HSWA advice to employers.pdf

8/10/2019 HSWA advice to employers.pdf

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Advice to

employers



This leaflet is not an authoritative interpretation ofthe law, but is intended to help employers tounderstand their responsibilities under the Act.

INTRODUCTION

The Health and Safety atWork etc Act 1974 is anenabling Act in addition to and only partially eplacingexisting health and safety at work legislation such asthe Factories Act and the Offices, Shops and RailwayPremises Act. The greater part of the existing Acts and

subsidiary regulations remain current, but repeal,amendment, revision and updating will continue asnecessary, over a period of years.

The Act applies to all persons at work, employers, selfemployed and employees, with the exception ofdomestic servants in private households. Thelegislation protects not only people at work, but alsothe health and safety of he general public who may beaffected by work activities.

The aimof he

Act is to:

(a) secure the health, safety and welfare ofpersons atwork;

(b) protect persons other than persons at work against

risks to health or safety arising out ofor in connectionwith the activities ofpersons at work;

(c) control he keeping and use ofexplosive or highlyflammable or otherwise dangerous substances, andgenerally preventing the unlawful acquisition,possession and use of such substances;

(d) control the emission nto the atmosphere ofnoxious or offensive substances from premises ofany



responsibility for doing what is needed to avoidaccidents and occupational ill health lies with thosewho create the risks. Promotion Of health and safety isan essential function of good management. Employersmust allocate responsibilities to the different levels ofmanagement and will need aplanned strategy and aneffective organisation which pays due regard to objec-tives and accountability.

In an annexe to this leaflet, suggestions are made tohelp employers assess how the legal provisions mayapply to their own organisations. These suggestions arenot intended to

cover every situation or need, nor willthey apply necessarily to the circumstances ofeveryemployer.

DUTIES TO EMPLOYEES

The general duties of employers to their employees areset down in Section 2 of the Act.

Section 2(1) It shall be the duty ofevery employer toensure, so far as is reasonably practicable, the health,safety and welfare at work of all his employees .

Section 2(2) Further provides hat, without prejudiceto the generality of the above, the matter to which thatduty extends include in particular:

Section 2(2)(a) the provision and maintenance ofplantand systems ofwork that are, so far as is reasonablypracticable, safe and without risks to health .

This is ageneral requirement covering all plant, whichthe Act defines as

including machinery, equipmentnd

appliances used at work. It does not supersede the moredetailed and specific provisions covering certainequipment ontained in legislation, but it goes beyondsuch earlier i i in i i amore wide



health in connection with the use, handling, storage andtransport of articles and substances .

This subsection is concerned with the materials andarticles used at work. Substance is defined (in Section53) as any natural or artificial substance, whether insolid or liquid form or in the form ofagas or vapour ,so that the subsection covers everything used at workand all work activities.

Section 2(2)(c) the provision of such information,instruction, training and supervision as is necessary toensure, so far as is reasonably practicable, the 'health

and safety at work of his employees .Section 2(2)(d) so far as is reasonably practicable asregards any place ofwork under he employer's control,the maintenance ofit in a condition that is safe andwithout risks to health and the provision andmaintenance of means ofaccess to and egress from it;that are safe and without such risks .

Section 2(2)(e) the provision and maintenance ofaworking environment for his employees that is, so faras

is reasonably practicable, safe, without risks to healthand adequate as regards facilities and arrangements fortheir welfare at work.

Section 2(3) Except in such cases as may be prescribed,it shall be the duty of every employer toprepare and as

often as may be appropriate revise awritten statementofhis general policy with respect to the health andsafety at work of his employees and the organisationand arrangements for the time being in force forcarrying out that policy, and to bring the , statement andany revision of it to the notice of all his employees.

Regulations have been made exempting mployers withless than 5 employees from the necessity to formulate awritten statement Thisis because he instructions





vehicle, vessel, aircraft or hovercraft; and installation on

land (including the foreshore and other landintermittently covered by water), and offshoreinstallation and any other installation (whether loating,or resting on the seabed or the subsoil thereof, or restingon other land covered with water orthe subsoil thereof),and any text ormovable tructure.

This is ageneral provision and the person in control ofpremises may also have other duties under otherenactments, for example with respect to means ofescapein case of fire, and general fire precautions, and alsowith respect to public health.

