In addition to the legislation covered earlier in this chapter the following are worthy of note.
Provision and Use of Work Equipment 1998 Regulations (PUWER) generally require that equipment provided for use at work is suitable, safe for use, maintained in a safe condition, and in certain applications inspected. Personnel using work equipment should have adequate information, instruction and training. Suitable safety measures, for example, protective devices, markings and warnings should also be in place.
Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) require that any lifting equipment used at work for lifting or lowering loads is:
• strong and stable enough for the particular use and marked to indicate safe working loads;
• positioned and installed to minimize any risks;
• used safely, ensuring the work is planned, organized and performed by competent people;
• subject to ongoing thorough examination and, where appropriate, inspection by competent people.
Workplace (Health, Safety and Welfare) Regulations 1992 apply to most but not all workplaces, some workplaces such as mines, quarries, construction and temporary mobile work-sites, and offshore installations are covered by separate legislation. The regulations aim to ensure that workplaces meet the basic health, safety and welfare needs of all the members of the workforce including people with disabilities and need to be considered during the design stage of projects. Health issues covered by the regulations include:
• adequate ventilation;
• temperature in indoor workplaces (thermal comfort);
• cleanliness and waste materials ;
• room dimensions and space;
• work stations and seating.
New Roads and Street Works Act 1991 covers works undertaken within the highway such as inspection, placement and maintenance of pipes, cables, sewers, drains, etc. which are laid in the carriageway or footway. It does not include road construction or maintenance which is covered by the Highways Act.
Control of Substances Hazardous to Health Regulations 2002 (COSHH) revoke and re-enact, with modifications, the Control of Substances Hazardous to Health Regulations 1999. They include changes to implement the requirements of the Chemical Agents Directive. COSHH applies to those substances classified as very toxic, toxic, harmful, corrosive or irritant under the Chemicals (Hazard Information and Packaging) Regulations. The regulations require a risk assessment to be undertaken of health risks created by work involving substances hazardous to health.
Control of Lead at Work Regulations 2002 revoke and re-enact, with minor modifications, the Control of Lead at Work Regulations 1998. The regulations also include changes required to fully implement the Chemical Agents Directive. Generally the regulations place duties on employers to provide greater protection to workers by reducing their exposure to lead.
Control of Asbestos at Work Regulations 2002 have been issued and came into force on 21 November 2002 except for Regulation 4 (21 May 2004) and Regulation 20 (21 November 2004). The regulations revoke, consolidate and re-enact with modifications of the Control of Asbestos at Work Regulations 1987 and
• introduce a new regulation to manage asbestos in non-domestic premises;
• incorporate the requirements of the Chemical Agents Directive;
• introduce a requirement for accreditation of laboratories that analyse materials to identify asbestos.
Manual Handling Operations Regulations 1992 outline how to address risks to health and safety of employees required to carry out manual handling in the course of their employment. HSE guidance refers to a maximum weight limit of 25 kg to be lifted and 20 kg for repetitive work such as laying blocks.
Health and Safety (Display Screen Equipment) Regulations 1992 places duties on employers relating to employees who regularly use computers, etc.
Electricity at Work Regulations 1989 require precautions to be taken against the risk of death or injury from electricity during work at or near electrical systems (electrical installations and equipment).
The Personal Protective Equipment at Work Regulations 2002 came into force on 15 May 2002. They repeal and replace the Personal Protective Equipment (EC Directive) Regulations 1992. The 2002 Regulations apply to anyone who manufactures, imports, supplies or distributes personal protective equipment (PPE). The regulations set out the basic health and safety requirements for different types and classes of PPE, including design principles and information that manufacturers must supply.
The Dangerous Substances and Explosive Atmospheres Regulations 2002 (DSEAR) implement safety aspects of the Chemical Agents Directive (CAD) and the Explosive Atmospheres Directive (ATEX 137). DSEAR covers safety aspects such as fires and explosions arising from dangerous substances and places requirements on employers and the self-employed to
• carry out a risk assessment of activities involving dangerous substances;
• eliminate, reduce and control identified risks;
• classify hazardous places into zones based on the likelihood of an explosive atmosphere being present;
• make arrangements for dealing with accidents, incidents and emergencies.
