Management Of Health And Safety At Work Regulations 1999

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Regulation 3

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Risk Assessments

() Employers and self-employed persons must carry out a risk assessment, covering both workers and others who may be affected by their work or business

() Employers who employ 5 or more employees should record the significant findings of the risk assessment

() Assessment should be suitable and sufficient

() Actions taken to manage hazards is proportionate to the risk

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Regulation 4

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Principles of prevention to be applied

when an employer implements any preventive and protective measures, they shall do so on the basis of the principles of prevention:

() Avoiding the risks where possible:

*Evaluating the risks that cannot be avoided

*Combating the risks at the source

*Adapting the work to the individual

*Adapting to technical process

*Replacing the dangerous with the non dangerous or the less dangerous

*Developing a coherent overall prevention

*Giving collective protective measures priority over individual PPE

*Giving appropriate instructions to employees

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Regulation 5

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Health and safety arrangements

Employers shall make appropriate arrangements for the effective planning, organisation, control, monitoring and review of protective and preventive measures.

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Regulation 6

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Health Surveillance

Risk assessments should identify where surveillance is needed for example where:

*There is an identifiable disease or adverse health condition related to the work

*Valid techniques exist to detect indications of the disease/condition

*There is a reasonable likelihood that the disease/condition may occur

*Surveillance will help protect the health and safety of the employees

*A competent person should determine the level, frequency and procedure of health surveillance required. as a minimum a health record should be kept

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Regulation 7

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Competent Persons

Every employer should appoint one or more competent persons to assist in managing risk.

* Such persons shall be regarded as competent where they have sufficient training and experience or knowledge and other qualities to properly assist the employer.

*The competent person may be an employee or a person external to the business e.g. a consultant

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Regulation 8

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Serious and Imminent Danger

* Employers shall establish emergency procedures for workers to follow for events that present serious and imminent danger, such as fire

* Emergency procedures should be written down, and information about them should be available

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Regulation 9

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Contact with external services

* Employers are now required to arrange any necessary contacts with external services, especially with regards to first aid, emergency medical care and rescue work

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Regulation 10

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Employers Duties

Employers must make available to employees information on:

* Risks identified by assessment

* Precautions taken

* Evacuation procedures

* Risks arising from shared premises

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Regulation 11

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Co-operation and Co-ordination

Where the workplace is occupied by more than one occupier, they may need to co-ordinate/co-operate to some degree, for example on:

*Maintenance, access/egress, visitors, cleanliness of shared areas, vehicle movements, emergency procedures, first aid, heating/ventilation, welfare ect

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Regulation 12

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Persons working in host employers or self-employed persons undertaking

every employer and every self employed person shall ensure that the employer of any employees from an outside undertaking who are working in their undertaking is provided with comprehensible information on:

*The risks to those employees health and safety

* The measures taken in compliance with the statutory requirements

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Regulation 13

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Capabilities and Training

Every employer shall, in entrusting tasks to his employees, take into account their capabilities with regards to health and safety.

Every employer shall ensure that his employees are provided with adequate heal and safety training:

* On their being recruited into the employers undertaking

* On their being exposed to new or increased risks

The training should be repeated periodically, where appropriate, and adapted to take account of any new or changed risks to the health and safety of the employees concerned. Any training should take place during working hours.

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Regulation 14

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Employee Duties

* Employees shall use equipment and substances in accordance with any training and instructions given by the employer, so as to enable them to fulfill their legal health and safety duties

* Employees should notify employers of their appointed representatives of any health and safety issues that may present a serious and imminent danger and/or of any shortcomings in the employers protection arrangements for health and safety

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Regulation 15

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Temporary Workers

Employers must provide temporary workers with appropriate information to enable them to comply with their health and safety duties.

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Regulations 16 & 17

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New and Expectant Mothers

Employer identifies risks to new/expectant mothers.

*employers should notify employees of their appointed representatives of any health and safety issues which may present a serious and imminent danger to new/expectant mothers.

* Amendments may be required to working conditions/ working hours.

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Regulations 18

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Notification by new or expectant mothers

The new/expectant mother is to notify the employer in writing that she is pregnant, has given birth within the previous six months, or is breastfeeding.

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Regulations 19

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Young Persons

Employers must undertake a risk assessment before a young person can start work, paying particular attention to specified risks in the regulation.