health and safety

1. HEALTH AND SAFETY
Jim McCann

2. Setting the
framework
&
Who makes
the rules
2

3. Action on health and
safety
3

4. Options
The Health and Safety Commission and its

operating arm, the Executive (HSC/E), have spent
the last twenty years modernizing the structure of
health and safety law. Their aims are to protect
the health, safety and welfare of employees, and
to safeguard others, principally the public, who
may be exposed to risks from industrial activity.
4

5. HSC/E consult fully with people affected

by their legislative proposals, and adopt
various approaches based on assessing
and controlling risk.
5

6. Among the things that can prompt action from

HSC/E are:
Changes in technologies, industries or risks;

Evidence of accidents and ill health, plus public

concern;
6

7. European Directives.
Where HSC/E consider action is necessary

to supplement existing arrangements,
their three main options are:
7

8. Guidance;

Approved Codes of Practice; and

Regulations.

8

9. The Law
The basis of British health and safety law is the

Health and Safety at
Work etc Act 1974.
9

10. These duties are qualified in the Act by the

principle of 'so far as is reasonably
practicable'. In other words, the degree of
risk in a particular job or workplace needs
to be balanced against the time, trouble,
cost and physical difficulty of taking
measures to avoid or reduce the risk.
10

11. GENERAL DUTIES OF THE
EMPLOYER
2. (1) It shall be the duty of every

employer to ensure, so far as is reasonably
practicable, the health, safety and welfare
at work of all his employees.
(2) Without prejudice to the generality of

an employer's duty under the preceding
subsection, the matters to which that duty
extends include in particular
11

12. (A) the provision and maintenance

of plant and systems of work that
are, so far as is reasonably
practicable, safe and without risks
to health;
12

13. (B) arrangements for ensuring, so

far as is reasonably practicable,
safety and absence of risks to health
in connection with the use, handling,
storage and transport of articles and
substances;
13

14. (C) the provision of such information,

instruction, training and supervision
as is necessary to ensure, so far as is
reasonably practicable, the health
and safety at work of his employees;
14

15. (D) so far as is reasonably practicable

as regards any place of work under
the employer's control, the
maintenance of it in a condition that
is safe and without risks to health and
the provision and maintenance of
means of access to and egress from it
that are safe and without such risks;
15

16. (E) the provision and maintenance of

a working environment for his
employees that is, so far as is
reasonably practicable, safe, without
risks to health, and adequate as
regards facilities and arrangements
for their welfare at work
16

17. What the law requires here is

what good management and
common sense would lead
employers to do anyway: that
is, to look at what the risks
are and take sensible
measures to tackle them.
17

18. The Management of Health and Safety

at Work Regulations 1992 (the
Management Regulations) generally
make more explicit what employers are
required to do to manage health and
safety under the Health and Safety at
Work Act. Like the Act, they apply to
every work activity.
18

19. RISK ASSESSMENT
19

20. The main requirement on employers is

to carry out a risk assessment.
Employers with five or more employees
need to record the significant findings of
the risk assessment.
20

21. Risk assessment should be

straightforward in a simple workplace
such as a typical office. It should only
be complicated if it deals with serious
hazards such as those on a nuclear
power station, a chemical plant,
laboratory or an oil rig.
21

22. Besides carrying out a risk assessment,

employers also need to:
make arrangements for implementing

the health and safety measures
identified as necessary by the risk
assessment;
22

23. appoint competent people (often themselves

or company colleagues) to help them to
implement the arrangements;
set up emergency procedures;

23

24. provide clear information and training to

employees;
work together with other employers

sharing the same workplace.
24

25. The Health and Safety at Work Act, and

general duties in the Management
Regulations, are goal-setting and leave
employers freedom to decide how to
control risks which they identify.
25

26. Guidance and Approved Codes of Practice

give advice, but employers are free to
take other measures provided they do
what is reasonably practicable.
26

27. But some risks are so great, or the proper

control measures so costly, that it would
not be appropriate to leave employers
discretion in deciding what to do about
them.
27

28. Regulations identify these risks and set

out specific action that must be taken.
Often these requirements are absolute - to
do something without qualification by
whether it is reasonably practicable
28

29. General duties of employees at work.
HASAW etc Act 1974
7. It shall be the duty of every

employee while at work
29

30. (A) to take reasonable care for the

health and safety of himself and of
other persons who may be affected
by his acts or omissions at work; and
30

31. (B) as regards any duty or

requirement imposed on his
employer or any other person by or
under any of the relevant statutory
provisions, to co-operate with him so
far as is necessary to enable that
duty or requirement to be performed
or complied with
31

