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Topics

Asbestos, C.O.S.H.H. & Legionellosis

Lone & Home Workers
Disability Access & Welfare Manual Handling
Employee Consultation Outside Contractors
Electrical Safety Risk Assessment & Policy Statement
Fire Arrangements, Induction & Training Seating & Eye Sight Care
Food Hygiene Stress, First Aid & R.I.D.D.O.R.
Lighting, Blinds, Temperature & Space Young Persons and New & Expectant Mothers

 

Asbestos, C.O.S.H.H. & Legionellosis

How do I know if Asbestos is present in my building, and what should I do?

If your accommodation / building was constructed prior to the 1990’s, there is a high percentage chance that Asbestos may be present in the fabric of the building.

It is a legal requirement that any occupier and or owner / landlord should establish the presence of Asbestos and manage the risk accordingly, especially when modernisation and or building / refurbishment work is planned.

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What is C.O.S.H.H.?

C.O.S.H.H. is the Control Of Substances Hazardous to Health, as regulated by the C.O.S.H.H. Regulations, 1999.  C.O.S.H.H. substances, eg. bleach, toilet cleaner, window cleaner, furniture polishes, floor cleaners, paints, solvents and lubricating oils are commonly found in office environments and require separate risk assessment.  C.O.S.H.H. substances should be stored securely with accompanying C.O.S.H.H. data sheets, providing essential safety information.

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What is Legionellosis (including Legionnaires disease)?

Legionellosis is the term used for infections caused by Legionella pneumophila and other bacteria from the family Legionellaceae.  Legionnaires disease is principally a form of pneumonia.  You will require a suitable water treatment programme specifically in respect of the following:

·                    Water system incorporating a cooling tower and / or evaporative condenser

·                    Hot water services, except where the volume of hot water in the system does not exceed 300 litres

·                    Hot and cold water services, irrespective of size in premises where occupants may be susceptible

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Disability Access & Welfare

What do I need to consider when employing disabled persons?

Under the Disability Discrimination Act, 1995 rights of access, goods, facilities, services and premises should be available and accessible to disabled persons.  In this respect, a disability access survey should be undertaken in order to conform with the requirements under this Act, where reasonable to do so, including provision for welfare facilities.

In addition, an employer must carry out a specific risk assessment in order to ensure the health, safety and welfare of disabled employees.  In respect of fire safety, a P.E.E.P. (personal emergency egress plan) should also be put into place.

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Do I have to provide disabled access for my employees?

Yes.  Service providers will have to make “reasonable adjustments” to the physical features of their premises to overcome physical barriers to access.

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What guidance documentation is available, detailing specific requirements for buildings?

The Building Regulations 2000, Approved Document M is widely available, offering guidance on a comprehensive range of requirements relative to those with disabilities.  

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Employee Consultation

Does the employer have to consult with employees on health & safety matters?

Yes.  In accordance with The Health & Safety (Consultation with Employees) Regulations 1996.  The employer is required to consult with employees upon any measure at the workplace which may substantially affect their health & safety, including hazards identified by risk assessment and resultant control measures, safe systems at work and health & safety arrangements.

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Electrical Safety

Do I have to test electrical appliances?

Yes.  Testing of the mains electrical system is required at 5 yearly intervals, together with portable electrical appliances being tested on an annual basis (for high usage wear and tear items), or every 2 years for lower usage items.

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Fire Arrangements, Induction & Training

What do I need to know about the Regulatory Reform (Fire Safety) Order, 2005?

The Regulatory Reform (Fire Safety) Order, 2005 repeals The Fire Precautions Act 1971 and The Fire Precautions (Workplace) (Amendment) Regulations 1999.  The main practical change is that fire certificates will no longer be issued, and existing fire certificates are no longer valid.  Fire safety is now entirely the responsibility of the employer, occupier or manager, mainly by way of fire risk assessment.

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Should induction training be provided by the employer?