Section 5 This section which relates o emission ofnoxious or offensive substances into the atmosphereplaces duties on persons having control ofpremises usedfor the processes of types prescribed by the Health andSafety (Emissions into the atmosphere) Regulation 1983No. 943.

DUTIES OF MANUFACTURERS ANDSUPPLIERS OF ARTICLES ANDSUBSTANCES FOR USE AT WORK

Section 6 places duties on persons who design,manufacture, import, supply, erect or install any article,plant, machinery, equipment or appliances for use atwork, or manufacture, import or supply any substancefor use at work. It also places duties for research ondesigners and manufacturers. Every employer is likelyto be affected by these provisions as a purchaser nduser of articles or substances. Detailed advice on theapplication of section 6 can be found in the HSE bookletHSG 27(Rev), Substances for use at work: the provision

of nformation.

DUTIES OF EMPLOYEES



are given in Sections 7 and 8, which are quoted below.

Section 7 It shall be the duty of every employee while:

(a) to take reasonable care for the health and safety ofhimself and ofother persons who may be affected by

his acts or omissions at work; and

(b) as regards any duty or requirement imposed on hisemployer or any other person by or under any of herelevant statutory provisions, to cooperate with him sofar as is necessary to enable that duty or requirement tobe performed or complied with.

Section 8 No person shall intentionally orrecklesslyinterfere with or misuse anything provided n theinterests of health, safety or welfare in pursuance of

any ofhe relevant

statutory provisions.

Charge to employees

Section 9 of he Act prohibits the levying on anemployee ofany charge in respect of anything done orprovided in pursuance of any specific requirement ofany of he legislation for health, safety and welfare.

ENFORCEMENT OF THE HEALTH AND

SAFETYAT

WORK ETCACT AND

ASSOCIATED LEGISLATION

Powers of nspectors

The powers ofan inspector to enable him to undertake

his duties under his Act are given in Section 20 of heAct. They include power oenter, at any reasonabletime, any premises which hehas reason tobelieve it isnecessary forhim to enter for the purpose ofcarrying



necessary for any examination or investigation.

He may take samples and can require any person ogive him information relevant to his examination orinvestigation, to answer questions and to sign adeclaration ofthe truth ofhis answers.

He can require any person oafford him such facilitiesand assistance, within that

persons'control or

responsibilities, as are necessary to enable the inspectorto exercise any of he powers conferred on him.

An nspector is appointed in writing by his enforcingauthority and must when required o do so produce a

copy ofhis instrument of appointment.Duties are placed on inspectors by Section 28(8) ofthe Act to disclose certain information to personsemployed at premises owhich the Act applies, to assistin keeping work-people adequately informed about

matters ikely to affect heir health, safety and welfare.This duty is in addition to that placed on employers bySection 2(2)(c) (mentioned above) and may includefactual nformation obtained by the nspector whichrelates to the premises, or anything being done there,and information with respect to any action which he

has taken or proposes o take in, or in connection with,the premises. The inspector is required ogive theemployer the same information as he gives to theemployed persons.

ANNEXE

Every employer should consider within thecontext ofhis own organisation, what action is necessary onhispart to carry out he duties aid on him by the Act. Inmaking this assessment the questions given below maybe helpful. Only certain questions will prooably applyto any particular organisation. The questions cannot becomprehensive and cannot mention every situationcovered by the provisions of the Act nor must they be



the legal requirements. It must also be remembered thsome matters covered in general terms by the Act are

also the subject of specific detailed equirements inother enactments. The questions are set out below byreference to the sections to which they relate.

Section 2(2)(a)

1 Is all plant up to the necessary standards withrespect to safety and risk to health?

2 When new plant is installed is latest good practicetaken into account?

3 Is there provision by regular inspection, examinatioand, where necessary testing to ensure that plant and itsafety devices have not deteriorated?

4 In such cases would the examinations etc be moresuitably assigned o specialists?

5 Do all the systems ofwork provide adequately forsafety?

6 Are they properly enforced?

7 Has a thorough examination been made of alloperations undertaken in the workplace (especially

those carried out only infrequently) to minimise dangerof injury orrisk to health?

8 What attention has been paid to the safety ofcleaning, repair and maintenance operations?

9 Should special safety systems such as permits towork be considered?

I h



12 Have arrangements been made for regularinspection of all equipment and appliances used forsafety and health (for example, dust and fumeextraction equipment, guards, safe arrangements foraccess and monitoring and testing appliances)?

