Health and Safety Legislation PDF

1. Legislation Moral, Legal and Financial Reasons for Health and Safety Legislation 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...

1. Legislation Moral, Legal and Financial Reasons for Health and Safety Legislation 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 public relations would have a damaging effect on any business Financial cost from loss of output:  Fines  Damages  Legal costs  Insurance Etc. The Legislative Framework Health and Safety at Work etc. Act 1974 (UK) 5  The act is general in nature  There is 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 health and safety at work act (HSWA) is an enabling act for specific regulations Status in UK: legal requirement. International: adopted as best practice, and requested by LEEA member companies. Notes: The Main Purposes of the HSWA ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 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 set out in section 1 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 It 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. Regulations from the HSWA Regulations are one form of delegated legislation made possible by section 15 of 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. 6 Regulations are increasingly drafted by reference to European Directives (these will be discussed at a later stage in this module). 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 a couple examples of such regulations:  The Manual Handling Operations Regulations 1992  The Control of Substances Hazardous to Health Regulations 2002 Health and Safety at Work Act 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  Safe place of work and a safe means of access and egress ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3   Safe working environment and adequate welfare facilities Health and Safety at Work Act 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 Health and Safety at Work Act Section 7 Duties of the Employees  States that employees must not endanger themselves, or others, by their acts or omissions  Also, they 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 7 This makes responsibility for safety a joint employer/employee effort Management of Health and Safety at Work Regulations 1992 (Revised 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 ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 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. 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. Primary Elements of Competency Information Instruction Training 8 Supervision Note: LEEA Foundation Course and Advanced Programme certificates are not evidence, declaration or proof of competency. Notes: What are the Required Elements of Competency? ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Risk Assessment What is, “Risk Assessment”? 9 Put simply, it is a careful examination of what, in your work, could cause harm to people, so that you can weigh up whether you have taken enough precautions or should do more to prevent harm. What are the 3 main reasons to assess and manage risk? Human Harm - Injury and illness. Legal Effects - Duty of care and consequences of unsuitable or insufficient risk management. Economic Effects - Substantial financial costs are related to accidents at work. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Definitions Hazard A hazard is something (object or situation) that has the potential to cause harm. Danger A liability or exposure to harm; something that causes peril. Likelihood How likely is it that someone could be harmed by the hazard? Severity If the potential for harm was to occur, how severe would the accident be. Risk (a Combination of Likelihood and Severity) Risk is the likelihood that the harm from the hazard is realised. Net Result (Risk) = Likelihood x Severity i.e. How likely x How severe the consequence Notes: 10 ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 5 Steps to Risk Assessment Identify the hazards Decide who might be harmed and how Evaluate the risks and decide on control measures Record your findings and implement them Review your assessment and update if necessary Control Measures: Hierarchy of control measures: (ERIC-PD) Eliminate Reduce Isolate Control PPE 11 Discipline -------------- Monitor and Review Ensure control measure compliance (discipline) Be vigilant - note changes: Additional hazards presented? E.g. traffic, pedestrians etc., changes in production activity Record your findings and change the risk assessment as necessary. This may result in the requirement for additional control measures. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Are You Following a ‘Safe System of Work’?  You have identified the hazards  You have decided who may be harmed  You have evaluated the risks and decided control measures  You have recorded your findings  You will review and monitor the situation If you have completed the above checklist, you are now following a “Safe System of Work” The European Machinery Directive A European directive is a directive to the member states of the European community, which has been adopted by the council of ministers, 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 assessment and use of European standards for critical features such as guards and emergency stops. Machinery directive provides the harmonisation of the essential health and safety requirements (EHSRs) for machinery. It applies only to products that are intended to be placed on or put into service in the market for the first time. What is a ‘Machine’? 12 "An assembly, fitted with or intended to be fitted with a drive system other than directly applied human or animal effort, consisting of linked parts or components, at least one of which moves, and which are joined together for a specific application". Note: As an example, a manual slew jib without hoist that could be fitted inside an offshore service container would not be within the scope of the Directive. The example below shows the hoist fitted to the slew jib so would be within the scope of the directive. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Supply of Machinery (Safety) Regulations 2008 – SM(S)R The Machinery Directive is implemented in the United Kingdom under the Supply of Machinery (Safety) Regulations. The Supply of Machinery (Safety) Regulations 2008, SI 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  To carry out such tests as may be necessary to ensure the requirements of above are met  To 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 o 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 To support the machinery directive, the joint European Standards Organisation, CEN/CENELEC, has been producing Harmonised European Standards. 13 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. 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. The Technical File The Essential Health and Safety Requirements that apply to the lifting equipment:  A description of the methods used to eliminate these hazards or reduce risks  The standards used in the design; information from the user  Design information (calculations, drawings, procedures, etc.)  Material traceability; tests reports and instructions for use ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Aligned to the requirements of the Machinery Directive, the Supply of Machinery (Safety) Regulations state that lifting equipment must be designed and built to sustain a static overload of: Manually operated machines: 1.5 x WLL Other machines: 1.25 x WLL Lifting accessories: 1.5 x WLL Machinery must be capable of sustaining a dynamic overload of: - 1.1 x WLL Previous standards and directives have used different values therefore it is important to always consult manufacturers documentation for specific requirements. 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 14  Training PUWER and LOLER Regulations Provision and Use of Work Equipment Regulations 1998 (PUWER)  Applies to all work equipment Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)  Applies to lifting equipment in addition to PUWER Both PUWER and LOLER apply to all sectors of industry. Status of PUWER and LOLER United Kingdom: legal requirement International: good practice demanded by customers and local authorities, integral to the LEEA code of practice Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 The Essentials of PUWER PUWER places duties on the employer to ensure that:  It is the duty of the employer to ensure that work equipment coming into his undertaking meets with any EHSRs and in the case of lifting equipment this would be of directive 2006/42/EC  Work equipment is suitable for the purpose for which it is to be used  The working conditions and risk to health and safety of personnel in which the work equipment is used is to be considered  Equipment is suitably maintained and a log kept up to date  Equipment is inspected on a regular basis (refer to LOLER)  All inspection and maintenance records are kept and recorded  All persons using work equipment have sufficient information pertaining to its use, e.g. operating manuals and guides to safe use PUWER requires 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’ 15 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 Employers can ensure compliance by checking:  CE marking  EC declaration of conformity Note: Offshore container standards slightly differ and require a Certificate of Conformity PUWER requires that, when providing equipment for use at work the purchaser obtains equipment complying with the relevant European Directives. e.g. In the case of offshore containers requesting the Certificate of Conformity which shows compliance with BS EN 12079 will ensure that the offshore containers meet this requirement. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Provision and Use of Work Equipment Regulations (PUWER) Regulation 4 Suitability of Work Equipment Regulation 5 Maintenance Regulation 6 Inspection Regulation 7 Specific Risks Regulation 8 Information and Instructions Regulation 9 Training Summary of the Key Requirements of PUWER PUWER requires 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 16 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 Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Lifting Operations and Lifting Equipment (LOLER) 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 ----------------- Regulation 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. Regulation 5 Lifting Equipment for Lifting Persons 17 Details the additional safeguards that must be considered when using lifting equipment to lift people. Regulation 6 Positioning and Installation Details the considerations on where lifting equipment, both fixed and mobile equipment, should be sited. Regulation 7 Marking of Lifting 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. Regulation 8 Organisation of Lifting Operations Clarifies that each lifting operation needs to be planned, supervised and carried out safely. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Regulation 9 Thorough Examination and Inspection Before lifting equipment is put into service for the first time it is thoroughly examined for any defect unless the lifting equipment:  Is less than 12 months old  Owner holds the original DOC  Equipment that has not been used before will require thorough examination when entering service if the DOC is older than 12 months. Equipment can be damaged during long periods within the supply chain 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  People Carrying Equipment 6 months Or in accordance with a written scheme of examination. Or each time that exceptional circumstances which are liable to jeopardise the safety of the lifting equipment have occurred. The information to be contained in the report of thorough examination is given in schedule 1 of LOLER. 