L2 - The Law PDF

THE LAW Defence School of Electronic and Mechanical Engineering  THE LAW For a long time now Britain’s health and safety law has come from Europe. Member states agree proposals from the European Commission and then they are responsible for ma...

THE LAW Defence School of Electronic and Mechanical Engineering  THE LAW For a long time now Britain’s health and safety law has come from Europe. Member states agree proposals from the European Commission and then they are responsible for making them part of their domestic law. Health and safety in Britain and the majority of Europe is based on the principle of risk assessments Here in the United kingdom we comply with; Health and Safety at Work etc Act 1974. Defence School of Electronic and Mechanical Engineering  LEGISLATION Why is health and safety legislation important? Employers have a moral responsibility to ensure appropriate working conditions are provided This is known as a common law duty of care Unsafe working conditions are likely to have an impact on production Loss of output leading to lowering of morale and motivation. Loss of sales turnover and profitability Society and customer expectations of a company’s approach to managing safety – health and safety culture Negative PR would have a damaging effect on any business Financial cost and loss of output Fines, damages, legal costs, insurance etc. Defence School of Electronic and Mechanical Engineering  THE LEGISLATIVE FRAMEWORK HASAW ACT 1974 (UK) The Act is general in nature There no reference to specific articles or substances The Act applies to all sectors Specific duties of care for: Manufacturers / suppliers of articles or substances Employers Employees The HSWA is an Enabling Act (umbrella) for specific regulations Status OF HSWA in UK: Legal Requirement International status of HSWA: Adopted as best practice, and requested by LEEA member companies. Defence School of Electronic and Mechanical Engineering  LEGISLATIVE STRUCTURE OF HEALTH AND SAFETY Primary legislation sets out governing principles Establishes an agency to enforce them, e.g. the HSE in the UK Subordinate legislation or regulations deal with particular industries and associated codes of practice – clarifying the standards to which entities must work In the UK the Health and Safety at Work etc. Act 1974 is supported by LOLER and PUWER Regulations 1998 and their respective Codes of Practice (L113 LOLER, L22 PUWER). Defence School of Electronic and Mechanical Engineering  THE MAIN PURPOSES OF THE HSWA 1974 The Health and Safety at Work Act covers nearly all occupations. It is designed to protect people at work including staff, visitors, contractors and members of the public. The HSWA supersedes nearly all of the previous health and safety laws in the UK The main purposes of the Act are as follows: To secure the health, safety and welfare of persons at work To protect other people from hazards arising from work To control the keeping and use of dangerous substances and materials, including explosives and highly flammable materials To control the emission of noxious substances from certain premises The HSWA sets out a framework of general duties, primarily on employers, but also on employees and the controllers of premises, and on designers, manufacturers, importers and suppliers in relation to articles and substances used at work. Defence School of Electronic and Mechanical Engineering  REGULATIONS Regulations are one form of delegated legislation made possible by section 15 of the HSWA which gives powers to the Secretary of State (UK) to make regulations for matters concerned with health and safety at work Regulations are not Acts of Parliament but do have the support of the law and therefore must be complied with Regulations are increasingly drafted by reference to European Directives There are many sets of regulations applying to health and safety. Some apply to all places of work and others are specific to particular industries, operations, substances, materials or premises. Here are some examples of such Regulations: The Manual Handling Operations Regulations 1992. The Control of Substances Hazardous to Health Regulations 2002. Defence School of Electronic and Mechanical Engineering  HASAW ACT 1974 SECTIONS The following sections will be covered for this phase from the HASAW Act 1974: Section 2 – Employers’ general duty (what an employer must do for you) Section 6 – Specific duties for designers, manufacturers, importers and suppliers Section 7 – Duty of employees at work (What you must do). Defence School of Electronic and Mechanical Engineering  HASAW ACT 1974 SECTION 2 Duties of the Employer: “Duty to ensure so far as is reasonably practicable, the health, safety and welfare at work of all his/her employees” Safe plant and systems of work Safe use, handling, storage and transportation of articles and substances Information, instruction, training and adequate supervision – (IITS) Safe place of work and a safe means of access and egress Safe working environment and adequate welfare facilities. Defence School of Electronic and Mechanical Engineering  HASAW ACT 1974 SECTION 6 Duties of Designers, Manufacturers, Importers