Introduction
The management of health and safety at work regulations of 1999, set out a range of broad duties. These apply to almost all work activities in Great Britain, both on and off shore.
The aim of these regulations is to improve the management of health and safety in the workplace. They are often seen a more explicit way of making clear what is required of employers, under the health and safety at work act of 1974.
Suitable and sufficient risk assessments are the cornerstone of this regulation. It is therefore essential that employers get risk assessments right, as everything else flows from it.
Requirements on employers
Assess the risks to the health and safety of employees and to anyone else who may be affected by their work activity. This is so that the necessary preventive and protective measures can be identified. Employers with five or more employees have to record the significant findings of the assessment.
Regulation 3 – The Management of Health and Safety at Work Regulations, 1999
Ensure that the principles of prevention are applied. In practice, start by avoiding risk and then assess, reduce and control any remaining risk that cannot be avoided.
Regulation 4 – The Management of Health and Safety at Work Regulations, 1999
Make arrangements for putting into practice the health and safety measures that follow from the risk assessment. This will have to cover planning, organisation, control, monitoring and review of the protective and preventative measures. Again, employers with five or more employees will have to record their arrangements.
Regulation 5 – The Management of Health and Safety at Work Regulations, 1999
Provide appropriate health surveillance for employees where the risk assessment shows it to be necessary.
Regulation 6 – The Management of Health and Safety at Work Regulations, 1999
Appoint one or more competent people (preferably from within the organisation rather than an outside consultant) to help in undertaking the measures to comply with the requirements and prohibitions imposed by or under the relevant statutory provisions. Where more than one competent person is appointed, the employer shall make arrangements for ensuring adequate co-operation between them. The competent person(s) must have time available to fulfil their functions and be provided with the necessary information. They must also have adequate means available at their disposal.
Regulation 7 – The Management of Health and Safety at Work Regulations, 1999
Identify danger areas and have procedures in place to deal with serious and imminent danger. Appoint competent persons to take charge and implement evacuation procedures.
Regulation 8 – The Management of Health and Safety at Work Regulations, 1999
Liaise with the external services when drawing up emergency procedures, etc.
Regulation 9 – The Management of Health and Safety at Work Regulations, 1999
Provide employees with comprehensible information about specific health and safety matters. For example: the results of risk assessments and the introduction of control measures, the names of competent persons appointed to assist the employer and the names of persons placed in charge of evacuation procedures, etc.
Regulation 10 – The Management of Health and Safety at Work Regulations, 1999
Cooperate with other employers sharing the work site.
Regulation 11 – The Management of Health and Safety at Work Regulations, 1999
Ensure comprehensible information and instruction is provided to other employers, the self-employed and employees of other employers working in the workplace.
Regulation 12 – The Management of Health and Safety at Work Regulations, 1999
Ensure that employees have adequate health and safety training and are sufficiently capable at their jobs to avoid risks.
Training required: on induction, when job responsibilities change, upon the introduction of new technology or new systems of work. Refresher training to be provided. All training to be within normal working hours.
Regulation 13 – The Management of Health and Safety at Work Regulations, 1999
Provide temporary workers with some particular health and safety information to meet special needs.
Regulation 15 – The Management of Health and Safety at Work Regulations, 1999
Carry out specific risk assessments relating to new or expectant mothers.
Regulation 16 – The Management of Health and Safety at Work Regulations, 1999
Obtain a certificate from a registered medical practitioner concerning new or expectant mothers.
Regulation 17 – The Management of Health and Safety at Work Regulations, 1999
Protection of young persons, including the need to carry out specific risk assessment and to take into account their age, lack of maturity and inexperience, etc.
Regulation 19 – The Management of Health and Safety at Work Regulations, 1999
Requirements on employees
Extend the duties on employees, as contained in Section 7 of the Health and Safety at Work Act 1974, to follow health and safety instructions, to report serious and imminent danger and to point out any shortcomings in their employer’s arrangements. These duties are limited by the training and instruction that the employee has received.
Regulation 14 – The Management of Health and Safety at Work Regulations, 1999
New and expectant mothers need to notify their employer of their condition.
Regulation 18 – The Management of Health and Safety at Work Regulations, 1999