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C o n s t ruction Health and Safety 

MANAGEMENT OF HEALTH AND

SAFETY AT WORK 

Section 0B

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N O T E

Whilst every care has been taken to ensure accuracy withinthis work, no liability whatsoever is accepted by ConstructionHealth and Safety, its sponsoring organisations or their advisers in respect of the information given.

No material from this book may be reproduced in any shape or form without written permission from the publishers.

Printed in Great Britain by ArklePrint Ltd, 17 Gatelodge Close, Round Spinney, Northampton NN3 8RJ.Published by the Construction Confederation,

55 Tufton Street, London SW1P 3QL

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0B – 3December 2000

I n t ro d u c t i o n

The Management of Health and Safety at Wo r k Regulations 1999  apply to all work activities, with theexception of those in sea-going ships. The 1999 re g u l a t i o n s

revoke and consolidate amendments made to the 1992regulations and also revoke the Management of Health &Safety at Work (Amendment) Regulations 1994; The Healthand Safety (Young Persons) Regulations 1997; and Part III of the Fire Precautions (Workplace) Regulations 1997.

T h e re is an Approved Code of Practice which givesguidance on compliance with the regulations and specificH S E guidance on young persons at work. Extracts from thecode and from the guidance are quoted in the followingparagraphs which cover the main re q u i re m e n t s .

It should be noted that, in construction work, theConstruction (Design & Management) Regulations 1994 (CDM), are allied to the Management of Health and Safetyat Work Regulations. The CDM regulations place specificduties on clients, planning supervisors, designers and

contractors which are in addition to duties under theManagement of Health and Safety at Work Regulations on ac o n s t ruction project. Guidance on the CDM regulations andits Approved Code of Practice is given in Section OC.

R e q u i rements of the re g u l a t i o n s

Risk assessment (Regulation 3)This regulation re q u i res employers and self-employed

persons to make a suitable and sufficient assessment of therisks to workers and any others who may be affected by theiru n d e rtaking and to re c o rd the significant findings of thata s s e s s m e n t .

Employers should ensure that this includes a specific risk

assessment where new or expectant mothers may be at riskf rom a work process, working condition or physical ,chemical or biological agent.

Suitable and suff i c i e n t A suitable and sufficient risk assessment should:

1 . identify the significant risks arising out of work.This means focussing on those risks that are liable to

arise because of the work activity. Trivial risks can usuallybe ignored as can risks arising from routine activitiesassociated with life in general, unless the work activitycompounds those risks, or there is evidence of significantrelevance to the particular work activity.

Employers and the self-employed are expected to takereasonable steps, e.g., by reading HSE guidance, the

trade press, company or supplier manuals, etc. tofamiliarise themselves with the hazards and the risks intheir work.

2 . enable the employer or the self-employedperson to identify and prioritise the measure sthat need to be taken to control the identifiedrisks in compliance with the relevant statutory p ro v i s i o n s .

3 . be appropriate to the nature of the work andsuch that it remains valid for a re a s o n a b l eperiod of time.

This will enable the risk assessment and the significantfindings to be used positively by management, forexample to change working pro c e d u res or to intro d u c emedium to long-term contro l s .

For relatively static operations, the risk assessmentshould be such that it is not necessary to repeat it everytime someone is exposed to a hazard in comparablec i rc u m s t a n c e s .

For more dynamic activities, i.e. where the detailedwork activity may change fairly fre q u e n t l y, or theworkplace itself changes and develops (e.g. on ac o n s t ruction site, or where the work involves peripa-tetic workers moving from site to site) the risk

assessment might have to concentrate more on theb road range of risks that might arise, so that detailedplanning and employee training can take account of those risks and enable them to be controlled as and whenthey arise.

Review and re v i s i o n The employer or self-employed person needs to re v i e w

the risk assessment if there are developments that suggestthat it may no longer be valid (or that it can be improved). Inmost cases, it is prudent to plan to review risk assessments atregular intervals – the time between reviews beingdependent on the nature of the risks and the degree of change likely in the work activity. Such reviews should formp a rt of standard management practice.

R e q u i rements of a risk assessment A risk assessment should:

1 . e n s u re that all relevant risks or hazards area d d re s s e d .

The aim is to identify the significant risks in theworkplace. Do not obscure those risks with an excess of i n f o rmation or by concentrating on trivial risks.

In most cases, first identify the hazards i.e. thoseaspects of work (for example, substances or equipmentused, work processes, or work organisation) which havethe potential to cause harm .

If there are specific Acts or Regulations to be compliedwith, these may help to identify the hazards. Assess therisks from the identified hazards; if there are no hazard s ,

t h e re are no risks. Some risks may already be contro l l e din some way, whether by deliberate measures or by thec i rcumstances in which they are found. The eff e c t i v e n e s sof those controls needs to be taken into account inassessing the residual risk.

Be systematic in looking at hazards and risks. Forexample it may be necessary to look at hazards or risksin groups such as machinery, transport, substances,electrical, etc. In some cases, an operation by operationa p p roach may be needed, e.g. materials in pro d u c t i o n ,dispatch, offices, etc.

E n s u re all aspects of the work activ ity arere v i e w e d .

2 . a d d ress what actually happens in the work place or during the work activity.

Actual practice may differ from the works manual;indeed this is frequently a route whereby risks creep inu n n o t i c e d .

Think about the non-routine operations, e.g.maintenance operations, loading and unloading,changes in production cycles.

I n t e rruptions to the work activity are a frequent causeof accidents. Look at management of such incidents andthe pro c e d u res to be followed.

3 . e n s u re that all groups of employees and others who might be affected are considere d .

Do not forget office staff, night cleaners, maintenances t a ff, security guards, visitors.

4 . identify groups of workers who might bep a rticularly at risk.

