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University of Portsmouth Health and Safety Legal Register

Directly Applicable Legislation (Linked to relevant page of the University’s Health and Safety Website)

Legislation Link, ACOP

and Guidance

Additional Information

and Comments

Accidents and Emergencies

Health and Safety (First Aid) Regulations 1981 The Health and Safety (First Aid) Regulations 1981 place a legal duty on employers to make adequate first aid provision for

their employees, in case they become ill or injured at work.

Directly Applicable Application: All areas and business activities of the University Enforcement: HSE

1981 No. 917

ACOP

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR) RIDDOR place a legal duty on: employers and people in control of premises to report work-related deaths, major injuries or over-seven-day injuries, work related diseases, and defined dangerous occurrences to the Health and Safety Executive.

1995/3163

Notes Directly Applicable

Health and Safety legislation which has been identified as directly applicable to the University and its activities The University is required to remain compliant with this legislation and should carry out compliance evaluation against these regulations.

Indirectly Applicable Health and Safety legislation which has been identified as indirectly applicable to the University and is provided for background information only. The is not required to comply with these regulations directly but may be affected by them as they influence policies and requirements made by regulators such as the Environment Agency, Protection Agency and Local Authorities. A compliance rating is therefore not required.

The blue boxes indicate legislation which is not health and safety but which is directly applicable to the work of the Health and Safety Office

Legislation links are red

ACOP stands for approved Code of Practice

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Directly Applicable Application: All areas and business activities of the University Enforcement: HSE

Chemicals, Compressed Gases and Micro-organisms

Chemical (Hazard Information and Packaging For Supply) Regulations 2009 (CHIP 4) Directly Applicable

Application: Directly Applicable Enforcement: HSE

2009.716

Classification, Labelling and Packaging Of Substances And Mixtures (CLP) Directly Applicable Enforcement: HSE

2008/1272/EC Technical Guidance Note to be

published mid-April

Control Of Asbestos Regulations 2006 The Control of Asbestos Regulations 2006 place obligations on the part of employers, landlords and other types of "dutyholder" to identify and manage asbestos and to notify the Health and Safety Executive ("HSE") when carrying out particular types of work Directly Applicable

Application: All buildings and equipment record in the University’s Asbestos Register Enforcement: HSE

2006/2739

Control of Lead at Work Regulations 2002

The Control of Lead at Work Regulations 2002 are designed to protect those employees who are exposed to lead at work, and those who are affected by lead in the workplace. „Lead‟ is defined in the Regulations as including lead alkyls, lead alloys, any compounds of lead and lead as a constituent of any substance or material which is liable to be inhaled, ingested or otherwise absorbed by persons. Directly Applicable

Application: Any work involving lead or lead compounds Enforcement: HSE

2002 No. 2676

ACOP

Lead and you

Indy 305

Health and Safety Office need to

establish if a policy is needed

Control of Substances Hazardous to Health Regulations 2002 (COSHH) The 2002 regulations (as amended) replace earlier COSHH regulations (1988, 1994, 1999), and set down a framework intended to protect the health of anybody likely to come into contact with hazardous substances during the course of their work. The Regulations set out essential measures that employers (and sometimes employees) have to take. Failure to comply with COSHH, in addition to exposing employees to risk, constitutes and offence and is subject to penalties under the Health and Safety at Work Act 1974.

2002 No. 2677

ACOP Chemical

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Control of Substances Hazardous to Health Regulations 2002 (COSHH) – [Chemicals]

Control of Substances Hazardous to Health Regulations 2002 (COSHH) – [Legionella]

Control of Substances Hazardous to Health Regulations 2002 (COSHH) – [Microbiology]

Directly Applicable Application: All departments purchase, store or use hazardous chemicals, preparation or micro-organisms. Legionella control is applicable to the University‟s water systems and air conditioning systems. Enforcement: HSE

ACOP Legionella

Dangerous Substances and Explosive Atmospheres Regulations (DSEAR) Dangerous substances can put peoples' safety at risk from fire and explosion. DSEAR puts duties on employers and the self-employed to protect people from risks to their safety from fires, explosions and similar events in the workplace, this includes members of the public who may be put at risk by work activity.

