Health and safety - frequently asked questions

What is the maximum/minimum temperature in the workplace?

The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment. Regulation 7 of these deals specifically with the temperature in indoor workplaces and states that:

(1) During Working hours, the temperature in all workplaces inside buildings shall be reasonable.

However, the application of the regulation depends on the nature of the workplace, i.e. a bakery, a cold store, an office, a warehouse.

The associated ACOP goes on to explain:

The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable. 'Workroom' means a room where people normally work for more than short periods.

The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.

HSE have produced a publication called Thermal Comfort in the Workplace HSG194, ISBN 0717624684, £3.50, which provides further guidance.

Although there is no maximum temperature stated in the regulations, the guidance states:

'An acceptable zone of thermal comfort for most people in the UK lies roughly between 13°C (56°F) and 30°C (86°F), with acceptable temperatures for more strenuous work activities concentrated towards the bottom end of the range, and more sedentary activities towards the higher end.

Because the maximum temperature is not stated in the regulation itself, the status of the ACOP must be explained and some cases may require advice or interpretation.

You may need to discuss measures such as, shading of windows, insulation of pipes, providing air cooling plant etc.

Questions may be raised regarding humidity, information on which can be taken from HSG132, Sick Building Syndrome.

In addition, questions may also raised regarding air conditioning, air movement, use of fans and what the employers duty is here. This question would also therefore move onto regulation 6, Ventilation.

The question may also cover some aspects of the Personal Protective Equipment at Work Regulations 1992, especially for those working in warehouses or cold stores.

Principle of risk assessment must also be employed, this too is often explained.

Who is responsible for reporting accidents that occur to employees at someone else's premises?

The answer given would depend on the status of the injured person. Any of the information below could be utilised.

Responsible person

The 'responsible person' must notify, report and record the events (deaths, injuries and dangerous occurrences) which are covered by regulations 3 and 4 and the cases of disease covered by regulation 5.

Self-employed people

When a self-employed person is injured or suffers ill health at work, whether they or someone else must report depends on who was in control of the premises where they were working at the time the injury or case of ill health occurred.

For example, if a self-employed person is seriously injured while working for a firm of subcontractors on a large building site controlled by a main contractor, the main contractor must report the injury. However, if the injured self-employed person is working in their own premises, or in other premises under their control at the time of the accident, they must report the injury.

Under RIDDOR there is no requirement on anyone to report the death of a self-employed person which occurs in premises where they are the owner or occupier (regulation 10 (5)).

All reportable events in mines - The mine manager

All reportable events in quarries or in closed mine or quarry tips - The owner

All reportable events at offshore installations, except in cases of disease reportable under regulation 5 - The owner, in respect of a mobile installation, or the operator in respect of a fixed installation (under these Regulations the responsibility extends to reporting incidents at subsea installations, except tied back wells and adjacent pipeline)

All reportable events at diving operations, except cases of disease reportable under diving regulation 5 - The diving contractor

Death, major injury, over-3-day injury, or case of disease (including of an employee at work cases of disease connected with diving operations and work at an offshore installation) - That person's employer

Death, major injury, over-3-day injury, or case of disease (including of an employee at work cases of disease connected with diving operations and work at an offshore installation, of a self-employed person at work in premises under the control of someone else - The person in control of the premises, at the time of the event; and in connection with their carrying on any trade, business or undertaking

Major injury, over-3-day injury, or case of disease of a self-employed person at work in premises under their - The self-employed person or someone control acting on their behalf

Death, or injury requiring removal to a hospital for treatment (or major injury occurring at a hospital), of a person who is not at work (but is affected by the work of someone els e), eg a member of the public , student, a resident of a nursing home - The person in control of the premises where, or in connection with the work going on at which, the accident causing the injury happened: at the time of the event; and in connection with their carrying on any trade, business or undertaking

DANGEROUS OCCURRENCES

One of the dangerous occurrences listed in Schedule 2 to the Regulations - The person in control of the premises sat the time the dangerous occurrence happened: and in connection with their carrying on any trade, business or undertaking, except:

- where, they occur at workplaces covered by part I of this table (ie at mines, quarries, closed mine or quarry tips, offshore installations or connected with diving operations); or

These:

A dangerous occurrence at a well - the concession owner or the person appointed by the concession owner to organise or supervise any operation carried out by the well

A dangerous occurrence at a pipeline - The owner of the pipeline

A dangerous occurrence involving a dangerous substance being conveyed by road - The operator of the vehicle

Mobile employees

A reportable injury to a mobile employee, sometimes referred to as a peripatetic employee, (for example, a goods or postal delivery worker, a refuse collector, a sales representative, community health nurse, a building worker who travels from site to site, social worker or a service engineer) must be reported by that person's employer, wherever the accident causing the injury happens. For example, if a mobile refrigeration engineer is seriously injured while working in a supermarket, the engineer's employer must make the report, not the operator of the supermarket. The report must be made to the local office of the relevant enforcing authority for the premises where, or in connection with the work at which, the injury occurred. Where a workplace is shared, co-operation between employers and self-employed people is required by regulation 9 of the Management of Health and Safety at Work Regulations 1999. For that reason, an employer in control of premises where there is a reportable accident involving a mobile employee working away from their base should inform that person's employer about it as soon as possible.