For example young or inexperienced workers; thosewho work alone; any disabled staff 

For the purposes of the Management of Health andSafety at Work Regulations, young persons are those

MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999

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people who have not reached the age of 18. Childre na re those people who are not over compulsory schoolage. Norm a l l y, these are children who have not re a c h e dthe end of the school year in which their 16th birt h d a yfalls. Generally, children may not be employed at all, andthose between 13 and the minimum school leaving agecannot work in construction. However, it is possible thatthey may attend site or contractors head office for workexperience approved by the local authority, when

technically they will be at work.When making risk assessments it is necessary to

consider whether young persons are to be employed,and if so, whether any special precautions are re q u i re ddue to such factors as:

– their inexperience, immaturity and lack of awareness of r i s k– the nature of the tools and equipment they may have

to use as part of their training– the environment they have to work in– risks from hazardous substances

5 . take account of existing preventive orp re c a u t i o n a ry measure s .

They may already reduce the risk sufficiently in term sof what needs to be done to comply with re l e v a n ts t a t u t o ry provisions. But a re they working pro p e r l y ?Does action need to be taken to ensure they are pro p e r l ym a i n t a i n e d?

 Assessment under other re g u l a t i o n s Other regulations, e.g. COSHH, Asbestos, Lead, also

contain re q u i rements for risk assessment which area d d ressed specifically to the hazards and risks that arec o v e red by those regulations. An assessment made for thepurpose of such regulations will cover in part the obligationto make assessments under these regulations. Whereemployers have already carried out assessments under otherregulations, they need not repeat those assessments as longas they remain valid; but they do need to ensure that allsignificant risks are covere d .

R e c o rd i n g Regulation 3 re q u i res that employers with five or more

employees must re c o rd the significant findings of their riskassessment. This re c o rd should re p resent an eff e c t i v estatement of hazards and risks, which then leadsmanagement to take the relevant actions to protect healthand safety. It needs there f o re to be a part of an employer’soverall approach to health and safety and, wherea p p ropriate, should be linked to other health and safetyre c o rds or documents such as the health and safety planp roduced under CDM, the re c o rd of health and safetya rrangements re q u i red by Regulation 5 and the writ tenhealth and safety policy statement re q u i red by Section 2(3)

or the Health and Safety at Work Act ( H A S AWA ) .This re c o rd would normally be in writing; however, it couldalso be re c o rded by other means, e.g. electro n i c a l l y, as longas it is retrievable for use by management or for examination,for example by an inspector or a safety re p resentative. There c o rd will often refer to and rely on other documents andre c o rds describing pro c e d u res and safeguard s .

The significant findings should include:– the significant hazards identified in the assessment. That

is, those hazards which might pose serious risk toworkers or others who might be affected by the workactivity if they were not properly contro l l e d ;

– the existing control measures in place and the extent towhich they control the risks (this need not replicate detailsof measures more fully described in works manuals, etc.

but could refer to them);– persons who may be affected by these significant risks of h a z a rds, including any groups of employees who areespecially at risk.

– F u rther information on carrying out risk assessments andtheir inter- relationship with method statements is given inSection 1.

Principles of Prevention to be applied(Regulation 4)When implementing preventative and protective measures,

employers must ensure that they give full considerationto the following principles of prevention:

a) if possible avoid a risk altogether, e.g. do the work in adifferent way, taking care not to introduce newhazards;

b) evaluate risks that cannot be avoided by carrying out arisk assessment;

c) combat risks at source, don't take the easy option, if steps are slippery, treating them or replacing them isbetter than displaying a warning sign;

d) adapt work to the requirements of the individual, selectwork and personal protective equipment and drawingup working and safety procedures and methods of production. Aim to alleviate monotonous work andpaced working at a predetermined rate, and increasethe control individuals have over work they areresponsible for;

e) take advantage of technological and technicalprogress, which often offers opportunities for improvingworking methods and making them safer;

f) implement risk prevention measures to form part of acoherent policy and approach. This will progressivelyreduce those risks that cannot be prevented or avoidedaltogether, and will take account of the way work isorganised, the working conditions, the environment andany relevant social factors. Health and safety policystatements required under section 2(3) of the HSW Actshould be prepared and applied by reference to theseprinciples;

g) give priority to those measures which protect the wholeworkplace and everyone who works there, and so givethe greatest benefit;

h) ensure that workers, whether employees or self-employed, understand what they must do;

i) the existence of a positive health and safety cultureshould exist within and organisation. That means theavoidance, prevention and reduction of risks at workmust be accepted as part of the organisation'sapproach and attitude to all its activities. It should berecognised at all levels of the organisation, from juniorto senior management.

These are general principles rather than individualprescriptive requirements. The should, however, beapplied wherever it is reasonable to do so.

Health and safety arrangements

(Regulation 5)This Regulation in effect re q u i res employers to havea rrangements in place to cover health and safety. It shouldbe integrated with the management system for all otherpurposes. The system in place will depend on the size andn a t u re of the activities of the undertaking but, generally, willinclude the following elements which are typical of any othermanagement function:

Policy – See Section 1P l a n n i n g Adopting a systematic approach which identifiespriorities and sets objectives. Whenever possible, risksshould be eliminated by the careful selection and designof facilities, equipment and processes, or minimised bythe use of physical control measure s .

O rg a n i s a t i o n Putting in place the necessary stru c t u re with the aim of ensuring that there is a pro g ressive improvement in healthand safety perf o rm a n c e .

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M o n i t o r i n g Ensuring that the decisions for ensuring and pro m o t i n ghealth and safety are being implemented as planned.R e v i e w P ro g ressive improvement in health and safety can beachieved only through the constant development of policies and techniques of risk contro l .The Regulation also re q u i res undertakings with five or

m o re employees to re c o rd their arrangements for health and

s a f e t y. The arrangements re c o rded should include a list of those competent persons appointed under Regulation 7. Aswith the risk assessment, this re c o rd could form part of thesame document containing the health and safety policy.

