MHSRW REGULATIONS 1999 Flashcards
THINK ABOUT HOW YOU REMEMBER THE MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999
IT HAS AN
ACOP & GUIDANCE
3) ROBERT - RISK ASSESSMENTS
4) PATTERSON AND - PRINCIPLES OF PREVENTION
5) AMANDA - ARRANGEMENTS
6) HOLDEN - HEALTH SURVEILLANCE
CEEP TO A -
7) C - COMPETENT,
8) E - EMERGENCY PROCEDURES,
9) E - EXTERNAL SERVICE,
10) P - PROVIDE INFORMATION
11) CHEAP - CO-OPERATION AND CO-ORDINATION
12) HOTEL - **HOSTING CONTRACTORS **
13) IN - INDIVIDUALS CAPABILITIES
14) ENGLAND - EMPLOYEES DUTIES
15) THEN - TEMPORARY WORKERS
15) NEW - NEW MOTHERS (RISK, CERTIFICATE, NOTIFICATION)
19) YORK -YOUNG PERSONS
EPEE
20) E-EXEMPTION CERTIFICATES
21) P- PROVISIONS AS TO LIABILITY
22) E-EXCLUSION OF CIVIL LIABILITY
23) E- EXTENSION OUTSIDE GREAT BRITAIN
REGULATION 3
Risk assessment
- (1) Every employer shall make a suitable and sufficient assessment of—
(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.
(2) Every self-employed person shall make a suitable and sufficient assessment of—
(a) the risks to his own health and safety to which he is exposed whilst he is at work; and
(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
(3) Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer or self-employed person who made it if—
(a) there is reason to suspect that it is no longer valid; or
(b) there has been a significant change in the matters to which it relates; and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them.
(4) An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).
(5) In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of—
(a) the inexperience, lack of awareness of risks and immaturity of young persons;
(b) the fitting-out and layout of the workplace and the workstation;
(c) the nature, degree and duration of exposure to physical, biological and chemical agents;
(d) the form, range, and use of work equipment and the way in which it is handled;
(e) the organisation of processes and activities;
(f) the extent of the health and safety training provided or to be provided to young persons; and
(g) risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC(8) on the protection of young people at work.
(6) Where the employer employs five or more employees, he shall record—
(a) the significant findings of the assessment; and
(b) any group of his employees identified by it as being especially at risk.
Principles of prevention to be applied
- Where an employer implements any preventive and protective measures he shall do so on the basis of the principles specified in Schedule 1 to these Regulations.
Health and safety arrangements - HSG65
- (1) Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.
(2) Where the employer employs five or more employees, he shall record the arrangements referred to in paragraph (1).
REGULATION 4
Principles of prevention to be applied
- Where an employer implements any preventive and protective measures he shall do so on the basis of the principles specified in Schedule 1 to these Regulations.
GENERAL PRINCIPLES OF PREVENTION - along the lines of ERIC PDW
(This Schedule specifies the general principles of prevention set out in Article 6(2) ofCouncil Directive 89/391/EEC)(24)
(a) avoiding risks;
(b) evaluating the risks which cannot be avoided;
(c) combating the risks at source;
(d) adapting the work to the individual, especially as regards the design of workplaces, the choice of work equipment and the choice of working and production methods, with a view, in particular, to alleviating monotonous work and work at a predetermined work-rate and to reducing their effect on health;
(e) adapting to technical progress;
(f) replacing the dangerous by the non-dangerous or the less dangerous;
(g) developing a coherent overall prevention policy which covers technology, organisation of work, working conditions, social relationships and the influence of factors relating to the working environment;
(h) giving collective protective measures priority over individual protective measures; and
(i) giving appropriate instructions to employees.
REGULATION 5
Health and safety arrangements - THINK HSG65
- (1) Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures. POPIMAR
(2) Where the employer employs five or more employees, he shall record the arrangements referred to in paragraph (1).
REGULATION 6
Health surveillance
- Every employer shall ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by the assessment.