Directly Applicable Application: All departments purchase, store or use hazardous chemicals or preparation. Enforcement: HSE

2002/2776

Hazardous Waste Regulations 2006

The Hazardous Waste Regulations 2006 Details requirements for controlling and tracking the movement of

hazardous waste and bans mixing different types of hazardous waste. Directly Applicable Application: All departments produce, store or dispose of hazardous waste Enforcement: Environment Agency

2006 No. 937

Compliance with t Hazardous Waste Regulations 2006 is primarily the responsibility of Estates, with support from the Health and Safety Office

Construction

The Building Act 1984 The Building Act 1984 is the primary legislation under which the Building Regulations and other secondary legislation are made. Indirectly Applicable

1984 c. 55

Compliance with the Building Act 1984 is primarily the responsibility of Estates

The Building Regulations 2010 The Building Regulations are made up of procedural regulations that set out what kind of work needs Building Regulations approval and how that approval should be obtained together with technical requirements that set the standards that should be achieved by the building work. Directly Applicable

2010 No. 2214

Compliance with the Building Regulations 2010 is primarily the responsibility of Estates Health and Safety Office needs to be aware of the legislation but no policy is required at the present

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time

Construction (Design and Management) Regulations 2007 (CDM)

The CDM Regulations are aimed at improving the overall management and co-ordination of health, safety and welfare throughout all stages of a construction project to reduce the large number of serious and fatal accidents and cases of ill health which happen every year in the construction industry. The Regulations place duties on all those who can contribute to the health and safety of a construction project. Duties are placed upon clients, designers and contractors with more power given to the CDM Coordinator in what is considered a more authorative and policing role. Directly Applicable Application: The CDM 2007 Regulations apply to all construction projects where people are at work. Enforcement: HSE

2007 No. 320

Approved Code of Practice

Construction (Head Protection) Regulations 1989

1989 No. 2209

Guidance

Health and Safety Office need to

establish if a policy is needed

Electricity

Electrical Safety Regulations 1994

Enforcement: HSE

1994 No. 3260

Low Voltage Electrical Equipment Regulations 1989

Both sets of Regulations relate to the supply of electrical equipment designed with a working voltage of between 50 & 1000 volts a.c. (or between 75 & 1500 d.c.), acting as secondary legislation under the Consumer Protection Act 1987 (the 'Act'). Because the Regulations operate with the same definition of 'supplier' as the Consumer Protection Act, then letting agents and landlords letting in the 'course of business' are liable as suppliers. The Regulations impose the obligation on the supplier of such goods to ensure that they are 'safe' as defined by Section 19 of the Act - so that there is no risk of injury or death to humans or pets, or risk of damage to property. The Regulations cover all mains voltage household electric goods including cookers, kettles, toasters, electric blankets, washing machines, immersion heaters, etc. BUT under the Consumer Protection Act 1987, s11 the Regulations do not apply to items attached to land. This is generally considered to exclude the fixed electrical wiring and built-in appliances (eg. central heating systems) from the Regulations. In the case of letting agents or landlords letting in the course of business, the electrical equipment 'supplied' will

1989 No. 728

Health and Safety Office needs to be aware of the legislation but no policy is required at the present time

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invariably be second-hand and little further information will be available (e.g. receipts, safety certificates, instruction manuals, etc.). Enforcement: HSE

Electricity at Work Regulations 1989 as amended Electricity is a major hazard - not only can it kill directly, through shocks (and the majority of electric shock fatalities occur at voltages up to 240V), it can also cause fires and explosions. These regulations aim to impose duties to limit the risks involved in using electricity at work. Electricity at Work Regulations 1989 as amended –[Portable Appliance Testing]

Directly Applicable Application: The Estates are responsible for all electrical supplies and fixed wiring in University Buildings and departments are responsible for portable appliances Enforcement: HSE

Policy to be published

Fire

Regulatory Reform (Fire Safety) Order 2005 The Regulatory Reform (Fire Safety) Order 2005 came into effect in October 2006 and replaced over 70 pieces of fire safety law. The Regulatory Reform (Fire Safety) Order 2005 applies to all non-domestic premises in England and Wales. It applies to any person or organisation responsible for business premises, part of a dwelling where that part is solely used for business purposes, or accommodation for paying guests. Under the Regulatory Reform (Fire Safety) Order 2005, the responsible person must carry out a fire safety risk assessment and implement and maintain a fire management plan. Directly Applicable Application: All areas and business activities of the University