and Suppliers: To ensure, so far as is reasonably practicable, that articles they design, construct, make, import, supply etc. are safe and without risk to health at all times e.g. when it is being set up, cleaned, used or maintained by someone at work To carry out or arrange such testing and examination necessary to perform the duties above To ensure that those supplying the item have adequate information about its designed and tested use. This includes essential conditions for dismantling and disposal Take steps to ensure, so far as is reasonably practicable, that those supplied are given updated information where it becomes known that the item gives rise to serious risk to health and safety. Defence School of Electronic and Mechanical Engineering  HASAW ACT 1974 SECTION 7 Duty of Employees: States that employees must not endanger themselves, or others, by their acts or omissions Employees must co-operate with their employers - as long as this does not lead to an increased risk to health and safety, or is an illegal act - so that employers can comply with their statutory duties This makes responsibility for safety a joint employer/employee effort. Defence School of Electronic and Mechanical Engineering  EUROPEAN MACHINERY DIRECTIVE Machinery Directive 2006/42/EC The European Directive is a directive to the member states of the European Community to introduce legislation with common requirements throughout the community. The directives are used to remove barriers to trade and introduce common safety requirements The Machinery Directive is largely based on risk assessments and use EU standards for critical features such as guards and emergency stops The Machinery Directive is implemented by the Supply of Machinery (Safety) Regulations in the UK. This regulation only applies to the manufacturer if he is based in the EEA, or the initial importer into the EEA if the manufacturer is based outside. Defence School of Electronic and Mechanical Engineering  SUPPLY OF MACHINERY (SAFETY) REGULATIONS 2008 – SM(S)R The Supply of Machinery (Safety) Regulations 2008, SI (Statutory Instrument) No 1597 implement the Machinery Directive and contain Essential Safety Requirements which the machinery, including lifting machines and lifting accessories, must meet. Manufacturers, importers (into the European Union) and suppliers placing such equipment on the market for service in the community have a duty to: Design, build and supply equipment that is safe and meets the Essential Safety Requirements Carry out such tests as may be necessary to ensure the requirements of the above are met Note: The Supply of Machinery (Safety) Regulations 2008 is to be amended/re-written to reflect BREXIT. For example; within the UK we will stop using the CE Mark and it will be replaced the UKCA Mark. This is already in affect and will come mandatory by 1st January 2023, all guidelines on the subject are on the government web site. Defence School of Electronic and Mechanical Engineering  SUPPLY OF MACHINERY (SAFETY) REGULATIONS 2008 – SM(S)R Maintain records of all calculations, tests and other relevant information that go to make up a Technical File which may be called upon by the enforcing authorities and which must demonstrate that the Essential Safety Requirements have been met Issue with each item of equipment information on the installation, maintenance , care and safe use. Issue a Declaration of Conformity and affix the CE mark, or issue a Declaration of Incorporation depending on its nature and intended use. In this context, if you manufacture or import (from outside the European Union) an item for your own use, you assume the full responsibilities of the manufacturer and must therefore meet all of the requirements of the Regulations. Defence School of Electronic and Mechanical Engineering  SUPPLY OF MACHINERY (SAFETY) REGULATIONS 2008 – SM(S)R To support the Machinery Directive, the Joint European Standards Organisation, CEN/CENELEC, has been producing Harmonised European Standards Most of these standards have been published but there are still some left in the pipeline. As and when they are published, they will supersede any existing British Standards or other European national standards covering the same products These Harmonised Standards have a special status in that products made to the standard are deemed to meet the essential health and safety requirements of the relevant Directives, and therefore the UK Regulations, in so far as the standard addresses such essential requirements. Defence School of Electronic and Mechanical Engineering  SUPPLY OF MACHINERY (SAFETY) REGULATIONS 2008 – SM(S)R They therefore provide a relatively easy way for manufacturers to know that their products meet the legal requirements and equally a convenient way for purchasers to specify their needs Following the publication of the new Machinery Directive 2006/42/EC in 2006, all the relevant Harmonised Standards have been amended to make reference to it. Defence School of Electronic and Mechanical Engineering  THE TECHNICAL FILE May contain drawings, calculations, quality control (Q.C.) procedures, copy of instructions, results of tests (prototype or routine) The