Yes.  Induction and orientation should be provided to all new employees at commencement of their employment.  This should include information, instruction and training in safe systems of work, awareness of fire arrangements and procedures (evacuation, nearest fire exits, routes, and meeting point) together with an introduction to the appointed first-aider and fire marshal.  This also applies to outside contractors and service providers whilst on site.

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How often should fire evacuations be practiced?

At 6 monthly intervals.

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How often should fire marshals be trained?

Suitable and sufficient information, instruction and training should be provided at commencement of the appointment, and thereafter refresher training every 2 years (maximum).

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How many fire marshals are required in an office environment?

The number of fire marshals required in an office environment will depend on the layout and number of floors the office occupies, as well as the nature of work being carried out, i.e. work processes involving flammable materials may require a higher number of fire marshals.  There should always be a minimum of 2 appointed and trained fire marshals, no matter how small the office is (within reason) in case 1 is off sick, on leave or out of the office at the time of an evacuation.

For companies who are not able to provide sufficient trained fire marshals, it is acceptable (where practical) to share fire marshals with neighboring companies, particularly within multi-occupancy buildings.  There must, however be a written formal agreement in place documenting this, and all staff should be made aware of who their fire marshals are.

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How often should the fire alarm be tested?

Weekly, upon the same time and day of each week (during normal business hours).

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What is the minimum width allowed for a fire route or exit?

The width of escape routes and exits depends on the number of persons needing to use them, as stated in The Building Regulations 2000, Approved Document B.

Maximum number of persons

Minimum width

50
110
220
>220

750mm
850mm
1050mm
5mm per person

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What are the responsibilities of the Health & Safety Officer / Responsible person?

As the appointed person, you may be held responsible for any breaches of Health & Safety both in the Criminal and Civil Courts. You therefore have a substantial corporate and personal liability, together with your Employer.

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Food Hygiene

Is food hygiene a Health & Safety issue in the workplace, and how does it affect me?

Food hygiene has always been an important Health & Safety issue, non-more so than now, with a worrying increasing trend of food poisoning in the workplace.  If you prepare food in the workplace either in the kitchen or canteen / catering dept., it is of paramount importance that Food Hygiene Legislation is adhered too, including Training, Audits and HACCP (Hazard Analysis Critical Control Points).

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Lighting, Blinds, Temperature & Space

How does lighting affect Health & Safety?

Good lighting, whether natural or artificial, has an important role to play.  It helps us to see hazards and can reduce the likelihood of visual fatigue and discomfort, and is therefore an important consideration in respect of workstation activities.  Average luminance for workstations should range from 200 to 500 Lux.

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Should window blinds be provided?

In accordance with The Health & Safety (Display Screen Equipment) Regulations 1992, windows should be fitted with a suitable system of adjustable covering (blinds), to attenuate the daylight that falls on the workstation.

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What is the minimum legal temperature in the workplace?

In accordance with Welfare Regulations the minimum temperature should be in the region of 16 Degrees Celsius and upward, for an office or similar environment.

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Is there a maximum temperature for the workplace?

There is no maximum legal limit on temperature under UK Health & Safety Legislation, although an Employer would be expected to co-operate with Employees in cases of temperatures exceeding 27 Degrees Celsius relative to flexi time working and arrangements in order to minimise the effects of excessive temperatures.  

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What are the minimum space dimensions required for a workstation user?

The Health & Safety (Display Screen Equipment) Regulations 1992 states that "The workstation shall be dimensioned and designed so as to provide sufficient space for the operator or user to change position and vary movements".

The Workplace (Health, Safety & Welfare) Regulations 1992 states that "the total volume of the room, when empty, divided by the number of people normally working in it should be at least 11 cubic metres".  This assumes a maximum ceiling height of 3 metres, and may be insufficient if the room is taken up by furniture etc.

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Lone & Home Workers

What do I need to consider when employing lone workers?

If you employ lone workers, eg. out of hours support staff, in your place of work, or from other remote locations, you should put into place a surveillance and / or monitoring system to ensure regular communication at agreed intervals, and to provide adequate first aid relative to the risks identified.  In the case of home workers using display screen equipment, a separate risk assessment should be undertaken at the users home.