18 Minimum Requirements for a Report of Thorough Examination – Schedule 1 of LOLER  The name and address of the employer for whom the thorough examination was made  The address of the premises at which the thorough examination was made  Particulars sufficient to identify the equipment including where known its date of manufacture  The date of the last thorough examination  The safe working load of the lifting equipment or (where its safe working load depends on the configuration of the lifting equipment) its safe working load for the last configuration in which it was thoroughly examined  In relation to the first thorough examination of lifting equipment after installation or after assembly at a new site or in a new location: o That it is such thorough examination; o (If such be the case) that it has been installed correctly and would be safe to operate  In relation to a thorough examination of lifting equipment other than a thorough examination to which paragraph 6 relates – ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3   Whether it is a thorough examination: o Within an interval of 6 months under regulation 9(3)(a)(i) o Within an interval of 12 months under regulation 9(3)(a)(ii) o In accordance with an examination scheme under regulation 9(3)(a)(iii) o After the occurrence of exceptional circumstances under regulation 9(3)(a)(iv)  (If such be the case) that the lifting equipment would be safe to operate  In relation to every thorough examination of lifting equipment: o identification of any part found to have a defect which is or could become a danger to persons, and a description of the defect o particulars of any repair, renewal or alteration required to remedy a defect found to be a danger to persons  In the case of a defect which is not yet but could become a danger to persons - o The time by which it could become such a danger o Particulars of any repair, renewal or alteration required to remedy it  The latest date by which the next thorough examination must be carried out  Where the thorough examination included testing, particulars of any test  The date of the thorough examination  The name, address and qualifications of the person making the report; that he/she is self-employed or, if employed, the name and address of his employer 19  The name and address of a person signing or authenticating the report on behalf of its author  The date of the report Model report of thorough examinations are available for LEEA members on the LEEA website. Written Schemes of Examination The Lifting Operations and Lifting Equipment Regulations 1998 permits a scheme of examination, drawn up by a competent person, as an alternative to the fixed maximum periods. The benefit of an examination scheme is that, by focusing on the most safety critical areas, the examinations can be carried out the most cost effective way. This may provide a means of reducing examination costs, however, it may also provide a means of enhancing safety without increasing costs. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Information for Written Schemes of Examination The written scheme of examination should contain at least the following information:  The name and address of the owner of the lifting equipment  The name and contact details of the person responsible for the equipment. If responsibility is divided, e.g. between maintenance and operations, there may be more than one name, however it should be clear who should be notified in the event of a dangerous or potentially dangerous defect and to whom reports should be sent  The name, qualifications and address of the person drawing up the scheme. If the competent person is not working on their own account, the name of their employing organisation and their position in that organisation should be given  The identity of the equipment, i.e. a description including the make, model and unique identity number  The location of the equipment if it is a fixed installation or the location where it is based for portable and mobile equipment  Details of any information or references used in drawing up the scheme. For example the manufacturer’s manual, expected component life, or specific information on the design life of the crane structure and mechanisms as detailed in clause 7 of ISO 12482-1  The basis for the scheme. For example, is it based on hours of service, duty monitoring, examining 20 certain parts or components at different intervals to other parts?  Details of any data logging system fitted, including a list of the parameters monitored and the means of data retrieval, monitoring and storage  What determines when the thorough examination shall take place and who is responsible for monitoring that and instigating the examination?  Identification of the safety critical parts requiring thorough examination  A risk assessment should take account of: o The condition of the equipment o The environment in which it is to be used o The number and nature of lifting operations and the loads lifted o The details of any assumptions about usage, expected component life Etc.  The frequency of thorough examination of those parts identified as safety critical taking into account the degree of risk associated with each part. This may include time or loading or duty cycle limits and vary for different parts of the equipment. Where the scheme is based on such criteria, we recommend that a maximum period between thorough examinations is always specified as equipment can deteriorate whether used or not ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3   The method of examination of those safety critical parts, which may include the degree of dismantling required and the techniques employed e.g. visual examination, measurement, NDT, operational test, load test  The rejection criteria or a reference to where this information may be found  An indication of the resources required to prepare the equipment and carry out the thorough examination. This may include qualified personnel, workshop facilities, specialist NDT and metallurgical facilities  Any changes to equipment condition, operational or environmental parameters that will require a review of the scheme by the competent person. These may include damage to the equipment, change of use from general duty to heavy duty or moving from an inland location to a marine environment  A requirement for the person responsible for the equipment to monitor its circumstances of use and inform the competent person who drafted the scheme of any changes  The date of drawing up the scheme and the date at which any routine review is required Further information on written schemes of examination can be found in the LEEA COPSULE Edition 8 Appendix 1.8. Lifting Operations and Lifting Equipment Regulations (LOLER) Regulation 10 Reports and Defects 21 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. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Regulation 11 Keeping of Information An employer obtaining lifting equipment shall:  Keep the EC Declaration of Conformity for so long as they operate the lifting equipment  Ensure that the information contained in every report is kept available for inspection In the case of a thorough examination for lifting equipment:  Until he ceases to use the lifting equipment In the case of a thorough examination for lifting accessories:  For two years after the report is made LOLER and the Tester/Examiner LOLER refers to ‘Thorough Examination and Inspection’ of which a test may be part. A report of thorough examination to include details of any tests carried out. The duties of the Competent Person include ensuring that:  Lifting equipment has been thoroughly examined before it enters service  Second-hand, hired or borrowed equipment has a current examination report before it is used 22 And, where safety of equipment depends upon installation:  That it has a thorough examination after it has been installed  That it has a thorough Examination after it has been assembled Manual Handling Operations Regulations 1992  Refers directly to lifting operations and adds to the employers 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: o Task o Individual o Load o Environment  Requires the introduction of lifting appliances where the risks are high or if the operation can be made safer by their introduction ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Working at Height The danger of people and materials falling affects not only those working at height, but also 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. 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 Working 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. 23 Consequently, this has affected the choice of equipment for some lifting operations. ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 Dos and Do Nots of Working at Height 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 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) to work at height Working at Height – A Brief Guide Please read the HSE document: “Working at Height – A Brief Guide”, available at www.hse.gov.uk 24 Electricity at Work Regulations The Electricity at Work Regulations apply to almost all places of work. The Regulations were enacted to impose duties to limit the risks involved with using electricity at work. The following people are subject to the Regulations:  Employers and the Self-Employed  Employees The duties under the Regulations are not just in relation to employers but also place a duty on employees in the following circumstances:  To co-operate with his employer so far as is necessary to enable any duty placed on that employer by the provisions of these Regulations to be complied with  To comply with the provisions of these Regulations in so far as they relate to matters which are within his control  Many employees in the electrical trades and professions for example have responsibilities which are part of the duties of their employment of safety in relation to the installation of electrical equipment and systems The definition of electrical equipment provided by the regulations includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy. ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 For further information, please read the HSE documents: “The Electricity at Work Regulations 1989 – Guidance on Regulations” and “Electricity at Work – Safe Working Practices”. These can be found at www.hse.gov.uk. The Electromagnetic Compatibility Directive In order to facilitate a single European market for goods some 20 years ago the European Union began what is described as the 'New Approach'. A number of Directives were adopted with the aim of setting objectives for the harmonisation of technical rules, primarily but not exclusively, affecting the health and safety of new products by design and construction. The principal aim of the 'New Approach' was to remove barriers to trade by requiring all products to meet common minimum health and safety objectives, which would be supported by agreed standards at the product level. The Electromagnetic Compatibility Directive 2004/108/EC (EMC) will apply to equipment with an electrical aspect, primarily to prevent interference with other electrical equipment and its own immunity from such disturbance. The Electromagnetic Compatibility Regulations The EMC Directive is implemented in the UK by the Electromagnetic Compatibility Regulations which apply to electrical and electronic equipment liable to cause or be affected by electromagnetic disturbance. 25 The aim of the regulations is to ensure that electromagnetic disturbance generated by electrical or electronic equipment doesn’t reach levels which would prevent radio, telecommunications and other equipment from working properly. They also exist to ensure that such equipment itself has adequate immunity from electromagnetic disturbance. The rules don’t deal with safety-related matters. 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. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3 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 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 LEEA COPSULE – Methods of Operation Whilst the LEEA COPSULE does not include operation of powered equipment, users should be reminded of the need for power systems to be installed, maintained and examined in accordance with the relevant regulations, e.g. The Electricity at Work Regulations, The Pressure Systems Safety Regulations etc., and their need to meet any obligations these regulations impose. Power operated equipment has the advantages of quicker operation than with manually operated equipment, often operatives can be remote from the load and heavier loads can be handled conveniently 26 without operative fatigue. In summary, where no power source is available, light loads are to be lifted, infrequent operation is called for or precision placement of the load is required, manual operation may be considered. Where heavy loads are to be lifted, frequent operation is called for or a more rapid operation is necessary power operation should be considered. Summary In this module, we have looked at the various laws that are applicable to lifting equipment and it’s examination in the United Kingdom. Examiners of lifting equipment should always make themselves familiar with the national regulations of the country in which they are operating. Failure to do so may lead to prosecution, due to breaches of the law. Notes: ©LEEA Academy Overhead Travelling Cranes – Step Notes – Apr 2017 – v1.3