32. Duty not to interfere with
or misuse things
provided pursuant to
certain provisions.
HASAW etc Act 1974
32

33. 8. No person shall intentionally or

recklessly interfere with or misuse
anything provided in the interests of
health, safety or welfare in
pursuance of any of the relevant
statutory provisions.
33

34. European Law

In recent years much of Britain's

health and safety law has originated
in Europe. Proposals from the
European Commission may be agreed
by Member States, who are then
responsible for making them part of
their domestic law.
34

35. GUIDANCE
HSE publishes guidance on a range

of subjects.
Guidance can be specific to the

health and safety problems of an
industry or of a particular process
used in a number of industries.
35

36. The main purposes of guidance are:

to interpret - helping people to understand

what the law says - including for example
how requirements based on EC Directives
fit with those under the Health and Safety
at Work Act;
36

37. To help people comply with the law;

To give technical advice.

Following guidance is not compulsory and

employers are free to take other action.
But if they do follow guidance they will
normally be doing enough to comply with
the law.
37

38. Approved Codes of Practice
ACOPS
Approved Codes of Practice offer practical

examples of good practice.
The give advice on how to comply with

the law by,
38

39. For example, providing a guide to what is

'reasonably practicable'.
For example, if regulations use words like

'suitable and sufficient', an Approved Code
of Practice can illustrate what this requires
in particular circumstances.
39

40. Approved Codes of Practice have a special legal

status. If employers are prosecuted for a breach
of health and safety law, and it is proved that
they have not followed the relevant provisions of
the Approved Code of Practice, a court can find
them at fault unless they can show that they
have complied with the law in some other way.
40

41. HSC plans to consult on the role of

Approved Codes of Practice in the health
and safety system and the usefulness of
the fifty or so which are current.
41

42. Regulations
Regulations are law, approved by

Parliament.
These are usually made under the

Health and Safety at Work Act,
following proposals from HSC.
This applies to regulations based on EC

Directives as well as 'home-grown'
ones.
42

43. PART 2
43

44. WORKING TIME
REGULATIONS 1998
 STATUTORY INSTRUMENT 1833.
44

45. The Working Time Regulations
1998
The stated objective of the Working Time

Regulations is to lay down minimum
health and safety requirements for the
organisation of working time. It deals
with:
45

46. Maximum weekly working time.

Minimum periods of annual leave.

Minimum periods of weekly and daily rest

and minimum breaks whilst working.
Regulation of night work, health

assessments and patterns of work.
46

47. The Regulations come into force on Thursday, 1

October 1998 and will apply to “workers”, that
is, individuals working under either a contract of
employment or any other contract where an
individual undertakes to do or perform
personally any work or services (but excluding
certain self-employed professionals). There are
also specific provisions relating to “young
workers”, (workers over minimum school
leaving age, but under 18).
47

48. 1. Maximum Weekly Working Time

A limit of 48 hours is imposed on average weekly

working time which an individual worker may
voluntarily agree to dis-apply. Such agreement
must be in writing and may either be for a
specified period or apply indefinitely. The worker
will always have the right to bring the agreement
to an end. This can be done either by giving the
notice specified in the agreement, which may not
exceed three months or, if there are no such
notice terms, by giving at least seven days
notice. In addition, for the individual‟s agreement
to be effective, the employer must:
48

49. Maintain up to date records which identify each

of its workers who has agreed to dis-apply the
48 hour limit.
Set out the terms on which the worker agreed

that the limit should not apply.
Specify the number of hours worked by the

worker during each reference period since the
agreement came into effect (subject to a limit of
two years).
49

50. Permit inspection of such records on

request by any person appointed by an
“enforcing authority” (the Health and
Safety Executive and local authorities) and
provide such a person with such
information as he or she may request
regarding any worker who has agreed to
opt out of the 48 hour limit.
50

51. 2. Minimum Periods Of Annual Leave

The Regulations provide for a minimum of

three weeks paid annual leave - rising to
four weeks in November 1999, subject to a
three month (13 weeks) qualifying period.
Although not made expressly clear in the
Regulations, it would appear that part-time
workers will have an appropriate pro-rata
leave entitlement. A worker‟s “leave year”
for the purposes of this Regulation begins
on such date as may be provided in a
“relevant agreement”.
51