Enforcement: HSE and Fire Service

2005/1541

The Furniture and Furnishing (Fire) (Safety) Regulations 1988

The Furniture and Furnishings (Fire Safety) Regulations 1988 (as amended in 1989, 1993 and 2010) set levels of

fire resistance for domestic upholstered furniture, furnishings and other products containing upholstery. Indirectly Applicable

1988 No. 1324

Health and Safety Office needs to be aware of the legislation but no policy is required at the present time

Health and Safety Management

Consumer Protection Act 1987

Indirectly Applicable 1987 c. 43

Health and Safety Office needs to be aware of the legislation but no policy is

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required at the present time

Equality Act 2010 The Equality Act became law in October 2010. It replaces previous legislation (such as the Race Relations Act 1976 and the Disability Discrimination Act 1995) and ensures consistency in what organisation needs to do to make the workplace a fair environment and to comply with the law.

Directly Applicable Application: All areas and business activities of the University

Enforcement: Equality and Human Rights Commission

2010 c. 15

Compliance with the Equality Act 2010 is the responsibility of the Equality and Diversity Adviser

Employers Liability Insurance Act 1969 Regulations 1998 and 2002 Employers are responsible for the health and safety of their employees while they are at work and are required by law to have Employers Liability Insurance. This differs from Public Liability Insurance, which is voluntary and covers claims made by members of the public or other businesses. Employers Liability Insurance covers employers for claims made by employees. Failure to hold current Employers Liability Insurance can result in fines.

Directly Applicable Application: All areas and business activities of the University Enforcement: HSE

1969 c. 57

Employers Liability Insurance is the responsibility of the University‟s Insurance Officer

Data Protection Act 1998 The Data Protection Act 1998 sets out rules for processing personal information. It applies to some paper records as well as those held in electronic form. The Act gives individuals certain rights. It also imposes obligations on those who record and use personal information to be open about how that information is used and requires them to follow the eight data protection principles.

Application: All areas and business activities of the University

1998 c. 29

Compliance with the Data Protection Act 1998 is the responsibility of the University Secretary and Clerk to the Board of Governors.

Freedom of Information Act 2000 The Freedom of Information Act gives you the right to ask any public body for all the information they have on any subject you choose. Unless there‟s a good reason, the organisation must provide the information within 20 working days. You can also ask for all the personal information they hold on you. Everyone can make a request for information – there are no restrictions on your age, nationality, or where you live. Indirectly Applicable Application: All areas and business activities of the University Enforcement: The Information Commissioner

2000 c. 36

Compliance with the Freedom of Information Act 2000 is the responsibility of the University Secretary and Clerk to the Board of Governors.

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Health and Safety at Work etc Act 1974 The HASAW or HSW, is the primary piece of legislation covering occupational health and safety in the United Kingdom. The Health and Safety Executive is responsible for enforcing the Act and a number of other Acts and Statutory Instruments relevant to the working environment. Health and Safety at Work etc Act 1974 [Section 2 (2). 3 – Training and Information] Health and Safety at Work etc Act 1974 [Section 2 (3) Safety Policy] Health and Safety at Work etc Act 1974 [Section 2 (7) - Safety Committee] Directly Applicable Application: All areas and business activities of the University Enforcement: HSE

1974 c.37

Corporate Manslaughter and Corporate Homicide Act 2007

The Corporate Manslaughter and Corporate Homicide Act 2007 came into force on 6 April 2008. Corporate Manslaughter is a new criminal offence that replaces common law offence. It enables a corporation to be convicted of corporate manslaughter when someone is killed as a result of the way the organisation is managed or organised and the failings by senior managers add up to a gross breach of the “relevant duty of care” owed to the deceased person. Application: All areas and business activities of the University Enforcement: HSE The police Crown Prosecution Service (England and Wales),

2007 c.19

Health and Safety Office needs to be aware of the legislation but no policy is required at the present time

Health and Safety (Consultation with Employees) Regulations 1996

Directly Applicable Enforcement: HSE

1996/1513

The Health and Safety (Miscellaneous Amendments) Regulations 2002 The Health and Safety (Miscellaneous Amendments) Regulations 2002 amend: the Health and Safety (First Aid) Regulations 1991; Health and Safety (Display Screen Equipment) Regulations 1992; Manual Handling Operations Regulations 1992, Personal Protective Equipment at Work Regulations 1992; Workplace (Health, Safety and Welfare) Regulations 1992; Provision and Use of Work Equipment Regulations 1998; Lifting Operations and Lifting Equipment Regulations 1998 and the Quarries Regulations 1999. Directly Applicable Application: All areas and business activities of the University Enforcement: HSE

2002 No. 2174

Health and Safety Office needs to be aware of the legislation but no policy is required at the present time

Health and Safety Offences Act 2008 The Health and Safety Offences Act 2008 came into effect on 16 January 2009 and increased the number of circumstances in which employees may be imprisoned for health and safety breaches.