What details do you need to put on the new health and safety law poster?

Employee Representative

This box is for a representative that has been appointed/elected by the employees, either under the Safety Representatives and Safety Committee regulations 1977( if the work place has a trade union) or the Consultation with Employee Regulations 1996, (if there is no union represented). There is a free leaflet on the Consultation with Employees regulations available from HSE Books (Tel. No. 01787 881165) reference number INDG 232. If there is no one who has been appointed/elected by the employees and the employer consults directly with the employees, then this box is left blank.

Management Representative

This box is for the person appointed by the management, for Health and Safety, (i.e. health and safety officer). The Management of Health and Safety at Work Regulations 1999, regulation 7 states that "Every employer shall, appoint one of more competent persons to assist him in undertaking the measures he need to take to comply with the requirements imposed upon him by the regulations". Ultimately this could be the employer depending on the size and structure of the business, and if the employer has the relevant training and experience.

Contact Details

Your enforcing authority for health and safety depends on the type of business you conduct. In deciding who is your enforcing authority, you need to consider the type of workplace you are employed in.

The HSE enforce over premises such as factories, building sites, mines, farms, fairgrounds, quarries, railways, chemical plant, offshore and nuclear installations, schools and hospitals.

(we would give all address details here or the following information as an alternative)

A map/list of all HSE regions is available on the web at www.hse.gov.uk/fod/fodhome.htm

Once you have established the region that covers your workplace the address of the local offices is at www.hse.gov.uk/contact/index.htm.

The Local Authority enforce over premises such as retailing, some warehouses, most offices, hotels and catering, sports, leisure, consumer services and places of worship. Details of your local authority can be found in your local telephone directory or we can provide the telephone number if you can tell us in which council area you are located.

Employment Medical Advisory Service (EMAS)

EMAS departments are located at local HSE offices, although there are some small area offices without one. Where are you located in the country?. We will then provide the relevant address details appropriate for that workplace.

There is often much confusion between the roles of 'management representative' and 'union representative'. Many callers believe these to be the same person/role. It can often lead to an explanation of the management regulations and the consultation with employees regulations.

Do I have to / How do I remove asbestos?

The relevant legislation that would need to be considered is listed below:

The Control of Asbestos at Work Regulations 1987, as amended 1992 and 1998. These regulations set down requirements for the protection of persons being exposed to asbestos.

The Asbestos (Licensing) Regulations 1983, as amended 1998. These regulations require company's to be licensed to carry our work with asbestos insulation, asbestos coatings and asbestos insulating board.

The Asbestos (Prohibitions) Regulations 1992, as amended 1999. These regulations prohibit the importation, supply and use and reuse of crocidolite and amosite. The same prohibitions apply to chrysotile following the 1999 amendments.

The Special Waste Regulations 1996. These regulations require the waste to be consigned to a site which is authorised to accept asbestos waste.

(To what extent these regulations are discussed will be determined by how the question is developed, i.e. do you know which type of asbestos is to be removed, is it a domestic or commercial premise etc)

To safely remove the asbestos cement you would need to follow the requirements of the Control of Asbestos at work Regulations 1987 (as amended). These regulations apply to all work with asbestos, including asbestos cement.

Essentially the regulations require the following:

Reg. 4 - Requires that the type of asbestos is identified before work starts.

Reg. 5 - Requires that an assessment is carried out to identify the nature & degree of exposure and then to set steps to reduce exposure. This regulation also requires the preparation of a written plan of work detailing how the work will be carried out. The plan must be retained until the work is complete.

Reg. 6 - Notification of work. For work which does not require an asbestos license from the HSE (i.e. all work with asbestos cement), the duty to notify the enforcing authority applies only on the first occasion when work with asbestos is liable to result in employees' exposure exceeding the appropriate action level.

Reg. 7 - Information, instruction & training of employees must be provided.

Reg. 8 - Requires employers to prevent exposure or reduce it to the lowest level which is reasonably practicable without the use of respiratory protective equipment (RPE). RPE must be provided if the control limits are likely to be exceeded.

Reg. 9 - Requires employers to ensure control measures are applied and used properly.

Reg. 10 - Requires Local exhaust ventilation (LEV) and RPE to be examined and tested at suitable intervals. Records must be kept for 5 years.

Reg. 11 - Requires protective clothing is provided. The clothing must be adequately disposed of or cleaned at suitably equipped premises. Contaminated clothing removed from the site must be packed in a suitable container and labelled.

Reg. 12 - Requires employers to prevent/reduce the spread of asbestos.

Reg. 13 - Ensure premises and plant are kept in a clean state.

