D Part 3 Health Safety Revision By J Mc Cann

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D Part 3 Health Safety Revision By J Mc Cann

  1. 1. HEALTH AND SAFETY Jim McCann
  2. 2. Setting the framework & Who makes the rules 2
  3. 3. Action on health and safety 3
  4. 4. Options The Health and Safety Commission and its  operating arm, the Executive (HSC/E), have spent the last twenty years modernizing the structure of health and safety law. Their aims are to protect the health, safety and welfare of employees, and to safeguard others, principally the public, who may be exposed to risks from industrial activity. 4
  5. 5. HSC/E consult fully with people affected  by their legislative proposals, and adopt various approaches based on assessing and controlling risk. 5
  6. 6. Among the things that can prompt action from  HSC/E are: Changes in technologies, industries or risks;  Evidence of accidents and ill health, plus public  concern; 6
  7. 7. European Directives. Where HSC/E consider action is necessary  to supplement existing arrangements, their three main options are: 7
  8. 8. Guidance;  Approved Codes of Practice; and  Regulations.  8
  9. 9. The Law The basis of British health and safety law is the  Health and Safety at Work etc Act 1974. 9
  10. 10. These duties are qualified in the Act by the  principle of 'so far as is reasonably practicable'. In other words, the degree of risk in a particular job or workplace needs to be balanced against the time, trouble, cost and physical difficulty of taking measures to avoid or reduce the risk. 10
  11. 11. GENERAL DUTIES OF THE EMPLOYER 2. (1) It shall be the duty of every  employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees. (2) Without prejudice to the generality of  an employer's duty under the preceding subsection, the matters to which that duty extends include in particular 11
  12. 12. (A) the provision and maintenance  of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health; 12
  13. 13. (B) arrangements for ensuring, so  far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances; 13
  14. 14. (C) the provision of such information,  instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees; 14
  15. 15. (D) so far as is reasonably practicable  as regards any place of work under the employer's control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks; 15
  16. 16. (E) the provision and maintenance of  a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work 16
  17. 17. What the law requires here is  what good management and common sense would lead employers to do anyway: that is, to look at what the risks are and take sensible measures to tackle them. 17
  18. 18. The Management of Health and Safety  at Work Regulations 1992 (the Management Regulations) generally make more explicit what employers are required to do to manage health and safety under the Health and Safety at Work Act. Like the Act, they apply to every work activity. 18
  19. 19. RISK ASSESSMENT 19
  20. 20. The main requirement on employers is  to carry out a risk assessment. Employers with five or more employees need to record the significant findings of the risk assessment. 20
  21. 21. Risk assessment should be  straightforward in a simple workplace such as a typical office. It should only be complicated if it deals with serious hazards such as those on a nuclear power station, a chemical plant, laboratory or an oil rig. 21
  22. 22. Besides carrying out a risk assessment,  employers also need to: make arrangements for implementing  the health and safety measures identified as necessary by the risk assessment; 22
  23. 23. appoint competent people (often themselves  or company colleagues) to help them to implement the arrangements; set up emergency procedures;  23
  24. 24. provide clear information and training to  employees; work together with other employers  sharing the same workplace. 24
  25. 25. The Health and Safety at Work Act, and  general duties in the Management Regulations, are goal-setting and leave employers freedom to decide how to control risks which they identify. 25
  26. 26. Guidance and Approved Codes of Practice  give advice, but employers are free to take other measures provided they do what is reasonably practicable. 26
  27. 27. But some risks are so great, or the proper  control measures so costly, that it would not be appropriate to leave employers discretion in deciding what to do about them. 27
  28. 28. Regulations identify these risks and set  out specific action that must be taken. Often these requirements are absolute - to do something without qualification by whether it is reasonably practicable 28
  29. 29. General duties of employees at work. HASAW etc Act 1974 7. It shall be the duty of every  employee while at work 29
  30. 30. (A) to take reasonable care for the  health and safety of himself and of other persons who may be affected by his acts or omissions at work; and 30
  31. 31. (B) as regards any duty or  requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with 31
  32. 32. Duty not to interfere with or misuse things provided pursuant to certain provisions. HASAW etc Act 1974 32
  33. 33. 8. No person shall intentionally or  recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions. 33