Directly Applicable

2008 c. 20

Health and Safety Office needs to be aware of the legislation but no policy is required at the present time

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Application: All areas and business activities of the University Enforcement: HSE

Health and Safety (Training for Employment) Regulations 1990 Enforcement: HSE

1990 No. 1380

Health and Safety Office needs to be aware of the legislation but no policy is required at the present time

Health and Safety (Safety Sign Directly Applicable Application: All areas and business activities of the University Enforcement: HSEs and Signals) Regulations 1996

Human Rights Act 1998

Indirectly Applicable 1998 c. 42

Management of Health and Safety at Work Regulations 1999, as amended These Regulations require an employer to implement preventive and protective measures on the basis of general principles of prevention set out in EU legislation. There is also regulation requiring that a competent person in the employer's employment shall be appointed for the purpose of assisting him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under statutory provisions (not one who is not in his employment as in previous legislation). Employers must also arrange any necessary contacts with external services, especially as regards first-aid, emergency medical care and rescue work, that might be needed. In the event of failure to comply with these Regulations, it is not an adequate defence that it was caused by his employee or by any other person appointed by the employer. Management of Health and Safety at Work Regulations 1999, as amended – [Regulation 3 - Risk Assessment] Management of Health and Safety at Work Regulations 1999, as amended– [Regulation 6 – Health Surveillance] Management of Health and Safety at Work Regulations 1999, as amended– [Regulation 7 – Health and Safety Assistance] Management of Health and Safety at Work Regulations 1999, as amended – [Regulation 13 Capabilities and training]

Management of Health and Safety at Work Regulations 1999, as amended – [Regulation 16 - New and Expectant Mothers] Directly Applicable Application: All areas and business activities of the University Enforcement: HSE

1999/3242

Health and Safety Co-

ordinators

Occupiers' Liability Act 1957 Directly Applicable Application: All property owned or under the control University

1957 c. 31 (Regnal.

5_and_6_Eliz_2)

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Enforcement: HSE

Occupiers' Liability Act 1984 Directly Applicable Application: All property owned or under the control University Enforcement: HSE

1984 c. 3

Safety Representatives and Safety Committees Regulations 1977

1977/500

The Working Time Regulations 1998 The Working Time Regulations (1998) govern the hours anyone can work. They determine the maximum weekly working time, pattern of work and holidays, plus the daily and weekly rest periods. They also cover the health and working hours of night workers. Directly Applicable Application: All areas and business activities of the University Enforcement: HSE

1998 No. 1833

Personal Protective Equipment

Personal Protective Equipment At Work Regulations 1992 Directly Applicable Application: All areas and business activities of the University Enforcement: HSE

992/2966

Ionising and Non-ionising Radiation

Control of Artificial Optical Radiation at Work Regulations 2010 The Control of Artificial Optical Radiation at Work Regulations 2010 are aimed at employers

who artificially produce ultra violet, infrared and laser radiation either deliberately or as

by-product in order to protect staff and others from experiencing adverse health effects

to the eyes and skin.

The majority of artificial light sources are safe e.g. ceiling-mounted lighting,

photocopiers, light emitting diodes, remote control devices and any Class 1 laser light

product such as laser pointers and bar code scanners. These do not present a risk of

harm to health so no further action is needed.

