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HEALTH AND

SAFETY
LEGISLATIONS
Introduction
 Health and safety in construction is not a matter to be taken lightly.

 In fact, health and safety needs to be front of mind in every aspect of


construction at all times.

 The construction industry is prone to many hazards and accident potential.

 Construction materials, tools, machinery and handling techniques all come


with their own dangers.
Introduction
 The main types of accidents which cause death or serious injury
on construction sites include falls, incidents with site vehicles,
collapsing materials and contact with overhead power lines.

 Most accidents can be avoided by implementing stringent health


and safety protocols and ensuring those protocols are constantly
maintained.

 H&S methods will ensure the construction site has good design,
good planning and uses tried and tested safety techniques.
Introduction
 In a working environment there is a wide range of possible hazards.

 It is the responsibility of all Employers and Employees to ensure that


any hazards are reported and acted upon in order to minimize risks
of accidents.

 Employees should play an active role in promoting and maintaining a


high level of safety.

 In addition to a commonsense approach to Health and Safety,


employers and employees also have many legal obligations to comply
with.
Introduction
 Health and Safety legislation is enforced by the Health and Safety Executive
(HSE) and local government eg. Environmental Health

 If a business fails to comply with legislation then the owner can be fined or
imprisoned.
Health and Safety Executive (HSE)

 The HSE is the UK government body responsible for enforcing health and
safety at work legislation.

 The HSE also plays a major role in producing advice on health and safety
issues, and guidance on relevant legislation.

 The role of enforcement is split between HSE and local authorities


depending on the business sector.

 In addition, HSE conducts research into the effectiveness of regulations and


other health and safety issues, consults with employers and employees
representatives, and advises legislators and government on health and
safety.
Health and Safety Executive (HSE)

 Regulations enforced by the HSE;


 Health and Safety at Work, etc. Act 1974

 Management of Health and Safety at Work Regulations 1999

 The Construction (Design and Management) Regulations 2007

 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

 Workplace (Health, Safety and Welfare) Regulations 1992


01. Health and Safety at Work, etc. Act 1974
(HASWA)

 Often referred to as HASAW or HSW, this Act of Parliament


is the main piece of UK health and safety legislation.

 This the main Health and Safety law, known as an


‘umbrella’ act which means it contains a number of other
acts, each covering specific aspects of Health and Safety.

 It is also known as an ‘enabling’ act which means that it


allows for any new acts or amendments to acts to be added
01. Health and Safety at Work, etc. Act 1974
(HASWA)

 This act places responsibility on employers and employees


to maintain a safe working environment.

 Employers must safeguard, so far as is reasonably


practicable, the health, safety and welfare of their
employees and others who may be affected by the work
activity.

 Applies to all people at work including the self employed, to


designers, manufacturers and suppliers
01. Health and Safety at Work, etc. Act 1974
(HASWA) – Duties of Employers

 Most duties are subject to “so far as is reasonably practicable” i.e.


the protection must be worth the cost.

 To protect the health, safety and welfare of staff.

 To provide and maintain safe equipment and safe systems of work.

 Safe use, handling, storage and transport of articles and


substances.

 Provide a safe workplace with a safe entrance and exit.

 Provide information, instruction, training and supervision.


01. Health and Safety at Work, etc. Act 1974
(HASWA) – Duties of Employers

 Provide a written safety policy (if there are 5 or more staff).

 Carry out risk assessments (in writing if 5 or more staff).

 provide a health and safety law poster entitled “Health and


Safety law: What you should know” displayed in a prominent
position and containing details of the enforcing authority.
01. Health and Safety at Work, etc. Act 1974
(HASWA) – Duties of Employees

 “Employee” includes voluntary workers and persons on work


experience.

 Duties:
 To take care of themselves and others

 To follow safety advice and instructions

 Not interfere with any safety device

 To report accidents

 To report hazards and risks


01. Health and Safety at Work, etc. Act 1974
(HASWA) – Accidents

 All accidents, however minor, should be reported to your supervisor.

 Similarly, all incidents of ill-health (caused from work) should also be


reported.

 Accidents include those that resulted in injury or damage and “near


misses” – those which COULD have resulted in injury or damage.

 Employees’ supervisor will decide if the incidents needs to be


recorded in the accident records.

 Violent incidents are included (this includes verbal threats).


01. Health and Safety at Work, etc. Act 1974 (HASWA) –
Reporting of Incidents, Diseases ands Dangerous Occurrences

 Some accidents, incidents and illnesses have to be reported to the


government

 These include accidents that cause an employee to be off sick for three
days or more, if (following a work accident) he is admitted to hospital for
24 hours or more; serious injuries; certain work related illnesses (such as
repetitive strain injuries;) accidents to non-employees if they are taken to
hospital from the scene of the accident (even if they are discharged
straight away.

 If you are unfortunate enough to suffer a reportable accident, a special


form will be filled in and there may be a formal investigation .
01. Health and Safety at Work, etc. Act 1974 (HASWA) –
Prevention of Falls

 Employers must ensure that any working areas above the


ground or below (e.g. inspection pits) are guarded or protected.