file need not exist in hard copy, but needs to be able to be assembled in a reasonable time. Defence School of Electronic and Mechanical Engineering  Information required on the Declaration of Conformity Name and address of the responsible person making the declaration A description of the machinery parts The transposed standard (if any) used The declaration: “The equipment covered by this declaration satisfies all the applicable essential safety requirements of the machinery directive” Identity of the person signing the declaration. Defence School of Electronic and Mechanical Engineering  SM(S)R 2008 ref: 4.1.1 – 4.1.2.3 Lifting Equipment must be designed and built to sustain a static overload “Static test” means the test during which lifting machinery or a lifting accessory is first inspected and subjected to a force corresponding to the maximum working load multiplied by the appropriate static test coefficient and then re-inspected once the said load has been released to ensure that no damage has occurred Manually operated machines 1.5 x WLL Other machines 1.25 x WLL Lifting accessories 1.5 x WLL. Defence School of Electronic and Mechanical Engineering  SM(S)R 2008 ref: 4.1.1 – 4.1.2.3 Machinery must be capable of sustaining a dynamic overload “Dynamic test” means the test during which lifting machinery is operated in all its possible configuration at the maximum working load multiplied by the appropriate dynamic test coefficient with account being taken of the dynamic behaviour of the lifting machinery in order to check that it functions properly Machinery 1.1 x WLL Previous standards and directives have used different values therefore it is important to always consult manufacturer’s documentation for specific requirements. Defence School of Electronic and Mechanical Engineering  REQUIREMENTS OF THE SM(S)R FOR LIFTING MACHINES Lifting machines must also be supplied with instructions for:- Care and safe use Installation, commissioning and testing Maintenance and adjustments Limitations of use and possible misuse Noise and vibration emissions Training. Defence School of Electronic and Mechanical Engineering Defence School of Electronic and Mechanical Engineering  MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999 In addition to section 2 (2) c of the HSWA, the Management of Health and Safety at Work Regulations 1999 (MHSWR) require employers to ensure the effective planning, organisation, control, monitoring and review of preventive and protective measures. All these arrangements must be recorded and made known to employees. This is usually accomplished by the design of a company health and safety policy MHSWR underlines the requirements for employers to provide instruction and training Employers must ensure that their personnel are properly trained to use any equipment necessary in the course of their work, but the regulations also place an obligation on employees to undergo such training and follow the instructions given by their employer Operatives are required to only use equipment for which they are trained and to use it in the manner and for the purpose for which they have been trained. Defence School of Electronic and Mechanical Engineering  LEEA DEFINITION OF A COMPETENT PERSON The term ‘Competent Person’ has long been used in legislation. Current legislation uses it for a variety of duties to describe a person with the necessary knowledge, experience, training, skill and ability to perform the specific duty to which the requirement refers. There can therefore be several ‘Competent Persons’, each with their own duties and responsibilities, i.e. competent for the purpose The term has never been fully defined in law, but for the purpose of thoroughly examining lifting equipment. The LEEA definition of a Competent Person is a person having such practical and theoretical knowledge and experience of the equipment which is to be thoroughly examined, that will enable him/her to detect defects or weaknesses, which it is the purpose of the examination to discover and assess their importance to the safety of the equipment. Defence School of Electronic and Mechanical Engineering  LEEA DEFINITION OF A COMPETENT PERSON The Competent Person should have the maturity to seek such specialist advice and assistance as may be required to enable him/her to make necessary judgements and be a sound judge of the extent to which he/she can accept the supporting opinions of other specialists. He/she must be able to certify with confidence whether it is free from patent defect and suitable in every way for the duty for which the equipment is required. It is the view of LEEA that competency can be a corporate responsibility. Defence School of Electronic and Mechanical Engineering  PRIMARY ELEMENTS OF COMPETENCY As an employer you have a duty of care for your employees, so you need to provide the following: I - Information I - Instruction T - Training S - Supervision Note: LEEA Foundation Course and Advanced Programme certificates are not evidence, declaration or proof of competency. Defence School of Electronic and Mechanical Engineering  PRIMARY ELEMENTS OF COMPETENCY CPD Defence School of Electronic and Mechanical Engineering