52. A “relevant agreement” covers any agreement in writing

which is enforceable between the employer and the
worker, (this will include the situation where the leave
year is specified in a worker‟s contract of employment),
a collective agreement or a “workforce agreement” made
between an employer and the workers or their
representatives, which must satisfy specific conditions
set out in the Regulations.
In the absence of such provision, the Regulations allow

for default arrangements to apply.
52

53. In addition:

Leave may be taken in instalments but may only

be taken in the leave year in respect of which it
is due. However, there is nothing to prevent
employers and workers agreeing enhanced
contractual paid leave to take account of any
leave entitlement due but not taken for a
particular year.
53

54. This Regulation states that a worker‟s leave entitlement may not be

replaced by payment in lieu, except where his or her employment is
terminated.
A formula is set out in this Regulation for determining leave

entitlement where the worker‟s employment is terminated during
the course of the leave year which is appropriate in the absence of
a relevant agreement. Conversely, this Regulation provides for the
situation where a worker‟s employment ends and the proportion of
leave he or she has taken exceeds the proportion of the leave year
which has expired.
54

55. A relevant agreement may provide for the

worker to compensate the employer for
excess holiday taken, whether by a
payment or by undertaking additional work
or otherwise.
There are further detailed provisions in

relation to notice requirements for leave,
which may be varied or excluded by a
relevant agreement.
55

56. Subject to such exclusion or variation an

employer can require a worker to take all or part
of the leave to which he or she is entitled under
this Regulation on particular dates by giving
written notice. Similarly a worker may take leave
on such days as he or she may elect by giving
notice in accordance with this Regulation.
56

57. Workers are entitled to be paid in respect of

any period taken as annual leave under this
Regulation at the rate of a “week‟s pay” in
respect of each week of leave. Any
contractual remuneration paid to a worker in
respect of a period of leave will go towards
discharging the liability of the employer to
make payment under this Regulation in
respect of the same period and vice versa.
The maximum £220 on a week‟s pay under
the provisions of the Employment Rights Act
1996 will not apply for these purposes.
57

58. 3. Minimum Periods Of Weekly &

Daily Rest & Minimum Breaks
Whilst Working
The Working Time Regulations gives

workers entitlement to:
58

59. A daily rest period of 11 consecutive hours

and a weekly rest period of 24 hours,
together with a daily 20 minute rest period
where the working day is longer than six
hours. There are enhanced rest
entitlements for young workers. The daily
rest period may straddle two calendar
days.
59

60. Weekly rest

The weekly rest period is additional to the

11 hours daily rest entitlement except
where objective, technical or work
organisation conditions justify
incorporating all or part of the daily
entitlement into the weekly rest period. If
the employer so determines, the weekly
reference period can be averaged over a
period of 14 days. There are two options
from which the employer can choose:
60

61. Two uninterrupted rest periods, each of

not less than 24 hours in each 14 day
period. or
One uninterrupted rest period of not less

than 48 hours in each 14 day period.
61

62. For the purposes of this entitlement the

seven day period, or 14 day period, as
the case may be, starts immediately after
midnight on Sunday, unless a relevant
agreement has been made which
provides otherwise. This Regulation does
not require that Sunday be included as
part of the minimum weekly rest period.
62

63. Daily rest

Adult workers are entitled to a daily rest

break when they daily working time is
more than six hours.
63

64. Rest breaks

Workers are entitled to spend a break away from their

workstation (if they have one). The details of the rest
break including duration and terms on which it is
granted, may be set by a collective or workforce
agreement. In the absence of such an agreement the
break must be an uninterrupted period of not less than
20 minutes and the break cannot be taken at the start
or end of a period of working time. It follows that a
break cannot overlap with the separate and additional
entitlements to a daily rest period. There are more
generous provisions for young workers.
4. Regulation Of Night Work, Health Assessments &

Patterns Of Work
64

65. Patterns of work

Where the pattern according to which an employer

organises work is such as to put the health and
safety at work of those employed by him at risk, in
particular because the work is monotonous or the
work rate is predetermined, the employer is
advised to ensure that the worker is given
adequate rest breaks. The government‟s
consultation paper suggests that this Regulation
may require employers to consider awarding
certain workers more frequent shorter breaks as
opposed to one longer continuous break, subject of
course, to any rest break entitlement they have
under this Regulation noted above.
65