  34. 34. European Law  In recent years much of Britain's  health and safety law has originated in Europe. Proposals from the European Commission may be agreed by Member States, who are then responsible for making them part of their domestic law. 34
  35. 35. GUIDANCE HSE publishes guidance on a range  of subjects. Guidance can be specific to the  health and safety problems of an industry or of a particular process used in a number of industries. 35
  36. 36. The main purposes of guidance are:  to interpret - helping people to understand  what the law says - including for example how requirements based on EC Directives fit with those under the Health and Safety at Work Act; 36
  37. 37. To help people comply with the law;  To give technical advice.  Following guidance is not compulsory and  employers are free to take other action. But if they do follow guidance they will normally be doing enough to comply with the law. 37
  38. 38. Approved Codes of Practice ACOPS Approved Codes of Practice offer practical  examples of good practice. The give advice on how to comply with  the law by, 38
  39. 39. For example, providing a guide to what is  'reasonably practicable'. For example, if regulations use words like  'suitable and sufficient', an Approved Code of Practice can illustrate what this requires in particular circumstances. 39
  40. 40. Approved Codes of Practice have a special legal  status. If employers are prosecuted for a breach of health and safety law, and it is proved that they have not followed the relevant provisions of the Approved Code of Practice, a court can find them at fault unless they can show that they have complied with the law in some other way. 40
  41. 41. HSC plans to consult on the role of  Approved Codes of Practice in the health and safety system and the usefulness of the fifty or so which are current. 41
  42. 42. Regulations Regulations are law, approved by  Parliament. These are usually made under the  Health and Safety at Work Act, following proposals from HSC. This applies to regulations based on EC  Directives as well as 'home-grown' ones. 42
  43. 43. PART 2 43
  44. 44. WORKING TIME REGULATIONS 1998  STATUTORY INSTRUMENT 1833. 44
  45. 45. The Working Time Regulations 1998 The stated objective of the Working Time  Regulations is to lay down minimum health and safety requirements for the organisation of working time. It deals with: 45
  46. 46. Maximum weekly working time.  Minimum periods of annual leave.  Minimum periods of weekly and daily rest  and minimum breaks whilst working. Regulation of night work, health  assessments and patterns of work. 46
  47. 47. The Regulations come into force on Thursday, 1  October 1998 and will apply to “workers”, that is, individuals working under either a contract of employment or any other contract where an individual undertakes to do or perform personally any work or services (but excluding certain self-employed professionals). There are also specific provisions relating to “young workers”, (workers over minimum school leaving age, but under 18). 47
  48. 48. 1. Maximum Weekly Working Time  A limit of 48 hours is imposed on average weekly  working time which an individual worker may voluntarily agree to dis-apply. Such agreement must be in writing and may either be for a specified period or apply indefinitely. The worker will always have the right to bring the agreement to an end. This can be done either by giving the notice specified in the agreement, which may not exceed three months or, if there are no such notice terms, by giving at least seven days notice. In addition, for the individual‟s agreement to be effective, the employer must: 48
  49. 49. Maintain up to date records which identify each  of its workers who has agreed to dis-apply the 48 hour limit. Set out the terms on which the worker agreed  that the limit should not apply. Specify the number of hours worked by the  worker during each reference period since the agreement came into effect (subject to a limit of two years). 49
  50. 50. Permit inspection of such records on  request by any person appointed by an “enforcing authority” (the Health and Safety Executive and local authorities) and provide such a person with such information as he or she may request regarding any worker who has agreed to opt out of the 48 hour limit. 50
  51. 51. 2. Minimum Periods Of Annual Leave  The Regulations provide for a minimum of  three weeks paid annual leave - rising to four weeks in November 1999, subject to a three month (13 weeks) qualifying period. Although not made expressly clear in the Regulations, it would appear that part-time workers will have an appropriate pro-rata leave entitlement. A worker‟s “leave year” for the purposes of this Regulation begins on such date as may be provided in a “relevant agreement”. 51
  52. 52. A “relevant agreement” covers any agreement in writing  which is enforceable between the employer and the worker, (this will include the situation where the leave year is specified in a worker‟s contract of employment), a collective agreement or a “workforce agreement” made between an employer and the workers or their representatives, which must satisfy specific conditions set out in the Regulations. In the absence of such provision, the Regulations allow  for default arrangements to apply. 52