13 What personal protective equipment is required(eg protective boots, helmets, goggles, respirators, ear

protectors)?Has it been ssued? Are adequate

arrangements made for its storage, maintenance,cleaning and renewal? Have those who need it beentrained in its use?

14 Have arrangements been made for regular

maintenance and testing of electrical installations andequipment?

15 Have emergency procedures and contingency plansbeen formulated, to cover, for example, escapes orspillages of oxic or dangerous materials, fire escapes

of gases etc, and also emergencies due to hazardsarising in adjacent premises, or sabotage?

Section 2(2)(b)

1 Have the methods of manufacture been examinedcarefully ofevery substance likely to give rise to risk, toensure that every necessary precaution has been aken?

2 Has an audit been carried out to list every substanceat work to identify the specific health and safety risks towhich

anysubstance

may giverise?

3 Are the containers ofall substances correctlylabelled?

4 Are all containers and handling devices suitable or

should expert advice be sought?

5 Has particular attention been given to themanipulation of molten metal?



7 If here is mechanical transport on the premises havethe operating procedures been critically appraised? Arethe transport rules adequate and are they properlyenforced?

8 Are structural modifications to plant, buildings oroperating areas necessary to achieve safety from theuse of transport?

9 Have proper procedures been established forassessing new proposals for handling materials or usingtransport?

10 Could safety be increased or working conditionsimproved by substitution of ess toxic or less dangeroussubstances orby improvements in enclosure or byinstitution ofremote handling methods?

11 Has particular ttention been given to the safetyof systems ofwork and ofthe handling of substancesundertaken outside the normal

production processes?12 Has special attention been given to the precautionsin the carriage and transport of dangerous materials,such as those ofhigh toxicity, or with explosiveproperties orradiation emitters?

13 Should the safety ofhandling of articles in use beagain reviewed?

14 Is further raining in the use ofhandtools, machinesand mobile plant necessary?

15 Is all equipment safely stored?

16 Are any processes being undertaken usingunsuitable machines or equipment?

Section 2(2)(c)

1 What can be done to bring within he procedures forplanning for health and safety he cooperation of he



2 Is adequate information and guidance given to allemployees on the hazards ofthe work activities and themethods for avoiding them and on any other mattersaffecting health or safety?

3 Has every worker exposed to a health hazard beeninformed ofthe risks and the precautions? Havearrangements been made for him to be told of the resultsofany relevant monitoring carried out?

4 Is any further nformation necessary with respect tospecial equipment or substances or processes?

5 Are there arrangements for a proper flow ofinformation to employees and also for rapid andunhindered

communication on safety and health mattersfrom employees to management?

6 Has information been provided o employees onlegal requirements?

7 Has adequate echnical information been provided atsuitable levels?

8 Are arrangements such that advisory literature(including any new publications) on health and safety isavailable for all whom it concerns?

9 Have adequate arrangements been made for trainingin safe practices, in procedures for avoiding risks tohealth and in the use of equipment for safety? Does suchtraining take into account the levels at which it must beapproached and the capabilities of he ecipients? Is

there proper training for supervisory staff? Is heeffectiveness of he training and its retention by thetrainees monitored egularly? Are there arrangements forretraining of those in post as well as for training newemployees?

10 Has action been taken to foster ahigh standard ofsafety awareness in all employees?

11 Has ahigh standard of skill been achieved nall



procedures and systems of work?

12 Has a system been ins ituted for identifying the

particular trainingneeds within the

organisationand of

any special needs of individual employees?

13 Are there processes with special hazards whichhave particular raining needs?

14 Is proper use being made of the facilities availablefrom the Industrial Training Boards?

15 Are safe methods of working receiving fullemphasis in all training given?

Section 2(2)(d)

1 Has consideration been given to the safety of allplaces of work and the means ofaccess to and egressfrom them?

2 Do all buildings comply adequately with safetystandards? Are they so maintained? Are professionalsurveys required for any buildings?

3 Has adequate consideration been given to specialsafety requirements ofall buildings, such as fire escapes,fixture points for window cleaner's harnesses, andpreplanned arrangements for building maintenance?

4 Are there specially awkward places within hebuildings which must be reached at particular times, forexample for observation or for control ofprocesses orplant? If so can the means ofaccess be improving?