Reg. 14 - Where action levels are likely to be exceeded the work area must be designated as an asbestos area and where the control limits may be exceeded a respirator zone must be in place. Notices must be displayed.

Reg. 15 - Employers should monitor the exposure of employees to asbestos where appropriate and keep records. Monitoring will be appropriate unless:

  • exposures are known to be low and not likely to approach the relevant control limits and/or action levels;
  • the work is intermittent and of short duration and adequate information is available to enable the appropriate protective equipment to be provided; and
  • the protective equipment provided is of such a standard that no foreseeable measurement result could indicate a need for equipment of a higher standard.

Persons carrying out measurements of asbestos fibres in air must be accredited to EN45001.

Reg. 16 - If exposure of employees is likely to exceed the action levels, medical surveillance must be carried out and a health record kept for 40 years.

Reg. 17 - Provide washing and changing facilities

Reg. 18 - Requires asbestos which is stored or distributed to be in a suitable container and be clearly labelled.

Reg. 19 - Any person supplying a product containing asbestos must ensure the product is labelled.

(Reference: L27, The control of asbestos at work, ISBN 0717616738, £6.75)

(Any of the above regulations may need to be discussed depending on the answers given to further questioning during the call)

(Action Levels)

A control limit is that concentration of asbestos in the air (averaged over any continuous four-hour or ten-minute period) to which employees must not be exposed, unless they are wearing suitable RPE. The four-hour and ten-minute periods have their own control limits, the values of which varies depending on the type of asbestos present.

Action levels apply to exposure in the longer term, and are cumulative exposures calculated over any continuous 12-week period. The 12-week period should not be chosen to avoid exceeding an action level; it should represent a 'worst-case' for the work being undertaken. If the exposure of any employee exceeds or is likely to exceed an action level, the regulations in Control of asbestos at work Regulations on notification, designated areas and medical surveillance, apply.

Removal

The HSE produce a guidance publication, 'Working with asbestos cement', setting out basic guidelines for the Removal and Demolition of Asbestos Cement:

Dismantling and demolishing buildings, roofed or clad with asbestos cement sheet, presents special problems, especially if they are old and crumbling. Many asbestos cement products, such as roof sheets, cladding, drainpipes and gutters, are located at height and therefore present a risk of falls. Asbestos cement sheet is a fragile material, and people must not walk on it. You cannot rely on it to support the weight of a person, even with new sheets. It is important to emphasise that falls from, and through, fragile roofs are a major source of deaths in construction work, and precautions to prevent such accidents should be given priority. Further advice is given in HSE guidance HSG33, Health and Safety in Roof Work (1998).

In order to minimise exposure and control the spread of asbestos, you need to consider the following general precautions:

  • where reasonably practicable, remove the asbestos cement before the rest of the structure is demolished;
  • where possible, avoid further breaking the sheets;
  • keep the material wet when working on it;
  • where possible, lower the material onto a clean hard surface;
  • remove waste and debris from the site as soon as possible to prevent it being crushed underfoot or by moving vehicles;
  • do not bulldoze broken asbestos cement or sheet into piles;
  • do not dry sweep asbestos cement debris;
  • dispose of the waste and debris safely.

Manual dismantling methods

If asbestos cement sheets are in good condition and it is reasonably practicable to produce a safe system of work and provide safe access, they should be taken down whole. Roof sheets should preferably be removed from underneath with mobile elevating work platforms, for example scissor lifts or cherry pickers.

When adopting this method, the sheets should not be dropped or damaged. Methods such as careful transfer to covered lorries or skips, or wrapping intact in polythene sheeting, provide the best form of disposal.

Remote dismantling methods

If the sheets are disintegrating or the risk of falls is too great, remote demolition techniques such as deliberate controlled collapse should be used. Remote demolition will give rise to low exposures for the equipment operators, and to those who subsequently load the waste into lorries for disposal.

When remote techniques are used, the work area must be continually sprayed with water to suppress the spread of asbestos fibres. The roof sheeting should be broken into the building in a controlled manner onto the floor or hardstanding, for instance by using excavators fitted with suitable demolition attachments. You should ensure that this area is clear of other materials before work commences. The system of work should be designed to minimise breakage of sheets. Before, and while loading the broken sheeting into lorries, you should kept it damp by spraying with water. The lorries should be securely sheeted over to prevent the asbestos waste drying out on its way to the tip.

To members of the public, the remote method can appear noisy, dusty and often uncontrolled. They are often concerned about demolition of this type when they know or suspect the building was roofed or clad with asbestos cement. In order to alleviate these concerns about this type of work, contractors can:

  • keep the neighbours informed about the work;
  • carry out background air sampling at the perimeter of the site.

(Reference: HSG 189/2, Working with asbestos cement, ISBN 0717616673, £7.50)

Licensing

This type of work, with asbestos cement, will not require removal by a licensed contractor. The Asbestos Licensing Regulations do not apply to asbestos cement products.

