Term
| Regulation 3 - Risk Assessment |
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Definition
- An employer must make suitable and sufficient assessment of risks to H&S of employees at work and others in connection with the undertaking
- Self employed person shall assess risks to self at work, and risks to others in connection with undertaking
- Assessments will be reviewed if no longer valid or there has been significant change to what it describes
- Employer will not employ young person without considering experience, awareness of risks, extent of training etc to the person
- If employs ≥5 employees, should record significant findings of assessments and any group identified at risk
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Term
| Regulation 4 - Prinicples of Prevention to be Applied |
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Definition
- Any preventive or protective measures will be on the basis of:
- Avoid risks
- Evaluate what cannot be avoided
- Combat risks at source
- Adapt work to individual
- Adapt to technical progress
- Replace dangerous with non/less dangerous
- Develop coherent prevention policy
- Collective measures > Individual measures
- Give appropriate instruction to employees
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Term
| Regulation 5 - Health and Safety Arrangements |
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Definition
- Employer shall effect arrangements considering activities and size of work for the effective POCMaR: Planning, Organising, Control, Monitoring and Review of preventive and protective measures
- If employs ≥ 5 employees, record arrangements of above
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Term
| Regulation 6 - Health Surveillance |
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Definition
- Employer shall ensure employees are provided with health surveillance appropriate to the risks they are exposed to
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Term
| Regulation 7 - Health and Safety Assistance |
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Definition
- Shall appoint ≥1 competent person to assist in compliance
- Ensure that there is adequate cooperation between them
- Ensure number and authority is appropriate to fulfil functions
- Appoint employees priority over external staff
- If not employee, provide information
- Give info on any employee who is employed under fixed term or in employment business
- Self-employed or partners do not need to appoint a competent person if one of them is competent.
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Term
| Regulation 8 - Procedures for Serious and Imminent Danger, and for Danger Areas |
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Definition
- Shall establish procedures to be followed in event of serious and immindent danger to employees
- Shall nominate number of competent persons to aid evacuation
- Shall ensure no employees have access to area which is restricted due to H&S unless has received appropriate instruction
- Any person exposed to S&I danger shall be informed of hazard and control measures
- This person will be enabled to stop work and leave if exposed to S&I and unavoidable danger
- This person will (unless required) be prevented from returning to work if there is still S&I danger
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Term
| Regulation 9 - Contacts with External Services |
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Definition
- Shall ensure that contacts are made with first-aid, EMS and rescue work and any other external service as necessary
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Term
| Regulation 10 - Information for Employees |
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Definition
- Shall provide info on: identified H&S risks, the control measures, the fire precautions, identity of fire wardens/marshals, and risks due to shared workplaces
- Before employing child, shall informa parent of: Identified H&S risks, the control measures, and risks due to shared workplaces
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Term
| Regulation 11 - Cooperation and Coordination |
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Definition
- If ≥2 employers share workplace, each shall
- Cooperate with others in fire provisions
- Take steps to coordinate fire control measures with what the other employers do
- Inform other employers of risk to their own workers from their undertaking
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Term
| Regulation 12 - Persons Working in Host Employers' or Self-Employed Persons' Undertakings |
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Definition
- Employees from outside undertaking shall be given info on
- Risks to their H&S due to first-mentioned employer, and fire control measures, and the serious and imminent danger evacuation procedures (reg 8)
- Employers will ensure that any secondary contracted staff (contracted by first contractor) is also provided all the above information
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Term
| Regulation 13 - Capabilities and Training |
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Definition
- Shall consider the employees capability as regards H&S when giving them tasks
- Shall provide H&S training:
- on being recruited
- on being exposed to new risks due to change of role, introduction of new equipment/technology/system of work
- The training will be repeated periodically where appropriate, be adapted to take account of changing risks, and take place during work hours
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Term
| Regulation 14 - Employees Duties |
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Definition
- Employee who uses any device given by employer will do so in accordance with training and instructions given.
- Every employee will inform employer of:
- work situations that represent serious and imminent danger to H&S
- Any matter which represent a shortcoming in the employer's H&S control measures
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Term
| Regulation 15 - Temporary Workers |
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Definition
- Employer shall provide temps, or person employed in employment business with info (before starting work) on
- qualifications or skills required to carry out work safely
- health surveillance required to be provided to that employee
- Employer shall inform the employment business additionally of any specific feature of job filled by their employees that are likely to affect their H&s
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Term
| Regulation 16 - Risk Assessment in Repect of New or Expectant Mothers |
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Definition
- If employee is woman of child bearing age and work involves risks to new/expectant mother or baby, then the Regulation 3 assessment must include those risks
- If statutory-required actions do not avoid the risk above, then if reasonable the employer may alter her working conditions or hours of work
- If above is not reasonable or would not avoid risk, employer may suspend employee as long as necessary to avoid risk
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Term
| Regulation 17 - Certificate from Registered Medical Practitioner in Respect of New or Expectant Mothers |
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Definition
- Where new/expectant works at night AND certificate from registered HCP (incl. midwife) shows it is necessary for her H&S that she should not work for any period identified in the certificate then employer shall suspend her from work so long as is necessary for her H&S
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Term
| Regulation 18 - Notification by New or Expectant Mothers |
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Definition
- Employer does not have to do anything in Reg 16 until employee notifies in writing that she is pregnant, has given birth in last 6months, or is breastfeeding
- Employer does not have to maintain a Reg 16 or 17 action if:
- Employee failed to notify she was pregnant, or
- Where she failed in reasonable time on request of employer to show HCP (incl. midwife) proof of pregnancy, or
- Once employer knows she is no longer new or expectant mother, or cannot establish if she remains so.
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Term
| Regulation 19 - Protection of Young Persons |
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Definition
- Employer shall ensure young person (YP) under employe are protected from H&S risks due to lasck of experience, awareness or maturity.
- Shall not employ YP for work which is
- beyond phys/Ψ capacity,
- harmfully exposes to radiation/toxic/carcinogenic/teratogenic,
- involves risks which cannot be recognised by YP due to age, or
- risk of extreme cold/extreme heat/noise/vibration/
- Can employ YP who is not child for work where it is necessary for training, where YP will be supervised by competent person, and where risk is reduces SFARP
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Term
| Regulation 21 - Provisions as to Liability |
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Definition
- Nothing in MHSWR shall afford employer defence in criminal proceedings for contravention by act/default of:
- Employee
- Person appointed under Reg 7
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Term
| Regulation 22 - Exclusion of Civil Liability |
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Definition
- Breach of duty of MHSWR cannot be used in civil proceeding, except:
- where duty relates to risk under Reg 16 (new mothers RA)
- where duty contained in Reg 19 (young persons)
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