5 Do persons have to enter plant for maintenance orcleaning, where there may be special hazards and if sohave proper procedures and precautions been taken?

6 Do good housekeeping and cleanliness receive theattention due to them?

7 Arefireexits identified andare th checked to



8 Is fire fighting equipment provided and is itmaintained? Are persons adequately trained n its use?

9 Is there a fire certificate for the premises and are its

conditions being observed?

10 Has the fire alarm been ested? Are fire drills held?

Section 2(2)(e)

1 Are there any problems in the premises inconnection with heating, lighting, ventilation or noise?

2 Are the welfare arrangements - seating washingaccommodation, clothing accommodation andlavatories satisfactory?

3 Are the first aid arrangements satisfactory?

4 Are there any problems arising from dangerous waste?

Section 2(3)

I Has the written statement of safety policy,organisation and arrangements been prepared inaccordance with this section?

2 Has asystem

ofsupervision

beenorganised

whichwill ensure that sustained attention is given to all theduties placed upon the employer by this legislation?

3 Have measures been taken to encourage employeesat all levels to be aware of and work in accordance with

the safety policy?4 Have he relative responsibilities for safety and allthat is involved with it been assigned clearly at all levelsofthe organisation and particularly within hemanagement structure?

5 Has there been full acceptance of responsibility forhealth and safety by all managers and do they regardthis responsibility as no less important than their



6 If he organisation is a large one, have safetyresponsibilities been spread throughout theintermediate management structure?

Section 3

1 Could any activities undertaken within yourorganisation cause danger of injury orto health tomembers of he public, or other workpeople not

employed by you?2 Are toxic gases or dust emitted into the atmospherefrom your premises? (Section 5 may also be relevant.)

3 Is any machinery or plant adequately protected

againstrisks to the

public or,for

example, to children,even when respassing?

4 Ifyou use or produce radiations could they causedanger at any place to which the public orotheremployed persons have access?

5 Could there be danger to the public from anyconveyance of oxic or otherwise dangeroussubstances?

FURTHER INFORMATIONThe local offices of he Health and Safety Executive,which nclude HM Factory, Quarries, Agricultural,Mines and Nuclear nstallations Inspectorates, can giveadvice on the provisions of this Act as they relate to

particular premises. Employers' organisations and tradeassociations can also provide guidance.



The Explosives Act 1875

The Alkali, etc Works

RegulationAct 1906

The Employment ofWomen, Young Personsand Children Act 1920

The Celluloid andCinematograph Film Act 1922

The Explosives Ac 1923

The Petroleum

(Consolidation) Act 1928

The Hours ofEmployment(Conventions) Act 1936

The Petroleum (Transfer ofLicences) Act 1936

The Fireworks Act 1951

The Agriculture (PoisonousSubstances) Act 1952

The Emergency Laws(Miscellaneous Provisions)Act 1953

APPENDIX

Statutory provisions ofActs ofParliament listed below,and of regulations made under hem, remain n

existence until they are replaced by regulations. The

Short itle Provisions which arerelevant statutoryprovisions

The whole Act exceptsections 30 to 32,80 and 116 to 121

The whole Act

The whole Act

The whole Act

The whole act

The whole Act

The whole Act

The whole Act

Sections 4 and 7

The whole Act

Section 3



means ofenforcing them have, however, been changedby the provisions of he 1974 Act.

Short itle Provisions which arerelevant statutoryprovisions

The Mines and Quarries The whole ActAct 1954 except section 151

The Agricultural (Safety, The whole ActHealth and WelfareProvisions) Act 1956

The Factories Act 1961 The whole Actexcept section 135

The Public Health Act 1961 Section 73

ThePipe-lines

Act 1962 Sections 20 to26, 33,34 and 42, Schedule 5

The Offices, Shops and The whole ActRailway Premises Act1963

The Nuclear nstallations Sections 1, 3 to 6,Act 1965 22 and 24, Schedule 2

The Mines and Quarries Sections 1 to 10(Tips) Act 1969

The Mines Management The whole ActAct 1971

The Employment Medical The whole ActAdvisory Service Act 1972 except sections 1 and

6 and Schedule 1



•OYAfe

This publication may be freely reproduced except foradvertisingendorsement or sale purposes. The information itcontains scurrentat3/92. Please acknowledge the source as HSE.

HSC3Printed and published by the Health and Safety Executive C500 3/92

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HSWA advice to employers.pdf