REGULATION 7
COMPETANT - Health and safety assistance
- (1) Every employer shall, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.
(2) Where an employer appoints persons in accordance with paragraph (1), he shall make arrangements for ensuring adequate co-operation between them.
(3) The employer shall ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking.
(4) The employer shall ensure that—
(a) any person appointed by him in accordance with paragraph (1) who is not in his employment—
(i) is informed of the factors known by him to affect, or suspected by him of affecting, the health and safety of any other person who may be affected by the conduct of his undertaking, and
(ii) has access to the information referred to in regulation 10 (INFORMATION FOR EMPLOYEES) ; and
(b) any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is—
(i) employed by him under a fixed-term contract of employment, or
(ii) employed in an employment business,
as is necessary to enable that person properly to carry out the function specified in that paragraph.
(5) A person shall be regarded as competent for the purposes of paragraphs (1) and (8) where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the measures referred to in paragraph (1).
(6) Paragraph (1) shall not apply to a self-employed employer who is not in partnership with any other person where he has sufficient training and experience or knowledge and other qualities properly to undertake the measures referred to in that paragraph himself.
(7) Paragraph (1) shall not apply to individuals who are employers and who are together carrying on business in partnership where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities—
(a) properly to undertake the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions; and
(b) properly to assist his fellow partners in undertaking the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.
(8) Where there is a competent person in the employer’s employment, that person shall be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment.
REGULATION 8
EMERGENCY PROCEDURES Procedures for serious and imminent danger and for danger areas
- (1) Every employer shall—
(a) establish and where necessary give effect to appropriate procedures to be followed in the event of serious and imminent danger to persons at work in his undertaking;
(b) nominate a sufficient number of competent persons to implement those procedures in so far as they relate to the evacuation from premises of persons at work in his undertaking; and
(c) ensure that none of his employees has access to any area occupied by him to which it is necessary to restrict access on grounds of health and safety unless the employee concerned has received adequate health and safety instruction.
(2) Without prejudice to the generality of paragraph (1)(a), the procedures referred to in that sub-paragraph shall—
(a) so far as is practicable, require any persons at work who are exposed to serious and imminent danger to be informed of the nature of the hazard and of the steps taken or to be taken to protect them from it;
(b) enable the persons concerned (if necessary by taking appropriate steps in the absence of guidance or instruction and in the light of their knowledge and the technical means at their disposal) to stop work and immediately proceed to a place of safety in the event of their being exposed to serious, imminent and unavoidable danger; and
(c) save in exceptional cases for reasons duly substantiated (which cases and reasons shall be specified in those procedures), require the persons concerned to be prevented from resuming work in any situation where there is still a serious and imminent danger.
(3) A person shall be regarded as competent for the purposes of paragraph (1)(b) where he has sufficient training and experience or knowledge and other qualities to enable him properly to implement the evacuation procedures referred to in that sub-paragraph.
REGULATION 9
EXTERNAL SERVICES Contacts with external services
- Every employer shall ensure that any necessary contacts with external services are arranged, particularly as regards first-aid, emergency medical care and rescue work.
REGULATION 10
PROVIDE Information for employees
- (1) Every employer shall provide his employees with comprehensible and relevant information on—
(a) the risks to their health and safety identified by the assessment;
(b) the preventive and protective measures;
(c) the procedures referred to in regulation 8(1)(a) and the measures referred to in regulation 4(2)(a) of the Fire Precautions (Workplace) Regulations 1997;
(d) the identity of those persons nominated by him in accordance with regulation 8(1)(b) and regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997; and
(e) the risks notified to him in accordance with regulation 11(1)(c).
(2) Every employer shall, before employing a child, provide a parent of the child with comprehensible and relevant information on—
(a) the risks to his health and safety identified by the assessment;
(b) the preventive and protective measures; and
(c) the risks notified to him in accordance with regulation 11(1)(c).