The Building (Amendment) (No. 2) Regulations 2002 have been issued and come into force on 1 July 2003. Regulation 2(8) and Schedule 1 come into force on 1 March 2003 and Regulation 2(7) on 1 January 2004. Primarily the following now applies:
• a new regulation requiring the carrying out of sound insulation testing in certain circumstances;
• a new Part B of Schedule 1 (Fire Safety) which replaces the existing Part B and new requirements on internal fire spread (linings) in Paragraph B2(1) allow for testing to European standards.
Control of Major Accident Hazards Regulations 1999 (COMAH) Their main aim is to prevent and mitigate the effects of those major accidents involving dangerous substances, such as chlorine, liquefied petroleum gas, explosives and arsenic pentoxide which can cause serious damage/harm to people and/or the environment. The COMAH Regulations treat risks to the environment as seriously as those to people.
The Confined Spaces Regulations 1997 apply where the assessment identifies risks of serious injury from work in confined spaces. These regulations contain the following key duties:
• avoid entry to confined spaces, for example, by doing the work from the outside;
• if entry to a confined space is unavoidable, follow a safe system of work;
• put in place adequate emergency arrangements before the work starts.
Work in Compressed Air Regulations 1996 provide a framework for the management of health and safety risks by those undertaking tunnelling and other construction work in compressed air. They address such issues as
• safe systems of work; medical surveillance;
• compression and decompression procedures (including HSE approval of procedures);
• medical treatment;
• emergency procedures;
• fire precautions;
• provision of information, instruction and training;
• maintenance of health and exposure records.
Many of the duties are placed upon compressed air contractors to reflect the practical operation of the industry and in recognition of the fact that the contractor in charge of the compressed air operations is best placed to manage and control the health and safety risks of such work.
Diving at Work Regulations 1997 seek to control the hazards associated with diving at work. They apply to all commercial diving in Britain. Practical guidance on how to comply with these regulations is contained in the HSC Approved Codes of Practice (L 104).
Reporting of Injuries Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) covers the duties of reporting of serious and fatal accidents, diseases and dangerous occurrences to the HSE by the employer or the controller of a site.
The Health and Safety (First-Aid) Regulations 1981 require employers to provide adequate and appropriate equipment, facilities and personnel to work. These regulations apply to all workplaces including those with five or fewer employees and to the self-employed.
The Noise at Work Regulations 1989 and various other regulations apply to noise or include specific provisions on it, including: the Management of Health and Safety at Work Regulations 1999; the Provision and Use of Work Equipment Regulations 1998 and the Supply of Machinery (Safety) Regulations 1992.
Anew Directive on the minimum health and safety requirements regarding exposure of workers to the risks arising from physical agents (noise), which will repeal Directive 86/188/ EEC, was adopted in early December 2002. On 15 February 2003 the Directive came into force and the UK has three years to implement the requirements of it. The main aspects relate to the reduction in the trigger levels, that is, from 85 dB(A) to 80 dB(A) for making protection available and from 90 dB(A) to 85 dB(A) for hearing protection to be worn.
Pressure Equipment Regulations 1999 cover a wide range of equipment such as, reaction vessels, pressurized storage containers, heat exchangers, shell and water tube boilers, industrial pipework, safety devices and pressure accessories.
The Supply of Machinery (Safety) Regulations 1992 require all UK manufacturers and suppliers of new machinery to make sure that the machinery which they supply is safe. They also require manufacturers to make sure that:
• machinery meets relevant essential health and safety requirements (these are listed in detail in the regulations), which include the provision of sufficient instructions;
• a technical file for the machinery has been drawn up;
• there is a ‘declaration of conformity’ (or in some cases a ‘declaration of incorporation’) for the machinery;
• there is ‘CE’ marking affixed to the machinery (unless it comes with a declaration of incorporation).