Health surveillance (Regulation 6)The risk assessment will identify circumstances in which

health surveillance is re q u i red by specific health and safetyregulations (e.g. COSHH, Asbestos). In addition, healths u rveil lance should be introduced where the assessmentshows the following criteria to apply:-1 . t h e re is an identifiable disease or adverse health

condition related to the work concern e d ;2 . valid techniques are available to detect indications of the

disease or condition;3 . t h e re is a reasonable likelihood that the disease or

condition may occur under the particular conditions of work; and

4 . s u rveillance is likely to further the protection of the healthof the employees to be covere d .Once it is decided that health surveillance is appro p r i a t e ,

such health surveillance should be maintained during thee m p l o y e e ’s employment unless the risk to which the worker isexposed and associated health effects are short term. Theminimum re q u i rement for health surveillance is the keeping of an individual health re c o rd (for further information see section2 5 ) .

Health and safety assistance (Regulation 7)Employers must have access to competent help in

applying the provisions of health and safety law, includingthese Regulations and in particular in devising and applyingp rotective measures, unless they are competent to undert a k ethe measures without assistance. Appointment of competentpersons for this purpose should be included among thea rrangements re c o rded under Regulation 5(2).

When appointing persons to this role, employers shouldlook to appoint one or more of their employees, with then e c e s s a ry means, to provide the health and safetyassistance re q u i red. If there is no relevant competent workerin the organisation or the level of competence is insuff i c i e n tto assist the employer in complying with health and safetyl a w, the employer should enlist an external service or

person. In some circumstances a combination of internal ande x t e rnal competence might be appropriaate, recognising thelimitation of the internal competence. Employers who aresole traders, or are members of partnerships, may appointthemselves (or other partners) to carry out health and safetym e a s u res, as long as they are competent. Large employersmay well appoint a whole department with specific healthand safety responsibilities, including specialists in suchmatters as occupational hygiene or safety engineering. Inany case where external support is brought in, its activitiesmust be co-ordinated by those appointed by the employer tomanage the health and safety measure s .

E x t e rnal services employed usually will be appointed inan advisory capacity only. They will often be specialists orgeneral consultants on health and safety matters.

The appointment of such health and safety assistants,d e p a rtments or advisers does not absolve the employer fro mresponsibilities for health and safety under HASAWA andother relevant statutory provisions. It can do no more than

give added assurance that these responsibilities will bed i s c h a rged adequately.

Employers are solely responsible for ensuring that thosethey appoint to assist them with health and safety measure sa re competent to carry out whatever tasks are assigned anda re given adequate information and support .

Competence in the sense it is used in these re g u l a t i o n sdoes not necessarily depend on the possession of part i c u l a rskills or qualifications. Simple situations may re q u i re only the

f o l l o w i n g : -1 . an understanding of relevant current best practice;2 . a w a reness of the limitations of ones own experience and

knowledge; and3 . the willingness and ability to supplement existing

experience and knowledge.M o re complex situations will re q u i re the competent

assistants to have a higher level of knowledge andexperience and in certain circumstances specific appliedknowledge and skills which can only be off e red bya p p ropriate qualified specialists e.g. occupationald o c t o r / n u r s e .

It is advisable for employers to verify any health andsafety qualifications to satisfy themselves that the assistantsthey appoint have a suitably high level of competence.

P ro c e d u res for serious and imminent danger andfor danger areas (Regulation 8)

Employers need to establish pro c e d u res to be followedby any worker if situations presenting serious and imminentdanger were to arise. The aim has to be to set out clearguidance on when employees and others at work shouldstop work and how they should move to a place of safety. Insome cases this will re q u i re full evacuation of the workplace.In other cases it might mean some or all of the workforc emoving to a safer part of the workplace.

The risk assessment should identify the foreseeable eventsthat need to be covered by these pro c e d u res. For someemployers, fire (and possible security) risks will be the onlyones that need to be covered. But even in those cases, the

n a t u re of the fire risk (e.g. in which parts of a building, thesubstances that might be involved, etc.) may need to bereflected in the detail of the pro c e d u re s .

Many workplaces or work activities will pose additionalrisks. All employers should consider carefully in their riskassessment whether such additional risks might arise. Wheresuch risks are identif ied, additional pro c e d u res will beneeded and those pro c e d u res should be geared, as far as ispracticable, to the nature of the serious and imminentdanger that those risks might pose.

The pro c e d u res may need to take account of re s p o n-sibilities of specific employees. Some employees, or groupsof employees, may have specific tasks to perf o rm in theevent of emergencies (e.g. to shut down plant that mighto t h e rwise compound the danger); some employees may

have had training so that they can seek to bring anemergency event under control. The circumstances in whichsuch workers should stop work and move to a place of safety may well be different from those for other workers;the pro c e d u res should, if necessary, reflect thesedifferences.

The pro c e d u res should set out the role and re s p o n s i b i l i t i e sof the competent persons nominated to implement thedetailed actions. The pro c e d u res should also ensure thatemployees know who the relevant competent persons areand understand their ro l e .

E m e rgency pro c e d u res should normally be written down,clearly setting out the limits of actions to be taken byemployees. Information on the pro c e d u res should be madeavailable to all employees (see Regulation 10), to any

e x t e rnal health and safety personnel and, if necessary, toother workers and/or their employers. They should also formp a rt of induction training (see Regulation 13). It may beadvisable to carry out exercises to familiarise employees

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with the pro c e d u res (e.g. the use of alarms etc. to initiateaction) and to test their eff e c t i v e n e s s .

W h e re dif f e rent employers (or self-employed persons)s h a re a workplace, their separate emergency pro c e d u re sshould take account of others in the workplace and, as far asis appropriate, should be co-ordinated (see Regulation 11).

Danger are a s A danger area is a work environment which it is

n e c e s s a ry to enter, where the level of risk is unacceptablewithout special precautions being taken e.g. a lift motorroom. The area must be restricted to prevent inadvert e n taccess by other employees and other persons.

This Regulation does not specify the precautions thatshould be taken to ensure safe working in the danger area –this is covered by other legislation. However, once theemployer has established suitable precaut ions, re l e v a n temployees must receive adequate instruction in thosep recautions prior to entry into any such danger are a .

