Management Of Health And Safety At Work Regulations 1999,06 Flashcards
Management of Health and Safety at Work Regulations 1999
Are mainly concerned with Employers
These regulations layout a requirement for employers to provide a:
MANAGEMENT STRUCTURE
that is capable of planning and implementing systems and procedures that will ensure a safe place of work
The Management of Health and Safety at Work Regulations 1999
These Regulations may be considered the most important, because they contain the requirement that all work activities must be subject to pro-active risk assessment.
A summary of the requirements of these Regulations is:
- Requirement to carry out work activity risk assessments and record the findings and safeguards where the risk identified is significant.
- To have in place effective management control systems.
- Where necessary to carry out appropriate health surveillance.
- To ensure that managers have appropriate competent people to assist them on matters related to health and safety.
- Contingency planning in place to deal with serious and/or imminent danger.
- Requirement to give employees comprehensive and relevant information regarding health and safety issues.
- Requirement for inter-employer co-operation where necessary. (e.g. between contractors and clients or other contractors etc.,)
- Adequate employee selection criteria which includes a capability assessment.
- To ensure that all training incorporates health and safety considerations.
- To give special consideration to assess risks to new or expectant mothers and their children.
- To give special consideration to assess risks to young persons.
- Requirement for employees to co-operate with employers in managing health and safety issues.
- This includes working in accordance with information, instruction and training.
MANAGEMENT OF HEALTH AND SAFETY AT WORK REGS 1999
Condensed
Regulation 3 Risk assessment (significant risks to be recorded)
Regulation 4 Implementation of protective or preventive measures:
1. Avoid risk
2. Evaluate risk
3. Combat risk at source
4. Adapt the work of an individual
5. Adapt to technical advances
6. Replace dangerous with non/less dangerous
7. Develop policy which influences the factors relating to working environment
8. Give collective measures priority
9. Give appropriate instructions to employees
Regulation 5 Make proper arrangements for all aspects of Health and Safety
Regulation 6 Health surveillance (where appropriate)
Regulation 7 Appointment of competent persons
Regulation 8 Procedures to be developed for particular dangers which may arise (ie: fire)
Regulation 9 Information for employees
Regulation 10 Information to be provided to employees for:
Identified risks
Preventive/protective measures
Procedures and name of nominated responsible person as required under Fire Precautions (Workplace) Regs 1997
Regulation 11 Where more than one employer, they must co-operate over Health and Safety matters
Regulation 12 Working on other peoples premises – must provide them with info and details of risks etc.
Regulation 13 Employers to take into account employees capabilities
Regulation 14 Employees responsibilities to use tools and equipment etc safely
Regulation 16-18 New and expectant mothers
Regulation 19 Young persons
(MHSWR), Regulation 3
- ‘Suitable and Sufficient’ risk assessment
- Record the significant finding and prioritise
- If five or more employees record in writing
- Reviewed in light of any significant changes
Note: (SHALL), in the regulation makes it an
absolute duty
(MHSWR), Regulation 4
Describe the:
General Principles of Prevention
- Avoiding the risks (if possible)
- Evaluating risks that cannot be avoided
- Combat the risk at source
- Adapting the work to suit the individual
- Adapting to technical progress
- Replace the dangerous with the less dangerous
- Give priority to collective protective measures
- Give appropriate instructions to employees
(MHSWR), Regulation 5
The employer must make ARRANGEMENTS for the effective:
- Planning
- Organisation
- Control
- Monitoring and
- Review
of the preventive and protective Measures
remember (S.M.A.R.T)
What is in (MHSWR), Regulation 6
Health surveillance
- The employer must ensure that employees are provided with appropriate health surveillance where there is an identifiable disease or poor health condition (chemicals, noise, vibration etc)
- Consult ACoP when this duty arises
(MHSWR), Regulation 8 and 9 describe
Procedures for contacting external services
- Procedures for serious and imminent danger in the event of (Fires, explosions, fatality)
- Ensure arrangements for any necessary contacts with external emergency services.
(MHSWR), Regulation 10 describes what
Information for employees:
- The employer must provide his employees with comprehensive and relevant information on:
- The risks to their health and safety
- The preventive control measures
- Emergency procedures
(MHSWR), Regulations 11, ensures what
Where two or more employers share a workplace, each employer must:
- Co-operate and co-ordinate with other employers to ensure health and safety
- Inform the other employers of the risk to their employees’ health and safety arising from his undertaking
(MHSWR), Regulation 13, is concerned with
The Capabilities and Training:
- The employer must take into account the capabilities of the employees when allocating tasks
- The employer must provided adequate health and safety training when employees are:
- First recruited
- Exposed to new or increased risks
- Introduction to new procedures or systems
Training should be repeated periodically where appropriate and should take place during working hours (or while being paid)
(MHSWR), Regulation 14, places duties on
Employees must:
- Use equipment and materials in accordance with any instructions and training.
- Inform the employer of any serious and immediate danger and any short-comings in the employer’s arrangements for health and safety
(MHSWR), Regulations 16-18, concerns
New or expectant mothers:
- A specific risk assessment must consider the additional risks new and expectant mothers face
- Where risks cannot be avoided, the employer must alter working conditions
- Where this would not avoid the risk, the employer must offer suitable alternative work or suspend the worker on full pay
- The employer does not have to take any of the above preventative actions until notified in writing regarding the employees status
(MHSWR), Regulation 19, employers duties to
Young persons:
- The employers must ensure that young persons at work are protected from any risks to their health and safety
The specific characteristics that put young persons more at risk are:
- Their lack of experience
- Their poor perception of risk
- Their physical and mental immaturity
- Peer pressure
(MHSWR), Regulation 22
Restriction of civil liability for breach of statutory duty:
- This addresses the potential unfairness that arises where an employer can be found liable to pay compensation to an employee despite having taken reasonable steps to protect them
