Health and Safety at Work Act 1974 Quiz

Health and Safety Legislation

• The Health and Safety at Work etc Act 1974 is the primary legislation for health and safety in the UK
• It is based on the principle of risk assessments
• Legislation is often updated or changed based on European Directives

Legislation Importance

• Employers have a moral responsibility to ensure safe working conditions
• Unsafe working conditions impact production, morale and motivation, and profitability
• Negative public perception can damage a company's image
• Financial costs, such as fines, damages, legal fees, and insurance, are associated with poor safety standards

HASAW Act 1974 (UK)

• The act is a general nature covering all sectors
• It doesn't specify articles or substances
• Specific duties are outlined for manufacturers, suppliers, employers and employees

Legislative Structure of Health and Safety

• Primary legislation sets out overarching safety principles
• Agencies like the HSE implement and enforce these principles
• Subordinate legislation and regulations tailor the standards to specific industries (e.g. LOLER, PUWER)

Main Purposes of HSWA 1974

• Securing the health, safety, and welfare of workers
• Protecting others from workplace hazards
• Controlling the handling and use of hazardous materials, like explosives
• Controlling the release of noxious substances

Regulations

• Regulations are a type of delegated legislation in the UK
• They are not Acts of Parliament.
• They have the force of law because they are created based on existing legislation
• The regulations are frequently drafted by reference to European Directives

Examples of Regulations

• Manual Handling Operations Regulations 1992
• Control of Substances Hazardous to Health Regulations 2002

HASAW Act 1974 Sections

• Section 2 - Employers' general duties
• Section 6 - Specific duties for designers, manufacturers, importers, and suppliers
• Section 7 - Duty of employees at work

HASAW Act 1974 Section 2

• Duty to ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees
• Safe plant and systems of work
• Safe use, handling, storage, and transportation of articles and substances
• Information, instruction, training, and adequate supervision
• Safe place of work and safe access and egress
• Safe working environment and adequate welfare facilities

HASAW Act 1974 Section 6

• Designers, constructors, manufacturers, importers, and suppliers must ensure, as far as reasonably practicable, that articles are safe at all times
• Testing and examination are required if necessary to fulfil the above
• Ensuring proper information about the use of the item, including safe procedures for dismantling and disposal
• Supplying updated information about the risks associated with the article is a duty

HASAW Act 1974 Section 7

• Employees have a responsibility to not endanger themselves or others
• Employees must cooperate with employers, except in cases of illegal or increased safety risk
• This emphasizes a shared responsibility for workplace safety

Machinery Directive 2006/42/EC

• A European directive introduced common safety requirements throughout the European Union
• Machinery is largely based on risk assessments using EU standards
• This regulation primarily applies to manufacturers in the EEA or the initial importer from outside the EEA

Supply of Machinery (Safety) Regulations 2008 (SM(S)R)

• Implements the Machinery Directive
• Manufacturers, importers, and suppliers have a duty to build safe machinery and carry out safety tests.

SM(S)R 2008 Sections

• Proper design, construction, and supplying of lifting equipment
• Carrying out necessary tests for required safety measurements.

The Technical File

• The document provides information, calculations, quality control procedures, instruction copies, and test results.

Declaration of Conformity

• Contains the name and address of the responsible party
• Describes the machinery
• The "equipment meets all applicable essential safety requirements of the machinery directive" statement.
• The identity of the person signing the declaration

SM(S)R 2008 - Lifting Equipment

• "Static test" is a test in which machinery is inspected under maximum working load, and then again once the load is released to ensure no damage has occurred
  • Lifting Equipment: 1.5 x WLL (Working Load Limit)
  • Other Machines: 1.25 x WLL
• "Dynamic test" is a test in which machinery is operated in all possible configurations at the maximum working load times relevant dynamic factors to ensure the machinery functions properly
  • Machinery: 1.1 x WLL

Lifting Machine Requirements

• The standards require instructions for safe use, installation, commissioning, testing, maintenance, potential misuses, noise and vibration, and employee training.

Management of Health and Safety at Work Regulations 1999 (MHSWR)

• Employers must plan, organize, control, monitor, and review preventive and protective measures
• Training and instruction must be provided for all employees
• Employees are required to only use equipment for which they have been trained

LEEA Definition of a Competent Person

• A competent person has the knowledge, experience, training, skills, and ability to perform assigned duties related to lifting equipment.