Contacts with External Services (Regulation 9)Employers must ensure that any necessary contacts with

e x t e rnal services are arranged, particularly as re g a rds first-aid, emergency medical care and rescue work. This couldinclude the relevant fire and ambulance serv i c e s .

I n f o rmation for employees (Regulation 10)The risk assessment will help identify information which

has to be provided to employees under specific re g u l a t i o n s ,as well as any further information relevant to risks toemployees’ health and safety. Relevant information on risksand on preventive and protective measures will be limited towhat employees need to know to ensure their health ands a f e t y. The Regulation also re q u i res information to bep rovided on the emergency arrangements established underRegulation 8, including the identity of staff nominated toassist in the event of evacuation.

I n f o rmation can be provided in whatever form is mostsuitable in the circumstances, as long as it is compre h e n s i b l eto the employees, particularly young persons.

W h e re a child is to be employed, either for work experi-ence or in offices, then the employer must, before employingthe child, provide the parent or guardian with details of therisk assessment. This information will include details of therisk and a description of the preventative and pro t e c t i v em e a s u res, whether the risk arises from the employer’s ownactivity or from the activities of others at the workplace.

Co-operation and co-ordination(Regulation 11)

Employers and the self-employed have obligations underH A S AWA towards anyone who may be put at risk by theiractivities. Where the activities of diff e rent employers and

self-employed people interact, for example where they sharep remises or workplaces, they may need to co-operate witheach other to ensure that their respective obligations aremet. This Regulation makes specific the duty to co-operatew h e re employers and the self-employed share a workplace.

Risk assessments and subsequent measures may need tocover the workplace as a whole to be fully effective; this willre q u i re some degree of co-ordination. The form of c o - o rdination adopted wil l depend on the circumstances, butall employers and self-employed involved will need to satisfythemselves that the arrangements adopted are adequate.Employers will also need to ensure that all their employees,but especially the competent persons appointed underRegulations 7 and 8, are aware of and take full part in thea rr a n g e m e n t s .

W h e re a particular employer (for example, the principalcontractor) controls the worksite, other employers or self employed sharing the site should assist the contro l l i n gemployer in assessing the shared risks and co-ordinating any

n e c e s s a ry measures, primarily by providing information. Ac o n t rolling employer who has established site-wide arr a n g e-ments will have to inform new minor employers or self employed so that they can integrate themselves into thea rrangements. Where there is no controlling employer, eachemployer and self-employed person present should agre esuch joint arrangements, such as appointing a health andsafety co-ord i n a t o r, as are needed to meet the Regulations’re q u i rements. In workplaces where management control is

fragmented and employment is largely casual or short - t e rm ,appointing a health and safety supervisor or co-ordinator islikely to be the most effective way of ensuring co-ord i n a t i o nand co-operation and the effective exchange of inform a t i o n .

Note: In construction, specific responsibilities to ensureco-operation and co-ordination between designers,contractors and employees are laid down in the CDMregulations (see Section OC).

Persons working in host employers’ orself-employed persons’ undertakings(Regulation 12)

This Regulation applies where employees or self-employedpersons carry out work in the undertaking (or business) of anemployer other than their own, or of another self employedperson. There will be some overlap with Regulation 11(mainly in the case of some self-employed contractors), forwhich adequate arrangements established under Regulation11 should suffice. However, this Regulation does not dependon workplaces being shared. Employers and the self-employed who are sole occupiers may also need to pro v i d ec o m p rehensib le information to other employers whoseemployees (or to other self-employed) carry out work, oftenfor a short time, on behalf of the first employers or self-employed, at any place. Such employees would include:1 . contractors’ employees carrying out cleaning, re p a i r, or

maintenance under a service contract;2 . employees in temporary employment businesses hired to

work under the first employer’s contro l .The risk assessment will have identified risks to these

people. The information provided must include those risksand the health and safety measures in place to address thoserisks and be sufficient to enable the other employers toidentify any persons that they (the first employer) havenominated to help with emergency evacuation. The firstemployer also has a duty to take reasonable steps to ensurethat the employees of the second employer have indeedreceived the latter inform a t i o n .

People who visit another employer’s premises to carry outwork must be provided with appropriate information andi n s t ructions re g a rding relevant risks to their heal th ands a f e t y. These visitors could be special ists who are betteri n f o rmed than the host employer of the risks norm a l l yassociated with the tasks which they are to carry out. The

host employer’s instructions should be concerned with thoserisks which are peculiar to his activity or premises. Thevisitors may also introduce risks to the permanent workforc e(e.g. from equipment or substances they may bring withthem). Their employers should inform the host employer of such risks, under their general duty under Section 3 of H A S AWA .

Capabilities and training (Regulation 13)When allocating work to employees, employers should

e n s u re that the demands of the job do not exceed theemployees’ ability to carry out the work without risk tothemselves or others. Employers should take account of theemployees’ capabilities and the level of their training,knowledge and experience. If additional training is needed,

it should be pro v i d e d .Training needs are likely to be greatest on re c ru i t m e n t .New employees should receive basic induction training onhealth and safety, including arrangements for first-aid, fire

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and evacuation. Particular attention should be given to theneeds of young workers. The risk assessment should indicatef u rther specific training needs. In some cases, training maybe re q u i red even though an employee already holds form a lq u a l i f i c a t i o n .Changes in an employee’s work environment may causethem to be exposed to new or increased risks, re q u i r i n gf u rther training. The need for further training should bec o n s i d e red when:-

1 . employees transfer or take on new responsibilities. Theremay be a change in the work activity or in the worke n v i ro n m e n t ,

2 . t h e re is a change in the work environment or systems of work in use. A significant change is likely to need areview and re-assessment of risks, which may indicateadditional training needs. If the change includesi n t roducing completely new technology, it may bring withit new and unfamiliar risks. Competent outside advicemay be needed.Changes in risks may also re q u i re changes in the content

of training, e.g. where new pro c e d u res have beeni n t roduced. Health and safety training should take placeduring working hours. If it is necessary to arrange trainingoutside an employee’s normal hours, this should be tre a t e das an extension of time at work.