  53. 53. In addition:  Leave may be taken in instalments but may only  be taken in the leave year in respect of which it is due. However, there is nothing to prevent employers and workers agreeing enhanced contractual paid leave to take account of any leave entitlement due but not taken for a particular year. 53
  54. 54. This Regulation states that a worker‟s leave entitlement may not be  replaced by payment in lieu, except where his or her employment is terminated. A formula is set out in this Regulation for determining leave  entitlement where the worker‟s employment is terminated during the course of the leave year which is appropriate in the absence of a relevant agreement. Conversely, this Regulation provides for the situation where a worker‟s employment ends and the proportion of leave he or she has taken exceeds the proportion of the leave year which has expired. 54
  55. 55. A relevant agreement may provide for the  worker to compensate the employer for excess holiday taken, whether by a payment or by undertaking additional work or otherwise. There are further detailed provisions in  relation to notice requirements for leave, which may be varied or excluded by a relevant agreement. 55
  56. 56. Subject to such exclusion or variation an  employer can require a worker to take all or part of the leave to which he or she is entitled under this Regulation on particular dates by giving written notice. Similarly a worker may take leave on such days as he or she may elect by giving notice in accordance with this Regulation. 56
  57. 57. Workers are entitled to be paid in respect of  any period taken as annual leave under this Regulation at the rate of a “week‟s pay” in respect of each week of leave. Any contractual remuneration paid to a worker in respect of a period of leave will go towards discharging the liability of the employer to make payment under this Regulation in respect of the same period and vice versa. The maximum £220 on a week‟s pay under the provisions of the Employment Rights Act 1996 will not apply for these purposes. 57
  58. 58. 3. Minimum Periods Of Weekly &  Daily Rest & Minimum Breaks Whilst Working The Working Time Regulations gives  workers entitlement to: 58
  59. 59. A daily rest period of 11 consecutive hours  and a weekly rest period of 24 hours, together with a daily 20 minute rest period where the working day is longer than six hours. There are enhanced rest entitlements for young workers. The daily rest period may straddle two calendar days. 59
  60. 60. Weekly rest  The weekly rest period is additional to the  11 hours daily rest entitlement except where objective, technical or work organisation conditions justify incorporating all or part of the daily entitlement into the weekly rest period. If the employer so determines, the weekly reference period can be averaged over a period of 14 days. There are two options from which the employer can choose: 60
  61. 61. Two uninterrupted rest periods, each of  not less than 24 hours in each 14 day period. or One uninterrupted rest period of not less  than 48 hours in each 14 day period. 61
  62. 62. For the purposes of this entitlement the  seven day period, or 14 day period, as the case may be, starts immediately after midnight on Sunday, unless a relevant agreement has been made which provides otherwise. This Regulation does not require that Sunday be included as part of the minimum weekly rest period. 62
  63. 63. Daily rest  Adult workers are entitled to a daily rest  break when they daily working time is more than six hours. 63
  64. 64. Rest breaks  Workers are entitled to spend a break away from their  workstation (if they have one). The details of the rest break including duration and terms on which it is granted, may be set by a collective or workforce agreement. In the absence of such an agreement the break must be an uninterrupted period of not less than 20 minutes and the break cannot be taken at the start or end of a period of working time. It follows that a break cannot overlap with the separate and additional entitlements to a daily rest period. There are more generous provisions for young workers. 4. Regulation Of Night Work, Health Assessments &  Patterns Of Work 64
  65. 65. Patterns of work  Where the pattern according to which an employer  organises work is such as to put the health and safety at work of those employed by him at risk, in particular because the work is monotonous or the work rate is predetermined, the employer is advised to ensure that the worker is given adequate rest breaks. The government‟s consultation paper suggests that this Regulation may require employers to consider awarding certain workers more frequent shorter breaks as opposed to one longer continuous break, subject of course, to any rest break entitlement they have under this Regulation noted above. 65
