Health and safety regulations
that SME's need to be aware of when it comes to the
workplace

Health and safety might be seen as a
bugbear, but it's a very serious and important subject in the
workplace. There are several key pieces of legislation that an
employer is legally required to comply with.

Many small and medium enterprises
are unaware of what they are expected to do however.  Here is
an overview of them so that you stay on the right side of the
law.

The Management of Health and Safety at Work
Regulations 1999

An employer is responsible
for:

- making 'assessments of
risk' to the health and safety of its workforce, and to act upon
risks they identify, so as to reduce them (Regulation 3);

- appointing competent persons to oversee workplace
health and safety;

- providing workers with information and training on
occupational health and safety; and

- operating a written health and safety policy.

 

The Workplace (Health,
Safety and Welfare) Regulations 1992

The main provisions of these
Regulations require employers to provide:

- adequate lighting, heating, ventilation and workspace (and
keep them in a clean condition);

- staff facilities, including toilets, washing facilities and
refreshment; and
- safe passageways, i.e. to prevent slipping and tripping
hazards.

 

The Health and Safety (Display Screen Equipment)
Regulations 1992

Employers are required
to:

- make a risk assessment of workstation use by DSE
users, and reduce the risks identified;

- ensure DSE users take 'adequate breaks';

- provide regular eyesight tests;

- provide health and safety information;

- provide adjustable furniture (e.g. desk, chair, etc.); and

- demonstrate that they have adequate procedures designed to
reduce risks associated with DSE work, such as 
repetitive strain injury (RSI).

 

The Personal Protective Equipment at Work Regulations
1992

The main provisions require
employers to:

- ensure that suitable personal protective equipment (PPE) is
provided free of charge "wherever there are risks to health and
safety that cannot be adequately controlled in other ways." The PPE
must be 'suitable' for the risk in question, and include protective
face masks and goggles, safety helmets, gloves, air filters, ear
defenders, overalls and protective footwear; and

- provide information, training and instruction on the use of
this equipment.

 

The Manual Handling Operations Regulations
1992

The main provisions of these
Regulations require employers to:

- avoid (so far as is reasonably practicable) the need
for employees to undertake any manual handling
activities involving risk of injury;

- make assessments of manual handling risks, and try to reduce
the risk of injury. The assessment should consider the task, the
load and the individual's personal characteristics (physical
strength, etc.); and

- provide workers with information on the weight of each
load.

 

The Provision and Use of Work Equipment Regulations
1998

The main provisions require
employers to:

- ensure the safety and suitability of work equipment for the
purpose for which it is provided;

- properly maintain the equipment, irrespective of how old it
is;
- provide information, instruction and training on the use of
equipment; and
- protect employees from dangerous parts of machinery.

 

The Reporting of Injuries, Diseases and Dangerous
Occurrences Regulations 1995

The following injuries or ill health
must be reported:

- the death of any person;
- specified injuries including fractures, amputations, eye
injuries, injuries from electric shock, and acute illness requiring
removal to hospital or immediate medical attention;

- 'over-seven-day' injuries, which involve relieving someone of
their normal work for more than seven days as a result of injury
caused by an accident at work;

- reportable occupational diseases, including:

* cramp of the hand or forearm due to repetitive movement;
* carpal tunnel syndrome, involving hand-held vibrating
tools;
* occupational asthma;
* tendonitis or tenosynovitis (types of tendon injury);
* hand-arm vibration syndrome (HAVS), including where the person's
work involves regular use of percussive or vibrating tools;
and
* occupational dermatitis;
* near misses (described in the Regulations as 'dangerous
occurrences'). The HSE has produced a list of the kinds
of incidents regarded as 'dangerous occurrences'.

 

The
Working Time Regulations 1998 (as
amended)

These regulations cover the right to
annual leave, breaks and a limit to the hours of a working week.
Protections for adult workers include:

- a 48-hour maximum working week. Employers have a contractual
obligation not to require a worker to work more than an average
48-hour week (unless the worker has opted out of this voluntarily
and in writing);

- minimum daily rest periods of 11 hours, unless shift-working
arrangements have been made that comply with the Regulations;
and
- an uninterrupted 20-minute daily rest break after six hours'
work, to be taken during, rather than at the start or end of the
working time.

- the right to 5.6 weeks' paid holiday each year, reduced
pro-rate for part-time workers.

- Employers have the right to ask their staff to enter into a
written agreement to opt out of the 48-hour limit, for a specific
period or indefinitely.

- However, if such an agreement is opted into, a worker is
entitled to bring the agreement to an end without the employer's
consent.

Extra protection is available to
young workers, aged 15 to 18. They:

- are entitled to a daily uninterrupted rest break of 30 minutes
after working more than 4.5 hours;

- are entitled to an uninterrupted 12-hour break in each 24 hour
period of work

- are entitled to weekly rest of at least 48 hours in each
seven-day period (and unlike adult workers, they cannot be made to
take this rest over two days averaged over two weeks); and

- cannot normally work more than eight hours a day or 40 hours a
week. These hours cannot be averaged out. There is no 'opt-out' for
young workers.

 

To find out more about health and
safety regulations in the workplace, you can read them yourself
here, or visit the TUC website.

Source: worksmart.org.uk

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