2010/1140

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Directly Applicable Directly Applicable Enforcement: HSE

Ionising Radiations Regulations 1999 The main aim of the regulations is to establish a framework for ensuring that exposure to ionising radiation arising from work activities is kept as low as reasonably practicable and doses received do not exceed dose limits specified for individuals Directly Applicable Application: All areas where radioactive materials are stored or used or ionising radiations are generated Enforcement: HSE

1999 No. 3232

ACOP

Radioactive Substances Act 1960, 1993

Directly Applicable Application: The ordering, storage, use and disposal of radioactive material Enforcement: Environment Agency

1993 c. 12

Guidance

Systems of Work and Work Activities

Control of Vibration at Work Regulations 2005 Directly Applicable Enforcement: HSE

Diving at Work Regulations 1997 Directly Applicable Application: All University diving activities except those undertaken by the Student Union Enforcement: HSE

2005 No. 45

ACOP1

ACOP2

ACOP1:scientific and archaeological diving projects ACOP2: recreational diving projects

Health and Safety (Display Screen Equipment) Regulations 1992 Directly Applicable Application: All areas and business activities of the University where Display Screen Equipment is used Enforcement: HSE

1992/2792

Lifting Operations and Lifting Equipment Regulations 1998 as amended (LOLER) - [Fork Lift Trucks]

Directly Applicable Enforcement: HSE

1998/2307

Manual Handling Operations Regulations 1992 Directly Applicable Enforcement: HSE

1992/2793

Control of Noise at Work Regulations 2005

Directly Applicable

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Enforcement: HSE

Work At Height Regulations 2005 as amended The Work at Height Regulations 2005 apply to all work at height where there is a risk of a fall liable to cause personal injury. They place duties on employers, the self-employed, and any person who controls the work of others (e.g. facilities managers or building owners who may contract others to work at height) to the extent they control the work. Directly Applicable Application: All areas and business activities of the University where people are required to work at height Enforcement: HSE

2005/735

The Workplace

Confined Spaces Regulations 1997 as amended

Enforcement: HSE 1997/1713

Health and Safety Office needs to be aware of the legislation but no policy is required at the present time

Health Act 2006 Under the provision of the Health Act 2006 all workplaces and substantially enclosed public areas in England are smoke free by law. Directly Applicable Application: All of the University‟s enclosed spaces and vehicles Enforcements: Local Environmental Health Officers

2006 c. 28

The Smoke free (Premises and Enforcement) Regulations 2006

These Regulations which apply in England are made under Chapter 1 of Part 1 of the Health Act 2006 (smoke-free premises, places and vehicles) restricts smoking in work places and public places. Smoking is prohibited in all

'enclosed' or 'substantially enclosed' work places or public areas.

Directly Applicable Application: All of the University‟s enclosed spaces and vehicles Enforcements: Local Environmental Health Officers

2006 No. 3368

The Smoke free (Signs) Regulations 2007 The Smoke-free (Signs) Regulations set out the requirements for no-smoking signs required under smoke free legislation. Directly Applicable Application: All of the University‟s enclosed spaces and vehicles Enforcements: Local Environmental Health Officers

2007 No. 923

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Smoke-free (Penalties and Discounted Amounts) Regulations 2007 The Regulations, which apply to England and Wales, specify the penalties and discounted amounts for the purposes of smoking offences Directly Applicable Application: All of the University‟s enclosed spaces and vehicles Enforcements: Local Environmental Health Officers

2007 No. 764

The Smoke free (Vehicle Operators and Penalty Notices) Regulations 2007 set out the responsibility on vehicle operators to prevent smoking in smoke free vehicles and the form for fixed penalty notices. Directly Applicable Application: All of the University‟s enclosed spaces and vehicles Enforcements: Local Environmental Health Officers

2007 No. 760

Workplace (Health, Safety and Welfare) Regulations 1992, as amended

Directly Applicable Application: All areas and business activities of the University Regulator: HSE

1992/3004

Work Equipment

General Product Safety Regulations 2005 The purpose of the General Product Safety Regulations 2005 (the Regulations) is to ensure that all products intended for or likely to be used by consumers under normal or reasonably foreseeable conditions are safe. The Regulations apply to almost all products, new and second-hand, used by consumers whether intended for them or not. Responsibility for ensuring product safety is placed with the supplier, whether producer or distributor. Enforcement: HSE

2005 No. 1803

Health and Safety Office needs to be aware of the legislation but no policy is required at the present time

Pressure Systems Regulations 2000

Directly Applicable Application: Regulator: HSE

Safety of Pressure Systems Regulations 2000

Directly Applicable

Enforcement: HSE

2000/128

Supply of Machinery (Safety) Regulations 1992

Provision and Use Of Work Equipment Regulations 1998, as amended 1998/2306

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Directly Applicable

Enforcement: HSE