Employees’ duties (Regulation 14)Employees have a duty under Section 7 of HASAWA to

take reasonable care for their own health and safety and of that of others who may be affected by their acts or omissionsat work. To w a rds this end, employees should use corre c t l yall work items provided by their employer, in accord a n c ewith their training and the instructions they receive to enablethem to use the items safely.

Employees’ duties under Section 7 also include co-operating with their employer to enable the employer tocomply with statutory duties for health and safety. Employersor those they appoint to assist them with health and safetymatters, there f o re need to be informed without delay of anywork situation which might present a serious and imminentd a n g e r. The danger could be to the employee concerned or,if it results from the employee’s work, to others. Employeesshould also notify any shortcomings in the health and safetya rrangements even when no immediate danger exists, sothat the employer can take such remedial action as may ben e e d e d .

The duties placed on employees do not reduce theresponsibility of the employer to comply with the dutiesunder these Regulations and the other relevant statutoryp rovisions. In part i c u l a r, employers need to ensure thatemployees receive adequate instruction and training toenable them to comply with their duties under thisR e g u l a t i o n .

Te m p o r a ry workers (Regulation 15)This Regulation supplements previous re g u l a t i o n s

requiring the provision of information, with additionalre q u i rements on temporary workers (i.e. those employed onfixed duration contracts and those employed in employmentbusinesses, but working under the control of a usercompany). The use of temporary workers should also benotified to appointed health and safety personnel, wheren e c e s s a ry for the personnel to be able to carry out theirf u n c t i o n s .

Risk assessment in respect of new or expectantmothers (Regulation 16)

Employers are re q u i red to:

– assess the risks to the health and safety of women whoa re pregnant, have recently given birth, or who areb re a s t f e e d i n g

– e n s u re that workers are not exposed to risks identified bythe risk assessment, which could present a danger to their

health and safetyIf after taking whatever preventative action is re a s o n a b l e ,t h e re is still a significant risk, which goes beyond the level of risk to be expected outside the workplace, then employersmust take the following steps to remove the employee fro mthat risk:– temporarily adjust conditions of hours of work– if that is not reasonable or would not avoid the risk, they

should offer her alternative work if any is available

– if that is not possible, they must give her paid leave fro mwork as long as is necessary to protect her health andsafety or that of her child.

C e rtificate from re g i s t e red medical practitioner inrespect of new or expectant mothers(Regulation 17)

If a new or expectant mother works at night and has amedical certificate stating that night work could damage herhealth or safety, the employer must either offer her daytime workif any is available or, if that is not reasonable, give her paidleave for as long as necessary to protect her health and safety.

Notification by new or expectant mothers(Regulation 18)

Employers are re q u i red to fufil regulation 16 and 17 onlyw h e re the employee has notified them in writing that she isp regnant, has given birth within the previous six months, oris bre a s t f e e d i n g .

P rotection of Young Persons (Regulation 19)Employers are called upon to consider the special nature

of young persons, due to their lack of experience, lack of knowledge of risks and the fact that they are not fully mature .To that end, young persons are normally prohibited fro mw o r k :– which they cannot cope with, physically or psychologically– involving harmful exposure to hazardous substances,

including radiation– involving the risk of accidents resulting from insuff i c i e n t

attention to safety or lack of experience or training– w h e re their health is at risk from cold, heat, noise or

v i b r a t i o nThese restrictions are not intended to prevent the employ-ment of a young person on work which is necessary for histraining, providing he is supervised by a competent personand any risk has been reduced to the lowest level which isreasonably practicable.

Managing Work-Related Road Safety 

I n t ro d u c t i o nIt is estimated that up to a third of al l road traff i c

accidents involve somebody who is at work at the time.

Tr a d i t i o n a l l y, companies’ risk management processes havenot been applied to occupational driving and employershave believed, incorre c t l y, that provided they comply withc e rtain road traffic law re q u i rements, MOT, valid driverslicence, etc, that is enough to ensure the safety of theiremployees and others affected by them when they are on theroad. However, it is now recognised that health and safetylaw applies to driving as to all work activities and this issimply another part of good risk management.

T h e re are three key reasons for introducing arr a n g e m e n t sfor managing work-related road safety:1 . To help keep your employees safe.

1,000 people are killed and a further 12,500 seriouslyi n j u red on the UK roads every year whilst driving atwork. RoSPA estimate that the risk of death for a

company car driver doing 25,000 miles per year is 1 in8,000 - similar to that of a coal-miner and worse thanthat in the industries of construction (1 in 10,000) anda g r i c u l t u re (1 in 13,500). The risk increases by 50% forthose travelling double that mileage (Tr a n s p o rt Road

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R e s e a rch Laboratory). So driving at work is arg u a b l yone of the most hazardous activities we undert a k e .

2 . Legal ResponsibilitiesHSE has issued a document (IND(G) 382 Driving atwork: Managing Work-related Road Safety) that sets outemployers’ legal responsibilities to manage work-re l a t e droad safety and provides guidance on how to do it. Itmakes it clear that health and safety law applies todriving while at work.

3 . Financial BenefitsMotor insurance is a significant cost to most companiesand the cost will be dependant on the past claimsre c o rd. In addition, the true costs to the company arenearly always higher than just the costs of repairs andinsurance claims.Benefits from managing work-related road safety include:• Better control over costs such as wear and tear, fuel,insurance premiums, and legal fees.• Fewer days lost to injury• Fewer vehicles off the road for re p a i r• Reduced running costs through better driving standard sThe RAC estimates that the introduction of a work-re l a t e droad risk management programme could expect toreduce total accident costs by 70% over five years.

