MHSWR 1999 The Management of The Health & Safety At Work Regulations 1999 The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 These Regulations (usually called 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. Please note that failure to comply with these regulations is a criminal offence They set out how health and safety should be managed in workplaces, with the emphasis on risk assessment. The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 For Employers the main areas covered: Risk Assessments Management Arrangements for H&S Need for Competent Advice Emergency Procedures Information for employees Training The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 Risk Assessments: ALL employers must carry out Risk assessments to identify workplace hazards and the risks that they may pose to employees and anyone else affected by the work activity Where there is a finding of a significant risk then the risk assessment must be recorded (companies with four or less employees do not have to record in writing but are still expected to carry out the assessment) The risk assessments must be kept under review and up to date. Best practice is to review at least annually or immediately following an accident/untoward incident, or any changes in the workplace or work activities The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 Risk Assessments: In the unfortunate event of a serious accident you will be asked to produce the risk assessment (by HSE, Insurance Company or claimant’s solicitor). It must therefore be “suitable and sufficient”, employees aware of the requirements (control measures) and suitable training and supervision provided. Failure to meet these requirements may lead to prosecution, litigation or increased insurance premiums – or all three! The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 Specific Risk Assessments for Pregnant Workers and Young Persons There must be individual risk assessments for all pregnant women, nursing mothers and those who have given birth within the last six months, with records kept and the assessment regularly reviewed Where the medical practitioner advises that certain work activities would be harmful to the mother or her child, the employer must make alternative arrangements. Particular attention must be paid to the vulnerability and inexperience of young people when carrying out risk assessments which should be agreed before work starts. The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 Competent Advice on Health and Safety: Employers must appoint one or more persons who are competent, through experience and qualifications, to advise on health and safety matters. The level of qualifications required is proportionate to the risk and complexity of the operations. The competent person can be from within the company (if suitably qualified) or via external Consultants (e.g. The Safety Business Ltd!). It is important to bear in mind that the legal duty to safeguard the safety and health of workers lies with the employer and cannot be passed on to an outside consultant The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 Emergency Procedures There must be tried and tested procedures in place to manage emergency situations where employees may be exposed to serious dangers. There must be sufficient numbers of competent persons (i.e. those with sufficient training, knowledge and experience) to implement emergency evacuation procedures. Clearly understood procedures must be in place for contacting the emergency services The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 Information to Employees Comprehensive and relevant information must be provided to employees on: The identified workplace risks Preventative and protective measures in place e.g. safe working methods Procedures for dealing with imminent danger and emergencies Names of appointed people for dealing with specific emergencies Risks posed by anyone else who may be working on affected by the business Note This covers the display of the statutory HSE Notice which explains Employees’ Rights plus details such as location of the Enforcing Authority (HSE or EHO), Employment Medical Advisory Service and company H&S Competent Person. Please note that a new poster is available but old one is valid until 2014 The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 Employers must take into account the individual capabilities of staff when allotting tasks to them and ensure that all have adequate information and health and safety training upon: • recruitment, and • being exposed to new or increased risks because of being transferred or given a change of responsibility • introduction of new work equipment or systems • introduction of new technology Note : It is important to document (get signatures) training given to demonstrate that employee is/was competent to carry out the operation. This will be important in subsequent investigation/ litigation The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
MHSWR 1999 MHSWR 1999 What EMPLOYEES are required to do to comply with the Regulations Employees must use machinery, equipment, dangerous substances, etc in • accordance with any training and instructions given by the employer They should report any situations where they feel that there is a serious and • immediate danger to their health and safety They should also report any shortcomings in the employer’s arrangements for • health and safety The Safety Business Ltd www. safetybusiness .co.uk 020 7637 5047
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