(Reference: L11, A guide to the Asbestos licensing regulations 1983 as amended, ISBN0717624358, £6.00)

Waste

Asbestos waste, defined as containing more than 0.1% w/w asbestos in the waste, is subject to the waste management controls set out in the Special Waste Regulations 1996. These Regulations require the waste to be consigned to a site which is authorised to accept asbestos waste. This is enforced by the Environment Agency or local authorities in England and Wales, and the Scottish Environment Protection Agency in Scotland.

Whatever type of waste container (for example, plastic sacks) is used, it is important to emphasise that the container should be:

  • made of a material which in normal handling is strong enough to contain the waste and which takes account, if necessary, of materials in the waste sharp enough to cause punctures;
  • capable of being readily decontaminated before leaving the work area;
  • kept secure on site until sent for disposal for example in a locked skip;
  • properly labelled.

(Reference: HSG 189/2, Working with asbestos cement, ISBN 0717616673, £7.50)

For further information on the safe disposal of asbestos waste, either contact your Local Authority, or the Environment Agency, Tel: 08459 333111

As well as the priced publications, there are also a number of free publications that may be relevant to you:

INDG187 - Asbestos dust : the hidden killer! Are you at risk? : essential advice for building maintenance, repair and refurbishment workers

INDG188 - Asbestos alert for building maintenance, repair and refurbishment workers

INDG223 - Managing asbestos in workplace buildings : the hidden killer! Are you putting others at risk

INDG255 - Asbestos dust kills : keep your mask on : guidance for employees on wearing respiratory protective equipment for work with asbestos

INDG289 - Working with asbestos in buildings

Although extensive information is included here, any one of the aspects listed may be discussed in some way. Again this subject encourages many subsidiary questions, for example, how do we dispose of asbestos, queries regarding the prohibitions regulations and PPE.

Do you have any information on how to compile a health and safety policy?

By law (Health and Safety at Work etc Act 1974 section 2(3)) if you employ five or more people you must have a written health and safety policy. This contains your statement of general policy on health and safety at work and the organisation and arrangements in place for putting that policy into practice.

The HSE have recently produced a new free leaflet called 'Stating your business: Guidance on preparing a health and safety policy document for small firms' (Ref: INDG324).

This document contains a statement of general policy based on your legal duties under the Health and Safety at Work Act 1974. It then contains sections in which to record your organisational responsibilities and your arrangements to ensure the health and safety of your employees. The document also contains notes and references for further information.

The document may be used as a template in order for you to develop your own policy.

INDG 324 outlines the following areas to be covered in the statement

  • HEALTH AND SAFETY POLICY STATEMENT - Statement of general policy, signed and dated.
  • RESPONSIBILITIES - overall, day-to-day, specific areas
  • HEALTH AND SAFETY RISKS ARISING FROM OUR WORK ACTIVITIES - what they are, action needed to remove / control, who is responsible, time for review
  • CONSULTATION WITH EMPLOYEES - who are the employee representatives, who provides consultation
  • SAFE PLANT AND EQUIPMENT - who is responsible for identifying when maintenance is needed, who draws up maintenance procedures, who to report problems to, who purchases new equipment
  • SAFE HANDLING AND USE OF SUBSTANCES - who identifies hazardous substances, who is responsible for undertaking COSHH assessments, informing employees, reviewing assessments
  • INFORMATION, INSTRUCTION AND SUPERVISION - where is the Health and Safety Law Poster displayed or who issues the equivalent leaflets, who supervises and trains new recruits and young workers
  • COMPETENCY FOR TASKS AND TRAINING - who provides induction training, job specific training, keeps training records
  • ACCIDENTS, FIRST AID AND WORK RELATED ILL HEALTH - who requires, arranges and keep records of health surveillance, where is the
  • first aid equipment stored, who is the appointed person / first aider, who keep records, who reports under RIDDOR
  • MONITORING - who monitors conditions and safe working practices, who investigates accidents and work related sickness
  • EMERGENCY PROCEDURES: FIRE AND EVACUATION - who carries out fire risk assessments, how often are the following checked: escape routes, fire extinguishers, alarms, evacuation procedures.
Copies of INDG 324 can be downloaded from the internet or ordered from HSE Books:
Am I entitled to an eyesight test if I work on a VDU?

The regulations that cover VDU work are the Health and Safety (Display Screen Equipment) Regulations 1992.