How to Manage Work-Related Road Safety A risk assessment should be undertaken for work-re l a t e d

driving activities and appropriate controls implemented.Risk assessments for work-related driving activities shouldfollow the same principles as risk assessments for any otherwork activity.

Examples of typical controls include:1. Action to eliminate or reduce travel. An example

of a typical assessment process is at Appendix 1. Theindividual driver would typically undertake thisassessment. Where the assessment concludes either theelimination of the journey or travel by an alternative andsafer means, then this may need to be discussed with thei n d i v i d u a l ’s manager and this approach wil l needmanagement support .

While the above approach is practical for manydrivers who schedule their own journeys, managers of drivers who have their work scheduled for them shouldmaintain an on-going review of the journeys their staff u n d e rtake and the associated conditions. Individuals’driving schedules should be reviewed in advance andmitigation measures taken which may include: -

• R e - s c h e d u l i n g / re-a llocating journeys (includingconsideration of the option of overnight accommodation)

• Selecting the most suitable type of vehicle to be used forspecific journ e y s

• Re-allocating drivers to journeys best suited to their

s k i l l s / e x p e r i e n c e• Strict compliance with any legal restrictions on maximumdriving and/or working hours. Where these do notlegally apply they shall be considered as the bestpractice standard to be achieved

• Considering time spent on non-driving tasks as part of the total workday

2. Authorisation of individuals to drive oncompany business eg company driving licence.Considerations for the authorisation process couldi n c l u d e :

For all those driving whilst at work:• Driving Licence inspection• Health Check - this could be self-certification by drivers

that they do not suffer any of the health conditionsnotifiable to the DVLA and that they can meet the legaleyesight standards* or it could involve more detailedhealth checks by a medical practitioner eg eyesight tests

• S a t i s f a c t o ry completion of a driver assessmentp rogramme - there are various pro p r i e t a ry pro g r a m m e s ,mostly web-based delivery, which both train drivers andp rovide an assessment to the employer of driver skillsand priorities for training.

• C o n f i rmation of receipt of the company’s road safetypolicy and ru l e s .In addition, for those using private vehicles at work:

• Insurance Certificate inspection ensuring that cover is

held for business use• MOT Certificate inspection (where re l e v a n t )• A check that the vehicle being used at work has been

p roperly maintained. This could be by self-cert i f i c a t i o nby the driver to this effect or it could involve moredetailed checks of service re c o rd s .Consideration needs to be given to the frequency of the

authorisation process. Undertaking it annually ensures thatt h e re is a reasonable back-up check of licences andinsurance etc that would pick-up any individual driver whofails to notify a change of circ u m s t a n c e s .* Anyone who drives on the public highway must be able to meet the standard criteria for vision. The DVLA standard is the ability to read a standard vehicle number plate in good daylight at a distance of 20.5 metres (60ft) with or without the use of 

spectacles. If to achieve this standard the person needs to use glasses or contact lenses, they must wear them every time that person drives on the public highway. Inability to achieve this standard renders the individual unsuitable to drive any vehicle onthe public highway and to do so is a criminal offence. There are stricter standards for drivers of medium/heavy vehicles and m i n i b u s e s / b u s e s .

3. Driver Training.It is an essential part of effective management of 

occupational road risk to ensure that only drivers with thea p p ropriate attitude and competence are authorised to driveat work.

Although all drivers must pass the appropriate drivingtest, this is a minimum standard and levels of drivingcompetence vary enormously according to age, experience,mental and physical attributes and attitude to risk. Manydrivers tend to over-estimate their driving skill.

‘Defensive driver’ training is an important tool indeveloping drivers’ attitudes and competence. ‘Defensivedriving’ is a term used to describe a variety of learn e dtechniques that, if practised consistently by drivers, willreduce the risk of involvement in road accidents.

Defensive driver training can typically be delivered byc l a s s room training or by ‘one to one’ training in-car. Thecriteria for training and the type of training to be pro v i d e dshould be determined as part of the system for managingw o r k - related road safety. Criteria for prioritising trainingcould include:• Miles driven

• Involvement in a driving accident or conviction for adriving offence, where the investigation reveals thattraining is re q u i re d

• Type of vehicle driven eg high priority for drivers of passenger vehicles such as crew buses.

• Driver assessment re s u l t s• A g e• Length of time full driving licence held• Time since last driver training re c e i v e d

Defensive driver training is separate from, and additionalto, any particular skills training re q u i red to operate ap a rticular class or type of vehicle. For example, a driveroperating a lorry loader needs specific training in theoperation of that type of vehicle.

In addition to defensive driver training, important ro a d

safety information can be provided to drivers in driverhandbooks, alerts, briefings, etc. An example of anemployee briefing note is at Appendix 2.

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4. Vehicle SelectionVehicles need to be suitable for the journeys undert a k e ntaking into account the following factors: -• Type and size of any load to be carried and means of 

securing it• Number of people to be carr i e d• Any combination of the above• Types of roads/conditions to be covere d .

Any unro a d w o rthy vehicle or one that is not fit for

purpose should not be driven. There must be a system forp romptly re p o rting and rectifying faults in company vehicles.

5. Travel KitDrivers can be provided with a travel kit containing

essential or useful equipment/information. An examplewould be:• Company Drivers Handbook• Highway Code• Vehicle manufacturers handbook• Contact telephone number for emergency bre a k d o w n

s e rv i c e .• S p a re tyre, jack and wheel brace.• Roadside high visibility warning triangle• High visibility reflective clothing• First-aid kit

Some of this would be re q u i red to be carried by lawwhile other elements are simply good practice.

6. Mobile Phones and DrivingIt is clear that use of a hand-held mobile phone when

driving is dangerous. Research has also shown that use of ah a n d s - f ree phone is likely to be distracting.

It is a specific offence, by virtue of the Road Ve h i c l e s( C o n s t ruction and Use) (Amendment) (no. 4) R e g u l a t i o n s2003, to use a hand-held phone, or similar device, whendriving. Hands-free calls are also distracting and driversshould be aware that they still risk prosecution for failing tohave proper control of their vehicle, for careless or evend a n g e rous driving if use of a phone affects their driving.

