Management Of Health And Safety At Work Regulations 199

Question 1

What does the Management of Health and Safety at Work Regulations 1999 mean

Answer 1

Generally makes the requirements (including the main one for carrying out risk assessments) of the Health and Safety at Work Act more explicit for employers.

Question 2

What guidance for the MHSWR

Answer 2

Health and safety made simply

The health band safety toolbox

Managing for health and safety

Question 3

What must an employer do under the MHSWR regarding the appointment of a health and safety duties

Answer 3

A competent person is someone with the necessary skills, knowledge and experience to manage health and safety.

Question 4

How many people do you need to wright a health and safety policy for

Answer 4

5

Question 5

What must u control in the health and safety of your business

Answer 5

The risk in the work place

Question 6

What’s a risk assessment

Answer 6

Identifying risks and placing controlling measures on them

Question 7

What’s reg 3 of the MHSWR

Answer 7

RISK ASSESSMENTS
Reg. 3 places an absolute duty (i.e. shall) on the employer (or self-employed person) to make a ‘suitable and sufficient’ health and safety risk assessment of the risks that:

Question 8

What’s reg 4 of the MHSWR

Answer 8

Principles of prevention

Reg. 4 requires the employer to implements preventive and protective measures on the basis of the principles specified in Schedule 1 of the Regulations.

Question 9

What’s reg 5 of the MHSWR

Answer 9

Health and safety arrangements

Having conducted a risk assessment (Reg. 3) and introduced risk control (preventative and protective) measures the employer is required to implement appropriate management controls to ensure the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

Question 10

Reg 7of the MHSWR

Answer 10

Health and safety assistance

Employer required to employ competent person to comply with legislation

Numbers appointed must be adequate for the task
Cooperation if more than one person
Where a non-employee (e.g. consultant) is appointed the employer must provide him with information required under Reg. 10 and any factors known to affect the health and safety of employees or others.

Competent means sufficient training experience knowledge and other qualities

Question 11

Reg 6of the MHSWR

Answer 11

Health and safety

Reg. 6 requires the employer to ensure that employees are provided with any necessary health surveillance appropriate to the identified risks to their health and safety.

Reg. 6 requires the employer to ensure that employees are provided with any necessary health surveillance appropriate to the identified risks to their health and safety.

Question 12

Reg 8 of the MHSWR

Answer 12

Regulation 8: Procedures for serious and imminent danger and for danger areas.
The employer is to

 implement appropriate procedures to be followed in the event of serious and imminent danger arising in the workplace

 appoint a sufficient number of competent persons to implement evacuation procedures

 restrict access to ‘danger areas’ to those employees who have received adequate instruction and training regarding the risks and controls.

Question 13

Reg 9 of the MHSWR

Answer 13

Regulation 9: Contacts with external services

The employer is required to arrange any necessary contacts with external services for provision of appropriate first-aid, emergency medical care or rescue work responses.

Question 14

Reg 10 of the MHSWR

Answer 14

The employer should provide employees with relevant, comprehensible information regarding:

(A)The risks to their health and safety

(b) the preventive and protective measures

(c) the procedures for serious and imminent danger, and danger areas including the identity of
the competent persons appointed for evacuation procedures

(d) the risks created by another employer while sharing a workplace (see Reg. 11).
Where a child is employed the info is sent to the parents

Question 15

Reg 13 of the MHSWR

Answer 15

Regulation 13: Capabilities and training

An employee’s capabilities for health and safety take into account before the employer allocates them work.
Employees are to be provided with adequate health and safety training:

 on recruitment

 on being exposed to new or increased risks because of changes of: responsibility, work
equipment, new technology, or new systems of work.

Question 16

Reg 14 of the MHSWR

Answer 16

Regulation 14: Employees’ duties

Question 17

Reg 15 of the MHSWR

Answer 17

Temporary workers

Temporary workers, employed under a fixed term contract of employment should be provided with comprehensible information on:
(a) any occupational qualifications or skills required to carry out work safely

(b) any health surveillance required.

Question 18

Reg 16 of the MHSWR

Answer 18

Regulation 16: Risk assessment in respect of new or expectant mothers

Question 19

Reg 17 of the MHSWR

Answer 19

Regulation 17: Certificate from registered medical practitioner in respect of new or expectant mothers

Question 20

Reg 18 of the MHSWR

Answer 20

Regulation 18: Notification by new or expectant mothers

If a risk alter hours working conditions or suspend employee from work to avoid those risks

The employer is only obliged to take action once the employee has notified him in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.

Question 21

Reg 19 of the MHSWR

Answer 21

Regulation 19: Protection of young people

Required as lack of experience/absences of awareness of existing or potential risks or lack of maturity

A young person may not be employed for work which:

(a) is beyond his physical or psychological capacity

(b) involves harmful exposure to: toxic or carcinogenic substances, radiation, extreme cold or
heat, or noise or vibration

Question 22

Reg 20 of the MHSWR

Answer 22

Exemption certificates

Secretary of the state for defence , may exempt the armed forces or visiting forces

Question 23

Reg 21 of the MHSWR

Answer 23

Provision as to liability

The employer has no defence in any criminal proceedings for a contravention caused by the act or omission of any employee or any person appointed to provide competent health and safety assistance.
Recent case law (R v HTM [2006] has indicated that this does not apply to HASAWA S.2 and S.3 offences).

Question 24

Reg 22 of the MHSWR

Answer 24

Restrictions of civil liability for breach of statutory duty

Until 2003 a breach of MHSWR did not confer any right to take a civil action.

Amendments in 2003 provided that an employee injured as a result of a breach of these regulations could pursue a civil action under the tort of breach of statutory duty.
Non-employees however were still excluded from the right to take a civil action.

Amendments in 2003 provided that an employee injured as a result of a breach of these regulations could pursue a civil action under the tort of breach of statutory duty.
The Enterprise and Regulatory Reform Act 2013 recently amended Section 47 of the Health and Safety at Work Act to exclude the right to bring a civil claim under tort of breach of statutory duty for injuries incurred as a consequence of a breach of health and safety regulations, unless an exception had been created.

The Health and Safety at Work etc. Act 1974 (Civil Liability) (Exceptions) Regulations 2013 amended regulation 22 so that it now reads:

(1) Breach of a duty imposed by regulation 16, 16A, 17 or 17A shall, so far as it causes damage, be actionable by the new or expectant mother.
(2) Any term of an agreement which purports to exclude or restrict any liability for such a breach is void.