Defence School of Electronic and Mechanical Engineering  PUWER AND LOLER PUWER: Provision and Use of Work Equipment Regulations 1998 applies to all work equipment LOLER: Lifting Operations and Lifting Equipment Regulations 1998 applies to lifting equipment in addition to PUWER Both LOLER and PUWER apply to all sectors of industry Status of PUWER and LOLER; United Kingdom: Legal requirement International: Good practice demanded customers and local authorities, integral to the LEEA Code of Practice ACoPs L113 (LOLER) and L22 (PUWER) are available as a free pdf download at: www.hse.gov.uk. Defence School of Electronic and Mechanical Engineering  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. Defence School of Electronic and Mechanical Engineering  PUWER 1998 These regulations apply to all equipment which is used by an employee at work and must be complied with even though more specific regulations may apply Contains requirements for maintenance (Regulation 5) Equipment entering work place must comply with relevant directives Regulations require that equipment provided for use at work is: Suitable for the intended use Safe for use, maintained in a safe condition and, in certain circumstances, inspected to ensure this remains the case Used only by people who have received adequate information, instruction and training Accompanied by suitable safety measures, e.g. protective devices, markings and warnings. Defence School of Electronic and Mechanical Engineering  SUMMARY OF THE KEY REQUIREMENTS OF PUWER PUWER requires the employer to address risks or hazards of equipment from all dates of manufacture and supply. Equipment first provided for use after 31st December 1992 must comply with any ‘essential requirements’ Equipment may still present a hazard or risk if: application different from that originally envisaged; safety depends upon the way it is installed; technical mismatch between the supply side and user side legislation How does an employer check that equipment he has purchased complies with the requirements of PUWER? Locate the CE marking Obtain the EC declaration of conformity from the supplier. Defence School of Electronic and Mechanical Engineering  LOLER LOLER: Lifting Operations and Lifting Equipment Regulations 1998 applies to lifting equipment in addition to PUWER LOLER applies to all sectors of industry Status of LOLER United Kingdom : Legal requirement. International : Good practice demanded by customers and local authorities, Integral to the LEEA Code of Practise. Defence School of Electronic and Mechanical Engineering  LOLER KEY POINTS Regulation 4 Strength and stability Regulation 5 Lifting equipment for lifting persons Regulation 6 Positioning and installation Regulation 7 Marking of lifting equipment Regulation 8 Organisation of lifting operations Regulation 9 Thorough examination and inspection Regulation 10 Reports and defects Regulation 11 Keeping of information. Defence School of Electronic and Mechanical Engineering  REGULATIONS Reg 4 – Strength and Stability Requires the employer to ensure that the load they are planning to lift does not exceed the limits for strength and stability of the lifting equipment Reg 5 – Lifting Equipment for Lifting Persons Details the additional safeguards that must be considered when using lifting equipment to lift people Reg 6 – Positioning and Installation Details the considerations on where lifting equipment, both fixed and mobile equipment, should be sited. Defence School of Electronic and Mechanical Engineering  REGULATIONS Reg 7 – Marking of Equipment Requires all lifting equipment to be marked with its SWL and information that gives the items characteristics, e.g. grade, angle of use etc. Reg 8 – Organisation of Lifting Operations Clarifies that each lifting operation needs to be planned, supervised and carried out safely. Defence School of Electronic and Mechanical Engineering  REGULATIONS Reg 9 – Thorough Examination and Inspection Every employer shall ensure that before lifting equipment is put into service for the first time by him, it is thoroughly examined for any defect unless the lifting equipment has not been used before; and, in the case of lifting equipment for which an EC Declaration of Conformity should have been drawn up, the employer has received such declaration made not more than 12 months before the lifting equipment is put into service Maximum fixed periods for thorough examinations and inspection of lifting equipment as stated in regulation 9 of LOLER are: - Lifting Accessories 6 months Lifting Equipment 12 months Man-Riding Equipment 6 months The information to be contained in the report of thorough examination is given in schedule 1 of LOLER. Defence School of Electronic and Mechanical Engineering  REGULATIONS Reg 10 – Reports and Defects A person making a thorough examination for an employer under regulation 9 shall: Notify the employer forthwith of any defect in the lifting equipment which in his opinion is or could become a danger to persons As soon as is practicable make a report of the thorough examination in writing authenticated by him/her or on his/her behalf by signature or equally secure means and containing the