The penalties include an unlimited fine, disqualificationand up to two years imprisonment.

Employers should have clear policy and rules on use of mobile phones while driving which may containre q u i rements over and above those set out in the legislation.The rules should be clearly communicated to drivers ande n f o rced. Typical rules might include:• Never use a hand-held phone whilst driving because it is

not possible to be in full control of a vehicle at the sametime. It is better to keep the phone switched off and toonly use it when stopped in a safe place with engine off 

• Using hands-free equipment is also likely to distract yourattention from the road. It is far safer not to use anytelephone while you are driving - find a safe place to

stop first• Vehicle mounted hands-free equipment should beinstalled according to the manufacturerís instructions andshould follow the BSI’s “Guide to in-vehicle inform a t i o nsystems” (DD 235:1996). If this is not possible, e.g. in at e m p o r a ry vehicle, your mobile phone should beswitched off whilst driving.

• W h e re a vehicle mounted hands-free kit is fitted keepincoming call duration to a minimum. Also, if necessary,say you are driving and end the conversation quickly toavoid putting yourself and other road users at risk. If youhave to make an outgoing call or text message only doso when stationary.

• During inclement weather or busy driving conditions usevoicemail or divert calls so that messages can be leftwhilst the phone is switched off. A hands-free phone

may enable the driver to control the vehicle, but theirmind will not be fully on driving. Find a safe place topark to make calls or receive messages. On a longj o u rn e y, regular breaks to relax and reduce tiredness arerecommended. Stopping on the hard shoulder of am o t o rway is only allowed in an emerg e n c y.

• If re q u i red to re p o rt an accident or other incident, thee m e rgency services should be contacted as quickly aspossible if immediate action is re q u i red. Do this bystopping the vehicle when and where it is safe to do soor by asking a passenger to make the call

• If you are re q u i red to call the emergency serv i c e s ,describe where the accident or incident is by re f e rring tothe last place or junction passed. On a motorw a y, it isbest to use a roadside emergency telephone, as thee m e rgency services will be able to locate you easily.However if a mobile phone has to be used, thee m e rgency services will re q u i re details of the locationbased on the numbers on the marker posts on the hards h o u l d e r

7. Substance AbuseEmployers should have a clear policy re g a rd i n g

substance abuse that applies to driving at work. Inp a rt i c u l a r :• Driving at work under the influence of alcohol, illegal

substances or medication liable to impair driver’s abilityshould be prohibited and contravention of thisre q u i rement should be a disciplinary offence. Thes t a n d a rds defining “impairment of the driver’s ability”a re those set under the Road Tr a ffic Regulations.

• Personnel should be re q u i red to disclose to their l inemanager if they are taking medication liable to impairtheir ability to drive.

• W h e re appropriate, medical opinion should be soughtto determine the effect of medications so disclosed.

8. Accident/Incident Report i n gT h e re should be appropriate arrangements for re p o rt i n g ,

re c o rding and investigating road accidents whilst driving atwork. This applies to drivers of company and privatelyowned vehicles. Ty p i c a l l y, accidents resulting in significantpersonal injury or with the potential to cause significantpersonal injury should be investigated.

9. Check ListDrivers also have some responsibly for their own safety

whilst driving at work and it is useful to provide a simple listof “do’s and don’ts” as a reminder of good driving practice.(see fig 1)

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 Appendix 1: Driver Risk Assessment

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 Appendix 2: Employee Driving Briefing

SAFE DRIVING

1,000 people are killed and a further 12,500 seriously injured on the UK roads every 

 year whilst driving at work. There are some simple things that you can do to help keep you safe on the ro a d . While these Do’s and Don’ts are aimed at driving undertaken while at work, they areequally valid when driving at any time.

For further information please contact the Health and Safety Depart m e n t .

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Health and Safety of Non-EnglishSpeaking Personnel on Construction Sites

The Health and Safety at Work Act and the Managementof Health and Safety at Work Regulations re q u i re employersto provide their employees with understandable and re l e v a n ti n f o rmation on risks to their health and safety and onp recautions to take to avoid those risks. Information shouldbe provided in a way that takes account of any language

d i fficulties or disabilities. It can be provided in whateverf o rmis most suitable in the circumstances, as long as it canbe understood by everyone. For employees or workers withlittle or no understanding of spoken or written English,employers and those in control may need to make speciala rr a n g e m e n t s .

I n t ro d u c t i o nMany employers cite risks to health and safety as one of 

their main concerns when employing persons who do notspeak and / or understand English. On construction sitesw h e re changing conditions often re q u i re quick reactions toverbal communications, the inability to speak and / orunderstand English could create a particularly high risk tohealth and safety.

H o w e v e r, a blanket refusal to consider non-Englishspeaking employees for any vacancies or activities willalmost certainly be in breach of the provisions of the RaceRelations legislation.

This guidance is there f o re intended to protect the healthand safety of non-English speaking personnel, and others onsite, whilst ensuring that they are not unfairly discriminatedagainst. It should be noted that this does not only apply to" f o reign" labour, as British citizens cannot always read /write in English and their communication skills may be poor.

I rrespective of whether the employee meets other criteriafor the job (eg. CSCS cardholder) employers will need toassess the risks of any language barrier to health and safetyand the control measures re q u i red to overcome those risksb e f o re making a final decision.

 Assessing the Risk As with all health and safety hazards, in the first instance

it is important to assess the risks associated with the fact thatthe individual does not speak and / or understand English.The employer will need to identify if the individual does notspeak English or does not understand English, these are twov e ry diff e rent issues. Many people find it easier tounderstand a second language before they can speak it withany degree of fluency.

Risks may arise from a range of issues: from theconsequences of not being able to understand the site safetyinduction to the inability to communicate danger to others onsite. The employer needs to assess the risk of each activityand identify where the ability to understand and speakEnglish is critical and where it is not. Such critical activitiesmay include those such as crane slinger/signallers; confinedspace working and activities that re q u i re a permit to worksystem. These types of activity may be deemed unsuitable foroperatives who cannot understand or speak English.