66. Night workers

A limit is specified in the Regulations of an average of

eight hours work in each 24 hour period for night
workers and an actual limit of eight hours in each 24
hour period for night workers whose work involves
“special hazards” or “heavy physical or mental strain”.
Both the terms “night time” and “night worker” are
defined in the Regulations and can be further defined
by reference to a relevant agreement. As with the 48
hour weekly working time limit, there is a standard 17
week reference period for calculating a night worker‟s
average normal hours of work, which may start from a
date set in a relevant agreement. In the absence of
such an agreement the default date for the start of the
17 week period will be the date when the Regulations
come into force, or the date on which the worker starts
work for the employer, which ever is the latter. The
Regulations set out a formula for calculating average
normal hours of work for each 24 hour period.
66

67. Health assessments and transfer of

night workers to day work
The Regulations provide that an employer

must not assign a worker to become a
night worker unless:
He has provided the worker with an

opportunity to have a free health
assessment before he or she takes up the
assignment. (There are separate provisions
for young workers).
67

68. The worker has had an assessment before being

assigned to night work on an earlier occasion
and the employer has no reason to believe that
it is no longer valid. The employer will have a
continuing duty to ensure that night workers
have an opportunity for assessments “at regular
intervals”. The health assessments must be free
to the worker to whom it relates and such
assessments must comply with medical
confidentiality, (they may not be disclosed to any
person other than the worker concerned unless
he or she gives written consent). However, this
does not prevent the disclosure of a simple
statement that the worker is fit to perform night
work.
68

69. Shift workers

The Regulations relating to daily and

weekly rest do not apply to shift workers
in relation to a worker when he or she
changes shift and cannot take the rest
period in question or to an adult worker
engaged in activities involving periods of
work split up over the day, however,
there is provision in the Regulations for
“compensatory rest” to be provided for
such workers (see below).
69

70. Other Aspects Of The Regulations
Excluded sectors
Certain activities or sectors of activity are excluded from the

Regulations including transport, sea fishing, other work at sea and
doctors in training. The Regulations also allow for certain of its
provisions not to apply to further categories of worker including,
shift workers and where the worker is engaged in security and
surveillance requiring a permanent presence in order to protect
property and persons, or where the worker‟s activity involves the
need for continuity of service or production, e.g. television, airport
workers, research and development activities and other industries
in which work cannot be interrupted on technical grounds.
However, the exclusions relating to rest periods are subject to
Regulation 24 which attempts to ensure that such workers receive
proper compensatory periods of rest.
70

71. Unfair dismissal, health & safety enforcement, civil

liability
The Regulations insert a new section to the Employment

Rights Act, adding to the existing categories of
“automatically unfair” dismissals and amend the provisions
on unfair dismissal for asserting a statutory right under the
Act. However, these protections will only apply to
employees as defined by the Act, rather than the broader
category of workers in the Regulations. The upshot is that
dismissal of an employee will be treated as unfair
irrespective of his or her age or length of service, if the
reason or principal reason is one of the grounds set out
under “detrimental treatment”, i.e. inter alia, refusing to
comply with a requirement which the employer imposed in
contravention of its obligations under the Regulations or
refusing to forego a right conferred by the Regulations.
71

72. A number of the provisions under the Regulations,

such as the limits on working time and the
provisions relating to night work, will be enforced
in the same way as existing health and safety
legislation by HSE Inspectors and local authority
environmental health officers. The Regulations
make it an offence for an employer not to comply
with any of the relevant requirements defined as,
inter alia, the limits on average weekly working
time, the limits on night working, requirements as
to health assessments, the requirement to keep
adequate records, and the duty with regard to
pattern of work. In effect the employer could be
open to fines and possible imprisonment, if he
ignores the Regulations.
72

73. The Regulations do not exclude an employer‟s

civil liability in respect of the application of the
various working time limits. Accordingly, it will
be possible for a worker to sue for damages
because of being required to work beyond any
such limit, or for example because of an
employer‟s denial of a night worker‟s entitlement
to health assessment.
73

74. Enforcement

Under the Regulations rest periods and paid

annual leave are enforced by individual
complaint to Industrial Tribunal, whereas the
mandatory limits on working time, such as the
weekly working time and night work limits will
be enforced by health and safety authorities (the
Health and Safety Executive and local
authorities). However, the Regulations create
rights to bring a complaint of detrimental
treatment or unfair dismissal on the grounds of,
inter alia, refusing to work in breach of the
applicable working time limit.
74

75. Records

The Regulations introduce an obligation on

employers to keep records that are adequate to
show whether the limits on weekly working and
night work, and the rules on health assessments
for night workers are being complied with in the
case of each worker to whom they apply. Such
records must be retained for two years from the
date on which they were made. Records must
also be kept in respect of the opt-out agreements
for the 48 hour weekly working time.
75