  66. 66. Night workers  A limit is specified in the Regulations of an average of  eight hours work in each 24 hour period for night workers and an actual limit of eight hours in each 24 hour period for night workers whose work involves “special hazards” or “heavy physical or mental strain”. Both the terms “night time” and “night worker” are defined in the Regulations and can be further defined by reference to a relevant agreement. As with the 48 hour weekly working time limit, there is a standard 17 week reference period for calculating a night worker‟s average normal hours of work, which may start from a date set in a relevant agreement. In the absence of such an agreement the default date for the start of the 17 week period will be the date when the Regulations come into force, or the date on which the worker starts work for the employer, which ever is the latter. The Regulations set out a formula for calculating average normal hours of work for each 24 hour period. 66
  67. 67. Health assessments and transfer of  night workers to day work The Regulations provide that an employer  must not assign a worker to become a night worker unless: He has provided the worker with an  opportunity to have a free health assessment before he or she takes up the assignment. (There are separate provisions for young workers). 67
  68. 68. The worker has had an assessment before being  assigned to night work on an earlier occasion and the employer has no reason to believe that it is no longer valid. The employer will have a continuing duty to ensure that night workers have an opportunity for assessments “at regular intervals”. The health assessments must be free to the worker to whom it relates and such assessments must comply with medical confidentiality, (they may not be disclosed to any person other than the worker concerned unless he or she gives written consent). However, this does not prevent the disclosure of a simple statement that the worker is fit to perform night work. 68
  69. 69. Shift workers  The Regulations relating to daily and  weekly rest do not apply to shift workers in relation to a worker when he or she changes shift and cannot take the rest period in question or to an adult worker engaged in activities involving periods of work split up over the day, however, there is provision in the Regulations for “compensatory rest” to be provided for such workers (see below). 69
  70. 70. Other Aspects Of The Regulations Excluded sectors Certain activities or sectors of activity are excluded from the  Regulations including transport, sea fishing, other work at sea and doctors in training. The Regulations also allow for certain of its provisions not to apply to further categories of worker including, shift workers and where the worker is engaged in security and surveillance requiring a permanent presence in order to protect property and persons, or where the worker‟s activity involves the need for continuity of service or production, e.g. television, airport workers, research and development activities and other industries in which work cannot be interrupted on technical grounds. However, the exclusions relating to rest periods are subject to Regulation 24 which attempts to ensure that such workers receive proper compensatory periods of rest. 70
  71. 71. Unfair dismissal, health & safety enforcement, civil  liability The Regulations insert a new section to the Employment  Rights Act, adding to the existing categories of “automatically unfair” dismissals and amend the provisions on unfair dismissal for asserting a statutory right under the Act. However, these protections will only apply to employees as defined by the Act, rather than the broader category of workers in the Regulations. The upshot is that dismissal of an employee will be treated as unfair irrespective of his or her age or length of service, if the reason or principal reason is one of the grounds set out under “detrimental treatment”, i.e. inter alia, refusing to comply with a requirement which the employer imposed in contravention of its obligations under the Regulations or refusing to forego a right conferred by the Regulations. 71
  72. 72. A number of the provisions under the Regulations,  such as the limits on working time and the provisions relating to night work, will be enforced in the same way as existing health and safety legislation by HSE Inspectors and local authority environmental health officers. The Regulations make it an offence for an employer not to comply with any of the relevant requirements defined as, inter alia, the limits on average weekly working time, the limits on night working, requirements as to health assessments, the requirement to keep adequate records, and the duty with regard to pattern of work. In effect the employer could be open to fines and possible imprisonment, if he ignores the Regulations. 72
  73. 73. The Regulations do not exclude an employer‟s  civil liability in respect of the application of the various working time limits. Accordingly, it will be possible for a worker to sue for damages because of being required to work beyond any such limit, or for example because of an employer‟s denial of a night worker‟s entitlement to health assessment. 73
  74. 74. Enforcement  Under the Regulations rest periods and paid  annual leave are enforced by individual complaint to Industrial Tribunal, whereas the mandatory limits on working time, such as the weekly working time and night work limits will be enforced by health and safety authorities (the Health and Safety Executive and local authorities). However, the Regulations create rights to bring a complaint of detrimental treatment or unfair dismissal on the grounds of, inter alia, refusing to work in breach of the applicable working time limit. 74