The conditions on construction sites, by their very nature ,a re constantly changing. Employers need to consider howmany new or unexpected potential dangers can bee ffectively communicated to those individuals who do notspeak and / or understand English.

Reducing the Risk Having identified and assessed the health and safetyh a z a rds, the next stage is for the employer to consider

reasonable means of reducing the risk. These will vary

a c c o rding to the specific circumstances and the nature of ther i s k .

A well tried and successful method of dealing with theissue is to have all non-English speakers working together inrelatively small manageable gangs and a working gangeror supervisor with each gang who can act as theiri n t e r p re t e r. This ganger or supervisor must to stay with thegang at all times in order to deliver inductions, briefings,routine instructions and generally act as their liaison with the

rest of the site team. Under certain conditions the interpre t e rmay even have a wider role in assisting with transport andaccommodation arrangements. This 'gang interpre t e r 'a p p roach should be discussed with sub-contractors at anearly stage and included within the contract conditions; if n e c e s s a ry a maximum gang size per translator can bespecified in the contract eg “to ensure there is adequates u p p o rt for non-English speaking employees you will need top rovide at least one English speaking supervisor for everyfive non-English speaking employees employed on site.Details should also be contained within the Site Health andSafety Plan. You must consider your arrangements if the'gang interpreter' is not available for any re a s o n .

In some instances, particularly for lower risk activities, thecompany may have other employees who speak bothEnglish and the first language of the non-English speakingemployees. They can there f o re arrange for these workers towork together in order that they can act as translators.W h e re there is a relatively high density of a particular ethnicg roup in an area, there may be some external translatorassistance available from local community gro u p s .

For instances where lower risk activities are being carr i e dout it may only be necessary for method statements and riskassessments to be translated into the appropriate languageand issued to the nominated workforce - assuming that theycan read. Just as there are British people who cannot re a dEnglish, there are many non-British people who cannot re a dtheir own language.

Other measures that can assist in the safe integration of non-English speakers into the working environment include:- Not allowing lone working or allocating safety critical ro l e sto non-English speakers- The allocation of low risk work and/or areas for non-English speakers- Ensuring the maximum use of internationally re c o g n i s e dpictorial warning signs within the workplace- Providing a greater degree of training and allowingadditional training time.- Providing a greater degree of supervision- Using external translator services where the provision of written information is considered essential *- Considering English language courses for longer- t e rmw o r k e r s

Whatever methods are chosen, it is vital that their

e ffectiveness is closely monitored. Simple observation of their working practices should indicate whether the re q u i s i t emessages have been received and understood by the non-English speakers and any deficiencies must be acted uponi m m e d i a t e l y.

In Summary Once the employer has identified the risk and considere d

reasonable means of reducing it, if there is still a real healthand safety risk, then it may be acceptable to refuse toemploy non-English speaking personnel for particular jobs.Any blanket ban on non-English speaking employees is,h o w e v e r, stil l like ly to be in breach of current raceregulations legislation.

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I n f o rmation sourc e s

C I T B -C o n s t ructionSkil ls induction booklets in 10 diff e re n tlanguages www. c i t b - c o n s t ru c t i o n s k i l l s . c o . u k

HSE/TUC “Your health, your safety: A guide for workers” in19 diff e rent languages www. t u c . o rg . u k

If you register with the Languages NTO atw w w. l a n g u a g e s n t o . o rg.uk you can find a translator via theBusiness Language Information Service (BLIS).

C u rrent information on the HSE website at www. h s e . g o v. u k

C u rrent information on the Major Contractors Group websitew w w. m c g . o rg . u k

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R E F E R E N C E S

Management of Health and Safety at Work Regulations1 9 9 9

C o n s t ruction (Design and Management) Regulations 1994

Risk Assessment in Construction – Constructiion IndustryP u b l i c a t i o n s

HSE leaflets:IND(G) 69 Violence to staff I N D ( G ) 1 3 2 5 steps to successful health and safety

m a n a g e m e n tI N D ( G ) 1 6 3 5 steps to risk assessmentI N D ( G ) 2 1 3 5 steps to information, instruction and training:

meeting risk assessment re q u i re m e n t sI N D ( G ) 2 1 8 Guide to risk assessment re q u i re m e n t s :

common provisions in health and safety lawI N D ( G ) 3 8 2 Driving at Work: Managing Wo r k - re l a t e d

Road Safety

HSE booklets:L 2 1 : Management of health and safety at work

(Regulations and Approved Code of Practice)H S ( G ) 1 2 2 : New and expectant mothers at work: a guide

for employersH S ( G ) 1 5 1 : P rotecting the Public – Your Next Move

H S ( G ) 1 6 5 : Young people at work: a guide for employersH S ( G ) 1 8 3 : 5 Steps to Risk Assessment – case studies

HSE Books: F i re Safety – An employer’s guide(ISBN 0 11 341229 0)

HSE - INDG 382 - Driving at Work - Managing Wo r k -Related Road Safety

R e s e a rch Report RR018 Management of Work-Related RoadS a f e t yThe Highway Code - HMSOR o S PA - Managing Occupational Road Risk: The RospAG u i d e- Driving for Work: Safer Journey Planner

- Driving for Work: Mobile Phones- Driving for Work: Safer Speeds Policy- Various Road Safety Factsheets

All available free of charge from www. ro s p a . c o . u k

HSE videos C o n s t ruction Industry Publications Ltd.Tel: 0870 078 4400Escaping the Maze of Health and Safety Inform a t i o nKids on SiteGame Over (for childre n )

All of the above reference material is available from:Construction Industry Publications Ltd.,17 Gatelodge Close, Round Spinney,

Northampton NN3 8RJTel: 0870 078 4400Fax: 0870 078 4401e-mail sales@cip-books.com

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