Regulation 5 covers the employers responsibility for providing eyesight tests and states:

  • Where a person -
  • is already a user on the date of coming into force of these regulations; or
  • is an employee who does not habitually use display screen equipment as a significant part of his normal work but is to become a user in the undertaking in which he is already employed,
  • His employer shall ensure that he is provided at his request with an appropriate eye and eyesight test, any such test to be carried out by a competent person.
  • Any eye and eyesight test provided shall -
  • (a) be carried out as soon as practicable after being requested by the user concerned; and
  • (b) be carried out before the employee concerned becomes a user.
  • At regular intervals after an employee has been provided with an eye and eyesight test in accordance with paragraphs (1) and (2), his employer shall, subject to paragraph (6), ensure that he is provided with a further eye and eyesight test of an appropriate nature, any such test to be carried out by a competent person.
  • Where a user experiences visual difficulties which may reasonably be considered to be caused by work on display screen equipment, his employer shall ensure that he is provided at his request with an appropriate eye and eyesight test, any such test to be carried out by a competent person as soon as practicable after being requested as aforesaid.
  • Every employer shall ensure that each user employed by him is provided with special corrective appliances appropriate for the work being done by the user concerned where -
  • Normal corrective appliances cannot be used; and
  • The result of any eye and eyesight test which the user has been given in accordance with this regulation shows such provision to be necessary.
  • Nothing in paragraph (3) shall require an employer to provide any employee with an eye and eyesight test against that employee's will.

There is no reliable evidence that work with display screen equipment causes any permanent damage to eyes or eyesight, but it may make users with pre-existing vision defects more aware of them. This (and/or poor working conditions) may give some users temporary visual fatigue or headaches. Uncorrected vision defects can make work at display screens more tiring or stressful than it should be, and correcting defects can improve comfort, job satisfaction and performance. (Note that some display screen work may also require specific visual capabilities such as colour discrimination).

Eye and eyesight test

Regulations require employers to provide users who so request it with an appropriate eye and eyesight test. In Great Britain an "appropriate eye and eyesight test" means a "sight test" as defined in the Opticians Act legislation. The test includes a test of vision and an examination of the eye. For the purpose of the Display Screen Equipment Regulations, the test should take account of the nature of the users' work, including the distance at which the screen is viewed. Display screen users are not obliged to have such tests performed but where they choose to exercise their entitlement, employers should offer an examination by a registered ophthalmic optician, or a registered medical practitioner with suitable qualifications ("optometrist" and "doctor" respectively). (All registered medical practitioners, including those in company occupational health departments, are entitled to carry out sight tests but normally only those with an ophthalmic qualification do so).

Employers have a duty to ensure the provision of appropriate eye and eyesight tests on request:

  • to their employees who are already users when the Regulations come into force;
  • and (thereafter) to any of their non-user employees who are to become users.

The Regulations do not give employers any duty to offer eye and eyesight tests to persons not in their employment, such as applicants for jobs. However, where somebody has been recruited and is to work with display screen equipment to the extent that they will become a user, Regulation 5(1)(b) becomes applicable. Hence where a newly recruited employee of this kind - whether or not they have been a user in any previous employment in a different undertaking - requests one, an appropriate eye and eyesight test should be arranged by their new employer. The test should be carried out before the newly recruited employee becomes a user, as required by Regulation 5(2)(b). This does not mean that new recruits must be given a test before doing any display screen work, but they would have to be given a test (if they requested one) before doing sufficient display screen work for this to be regarded as a significant part of their normal work.

The British College of Optometrists has produced a statement of good practice for optometrists, obtainable from them . Among other things, it makes clear that the purpose of the eye test by an optometrist or doctor under Regulation 5 is to decide whether the user has any defect of sight which requires correction when working with a display screen. It follows that users need to be able to describe their display screen and working environment when they have the eye test. As the College points out, the optometrist will need to make a report to the employer, copied to the employee, stating clearly whether or not a corrective appliance is needed specifically for display screen work and when re-examination should take place. Any prescription, or other confidential clinical information from the eye test, can only be provided to the employer with the employee's consent.

Vision screening tests

Vision screening tests are a means of identifying individuals with defective vision who need a full sight test. These tests are not designed to screen for eye defects, such as injury or disease, that may not at first affect vision. Where companies offer vision screening facilities, some users may opt for a vision screening test to check their need for a full sight test. Other users, however, may choose at the outset to exercise their entitlement to a full sight test, and in such cases the employer must arrange for the test to be provided.

Where the user opts for vision screening, the screening instrument or other test method used should be capable of testing vision at the distances appropriate to the user's display screen work, including the intermediate distance at which screens are viewed (normally 50-60 cm). Where test results indicate that vision is defective at the relevant distances, the user should be informed and referred to an optometrist or doctor for a full sight test.

Those conducting eyesight screening tests should have basic knowledge of the eye and its function and be competent in operation of the instrument and/or tests. Both the test results and the need for further referral should be assessed by those with medical, ophthalmic, nursing or paramedical skills.

Regularity of provision of eye and eyesight tests

Regulation 5 requires that eye and eyesight tests are provided:

  1. as soon as practicable after display screen users have made a request;
  2. for employees who are to become users, and have made a request. In such cases the test must be carried out before the employee becomes a user;
  3. for users at regular intervals thereafter to check the need for special corrective appliances for display screen work, provided that they want the tests. Employers should be guided by the clinical judgement of the optometrist or doctor on the frequency of repeat testing. The frequency of repeat testing needed will vary between individuals, according to factors such as age. However, employers are not responsible for any corrections for vision defects or examinations for eye complaints which are not related to display screen work which may become necessary within the period. These are the responsibility of the individual concerned;
  4. for users experiencing visual difficulties which may reasonably be considered to be related to the display screen work, for example visual symptoms such as eyestrain or focussing difficulties.