  75. 75. Records  The Regulations introduce an obligation on  employers to keep records that are adequate to show whether the limits on weekly working and night work, and the rules on health assessments for night workers are being complied with in the case of each worker to whom they apply. Such records must be retained for two years from the date on which they were made. Records must also be kept in respect of the opt-out agreements for the 48 hour weekly working time. 75
  76. 76. Employers must check: How workers’ working time is arranged and whether they are able to take the rest breaks they are entitled to. If workers are unable to take their breaks and whether any exceptions or flexibilities apply. There should be a suitable seating area for workers to use during breaks• it needs to be clean and located where food will not get contaminated. There should be washing facilities nearby, and a means of heating food or water for hot drinks. You must maintain good hygiene standards. (HSE Guidance Note INDG293,dated 5/99.) 76
  77. 77. REST BREAKS ? SECTION 8. WTRs. Where the  pattern according to which an employer organizes work is such as to put the health and safety of a worker employed by him at risk, in particular because the work is monotonous or the work-rate is predetermined, the employer shall ensure that the worker is given adequate rest breaks. 77
  78. 78. SECTION 12. WTRs - (1) Where an adult worker's  daily working time is more than six hours, he is entitled to a rest break. (2) The details of the rest break to which an adult worker is entitled under paragraph (1), including its duration and the terms on which it is granted, shall be in accordance with any provisions for the purposes of this regulation which are contained in a collective agreement or a workforce agreement. (3) Subject to the provisions of any applicable collective agreement or workforce agreement, the rest break provided for in paragraph (1) is an uninterrupted period of not less than 20 minutes, and the worker is entitled to spend it away from his workstation if he has one. 78
  79. 79. Entitlements under other provisions  17. Where during any period a worker is entitled to a rest period, rest break or annual leave both under a provision of these Regulations and under a separate provision (including a provision of his contract), he may not exercise the two rights separately, but may, in taking a rest period, break or leave during that period, take advantage of whichever right is, in any particular respect, the more favourable. 79
  80. 80. Other special cases  21. Subject to regulation 24, regulations 6(1), (2) and (7), 10(1), 11(1) and (2) and 12(1) do not apply in relation to a worker - (a) where the worker's activities are such that his place  of work and place of residence are distant from one another or his different places of work are distant from one another; (b) where the worker is engaged in security and surveillance activities requiring a permanent presence in order to protect property and persons, as may be the case for security guards and caretakers or security firms; 80
  81. 81. (c) where the worker's activities involve the need for continuity of  service or production, as may be the case in relation to - (i) services relating to the reception, treatment or care provided by  hospitals or similar establishments, residential institutions and prisons; (ii) work at docks or airports; (iii) press, radio, television, cinematographic production, postal and telecommunications services and civil protection services; (iv) gas, water and electricity production, transmission and distribution, household refuse collection and incineration; (v) industries in which work cannot be interrupted on technical grounds; (vi) research and development activities; (vii) agriculture; 81
  82. 82. (d) where there is a foreseeable surge of activity, as  may be the case in relation to - (i) agriculture;  (ii) tourism; and (iii) postal services; (e) where the worker's activities are affected by -  (i) an occurrence due to unusual and unforeseeable  circumstances, beyond the control of the worker's employer; (ii) exceptional events, the consequences of which could not have been avoided despite the exercise of all due care by the employer; or (iii) an accident or the imminent risk of an accident. 82
  83. 83. Shift workers  22. - (1) Subject to regulation 24 - (a) regulation 10(1) does not apply in relation to a shift  worker when he changes shift and cannot take a daily rest period between the end of one shift and the start of the next one; (b) paragraphs (1) and (2) of regulation 11 do not apply in relation to a shift worker when he changes shift and cannot take a weekly rest period between the end of one shift and the start of the next one; and (c) neither regulation 10(1) nor paragraphs (1) and (2) of regulation 11 apply to workers engaged in activities involving periods of work split up over the day, as may be the case for cleaning staff. 83