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Is an Employer responsible for the Health & Safety of Home Workers?

Yes. If an Employer has designated Home Workers and provides equipment and recourses for that purpose, the Employer is duty bound to carry out a suitable and sufficient Risk Assessment, in order to identify the associated hazards and put into place control measures to either eliminate or reduce the Hazards to an acceptable level (specifically Display Screen Equipment).

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Manual Handling

What is manual handling?

Manual handling of loads by human effort using bodily force.  Manual handling includes both transporting a load and supporting a load in a static posture.  The load may be moved or supported by the hands or any other part of the body.  Also including lifting, lowering, pulling, pushing, catching, throwing.  The first rule of manual handling is to avoid the task if reasonably practicable by the introduction of automation, mechanisation and manual handling aids.

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Outside Contractors

What responsibilities does the employer have regarding the safety of outside contractors?

Where outside contractors and service providers are working in or on your premises, you are responsible for their safety in respect of orientation and emergency arrangements and procedures. In addition you should request a method of work statement which identifies the hazards, control measures and resultant risks arising from the contractors work activity.  In the absence of a method of work statement, and in the event of an accident occurring, the employer could be held responsible by way of vicarious liability.

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Risk Assessment & Policy Statement

Why do I have to carry out a risk assessment?

In order to identify foreseeable hazards in the workplace, assess the risk and put into place control measures to either eliminate or reduce the hazard.  In accordance with regulation 3 of Management of Health & Safety at Work Regulations, 1999, every employer shall make a suitable and sufficient assessment of the risks to the health & safety of his employees, to which they are exposed whilst they are at work, and the risk to the health & safety of persons not in his employment, arising out of or in connection with the conduct by him of his undertaking.

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Who should undertake risk assessments?

Risk assessments should only be undertaken by competent persons, either internally or externally (consultant), as long as the risk assessor has suitable knowledge, understanding and practical experience of the subject of the risk assessment.

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What risk assessments do I need to undertake?

General risk assessment:  In accordance with Management of Health & Safety at Work Regulations, 1999.  Including New & Expectant Mothers, and Young Persons at Work.

Fire risk assessment:  Carry out a fire risk assessment of your workplace ( you must consider all your employees and all other people who may be affected by a fire in the workplace and you are required to make adequate provision for any disabled people with special needs who use or may be present at your premises).  Identify the significant findings of the risk assessment and the details of anyone who might be especially at risk in case of fire (these must be recorded if you employ more than five people).  Provide and maintain such fire precautions as are necessary to safeguard those who use your workplace and provide information, instruction and training to your employees about the fire precautions in your workplace.

Manual handling:  Avoid hazardous manual handling operations so far as is reasonably practicable.  This may be done by redesigning the task to avoid moving the load, or by automating or mechanising the process.  Make a suitable and sufficient assessment of any hazardous manual handling operations that cannot be avoided.  Reduce the risk of injury from those operations so far as is reasonably practicable.  Particular consideration should be given to the provision of mechanical assistance.  Where this is not reasonably practicable, then other improvements to the task, the load and the working environment should be explored. 

C.O.S.H.H. (where applicable):  Control Of Substances Hazardous to Health.  Includes substances such as bleach and many other common cleaning substances.  To be stored securely with accompanying C.O.S.H.H. data sheets.  The purpose of an assessment is to enable a valid decision to be made about measures necessary to control substances hazardous to health arising from any work.  It also enables the employer to demonstrate readily, both to himself and other people, that all the factors pertinent to the work have been considered, and that an informed and valid judgement has been reached about the risks, the steps which need to be taken to achieve and maintain adequate control, the need for monitoring exposure at the workplace and the need for health surveillance.

Display Screen Equipment:  Every employer shall perform a suitable and sufficient analysis of workstations, for example work station setup, user position and posture, including suitable & sufficient workstation parameters and dimensions.

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What is a Health & Safety Policy Statement?