(3) The reference in paragraph (2) to a parent of the child includes—
(a) in England and Wales, a person who has parental responsibility, within the meaning of section 3 of the Children Act 1989(9), for him; and
(b) in Scotland, a person who has parental rights, within the meaning of section 8 of the Law Reform (Parent and Child) (Scotland) Act 1986(10) for him.
REGULATION 11
Co-operation and co-ordination
- (1) Where two or more employers share a workplace (whether on a temporary or a permanent basis) each such employer shall—
(a) co-operate with the other employers concerned so far as is necessary to enable them to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997;
(b) (taking into account the nature of his activities) take all reasonable steps to co-ordinate the measures he takes to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997 with the measures the other employers concerned are taking to comply with the requirements and prohibitions imposed upon them by that legislation; and
(c) take all reasonable steps to inform the other employers concerned of the risks to their employees’ health and safety arising out of or in connection with the conduct by him of his undertaking.
(2) Paragraph (1) (except in so far as it refers to Part II of the Fire Precautions (Workplace) Regulations 1997) shall apply to employers sharing a workplace with self-employed persons and to self-employed persons sharing a workplace with other self-employed persons as it applies to employers sharing a workplace with other employers; and the references in that paragraph to employers and the reference in the said paragraph to their employees shall be construed accordingly.
REGULATION 12
HOSTING CONTRACTORS Persons working in host employers’ or self-employed persons’ undertakings
- (1) Every employer and every self-employed person shall ensure that the employer of any employees from an outside undertaking who are working in his undertaking is provided with comprehensible information on—
(a) the risks to those employees’ health and safety arising out of or in connection with the conduct by that first-mentioned employer or by that self-employed person of his undertaking; and
(b) the measures taken by that first-mentioned employer or by that self-employed person in compliance with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997 in so far as the said requirements and prohibitions relate to those employees.
(2) Paragraph (1) (except in so far as it refers to Part II of the Fire Precautions (Workplace) Regulations 1997) shall apply to a self-employed person who is working in the undertaking of an employer or a self-employed person as it applies to employees from an outside undertaking who are working therein; and the reference in that paragraph to the employer of any employees from an outside undertaking who are working in the undertaking of an employer or a self-employed person and the references in the said paragraph to employees from an outside undertaking who are working in the undertaking of an employer or a self-employed person shall be construed accordingly.
(3) Every employer shall ensure that any person working in his undertaking who is not his employee and every self-employed person (not being an employer) shall ensure that any person working in his undertaking is provided with appropriate instructions and comprehensible information regarding any risks to that person’s health and safety which arise out of the conduct by that employer or self-employed person of his undertaking.
(4) Every employer shall—
(a) ensure that the employer of any employees from an outside undertaking who are working in his undertaking is provided with sufficient information to enable that second-mentioned employer to identify any person nominated by that first mentioned employer in accordance with regulation 8(1)(b) to implement evacuation procedures as far as those employees are concerned; and
(b) take all reasonable steps to ensure that any employees from an outside undertaking who are working in his undertaking receive sufficient information to enable them to identify any person nominated by him in accordance with regulation 8(1)(b) to implement evacuation procedures as far as they are concerned.
(5) Paragraph (4) shall apply to a self-employed person who is working in an employer’s undertaking as it applies to employees from an outside undertaking who are working therein; and the reference in that paragraph to the employer of any employees from an outside undertaking who are working in an employer’s undertaking and the references in the said paragraph to employees from an outside undertaking who are working in an employer’s undertaking shall be construed accordingly.
REGULATION 13
INDIVIDUAL Capabilities and training
- (1) Every employer shall, in entrusting tasks to his employees, take into account their capabilities as regards health and safety.
(2) Every employer shall ensure that his employees are provided with adequate health and safety training—
(a) on their being recruited into the employer’s undertaking; and
(b) on their being exposed to new or increased risks because of—
(i) their being transferred or given a change of responsibilities within the employer’s undertaking,
(ii) the introduction of new work equipment into or a change respecting work equipment already in use within the employer’s undertaking,
(iii) the introduction of new technology into the employer’s undertaking, or
(iv) the introduction of a new system of work into or a change respecting a system of work already in use within the employer’s undertaking.