76. Employers must check:
How workers’ working time is arranged and whether
they are able to take the rest breaks they are entitled
to.
If workers are unable to take their breaks and whether
any exceptions or flexibilities apply.
There should be a suitable seating area for workers to
use during breaks• it needs to be clean and located
where food will not get contaminated. There should be
washing facilities nearby, and a means of heating food
or water for hot drinks. You must maintain good
hygiene standards. (HSE Guidance Note INDG293,dated 5/99.)
76

77. REST BREAKS ?
SECTION 8. WTRs. Where the

pattern according to which an
employer organizes work is such as to
put the health and safety of a worker
employed by him at risk, in particular
because the work is monotonous or
the work-rate is predetermined, the
employer shall ensure that the worker
is given adequate rest breaks.
77

78. SECTION 12. WTRs - (1) Where an adult worker's

daily working time is more than six hours, he is entitled
to a rest break.
(2) The details of the rest break to which an adult
worker is entitled under paragraph (1), including its
duration and the terms on which it is granted, shall be in
accordance with any provisions for the purposes of this
regulation which are contained in a collective agreement
or a workforce agreement.
(3) Subject to the provisions of any applicable
collective agreement or workforce agreement, the rest
break provided for in paragraph (1) is an uninterrupted
period of not less than 20 minutes, and the worker is
entitled to spend it away from his workstation if he has
one.
78

79. Entitlements under other provisions

17. Where during any period a worker is entitled to a
rest period, rest break or annual leave both under a
provision of these Regulations and under a separate
provision (including a provision of his contract),
he may not exercise the two rights separately, but may,
in taking a rest period, break or leave during that
period, take advantage of whichever right is, in
any particular respect, the more favourable.
79

80. Other special cases

21. Subject to regulation 24, regulations 6(1), (2)
and (7), 10(1), 11(1) and (2) and 12(1) do not apply in
relation to a worker -
(a) where the worker's activities are such that his place

of work and place of residence are distant from one
another or his different places of work are distant from
one another;
(b) where the worker is engaged in security and
surveillance activities requiring a permanent
presence in order to protect property and persons,
as may be the case for security guards and
caretakers or security firms;
80

81. (c) where the worker's activities involve the need for continuity of

service or production, as may be the case in relation to -
(i) services relating to the reception, treatment or care provided by

hospitals or similar establishments, residential institutions and
prisons;
(ii) work at docks or airports;
(iii) press, radio, television, cinematographic production, postal and
telecommunications services and civil protection services;
(iv) gas, water and electricity production, transmission and
distribution, household refuse collection and incineration;
(v) industries in which work cannot be interrupted on technical
grounds;
(vi) research and development activities;
(vii) agriculture;
81

82. (d) where there is a foreseeable surge of activity, as

may be the case in relation to -
(i) agriculture;

(ii) tourism; and
(iii) postal services;
(e) where the worker's activities are affected by -

(i) an occurrence due to unusual and unforeseeable

circumstances, beyond the control of the worker's
employer;
(ii) exceptional events, the consequences of which could
not have been avoided despite the exercise of all due
care by the employer; or
(iii) an accident or the imminent risk of an accident.
82

83. Shift workers

22. - (1) Subject to regulation 24 -
(a) regulation 10(1) does not apply in relation to a shift

worker when he changes shift and cannot take a daily
rest period between the end of one shift and the start of
the next one;
(b) paragraphs (1) and (2) of regulation 11 do not apply
in relation to a shift worker when he changes shift and
cannot take a weekly rest period between the end of
one shift and the start of the next one; and
(c) neither regulation 10(1) nor paragraphs (1) and (2)
of regulation 11 apply to workers engaged in activities
involving periods of work split up over the day, as may
be the case for cleaning staff.
83

84. (2) For the purposes of this regulation -

quot;shift workerquot; means any worker whose work schedule is

part of shift work; and
quot;shift workquot; means any method of organizing work in

shifts whereby workers succeed each other at the same
workstations according to a certain pattern, including a
rotating pattern, and which may be continuous or
discontinuous, entailing the need for workers to work at
different times over a given period of days or weeks.
84

85. Collective and workforce agreements

23. A collective agreement or a workforce agreement
may -
(a) modify or exclude the application of

regulations 6(1) to (3) and (7), 10(1), 11(1) and
(2) and 12(1), and
(b) for objective or technical reasons or reasons
concerning the organization of work, modify the
application of regulation 4(3) and (4) by the substitution,
for each reference to 17 weeks, of a different period,
being a period not exceeding 52 weeks,
in relation to particular workers or groups of workers.