Where an eye test by an optometrist suggests that a user is suffering eye injury or disease, the user will be referred to his or her registered medical practitioner for further examination. This examination is free of charge under the National Health Service.

Corrective appliances

"Special" corrective appliances (normally spectacles) provided to meet the requirements of the Regulations will be those appliances prescribed to correct vision defects at the viewing distance or distances used specifically for the display screen work concerned. "Normal" corrective appliances are spectacles prescribed for any other purpose. It should be noted that experience has shown that in most working populations only a minority (usually less than 10%) will need special corrective appliances for display screen work. Those who need special corrective appliances may include users who already wear spectacles or contact lenses, or others who have uncorrected vision defects.

Anti-glare screens, and so-called "VDU spectacles" and other devices that purport to protect against radiation, are not special corrective appliances .

Employers' liability for costs

The provision of eye and eyesight tests and of special corrective appliances under the Regulations is at the expense of the USER'S EMPLOYER. This is the case even if the user works on other employers' workstations. Employers are free to specify that users' tests and correction are provided by a particular company or professional. "Normal" corrective appliances are at the user's own expense.

Users needing special corrective appliances may be prescribed a special pair of spectacles for display screen work. Employers' liability for costs is restricted to payment of the cost of a basic appliance, ie of a type and quality adequate for its function. If users wish to choose more costly appliances (eg with designer frames; or lenses with optional treatments not necessary for the work), the employer is not obliged to pay for these. In these circumstances employers may either provide a basic appliance as above, or may opt to contribute a portion of the total cost of a luxury appliance equal to the cost of a basic appliance.

If users are permitted by their employers to choose spectacles to correct eye or vision defects for purposes which include display screen work but go wider than that, employers need contribute only the costs attributable to the requirements of the display screen work involved.

There is a free leaflet available from HSE Books (tel: 01787 881165 )

This information has been taken from Display screen equipment work : guidance on regulations : Health and Safety (Display Screen Equipment) Regulations 1992, ISBN 0717604101, £5.75.

You may have to use any of the information noted above. Questions often ask for the definition of a user and the application of the regulations to agency workers. This question also leads to numerous subsidiary questions such as, viewing distances, workstation assessment, radiation, lighting etc.

How many first aiders do I require?

For this question, you would need to first to establish size and nature of business, then in most cases there is a need to describe the difference between a qualified first aider and an appointed person. You may also need to go into more detail regarding the training required and what should be contained in a training course.

The relevant regulations are the Health and Safety (First Aid) Regulations 1981

There are also a number of associated publications:

  • L74, First aid at work, ISBN 0717610500, £6.75
  • INDG 214, First aid at work, free for a single copy
  • INDG 347 - previously INDG 215, Basic advice on first aid at work, free for a single copy

This guidance sets out the difference between a 'first aider' and an 'appointed person':

First aider

*A first aider is someone who has undergone a training course in administering first aid at work and holds a current first aid at work certificate. The training has to have been approved by HSE. (indg 214)

* Where the first-aid assessment identifies a need for people to be available for rendering first aid, the employer should ensure that they are provided in sufficient numbers and at appropriate locations to enable first aid to be administered without delay should the occasion arise. Where 50 or more people are employed, at least one such person should be provided unless the assessment justifies otherwise. A first aider must hold a valid certificate of competence in first aid at work, issued by an organisation whose training and qualifications are approved by HSE. As first aid at work certificates are only valid for the length of time HSE decides (currently three years), employers need to arrange refresher training with re-testing of competence before certificates expire. If a certificate expires, the individual will have to undertake a full course of training to be re-established as a first aider.(L 74)

Appointed person

An appointed person is someone you choose to:

  • Take charge when someone is injured or falls ill, including calling an ambulance if required;
  • Look after the first-aid equipment, eg restocking the first-aid box.

Appointed persons should not attempt to give first aid for which they have not been trained, though short emergency first-aid training courses are available. Remember that an appointed person should be available at all times people are at work on site - this may mean appointing more than one.

Where an employer's assessment of first-aid needs identifies that a first aider is not necessary, the minimum requirement on an employer is to appoint a person to take charge of the first-aid arrangements, including looking after the equipment and facilities and calling the emergency services when required. Arrangements should be made for an appointed person to be available to undertake these duties at all times when people are at work. Even in organisations with comparatively low health and safety risks where first aiders are considered unnecessary, there is always a possibility of accident or sudden illness. It is important, therefore, that someone is always available to take immediate action, such as calling an ambulance. Employers must, in the absence of first aiders, appoint a person for this purpose, though appointed persons are not necessary where there is an adequate number of first aiders.