Primary Elements of Competency

• Information, instruction, training, and supervision are crucial for competent workers

PUWER and LOLER

• PUWER (Provision and Use of Work Equipment Regulations 1998) covers all work equipment
• LOLER (Lifting Operations and Lifting Equipment Regulations 1998) specifically addresses lifting equipment

PUWER Key Regulations

• Regulation 4: Suitability of work equipment
• Regulation 5: Maintenance
• Regulation 6: Inspection
• Regulation 7: Specific risks
• Regulation 8: Information and instructions.
• Regulation 9: Training.

PUWER 1998

• Must comply with regulations, which relates to all equipment at work
• Equipment must be suitable and maintained properly.
• Specific rules and guidelines regarding use when maintaining safe equipment.

LOLER Key Points

• Regulation 4: Strength and stability
• Regulation 5: Lifting persons
• Regulation 6: Positioning and installation
• Regulation 7: Marking lifting equipment
• Regulation 8: Organisation of lifting operations
• Regulation 9: Thorough examination and inspection
• Regulation 10: Reports and defects
• Regulation 11: Keeping information

LOLER

• Requiring thorough inspection and examination before use.
• Establishing timeframes for inspection and examination.
• Reporting requirements
• Proper documentation is required when handling equipment.

Manual Handling Operations Regulations 1992 (MHOR)

• Refers to lifting operations involving manual effort
• Requires risk assessment to reduce injuries related to manual lifting
• Consideration for the task, individual, load, and environment.
• Introduction of lifting appliances to reduce risk is also necessary.

Electromagnetic Compatibility Regulations 2006

• Addresses electrical interference in electrically operated machinery.
• Manufactures must ensure their equipment doesn't interfere with other electrical systems
• Equipment must be tested for susceptibility to interference from other equipment

Work at Height Regulations 2005

• These regulations cover any work at height where a person could potentially fall
• Employer responsibility to assess risks before work commences
• The rules encourage strategies to avoid working at height if it is feasible
• Employer responsibility to mitigate possible risks through proper equipment, safety training and procedure implementation

Work at Height 2005 Do's

• Work as much as possible from the ground
• Ensure safe access and egress
• Ensure suitable equipment
• Take precautions when using fragile surfaces or objects
• Provide safety equipment, such as protective devices
• Have emergency evacuation and rescue plans in place

Work at Height 2005 Don'ts

• Overloading equipment
• Overreaching while using lifting equipment
• Resting lifting equipment on unstable surfaces
• Lifting heavy loads

Revoked, Repealed, and Amended Legislation

• Prior to 1998, many Acts and regulations were in place
• The 1998 Regulations changed much of the previous requirements
• The new legislation revoked many regulations

International and British Standards

• Various standards have been created to set benchmarks for safety and performance.
• These standards, developed internationally and by countries and organizations like CEN/CENELEC (Europe), BSI (UK), DIN (Germany), and ASME (USA), are used as a benchmark of good practice to help ensure safety.

Creating Standards

• Standards are prepared by experts through discussions, drafting, feedback, and publication processes

Harmonised European Standards

• The European standardisation body CEN creates these harmonised European standards
• They provide a harmonised set of standards throughout Europe to help streamline procedures across countries and companies
• They are used for lifting equipment to help eliminate technical barriers to trade

Codes of Practice

• Detailed guidance for practical adherence to regulations; not technically mandatory but can be used as evidence of compliance
• Sets an example of expected behaviours for employees and businesses.

Approved Codes of Practice (ACoPs)

• Guidelines on how regulations standards should be put into action
• Provided by the Health and Safety Executive (HSE)
• ACOPs are not law, but if a legal issue arises, the inability to comply with an approved code of practice may be admissible in court.

Guidance Notes

• Additional guidance on specific regulations and standards is offered through publications.
• Provides valuable additional information that may bolster or assist in understanding regulation compliance.

Enabling Act

• Enabling Legislation specifies general duties only
• Approved Codes of Practice provide details on exactly how regulations should be adhered to.

Test your knowledge about the Health and Safety at Work etc Act 1974 with this quiz. Learn about significant impacts of unsafe working conditions and the responsibilities of employers. Explore the concepts of common law duty of care and subordinate legislation in the context of health and safety.