85

86. Collective agreements
Under the WTRs the
Employers with Unions may
modify or exclude some of the
WORKING TIME regulations,
however the modifications or
exclusions must still meet the
requirements of Health and
Safety Legislation
86

87. Compensatory rest

24. Where the application of any
provision of these Regulations is excluded
by regulation 21 or 22, or is modified or
excluded by means of a collective
agreement or a workforce agreement
under regulation 23(a), and a worker is
accordingly required by his employer to
work during a period which would
otherwise be a rest period or rest break -
87

88. (a) his employer shall wherever possible allow

him to take an equivalent period of
compensatory rest, and
(b) in exceptional cases in which it is not
possible, for objective reasons, to grant
such a period of rest, his employer shall
afford him such protection as may be
appropriate in order to safeguard the
worker's health and safety.
88

89. Part 3
POLICY
STATEMENTS
89

90. Health and Safety Policies
HASAW Etc Act 1974 Section 2(3) Except in such

cases as may be prescribed, it shall be the duty of
every employer to prepare and as often as may be
appropriate revise a written statement of his
general policy with respect to the health and
safety at work of his employees and the
organisation and arrangements for the time being
in force for carrying out that policy, and to bring
the statement and any revision of it to the notice
of all of his employees.
90

91. Health and Safety Goals and
Objectives
Protection

Improving the working environment

Increasing awareness of Health and Safety

Improving efficiency

Reduce costs & liabilities

91

92. EXTRACT FROM FOSNNI HEALTH AND SAFETY
POLICY STATEMENT
OBJECTIVES

High standards of Health & Safety performance

represent my top priority and I regard them as a
key element in successful business performance and
a major consideration in planning and executing
activities within the FOSNNI Command. To this
extent, Health & Safety considerations will generally
be accorded a higher priority than operational
issues so as to improve working conditions and
reduce costs and liabilities associated with work
place injuries and ill health. It is my aim that we
continually strive to meet, as an absolute minimum,
legislative standards in all aspects of work and that
our business performance is actively reviewed so
that we achieve higher Health & Safety standards
where the balance of risk against cost and
operational requirements is justified.
92

93. Meeting this aim requires commitment, co-operation and the

contribution of all staff. Management has a particular duty to
control Health & Safety risks within their area of
responsibility but all employees in my command also have a
role in ensuring that we can achieve our tasks in a safe and
healthy workplace. Et al
FOSNNI

93

94. PART 4
TRADE UNION REPS

The Safety Representatives

and Safety Committees Regulations
1977
94

95. HASAW etc ACT1974 SAFETY
REPS & COMMITTIES
(4) Regulations made by the Secretary of State

may provide for the appointment in prescribed
cases by recognised trade unions (within the
meaning of the regulations) of safety
representatives from amongst the employees,
and those representatives shall represent the
employees in consultations with the employers
under subsection (6) below and shall have such
other functions as may be prescribed.
95

96. (5) Regulations made by the

Secretary of State may provide for the
election in prescribed cases by
employees of safety representatives
from amongst the employees, and
those representatives shall represent
the employees in consultations with
the employers under subsection (6)
below and may have such other
functions as may be prescribed.
96

97. (6) It shall be the duty of every

employer to consult any such
representatives with a view to the
making and maintenance of
arrangements which will enable him
and his employees to cooperate
effectively in promoting and
developing measures to ensure the
health and safety at work of the
employees, and in checking the
effectiveness of such measures.
97

98. (7) In such cases as may be prescribed it

shall be the duty of every employer, if
requested to do so by the safety
representatives mentioned in subsections (4)
and (5) above, to establish, in accordance
with regulations made by the Secretary of
State, a safety committee having the function
of keeping under review the measures taken
to ensure the health and safety at work of his
employees and such other functions as may
be prescribed.
98

99. PART 5
HSE Getting to grips with
Health & Safety
MANUAL HANDLING

100. A short guide
Getting to grips with manual handling

This slide show explains the
problems associated with
manual handling and sets
out best practice
100

101. The general
principles
The general principles are relevant to

all organisations whatever
their size. It makes sound
business sense to have
good health and safety
practices.
101

102. What is manual handling?
the transporting or supporting of loads by

hand or by bodily force.
102

103. More than a third of all over-three-day

injuries reported each year to HSE and
local authorities are caused by manual
handling
103

104. Most of the reported accidents cause back

injury,
Hands, arms and feet are also vulnerable.

