Health and Safety Legislation

Organisations, and individuals therein, that fail to take responsibility for health and safety are subject to criminal prosecution and/or civil action.

Employers have legal, moral and financial reasons to ensure that they safeguard the health, safety and welfare of their employees (including employees of contractors that may be engaged in activities on their behalf) as well as third parties that may be affected by their undertakings.

Despite a plethora of legislation having been produced over the years the basic guiding principle is that a duty of care exists. Every effort must be made by all concerned parties to prevent incidents and accidents, a responsibility which cannot be reduced by ignorance or, more commonly, by attempting to pass it onto another party.

Listed below are extracts from the more common pieces of legislation relevant to organisations engaged directly, or indirectly, in work at height. The list is not exhaustive and further reading is essential; reference to Approved Codes of Practice (ACoPs) is highly recommended.

 

Primary Legislation

The Health & Safety Work Act 1974
This was produced as an ‘enabling’ Act, i.e. it applies to employment generally and does not contain prescriptive duties. Section 2 details the duties of an employer to an employee e.g. provision of necessary information, instruction, training and supervision. Section 3 details the duties of an employer to non-employed persons, i.e. contractors, visitors, members of the public. Sections 7 & 8 detail the duties of employees e.g. not to endanger themselves or others by their acts or omissions.

 

Subordinate Legislation

Work at Height Regulations 2005
“Every employer shall ensure that work at height is properly planned appropriately supervised; and carried out in a manner which is so far as is reasonably practicable safe and that its planning includes the selection of work equipment…”.

“Every employer shall ensure that any person in any activity involving work at height is competent to do so or, if being trained, is being supervised by a competent person.”

 

Construction (Design and Management) Regulations 2007 (CDM)
As with the original 1994 legislation, the newly updated Regulations continue to place duties on all those who can contribute to the health and safety of a construction project i.e. clients, designers, contractors and planning supervisors, requiring the production of certain documents, the health and safety plan and the health and safety file.
Specifically the designer’s duties include the avoidance of risk to people

1. carrying out construction work
2. cleaning & maintaining
3. using a structure as a place of work
4. demolition & dismantling
5. others who may be affected by the above

The main changes in the 2007 Regulations were made to simplify the existing system by unifying CDM and the Construction (Health, Safety & Welfare) Regulations 1996 into a single package. Additionally there is a more explicit duty on architects to eliminate hazards and reduce risks during the design stage as far as is reasonably practicable, plus there is a new duty to ensure that workplaces comply with Construction (Health, Safety and Welfare) Regulations.

 

Construction (Health, Safety & Welfare) Regulations 1996
The Regulations are aimed at protecting the health, safety and welfare of everyone who carries out construction work. They also give protection to other people who may be affected by the work.

The main duty-holders under these Regulations are employers, the self-employed and those who control the way in which construction work is carried out. Employees too have duties to carry out their own work in a safe way. Also, anyone doing construction work has a duty to cooperate with others on matters of health and safety and report any defects to those in control.

 

Management of Health and Safety at Work Regulations 1999
“Every employer shall make a suitable and sufficient assessment of the risks to the health and safety of his employees whilst they are at work.”

Following an assessment the employer must take the necessary steps to minimise the risk of injury or harm to his employees.

“Employees shall use any equipment,……., or safety device provided by their employer in accordance with any training or instructions given by the employer. In addition employees shall inform their employer or work colleagues of any work situation which they reasonably consider represents a serious and immediate danger to health and safety..”

 

The Provision and Use of Work Equipment Regulations 1998 (PUWER)
The employer must provide equipment that is fit-for-purpose; appropriate training and supervision must also be provided. This is particularly relevant when fall protection equipment has been installed at a property and the employer / property owner / tenant fails to have the equipment routinely maintained and certified and/or permits its use by non-competent individuals.

 

Personal Protective Equipment (PPE) at Work Regulations 1992
“Every employer shall ensure that suitable PPE is provided for his employees who may be exposed to a risk to their health or safety while at work……”.

“Every employee shall use any PPE provided to him in accordance both with any training in the use of the PPE concerned which has been received by him and the instructions respecting that use which have been provided to him….”.

 

Lifting Operations and Lifting Equipment Regulations (LOLER) 1998
The regulations govern the minimum requirements for the use of work equipment by workers at work and impose duties in respect of those requirements

1. employers
2. the self-employed
3. persons having control of lifting equipment
4. persons who use, supervise or manage the use of lifting equipment
5. Abseil equipment must be installed, used, inspected and maintained in accordance
   with the requirements of LOLER.