risk of illness or injury
Management of Health and Safety at Work Regulations 1999
“Management Regulations”
Doesn’t apply to captain and crew of sea going vessels unless the ship is at the harbour for repair
Doesn’t apply to domestic staff in private homes
Requirement for risk assessments
Workplace (Health, Safety and Welfare) Regulations 1992
Covers all workplaces except transport, mines, quarries, oil rigs or building sites.
Doesn’t apply to domestic premises.
Main requirements - employer to keep work place clear, well ventilated and dispose of waste. Suitable temperature, lighting, seating, floors, paths, windows etc. Rest areas, canteen, toilet.
Temperature Regulations
Indoor - no lower than 16C, 13C if physically demanding. No max temp given.
Health and Safety (Display Screen Equipment) Regulations 1992
If they use DSE for over an hour or daily. Need risk assessment. Eye test at employers expense. Employers pay for glasses if required solely for DSE use.
Provision and Use of Work Equipment Regulations 1998
Ensure that use of work equipment does not affect worker’s health and safety.
Maintenance of equipment, training, information, emergency stops etc.
COSHH 2002
To protect from chemical hazards in the workplace.
Excludes asbestos, lead, radioactive agents, substances used in medical treatment and substances hazardous because of flammable/explosive properties.
RIDDOR 1995
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
Reporting accidents to HSE or local authority. Has to be over 7 day injury. Responsible person reporting it is the employer, person in control of workplace or individual if self employed.
RIDDOR Reporting conditions
Death at work
Injuries involving hospitalisation or LOC
Fracture of long bones
Loss of Sight
8 Diseases to report to RIDDOR
1 HAVS 2 Carpel Tunnel 3. Severe arm cramps 4. Tendonitis 5. Occupational asthma 6. Occupational dermatitis 7. Occupational cancers 8. Disease due to biological agents.
First Aid at Work Regulations 1981
First aid materials
Appointed person - 3 years validity
Accident Book
Control of Lead at Work Regulations 2002
Risk through inhalation, ingestion, dermal absorption
Keep staff records for 5 years
LEV Maintenance every 14 months
Breathing zone sampling every 3 months, 12 months if air concentration is <0.10mg/m3
Control of Asbestos Regulations 2012
Control limit is 0.1 fibre/cm3 over every 4 hour period
Exposure must not exceed 0.6 fibres/cm3 in a 10 min period
Retain health record for 40 years
Ionizing Radiation Regulations 1999
Employers need authorisation from HSE Records kept for 50 years Dose limit 20mSv for workers over 18 years. 6mSv for workers aged 16-18 1mSv for members of public
Work in Compressed Air Regulations 1996
Applies to with pressures above 0.15bar except where diving regulations apply Records for 40 years Treatment of Dysbaric Illness. Need HS Need HSE appointed Doctor. Yearly full medical assessment Every month if >1bar Every 3 months if <1bar Blackpool tables for treatment
Control of Noise at Work Regulations 2005
Do not apply to master and crew of merchant ship.
Lower exposure action value is 80 dB - health surveillance
Upper value is 85 db - must wear hearing protection
Exposure limit 87db - must not be exposed beyond this
Food Hygience Regulations 2006
Need to register premises with local authority. Have to be registered 28 days before food production begins
REACH 2007
Registration, evaluations, authorisation and restriction of chemicals. To manufacturers of substances to the EU.
Enforced through HSE in the UK.
Control of Vibration at Work Regulations 2005
EAV - exposure action value ELV - exposure limit value HAV - EAV is 2.5 m/s, ELV is 5.0 m/s Whole body - EAV is 0.5 m/s, ELV is 1.15 m's *Calculated exposure over 8 hours
Statutory requirements for health surveillance
Noise Lead Asbestos Diving Compressed Air Vibration Radiation
Equality Act 2010
Age Sex Race Religion Gender reassignment Sexual orientation Pregnancy/maternity Married/civil partnership status Disability
Confidentiality
Is NOT absolute Can be broken if: 1. Interest of public safety/ in publics interest 2. Ordered by court/coroner 3. If required by law/statute.
Hierarchy of Controls
- Elimination
- Substitution
- Engineering Controls
- Administrative Controls
- PPE
Lighting Requirements
Glare exclusion zone
Level of illumination - appropriate illumination ratios
Impairment
Extent of loss or abnormality of psychological, physiological or anatomical structure or function.
Disability
Loss of function resulting from impairment
Information Commisioner
Ensure compliance with data protection act
ART Tool
Assessment of Repetitive Tasks
MAC Tool
Manual Handling Assessment Charts
RULA
Rapid Upperimb Assessment
Handicap
A disadvantage for a given individual resulting from an impairment or disability that limits or prevents fulfilment of a role.
Data Protection Act 2018
Access denied if harmful, 3rd party info
Must be provided in a month
Subject access request comes under this.
Access to Medical Reports Act 1988
Employee requests access to report written about them in regards to insurance or employment purposes.
Have 21 days to supply this.
Can charge fee for this.
Food Safety
Enforced by environmental hygiene officers, NOT HSE
Food handlers required to be absent from work until they are 48 hours clear of D+V
They are require to report illness, no blame or cost policy
HACCP
Hazard analysis and critical control points
Governed by European Commission
Need for pest control, waste control and training for staff
Hot Food above 63C, cold below 8C
Working at Height
Working at Height regulations apply to all including contractors. Can work at height with epilepsy.
Need to be certified if working for more than 30min
COSHH 8 Principles
- Design process to minimize spread of substances
- Take into account all relevant routes of exposure
- Control exposure by measures proportionate to health risk.
- Chose most effective and reliable control options.
- If control not possible by other means, give PPE
- Check and review regularly all elements of control
- Inform and train employees on hazards/risks
- Introduced control measures should not increase overall risk to health and safety.
EC Regulations on Foodstuffs
HACCP is governed by.
Need to pest control and waste control
Hot food above 63C
Cold food below 8C
Diving Regulations
Need HSE Approved doctor
They need DOccMed and 5 medicals/year
Covers 5 areas - commercial offshore, commercial inland, media diving, scientific/archeological, recreational diving projects
Employers’ Liability (Compulsory Insurance) Act 1969
Require employers to take out insurance against accidents and ill health to their employees.
The Health and Safety Information for Employees Regulations 1989
Require employers to display a poster telling employees what they need to know about health and safety
3 reasons to do Lead Surveillance
- If an appointed doctor says
- If if blood/urine lead concentrations are high
- If airborne exposure is 50% or more of OEL
OEL is 0.10 and 0.15