104

105. The pie chart shows the pattern for over-
three-day injuries reported in 1998/99.
105

106. In 1995, an estimated average of 11

working days per sufferer were lost
through musculoskeletal disorders
affecting the back, caused by work. HSE
estimated that such conditions cost
employers up to £335 million (1995/96
prices).
106

107. Many manual handling injuries build up over a period rather than

being caused by a single handling incident
These injuries occur wherever people are at work -

Farms

Building sites,

Factories,

Offices,

Warehouses,

Hospitals,

Banks,

Laboratories,

While making deliveries etc……….

107

108. What should I do
about it?
Consider the risks from manual handling

to the health and safety of your
employees
The rest of this slide show will help.

If there are risks, the Manual Handling

Operations Regulations 1992 apply.
108

109. EMPLOYERS SHOULD
AVOID the need for hazardous manual

handling, as far as is reasonably
practicable
ASSESS the risk of injury from any

hazardous manual handling that can‟t be
avoided; and
REDUCE the risk of injury from hazardous

manual handling, as far as is reasonably
practicable
109

110. As well as making good sense, consulting
employees on health and safety matters is
a legal requirement. If there are safety
representatives appointed by trade unions
you recognise, the law requires you to
consult them. If there are none
representing the employees at risk from
manual handling, consult the employees
themselves or any representative they have
elected for health and safety.
110

111. Consider automation, particularly for new

processes.
Think about mechanisation, like the use of

a lift truck.
Beware of new hazards from automation
or mechanisation.
111

112. 112

113. Your employees have duties too.
They should:

follow appropriate systems of work laid down for

their safety;
make proper use of equipment provided for their

safety;
co-operate with their employer on health and

safety matters;
inform the employer if they identify hazardous

handling activities;
take care to ensure that their activities do not

put others at risk.
113

114. Avoiding manual handling
Check whether you need to move it at all.

For example:

can wrapping or machining be done

without moving the materials?
can you take the treatment to the patient,

not vice versa?
114

115. Assessing and reducing the risk
of injury
Who should make the assessment?

115

116. The assessment is the employer’s
responsibility.
You should be able to do most assessments in-

house; you know your business better than
anyone.
Most will require just a few minutes‟ observation

to identify ways to make the activity easier and
less risky, i.e. less physically demanding.
Advice from outside experts may be helpful in

difficult or unusual cases,
116

117. THE TASKS, DO THEY INVOLVE
Holding loads away from the body trunk?

Twisting, stooping or reaching upwards?

Large vertical movements?

Long carrying distance?

Strenuous pushing or pulling?

Unpredictable movement of the load?

Repetitive handling?

Insufficient rest or recovery time?

A work rate imposed by a process?

117

118. THE LOADS
Heavy, bulky or unwieldy?

Difficult to grasp?

Unstable or unpredictable?

Intrinsically harmful, e.g. sharp or hot?

118

119. THE WORKING ENVIRONMENT,
ARE THERE;
Constraints on posture?

Poor floors?

Variations in levels?

Hot/cold/humid conditions?

Strong air movements?

Poor lighting conditions?

Restrictions on movement or posture from

clothes or from PPE?
119

120. INDIVIDUAL CAPACITY,
DOES THE JOB;
Require unusual capacity?

Endanger those with a health problem?

Endanger pregnant women?

Call for special information or training?

120

121. What role can employees play in
carrying out assessments?
Your employees can help you carry out
the assessment - they often know what
problems there are and how best to
solve them. If their work is varied or not
closely supervised, make sure they are
aware what risks to look for when
manual handling, and what to do about
them. But the final responsibility for
assessments rests with employers.
121

122. Do assessments need to be
recorded?
No, except where it would not be easy to

repeat the assessment. In such cases the
significant findings should be recorded
and kept.
122

123. Do I have to do assessments for
each individual employee and
workplace?
No. It‟s quite acceptable to do a generic

assessment that is common to several
employees or to more than one site or
type of work.
123

124. The important thing is to
identify the risk of injury
and point the way to
practical improvements.
124

125. How should I use my assessment?
Don’t just forget it or file it away. The
purpose of the assessment is to
pinpoint the worst features of the work -
and they’re the ones you should try to
improve first.
125

126. It is also important to remember to
Update the assessment when significant

changes are made to the workplace.
126

127. How far must I reduce the risk?
To the lowest level „reasonably

practicable‟. That means reducing the risk
until the cost of any further precautions -
in time, trouble or money - would be far
too great in proportion to the benefits.
127