information specified in schedule 1 to the employer; and where there is in his opinion a defect in the lifting equipment involving an existing or imminent risk of serious personal injury, send a copy of the report as soon as is practicable to the relevant enforcing authority Where there is in his opinion a defect in the lifting equipment involving an existing or imminent risk of serious personal injury, the Competent Person will send a copy of the report as soon as is possible to the relevant enforcing authority. In this case, an employer who has been notified of an imminent risk shall ensure that the lifting equipment is not used before the defect is rectified. Defence School of Electronic and Mechanical Engineering  REGULATIONS Reg 11 – Keeping of Information Where an employer obtaining lifting equipment to which these Regulations apply receives an EC declaration of conformity relating to it, he shall keep the declaration for so long as he operates the lifting equipment The employer shall ensure that the information contained in – Every report made to him under regulation 10(1)(b) is kept available for inspection I. In the case of a thorough examination under paragraph (1) of regulation 9 of lifting equipment other than an accessory for lifting, until he ceases to use the lifting equipment; II. In the case of a thorough examination under paragraph (1) of regulation 9 of an accessory for lifting, for two years after the report is made; Defence School of Electronic and Mechanical Engineering  MANUAL HANDLING REGULATIONS 1992 Defence School of Electronic and Mechanical Engineering  MANUAL HANDLING OPERATIONS REGULATIONS 1992 Refers directly to lifting operations and adds to the employer’s duties in Section 2 of the HSWA Requires an assessment to be made of any operation where loads are handled manually, or where manual effort is necessary, with a view to reducing the number of injuries that result from such operations: Task (T) Individual (I) Load (L) Environment (E) Requires the introduction of lifting appliances where the risks are high or if the operation can be made safer by their introduction. Defence School of Electronic and Mechanical Engineering  ELECTROMAGNETIC COMPATIBILITY REGULATIONS 2006 The Electromagnetic Compatibility Regulations 2006 is another European Directive with which electrically operated lifting equipment must comply. Defence School of Electronic and Mechanical Engineering  ELECTROMAGNETIC COMPATIBILITY REGULATIONS 2006 Another European Directive with which electrically operated lifting equipment must comply - the European Electromagnetic Compatibility Directive These regulations are concerned with the emission of, and susceptibility to, interference Manufacturers must build their equipment in such a way that it does not cause interference with other electrical equipment and so that it is not subject to the effects of interference emitted by other equipment. They must conduct any tests necessary to ensure that this is the case Whilst this is not a matter for the tester and examiner of lifting equipment, we should note that when the manufacturer affixes the CE mark to an item it implies that all the necessary directives have been complied with. The EC Declaration of Conformity for electrically operated lifting equipment should therefore refer to both the Machinery Directive and the Electromagnetic Compatibility Directive. Defence School of Electronic and Mechanical Engineering  WORK AT HEIGHT REGULATIONS 2005 Defence School of Electronic and Mechanical Engineering  WORK AT HEIGHT REGULATIONS 2005 The danger of people and materials falling affects not only those working at height, but also, and sometimes to a greater degree, those underneath Working at height is one of the biggest causes of fatalities and major injuries. Commonly, accidents are caused from falls from ladders and through fragile surfaces. Work at height means work in any place where, if there were no precautions in place, a person could fall a distance that could cause personal injury (for example a fall through a fragile roof) Employers and those in control of work at height must first assess the risks. Defence School of Electronic and Mechanical Engineering  WORK AT HEIGHT REGULATIONS 2005 Before working at height you must follow these simple steps: Avoid work at height where it is reasonably practicable to do so Where work at height cannot be easily avoided, prevent falls using either an existing place of work that is already safe or the right type of equipment Minimise the distance and consequences of a fall, by using the right type of equipment where the risk cannot be eliminated. Defence School of Electronic and Mechanical Engineering  WORK AT HEIGHT REGULATIONS UK The Work at Height Regulations 2005 have an influence on lifting practice They emphasise the need to avoid working at height if possible but, where it is necessary, they require the most suitable means of reducing and controlling the risk Consequently, this has affected the choice of equipment for some lifting operations. Defence School of Electronic and Mechanical Engineering  WORKING AT HEIGHT DO AND DO NOTS Do: As much work as possible from the ground Ensure