  84. 84. (2) For the purposes of this regulation -  quot;shift workerquot; means any worker whose work schedule is  part of shift work; and quot;shift workquot; means any method of organizing work in  shifts whereby workers succeed each other at the same workstations according to a certain pattern, including a rotating pattern, and which may be continuous or discontinuous, entailing the need for workers to work at different times over a given period of days or weeks. 84
  85. 85. Collective and workforce agreements  23. A collective agreement or a workforce agreement may - (a) modify or exclude the application of  regulations 6(1) to (3) and (7), 10(1), 11(1) and (2) and 12(1), and (b) for objective or technical reasons or reasons concerning the organization of work, modify the application of regulation 4(3) and (4) by the substitution, for each reference to 17 weeks, of a different period, being a period not exceeding 52 weeks, in relation to particular workers or groups of workers.  85
  86. 86. Collective agreements Under the WTRs the Employers with Unions may modify or exclude some of the WORKING TIME regulations, however the modifications or exclusions must still meet the requirements of Health and Safety Legislation 86
  87. 87. Compensatory rest  24. Where the application of any provision of these Regulations is excluded by regulation 21 or 22, or is modified or excluded by means of a collective agreement or a workforce agreement under regulation 23(a), and a worker is accordingly required by his employer to work during a period which would otherwise be a rest period or rest break - 87
  88. 88. (a) his employer shall wherever possible allow  him to take an equivalent period of compensatory rest, and (b) in exceptional cases in which it is not possible, for objective reasons, to grant such a period of rest, his employer shall afford him such protection as may be appropriate in order to safeguard the worker's health and safety. 88
  89. 89. Part 3 POLICY STATEMENTS 89
  90. 90. Health and Safety Policies HASAW Etc Act 1974 Section 2(3) Except in such  cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees. 90
  91. 91. Health and Safety Goals and Objectives Protection  Improving the working environment  Increasing awareness of Health and Safety  Improving efficiency  Reduce costs & liabilities  91
  92. 92. EXTRACT FROM FOSNNI HEALTH AND SAFETY POLICY STATEMENT OBJECTIVES  High standards of Health & Safety performance  represent my top priority and I regard them as a key element in successful business performance and a major consideration in planning and executing activities within the FOSNNI Command. To this extent, Health & Safety considerations will generally be accorded a higher priority than operational issues so as to improve working conditions and reduce costs and liabilities associated with work place injuries and ill health. It is my aim that we continually strive to meet, as an absolute minimum, legislative standards in all aspects of work and that our business performance is actively reviewed so that we achieve higher Health & Safety standards where the balance of risk against cost and operational requirements is justified. 92
  93. 93. Meeting this aim requires commitment, co-operation and the  contribution of all staff. Management has a particular duty to control Health & Safety risks within their area of responsibility but all employees in my command also have a role in ensuring that we can achieve our tasks in a safe and healthy workplace. Et al FOSNNI  93
  94. 94. PART 4 TRADE UNION REPS  The Safety Representatives  and Safety Committees Regulations 1977 94
  95. 95. HASAW etc ACT1974 SAFETY REPS & COMMITTIES (4) Regulations made by the Secretary of State  may provide for the appointment in prescribed cases by recognised trade unions (within the meaning of the regulations) of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and shall have such other functions as may be prescribed. 95
  96. 96. (5) Regulations made by the  Secretary of State may provide for the election in prescribed cases by employees of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and may have such other functions as may be prescribed. 96
  97. 97. (6) It shall be the duty of every  employer to consult any such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to cooperate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures. 97
  98. 98. (7) In such cases as may be prescribed it  shall be the duty of every employer, if requested to do so by the safety representatives mentioned in subsections (4) and (5) above, to establish, in accordance with regulations made by the Secretary of State, a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his employees and such other functions as may be prescribed. 98
  99. 99. PART 5 HSE Getting to grips with Health & Safety MANUAL HANDLING
  100. 100. A short guide Getting to grips with manual handling  This slide show explains the problems associated with manual handling and sets out best practice 100
  101. 101. The general principles The general principles are relevant to  all organisations whatever their size. It makes sound business sense to have good health and safety practices. 101
  102. 102. What is manual handling? the transporting or supporting of loads by  hand or by bodily force. 102