It should be remembered that appointed persons are not first aiders and so should not attempt to give first aid for which they have not been trained. However, as the appointed person is required to look after the first-aid equipment and should ideally know how to use it, employers are strongly advised to consider the need for emergency first-aid training for appointed persons. Courses normally last four hours and cover the following topics:

  • what to do in an emergency;
  • cardio-pulmonary resuscitation;
  • first aid for the unconscious casualty;
  • first aid for the wounded or bleeding.

HSE approval is not required for this training.

In a company with, for example 20 people, the number and type of first aid personnel would be based on an assessment. In assessing need, employers need to consider:

  • workplace hazards and risks;
  • the size of the organisation;
  • the organisation's history of accidents;
  • the nature and distribution of the workforce;
  • the remoteness of the site from emergency medical services;
  • the needs of travelling, remote and lone workers;
  • employees working on shared or multi-occupied sites;
  • annual leave and other absences of first aiders and appointed persons.

The guidance does give suggested numbers of first aid personnel:

Lower risk e.g. shops, offices, libraries

Numbers employed at any location Suggested number of first-aid personnel
Fewer than 50 At least one appointed person
50 - 100 At least one first aider
More than 100 One additional first aider for every 100 employed

Medium risk e.g. light engineering and assembly work, food processing, warehousing

Numbers employed at any location Suggested number of first-aid personnel
Fewer than 20 At least one appointed person
20 - 100 employed (or part thereof) At least one first aider for every 50
More than 100 One additional first aider for every 100 employed

Higher risk e.g. construction, slaughterhouses, chemical manufacture, extensive work with dangerous machinery or sharp instruments

Numbers employed at any location Suggested number of first-aid personnel
Fewer than five At least one appointed person
5 - 50 At least one first aider
More than 50 One additional first aider for every 50 employed

The details in the table are suggestions only - they are not definitive nor are they are legal requirement. It is for you to assess your first-aid needs in the light of your particular circumstances.

With regards to members of the public being present on the site, these Regulations do not oblige employers to provide for first aid for anyone other than their own employees. Indeed, Regulations requiring first-aid provision for members of the public cannot be made under the Health and Safety at Work etc Act 1974. But many undertakings, for example educational establishments, health authority premises, places of entertainment, fairgrounds and shops provide a service for others, and employers may wish to include them in their assessment of needs and make provision for them. Employers should be aware that the compulsory element of employers' liability insurance does not cover litigation resulting from first aid to non-employees. However, many public liability insurance policies do cover this aspect and employers may wish to check their public liability insurance policy on this point.

Where first-aid provision is intended to cover both employees and others, employers should take care to ensure that the level of provision for:

employees does not fall below the standard required by these Regulations;

the public and others complies with other relevant legislation and guidance. For example, the Road Traffic Act 1960 regulates first-aid provision on buses and coaches.

Do I need to wear a safety harness when working at height?

Regulations do not state that you have to wear a harness, however, regulation 6 of the Construction Health Safety and Welfare Regulations 1996 states that

  • Suitable and sufficient steps shall be taken to prevent, so far as is reasonably practicable, any person falling.
  • In any case where the steps referred to in paragraph (1) include the provision of --
  • any guard-rail, toe-board, barrier or other similar means of protection; or
  • any working platform,
  • it shall comply with the provisions of Schedule 1 and Schedule 2 respectively.
  • Where any person is to carry out work at a place from which he is liable to fall a distance of 2 metres or more or where any person is to use a means of access to or egress from a place of work from which access or egress he is liable to fall a distance of 2 metres or more --
  • there shall, be provided and used suitable and sufficient guard-rails and toe-boards, barriers or other similar means of protection to prevent, so far as is reasonably practicable, the fall of any person from that place, which guard-rails, toe-boards, barriers and other similar means of protection shall comply with the provisions of Schedule 1; and
  • where it is necessary in the interest of the safety of any person that a working platform be provided, there shall, be so provided and used a sufficient number of working platforms which shall comply with the provisions of Schedule 2; and
  • where it is not practicable to comply with all or any of the requirements of sub-paragraphs (a) or (b) above or where due to the nature or the short duration of the work compliance with such requirements is not reasonably practicable, there shall, subject to sub-paragraph (d) below, be provided and used suitable personal suspension equipment which shall comply with the provisions of Schedule 3; and
  • where it is not practicable to comply with all or any of the requirements of sub-paragraphs (a), (b) or (c) above or where due to the nature or the short duration of the work compliance with such requirements is not reasonably practicable, such requirements of those sub-paragraphs as can be complied with shall be complied with and, in addition, there shall be provided and used suitable and sufficient means for arresting the fall of any person which shall comply with the provisions of Schedule 4.
  • Means for the prevention of, or for protection from, falls provided pursuant to sub-paragraph (a) and (d) of paragraph (3) may be removed for the time and to the extent necessary for the movement of materials, but shall be replaced as soon as practicable.
  • A ladder shall not be used as, or as a means of access to or egress from, a place of work unless it reasonable to do so having regard to --
  • the nature of the work being carried out and its duration; and
  • the risks to the safety to any person arising from the use of the ladder.
  • Where a ladder is used pursuant to paragraph (5) --
  • it shall comply with the provisions of Schedule 5; and
  • the provisions of paragraph (3) shall not apply.
  • Any equipment provided pursuant to this regulation shall be properly maintained.
  • The installation or erection of any scaffold provided pursuant to paragraph (1) or sub-paragraph (b) of paragraph (3) and any substantial addition or alteration to such scaffold shall be carried out only under the supervision of a competent person.
  • The installation or erection of any personal suspension equipment or any means of arresting falls provided pursuant to sub-paragraphs (c) or (d) of paragraph (3) shall be carried out only under the supervision of a competent person, and for the purposes of this paragraph installation shall not include the personal attachment of any equipment or means of preventing falls to the person for whose safety such equipment or means is provided.
  • No toe-boards shall be required in respect of any stairway, or any rest platform forming part of a scaffold, where such stairway or platform is used solely as a means of access to or egress from any place of work, provided that the stairway or platform is not being used for the keeping or storing of any material or substance.