workers can get safely to and from where they work at height Ensure equipment is suitable, stable and strong enough for the job, maintained and checked regularly Take precautions when working on or near fragile surfaces Provide protection from falling objects Consider emergency evacuation and rescue procedures. Defence School of Electronic and Mechanical Engineering  WORKING AT HEIGHT DO AND DO NOTS Do not: Overload ladders – consider the equipment or materials workers are carrying before working at height. Check the pictogram or label on the ladder for information Overreach on ladders or stepladders Rest a ladder against weak upper surfaces, e.g. glazing or plastic gutters Use ladders or stepladders for strenuous or heavy tasks, only use them for light work of short duration (a maximum of 30 minutes at a time) Let anyone who is not competent (who doesn’t have the skills, knowledge and experience to do the job) work at height. Defence School of Electronic and Mechanical Engineering  WOULD YOU ? Defence School of Electronic and Mechanical Engineering  REVOKED, REPEALED AND AMENDED LEGISLATION Prior to 5 December 1998, the Factories Act 1961 was the main legislation concerned with the use of lifting equipment and it was augmented by several sets of industry specific regulations. The Provision and Use of Work Equipment Regulations 1998 and the Lifting Operations and Lifting Equipment Regulations 1998 together repeal, revoke or amend and replace the requirements for lifting equipment given in the following: The Factories Act 1961 The Construction (Lifting Operations) Regulations 1961 The Shipbuilding and Ship-repairing Regulations 1960 The Docks Regulations 1988 The Mines and Quarries Act 1954 The Offshore Installations (Operational Safety, Health and Welfare) Regulations 1976 The Lifting Plant and Equipment (Records of Test and Examination etc.) Regulations 1992. Defence School of Electronic and Mechanical Engineering Defence School of Electronic and Mechanical Engineering  STANDARDS A published specification, setting a common language, and contains a technical specification or criteria. Designed to be used consistently. A rule, a guideline, or a definition Applied to many materials, products, methods and services helping to make life simpler and increase the reliability and effectiveness of goods and services Designed for voluntary use and do not impose any regulations, but laws may refer to a certain standard making compliance with them compulsory. Examples include: ISO Standards - (International standard used globally) BS - (British Standards, used mainly in the UK) EN - (Euronorm, used throughout Europe) ASME - (American Standards) DIN – (German Standards). Defence School of Electronic and Mechanical Engineering  STANDARDS Creating Standards Standards are usually created by a collective of appropriately experienced and qualified people whom function together as a committee. Details of proposed standards are agreed and a draft of the standard is released for anyone who has an interest in the standard to make comments about the contents. Once the reviews have finished, the standard may be published Defence School of Electronic and Mechanical Engineering  HARMONISED EUROPEAN STANDARDS (TRANSPOSED) For lifting equipment, these standards are made through the European Standards body CEN. The standards bodies of the member states (BSI in the UK) are then required to withdraw any conflicting standards and publish the Harmonised Standard as their national standard. A manufacturer can demonstrate compliance with the requirements of a Directive by working to Harmonised Standards in so far as the standards address the requirements CEN standards carry the prefix EN. In practice the standards bodies of the member states publish the standards with the additional prefix used for their national standards, e.g. in the UK they are published with the prefix BS EN and in Germany as DIN EN. The number of the standard and its content is then identical throughout Europe. However not all EN standards are Harmonised and it is necessary to refer to the standard to establish its relationship with Directives Transposed Harmonised European Standards, which are intended to remove technical barriers to trade and to be recognised throughout Europe and beyond. They enjoy a quasi-legal status under the European Directives and working to them is the easiest way for a manufacturer to demonstrate compliance with the ‘essential safety requirements’ addressed by the standard. Defence School of Electronic and Mechanical Engineering  STANDARDS The LEEA COPSULE (Code of Practice for the Safe Use of Lifting Equipment) aligns itself to, or quotes, Transposed Harmonised European (CEN) Standards, International (ISO) or National (BS) standards where they exist, as the COPSULE working group consider that these standards set a benchmark level of safety and performance in use. Defence School of Electronic and Mechanical Engineering  CODES OF PRACTICE A Code of Practice is a set of written rules which explains how people working in a particular profession should behave, or a set of standards agreed on by a group of professionals who do a particular job There are