  103. 103. More than a third of all over-three-day  injuries reported each year to HSE and local authorities are caused by manual handling 103
  104. 104. Most of the reported accidents cause back  injury, Hands, arms and feet are also vulnerable.  104
  105. 105. The pie chart shows the pattern for over- three-day injuries reported in 1998/99. 105
  106. 106. In 1995, an estimated average of 11  working days per sufferer were lost through musculoskeletal disorders affecting the back, caused by work. HSE estimated that such conditions cost employers up to £335 million (1995/96 prices). 106
  107. 107. Many manual handling injuries build up over a period rather than  being caused by a single handling incident These injuries occur wherever people are at work -  Farms  Building sites,  Factories,  Offices,  Warehouses,  Hospitals,  Banks,  Laboratories,  While making deliveries etc……….  107
  108. 108. What should I do about it? Consider the risks from manual handling  to the health and safety of your employees The rest of this slide show will help.  If there are risks, the Manual Handling  Operations Regulations 1992 apply. 108
  109. 109. EMPLOYERS SHOULD AVOID the need for hazardous manual  handling, as far as is reasonably practicable ASSESS the risk of injury from any  hazardous manual handling that can‟t be avoided; and REDUCE the risk of injury from hazardous  manual handling, as far as is reasonably practicable 109
  110. 110. As well as making good sense, consulting employees on health and safety matters is a legal requirement. If there are safety representatives appointed by trade unions you recognise, the law requires you to consult them. If there are none representing the employees at risk from manual handling, consult the employees themselves or any representative they have elected for health and safety. 110
  111. 111. Consider automation, particularly for new  processes. Think about mechanisation, like the use of  a lift truck. Beware of new hazards from automation or mechanisation. 111
  112. 112. 112
  113. 113. Your employees have duties too. They should:  follow appropriate systems of work laid down for  their safety; make proper use of equipment provided for their  safety; co-operate with their employer on health and  safety matters; inform the employer if they identify hazardous  handling activities; take care to ensure that their activities do not  put others at risk. 113
  114. 114. Avoiding manual handling Check whether you need to move it at all.  For example:  can wrapping or machining be done  without moving the materials? can you take the treatment to the patient,  not vice versa? 114
  115. 115. Assessing and reducing the risk of injury Who should make the assessment?  115
  116. 116. The assessment is the employer’s responsibility. You should be able to do most assessments in-  house; you know your business better than anyone. Most will require just a few minutes‟ observation  to identify ways to make the activity easier and less risky, i.e. less physically demanding. Advice from outside experts may be helpful in  difficult or unusual cases, 116
  117. 117. THE TASKS, DO THEY INVOLVE Holding loads away from the body trunk?  Twisting, stooping or reaching upwards?  Large vertical movements?  Long carrying distance?  Strenuous pushing or pulling?  Unpredictable movement of the load?  Repetitive handling?  Insufficient rest or recovery time?  A work rate imposed by a process?  117
  118. 118. THE LOADS Heavy, bulky or unwieldy?  Difficult to grasp?  Unstable or unpredictable?  Intrinsically harmful, e.g. sharp or hot?  118
  119. 119. THE WORKING ENVIRONMENT, ARE THERE; Constraints on posture?  Poor floors?  Variations in levels?  Hot/cold/humid conditions?  Strong air movements?  Poor lighting conditions?  Restrictions on movement or posture from  clothes or from PPE? 119
  120. 120. INDIVIDUAL CAPACITY, DOES THE JOB; Require unusual capacity?  Endanger those with a health problem?  Endanger pregnant women?  Call for special information or training?  120
  121. 121. What role can employees play in carrying out assessments? Your employees can help you carry out the assessment - they often know what problems there are and how best to solve them. If their work is varied or not closely supervised, make sure they are aware what risks to look for when manual handling, and what to do about them. But the final responsibility for assessments rests with employers. 121
  122. 122. Do assessments need to be recorded? No, except where it would not be easy to  repeat the assessment. In such cases the significant findings should be recorded and kept. 122
  123. 123. Do I have to do assessments for each individual employee and workplace? No. It‟s quite acceptable to do a generic  assessment that is common to several employees or to more than one site or type of work. 123
  124. 124. The important thing is to identify the risk of injury and point the way to practical improvements. 124
  125. 125. How should I use my assessment? Don’t just forget it or file it away. The purpose of the assessment is to pinpoint the worst features of the work - and they’re the ones you should try to improve first. 125
  126. 126. It is also important to remember to Update the assessment when significant  changes are made to the workplace. 126