This information is usually supplemented with the information contained in the schedules depending on the nature of the work, eg, scaffolding, work platforms, etc. We would usually discuss guidance from HSG150. Currently information is being forwarded to enquirers regarding working platforms in the form of LAC 314/19. Also, there has been information issued by the National Scaffolding Contractors Association - Safety harnesses to be worn at all times by scaffolders and fitted with a 1.75m length lanyard and a 55mm opening scaffold hook or similar for one handed operation; Harnesses should be clipped on to a secure anchorage point where falls of 4 metres or more are possible. A secure anchorage point requires the following minimum conditions.

How do I carry out a risk assessment?
  • Risk assessments are a legal requirement under the Management of Health and Safety at Work Regulations 1999. Regulation 3 of these regulations stipulates that:

Every employer shall make a suitable and sufficient assessment of -

  1. the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
  2. the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking.

The Approved Code of Practice goes on to say:

This regulation requires all employers and self-employed people to assess the risks to workers and any others who may be affected by their work or business. This will enable them to identify the measures they need to take to comply with health and safety law. All employers should carry out a systematic general examination of the effect of their undertaking, their work activities and the condition of the premises. Those who employ five or more employees should record the significant findings of that risk assessment.

A risk assessment is carried out to identify the risks to health and safety to any person arising out of, or in connection with, work or the conduct of their undertaking. It should identify how the risks arise and how they impact on those affected. This information is needed to make decisions on how to manage those risks so that the decisions are made in an informed, rational and structured manner, and the action taken is proportionate.

A risk assessment should usually involve identifying the hazards present in any working environment or arising out of commercial activities and work activities, and evaluating the extent of the risks involved, taking into account existing precautions and their effectiveness. In this approved code of practice:

  • a hazard is something with the potential to cause harm (this can include articles, substances, plant or machines, methods of work, the working environment and other aspects of work organisation);
  • a risk is the likelihood of potential harm from that hazard being realised. The extent of the risk will depend on:
    1. the likelihood of that harm occurring;
    2. the potential severity of that harm, i.e. of any resultant injury or adverse health effect; and
    3. the population which might be affected by the hazard, i.e. the number of people who might be exposed.

The purpose of the risk assessment is to help the employer or self-employed person to determine what measures should be taken to comply with the employer's or self-employed person's duties under the 'relevant statutory provisions' and part ii of the fire regulations. This covers the general duties in the Health and Safety at Work Act (HASAWA) and the requirements of part ii of the fire regulations and the more specific duties in the various acts and regulations (including these regulations) associated with the HASAWA . Once the measures have been determined in this way, the duty to put them into effect will be defined in the statutory provisions. For example a risk assessment on machinery would be undertaken under these regulations, but the Provision and Use of Work Equipment Regulations 1998 determine what precautions must be carried out.

HSE produce the following publications with regards to risk assessments:

  • Management of health and safety at work : Approved Code of Practice, L21, ISBN 0717624889, £8.00
  • Five steps to risk assessment : case studies, HSG183, ISBN 0717615804, £6.75
  • Five Steps to risk assessments, INDG163, Free
  • A guide to risk assessments requirements, INDG218, Free

Although this information is taken from the Management ACOP, answers usually require this as a basis.

Callers seek information regarding what is a 'significant risk'.

We will often talk callers through the leaflet (INDG163), as questions regarding the recording of a risk assessment are popular.

The question is often asked in relation to other topics, for example PPE, hazardous substances or construction. Therefore, other

Remember for confidential help and information you can contact the HSE Infoline (tel: 08701 545500 or email: hseinformationservices@natbrit.com

Things you can do:

Contact details:

Telephone:
01722 434319 or 434320

email:
enhmail@salisbury.gov.uk

Postal address:
Environmental Services
Salisbury District Council
PO Box 2126
Salisbury
SP2 2DJ