various types of Codes of Practice: ACoP (Approved Code of Practice) RCoP (Recommended Code of Practice) A ‘trade’ or ‘professional’ Code of Practice Technical Publications Safety Information Sheets. Defence School of Electronic and Mechanical Engineering  APPROVED CODES OF PRACTICE The Regulations which provide the detailed requirements in respect of the general duties set out in HSWA do not themselves specify how employers and others should meet those requirements. This is the role of the Approved Codes of Practice (ACoPs). They detail how to comply with the legal requirements ACoPs are issued by the Health and Safety Executive with the consent of the relevant government minister and following consultation with government departments, employers’ and employees’ organisations, and expert opinion in the subject area. Defence School of Electronic and Mechanical Engineering  APPROVED CODES OF PRACTICE There are ACoPs accompanying some of the health and safety regulations and they have a particular significance, in addition to simply providing guidance on how to comply with the requirements of the regulations. This lies in the fact that contravention of the advice in a code of practice is admissible in evidence to prove a breach of the statutory provisions as set out in HSWA itself and the associated regulations The introduction to ACoPs contains the following statement: “Although failure to comply with any provision of the code is not actually an offence, such a failure may be used in criminal proceedings as evidence that a person has contravened a regulation to which the provision relates. In such a case, however, it will be open to that person to satisfy the court that he has complied with the regulation in some other way”. Defence School of Electronic and Mechanical Engineering  APPROVED CODES OF PRACTICE It is important not to confuse Regulations with Approved Codes of Practice (ACoPs). ACoPs do not state legal requirements and, therefore, you cannot be prosecuted for failing to comply with any guidance contained in them. However, if you do not comply with them, this may be used as evidence of non- compliance with the Regulations, unless you can prove otherwise Examples of Approved Codes of Practice are: ACoP L113 - LOLER (Lifting Operations and Lifting Equipment Regulations) ACoP L22 - PUWER (Provision and Use of Work Equipment Regulations). Defence School of Electronic and Mechanical Engineering  LEEA COPULES COPSULE is a Recommended Code of Practice First published in 1981, the Code has expanded in stages as more sections have been added The 8th Edition (Revised 2015) reflects the changes to legislation arising from the new European Machinery Directive which came into force on 29th December 2009 and includes a new section dealing with electric overhead travelling cranes COPSULE is a practical guide covering manual and power operated lifting machines and structures, such as jib cranes and mobile gantries, together with a wide range of below hook equipment, from general purpose slings and lifting accessories, to the various types of vacuum and magnetic lifters. Defence School of Electronic and Mechanical Engineering  GUIDANCE NOTES Additional guidance on particular Regulations is also provided in Approved Codes of Practice The guidance materials from the HSE provide a further source of advice on effective measures which may be taken to meet the requirements of the corresponding Regulation Summary As we have already seen in Module 1 (Legislation), the HSWA is an Enabling Act. That is, it prescribes general duties only and doesn’t say exactly what employers and others are required to do in order to meet those duties. Defence School of Electronic and Mechanical Engineering  GUIDANCE NOTES The detail is provided by the Regulations. These provide exact specifications of what those who have duties under the Act are required to do to. However, whilst they tell you what you have to do, they do not tell you how to do it The detail of this is provided by Approved Codes of Practice. These set out exactly how the requirements of the regulations may be complied with. Those responsible under the Act do not have to do things in exactly the way specified by the ACoP but, if they do not, they have to be able to show that the way in which they are operating has the same effect of meeting the requirements. Defence School of Electronic and Mechanical Engineering  LAW Regulations MHSWR 1999 SM(S)R 2008 LAW PUWER 1998 LOLER 1998 PUWER 1998 QUASI ACOP L22 LEGAL LOLER 1998 L113 NO GUIDE PUWER 1998 EHSRs STATUS LOLER 1998 HARMONISED MACHINE STANDARDS DIRECTIVE GUIDE BEST PUWER 1998 LOLER 1998 2006 PRACTICE D of C C of C Defence School of Electronic and Mechanical Engineering  REFERENCE(S) Health and Safety at Work Act 1974 Management of Health and Safety at Work Regulations 1999 Supply of Machinery (Safety) Regulations 2008 The Machinery Directive 2006/42/EC Provision & Use of Work Equipment Regulations (1998) Lifting Operations and lifting Equipment Regulations (1998) Manual Handling Regulations 1992 Electromagnetic Compatibility Regulations 2006 Working at Height Regulations 2005. Defence School of Electronic and Mechanical Engineering