  127. 127. How far must I reduce the risk? To the lowest level „reasonably  practicable‟. That means reducing the risk until the cost of any further precautions - in time, trouble or money - would be far too great in proportion to the benefits. 127
  128. 128. Do I have to provide mechanical aids in every case? 128
  129. 129. It depends whether it’s reasonably practicable to do so. If the risks identified in your risk assessment can be reduced or eliminated reasonably by means of mechanical aids, then you should provide them. But you should always consider mechanical aids - they can improve productivity as well as safety. Even something as simple as a sack truck can make a big improvement. 129
  130. 130. A simple sack truck can make a big improvement. 130
  131. 131. Problems to look for when making an assessment The tasks, do they involve:  Holding loads away from the body trunk?  Twisting, stooping or reaching upwards?  Large vertical movement?  Long carrying distances?  Strenuous pushing or pulling?  Unpredictable movement of loads?  Repetitive handling?  Insufficient rest or recovery time?  A work rate imposed by a process? 131
  132. 132. The loads, are they:  heavy, bulky or unwieldy?  difficult to grasp?  unstable or unpredictable?  intrinsically harmful, e.g. sharp or hot? 132
  133. 133. The working environment, are there:  Constraints on posture?  Poor floors?  Variations in levels?  Hot/cold/humid conditions?  Strong air movements?  Poor lighting conditions?  Restrictions on movement or posture from clothes or personal protective equipment? 133
  134. 134. Individual capacity, does the job:  Require unusual capability?  Endanger those with a health problem?  Endanger pregnant women?  Call for special information or training? 134
  135. 135. Ways of reducing the risk of injury Can you:  Improve workplace layout to improve efficiency?  Reduce the amount of twisting and stooping?  Avoid lifting from floor level or above shoulder height?  Reduce carrying distances?  Avoid repetitive handling?  Vary the work, allowing one set of muscles to rest while another is used? 135
  136. 136. Can you make the load: Lighter or less bulky?  Easier to grasp?  More stable?  Less damaging to hold?  Have you asked your suppliers to help?  136
  137. 137. Can you: Remove obstructions to free movement?  Provide better flooring?  Avoid steps and steep ramps?  Prevent extremes of hot and cold?  Improve lighting?  Consider less restrictive clothing or personal  protective equipment? 137
  138. 138. Can you: Take better care of those who have a  physical weakness or are pregnant? Give your employees more information,  e.g. about the range of tasks they are likely to face? Provide training?  138
  139. 139. Training is important but remember that, on its own, it can’t overcome A lack of mechanical aids;  Unsuitable loads;  Bad working conditions.  139
  140. 140. Training should cover: How to recognise harmful manual  handling; Appropriate systems of work;  Use of mechanical aids;  Good handling technique  140
  141. 141. How do I know if there’s a risk of injury? It‟s a matter of judgment in each case, but there are certain things to look out for, such as  people puffing and sweating,  excessive fatigue, bad posture,  cramped work areas,  awkward or heavy loads  history of back troubles. Operators can often highlight which activities are unpopular, difficult or arduous. 141
  142. 142. 142
  143. 143. 143
  144. 144. 144
  145. 145. 145
  146. 146. Adopt a good posture When lifting from a low level, bend the  knees. But do not kneel or over flex the knees. Keep the back straight,  maintaining its natural curve (tucking in the chin helps). Lean forward a little over the load if necessary to get a good grip.  Keep the shoulders level and facing in the same direction as the  hips. Get a .firm grip  Try to keep the arms within the boundary formed by the legs.  The best position and type of grip depends on the circumstances  and individual preference; but must be secure. A hook grip is less tiring than keeping the fingers straight.  If you need to vary the grip as the lift proceeds, do it as smoothly  as possible. 146
  147. 147. REMEMBER There is no such thing as a completely „safe‟ manual handling operation. It‟s difficult to be precise: so many factors vary between;-  Jobs,  Workplaces  And people. The general risk assessment guidelines filter should help to identify when a more detailed risk assessment is necessary. Working within the guidelines will reduce the need for a more detailed risk assessment. 147
  148. 148. 148
  149. 149. MANUAL HANDLING GOLDEN RULES Assess & Plan, load, task , routes, PPE required.  Individuals capabilities.  Good foot position.  Straight back, tuck chin in if it helps.  Squat down, don‟t over flex.  Firm grip.  Carry load properly (close to body trunk).  Don‟t twist.  Don‟t be afraid to ask for help.  Avoid manual handling, use mechanical aids if possible.  149
  150. 150. THE END SAFE LIFTING Information supplied by HSE  Produced by J.McCann  For more information  HSE Information Services, Caerphilly  Business Park, Caerphilly CF83 3GG. You can also visit HSE‟s website:  www.hse.gov.uk 150

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