(3) The training referred to in paragraph (2) shall—
(a) be repeated periodically where appropriate;
(b) be adapted to take account of any new or changed risks to the health and safety of the employees concerned; and
(c) take place during working hours.
REGUALTION 14
Employees’ duties
- (1) Every employee shall use any machinery, equipment, dangerous substance, transport equipment, means of production or safety device provided to him by his employer in accordance both with any training in the use of the equipment concerned which has been received by him and the instructions respecting that use which have been provided to him by the said employer in compliance with the requirements and prohibitions imposed upon that employer by or under the relevant statutory provisions.
(2) Every employee shall inform his employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees—
(a) of any work situation which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a serious and immediate danger to health and safety; and
(b) of any matter which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a shortcoming in the employer’s protection arrangements for health and safety,
in so far as that situation or matter either affects the health and safety of that first mentioned employee or arises out of or in connection with his own activities at work, and has not previously been reported to his employer or to any other employee of that employer in accordance with this paragraph.
BASICALLY CO-OPERATE WITH THEIR EMPLOYER TO ENABLE THE EMPLOYER TO COMPLY WITH STATUTORY DUTIES AND SO EMPLOYERS CAN TAKE REMEDIAL ACTION IF NEEDED.
SECTION 7 HSW ACT - employees have a duty to take resonable care for their own health and safety and that of others who may be affected by their actions or omissions at work. Therefore, employees must use all work items provided by their employer correctly, in accordance with their training and the instructions they recieved to use them safely.
REGULATION 15
Temporary workers
- (1) Every employer shall provide any person whom he has employed under a fixed-term contract of employment with comprehensible information on—
(a) any special occupational qualifications or skills required to be held by that employee if he is to carry out his work safely; and
(b) any health surveillance required to be provided to that employee by or under any of the relevant statutory provisions,
and shall provide the said information before the employee concerned commences his duties.
(2) Every employer and every self-employed person shall provide any person employed in an employment business who is to carry out work in his undertaking with comprehensible information on—
(a) any special occupational qualifications or skills required to be held by that employee if he is to carry out his work safely; and
(b) health surveillance required to be provided to that employee by or under any of the relevant statutory provisions.
(3) Every employer and every self-employed person shall ensure that every person carrying on an employment business whose employees are to carry out work in his undertaking is provided with comprehensible information on—
(a) any special occupational qualifications or skills required to be held by those employees if they are to carry out their work safely; and
(b) the specific features of the jobs to be filled by those employees (in so far as those features are likely to affect their health and safety);
and the person carrying on the employment business concerned shall ensure that the information so provided is given to the said employees.
REGULATION 16
NEW MUMS Risk assessment in respect of new or expectant mothers
- (1) Where—
(a) the persons working in an undertaking include women of child-bearing age; and
(b) the work is of a kind which could involve risk, by reason of her condition, to the health and safety of a new or expectant mother, or to that of her baby, from any processes or working conditions, or physical, biological or chemical agents, including those specified in Annexes I and II of Council Directive 92/85/EEC(11) on the introduction of measures to encourage improvements in the safety and health at work of pregnant workers and workers who have recently given birth or are breastfeeding,
the assessment required by regulation 3(1) shall also include an assessment of such risk.
(2) Where, in the case of an individual employee, the taking of any other action the employer is required to take under the relevant statutory provisions would not avoid the risk referred to in paragraph (1) the employer shall, if it is reasonable to do so, and would avoid such risks, alter her working conditions or hours of work.
(3) If it is not reasonable to alter the working conditions or hours of work, or if it would not avoid such risk, the employer shall, subject to section 67 of the 1996 Act suspend the employee from work for so long as is necessary to avoid such risk.
(4) In paragraphs (1) to (3) references to risk, in relation to risk from any infectious or contagious disease, are references to a level of risk at work which is in addition to the level to which a new or expectant mother may be expected to be exposed outside the workplace.