128. Do I have to provide
mechanical
aids in every case?
128

129. It depends whether it’s reasonably
practicable to do so. If the risks
identified in your risk assessment
can be reduced or eliminated
reasonably by means of mechanical
aids, then you should provide them.
But you should always consider
mechanical aids - they can improve
productivity as well as safety. Even
something as simple as a sack
truck can make a big improvement.
129

130. A simple sack
truck can make a big improvement.
130

131. Problems to look for when
making an assessment
The tasks, do they involve:
 Holding loads away from the body trunk?
 Twisting, stooping or reaching upwards?
 Large vertical movement?
 Long carrying distances?
 Strenuous pushing or pulling?
 Unpredictable movement of loads?
 Repetitive handling?
 Insufficient rest or recovery time?
 A work rate imposed by a process?
131

132. The loads, are they:
 heavy, bulky or unwieldy?
 difficult to grasp?
 unstable or unpredictable?
 intrinsically harmful, e.g. sharp or hot?
132

133. The working environment, are there:
 Constraints on posture?
 Poor floors?
 Variations in levels?
 Hot/cold/humid conditions?
 Strong air movements?
 Poor lighting conditions?
 Restrictions on movement or posture from
clothes or personal protective equipment?
133

134. Individual capacity, does the job:
 Require unusual capability?
 Endanger those with a health problem?
 Endanger pregnant women?
 Call for special information or training?
134

135. Ways of reducing the
risk of injury
Can you:
 Improve workplace layout to improve efficiency?
 Reduce the amount of twisting and stooping?
 Avoid lifting from floor level or above shoulder height?
 Reduce carrying distances?
 Avoid repetitive handling?
 Vary the work, allowing one set of muscles to rest while
another is used?
135

136. Can you make the load:
Lighter or less bulky?

Easier to grasp?

More stable?

Less damaging to hold?

Have you asked your suppliers to help?

136

137. Can you:
Remove obstructions to free movement?

Provide better flooring?

Avoid steps and steep ramps?

Prevent extremes of hot and cold?

Improve lighting?

Consider less restrictive clothing or personal

protective equipment?
137

138. Can you:
Take better care of those who have a

physical weakness or are pregnant?
Give your employees more information,

e.g. about the range of tasks they are
likely to face?
Provide training?

138

139. Training is important but
remember that, on its own, it can’t
overcome
A lack of mechanical aids;

Unsuitable loads;

Bad working conditions.

139

140. Training should cover:
How to recognise harmful manual

handling;
Appropriate systems of work;

Use of mechanical aids;

Good handling technique

140

141. How do I know if there’s a risk
of injury?
It‟s a matter of judgment in each case, but there
are certain things to look out for, such as
 people puffing and sweating,
 excessive fatigue, bad posture,
 cramped work areas,
 awkward or heavy loads
 history of back troubles.
Operators can often highlight which activities are
unpopular, difficult or arduous.
141

142. 142

143. 143

144. 144

145. 145

146. Adopt a good posture When lifting from a low level, bend the

knees.
But do not kneel or over flex the knees. Keep the back straight,

maintaining its natural curve (tucking in the chin helps).
Lean forward a little over the load if necessary to get a good grip.

Keep the shoulders level and facing in the same direction as the

hips.
Get a .firm grip

Try to keep the arms within the boundary formed by the legs.

The best position and type of grip depends on the circumstances

and individual preference; but must be secure.
A hook grip is less tiring than keeping the fingers straight.

If you need to vary the grip as the lift proceeds, do it as smoothly

as possible.
146

147. REMEMBER
There is no such thing as a completely „safe‟ manual
handling operation.
It‟s difficult to be precise: so many factors vary between;-
 Jobs,
 Workplaces
 And people.
The general risk assessment guidelines filter should help to
identify when a more detailed risk assessment is
necessary.
Working within the guidelines will reduce the need for a
more detailed risk assessment.
147

148. 148

149. MANUAL HANDLING
GOLDEN RULES
Assess & Plan, load, task , routes, PPE required.

Individuals capabilities.

Good foot position.

Straight back, tuck chin in if it helps.

Squat down, don‟t over flex.

Firm grip.

Carry load properly (close to body trunk).

Don‟t twist.

Don‟t be afraid to ask for help.

Avoid manual handling, use mechanical aids if possible.

149

150. THE END
SAFE LIFTING
Information supplied by HSE

Produced by J.McCann

For more information

HSE Information Services, Caerphilly

Business Park, Caerphilly CF83 3GG.
You can also visit HSE‟s website:

www.hse.gov.uk
150