 If employees have to work above ground level you must be kept


safe e.g. by wearing a safety harness if it is an area such as a
flat roof which is not guarded

 Stepladders should only be used for jobs that do not take long
and they must be safe and stable when in use.
01. Health and Safety at Work, etc. Act 1974 (HASWA) –
Welfare Facilities

 Employers must provide:-


 Toilets (can be shared by men and women in small workplaces)

 Sanitary disposal facilities for women

 Washbasins for hands near the toilet with hot and cold (or warm)
water, soap and drying facilities

 Cold drinking water (preferably not in the toilet area)

 Seating (if the job can be done sitting down)

 Somewhere clean to eat lunch (if it is a “dirty” job)

 Facilities for disabled people and pregnant women


01. Health and Safety at Work, etc. Act 1974 (HASWA) –

Environment

 There must be sufficient space to work safely and enough lighting


and ventilation

 Workplaces must be kept generally clean and tidy

 Chairs must be safe and comfortable

 Temperature – must be “reasonable”


 Reasonable means at least 16oC for office work and 13oC where there is
physical work

 In very hot weather, employers only need to provide local cooling e.g.
fans
01. Health and Safety at Work, etc. Act 1974 (HASWA) –

First Aid

 Employers have to provide first aid facilities at work

 As a minimum, there should be a fully stocked green first aid


box and a person appointed to take charge in an emergency

 Some workplaces have qualified first aiders and first aid rooms.

 Notices should inform employee where the first aid box is kept
and who the first aider(s) or appointed person(s) is/are.
01. Health and Safety at Work, etc. Act 1974 (HASWA) –

Fire Safety

 Employers must have arrangements in place


 To prevent fires

 To raise the alarm

 To fight fires (fire extinguishers)

 Emergency evacuation (including a pre-arranged meeting place for


staff to assemble following evacuation)

 Notices showing the safe evacuation routes from buildings


should be green and white
01. Health and Safety at Work, etc. Act 1974 (HASWA) –

Workplace Transport

 Any vehicle or piece of mobile equipment used at work (does not


include vehicles travelling on a public road)

 Employers protect pedestrians by


 Marking traffic routes

 Signposts at junctions

 One way systems

 Speed limits

 Warning horns when vehicles reverse

 Training of drivers
01. Health and Safety at Work, etc. Act 1974 (HASWA) –

Equipment

 The term covers everything from a hand tool to a large machine


like a crane.

 Before employees use equipment at work they should be shown


how to use it safely.

 Employees should never use equipment that you are not trained
or authorised to use.

 Electrical equipment should have a sticker on it indicating that


it has been tested and giving a date when the next test is due.
01. Health and Safety at Work, etc. Act 1974 (HASWA) –

Equipment

 Always wear any personal protective equipment such as goggles


or gloves.

 Carry out a visual check of equipment before use it and look for
any obvious defects.

 If noticed something wrong or unusual, report it to the manager


and put the equipment out of use.
01. Health and Safety at Work, etc. Act 1974 (HASWA) –

Personnel Protective Equipments (PPE)

 Employer should;

 Provide the PPE (free) if a risk assessment has shown it to be


necessary

 It must be exclusively for you and fit you comfortably

 Provide somewhere to store it

 Provide facilities for it to be cleaned and maintained

 Replace it when necessary

 Provide training (if necessary) in how to wear/use it properly


01. Health and Safety at Work, etc. Act 1974 (HASWA) –

Personnel Protective Equipments (PPE)

 Employee should;

 wear the PPE if it has been provided. Employee could


be held personally liable if he had an accident which
could have been prevented by him wearing PPE

 Employee must care for it, store it and clean it as


necessary;

 Employee must report any defects.


01. Health and Safety at Work, etc. Act 1974 (HASWA) –

Other Related Legislations

 The most prominent other pieces of legislation contained in the


HASWA are:
 Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 1995

 This deals with the reporting of injuries and accidents at work (serious and
fatal)

 Health and Safety (Display Screen Equipment) Regulations 1992

 This covers safe use of VDUs in the workplace

 Control of Substances Hazardous to Health (COSHH) 1994

 This deals with the storage and control of hazardous substances and items
such as protective equipment and clothing.
Communicating Health and Safety Regulations
 Employers have a responsibility to provide information on health and safety to
its employees.

 By law, if an organisation employs 5 or more staff, a written health and safety


policy must be issued to staff.

 Most organisations will produce their own company policies and procedures
for health and safety which must meet the minimum requirements laid down
by the HASWA.
Communicating Health and Safety Regulations
 Induction training – new employees receive a copy of the Health & Safety policy

 On-going training – might include the safe use of equipment, safe lifting and handling
techniques etc

 Use of notices – posting fire drill procedures, caution signs, no-smoking signs

 Demonstrations – first-aid, fire drills etc

 Organisational handbook – distributed to staff or made available to them

 Advice sessions – from health and safety officer or outside agencies

 Intranet – for accessing health and safety information

 Introducing a health and safety representative – who should be available for advice
and provide information on all aspects of health and safety
Breaches of Legislation and Procedures
 Breaches by the Organisation:

 Inspectors representing the Health and Safety Executive (HSE) or local government’s
Environmental Health Dept can visit organisations at any time to:

 Provide advice;

 Issue warnings, including notice to improve

 Immediately shut down operations without notice

 Penalties for breaches can include fines or even imprisonment

 Employees who believe the organisation has breached H & S can take their
case to an Industrial Tribunal

 This can result in a fine or even compensation paid to the employee


Breaches of Legislation and Procedures
 Breaches by Employees are normally dealt with through the organisation's
normally disciplinary procedures:

A verbal warning

A written warning

 Dismissal

 Referral to the police

 Civil and criminal prosecutions


Questions ??
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