An organisations Health & Safety Policy Statement should incorporate:

The policy statement is intended as a publication of the employers policy on all matters of health & safety, and should be divided clearly into 3 sections as below, namely "statement of intent", "organisation of health & safety", and "arrangements of health & safety".

1)                  A clear statement of intent and overall policy and objectives

2)                  The organisation of health & safety, including specific responsibilities

3)                  Detailed health & safety arrangements to cover all areas and activities

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Seating & Eye Sight Care

Is seating at work important?

Unsuitable seating can cause people to adopt awkward postures which can lead to discomfort, back pain and upper limb disorders.  This may prove costly to employers in the form of staff absences, potential civil claims and lost production.  Individuals also bear some of the costs in the form of suffering and lost income.

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What aspects of seating do I need to be aware of?

The chair needs to be comfortable for the intended period of use, providing adequate support for the lower back, and providing sufficient padding and shaped to prevent uncomfortable pressure on the thighs.  The chair also needs to have adequate types and ranges of adjustment, e.g.. adjustable height, so that work can be carried out at or below elbow height, and a sufficiently adjustable backrest in height and angle to allow the user to gain support.  Also, armrests (which are not legally required) need to be suitable for the task and workstation, allow adequate arm movement and must not prevent the user from bringing the chair far enough forward.

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What rules are there regarding eye sight testing?

Under the Display Screen Equipment Regulations, 1992, an employer, upon request will provide an appropriate eye and eye sight test, to be carried out by a competent person and be responsible for the cost.  Furthermore, the employer will also be responsible for the basic cost of corrective devices (spectacles) required for display screen work.

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Should an employee take a break from the display screen?

Yes, where the display screen use involves extensive use of the keyboard, mouse and screen, breaks should be taken before the onset of fatigue.  Short frequent breaks are more satisfactory than occasional longer breaks, e.g. a 5-10 minute break after 50-60 minutes continuous screen and / or keyboard work, is more beneficial than a 15 minute break every 2 hours.

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Stress, First Aid & R.I.D.D.O.R.

Is stress in the workplace a Health & Safety issue?

Yes. An employer has a responsibility to identify Excessive Stress in the workplace and if identified or brought to the attention of the Employer, it should be acted upon, in order to reduce excessive workplace stress to an acceptable level.

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Is the employer required to provide first aid facilities?

In accordance with The Health & Safety (First Aid) Regulations 1981, the employer should make an assessment of first-aid needs, appropriate to the circumstances of each workplace, including the appointment of suitably qualified first aid personnel and first aid kit and equipment.

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How many first aiders are required in an office environment?

The number of first aiders required in an office environment will depend on the layout and number of floors the office occupies, as well as the nature of work being carried out, i.e. hazardous work processes may require a higher number of first aiders.  There should always be a minimum of 2 appointed and trained first aiders, no matter how small the office is (within reason) in case 1 is off sick, on leave or out of the office at the time of an accident.

For companies who are not able to provide sufficient trained first aiders, it is acceptable (where practical) to share first aiders with neighboring companies, particularly within multi-occupancy buildings.  There must, however be a written formal agreement in place documenting this, and all staff should be made aware of who their first aiders are.

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What is R.I.D.D.O.R.?

R.I.D.D.O.R. is Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995.  It is an offence to fail to report an accident at work or at another site where R.I.D.D.O.R. applies, eg. in the event of a death, absent for over 3 days as a consequence of injury, specified dangerous occurrences and diseases, any fracture other than to fingers, thumbs or toes, any amputation, dislocation of the shoulder, hip, knee or spine, loss of sight, a chemical or hot metal burn to the eye, or any penetrating injury to the eye, an injury resulting from electric shock and burn, and any admittance to hospital for more than 24 hours.

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Young Persons and New & Expectant Mothers

What do I need to consider, when employing young persons?

Anybody under the age of 18 is considered a young person at work.  Employers must ensure that young persons are protected from risks to their health & safety which are a consequence of their lack of experience, or absence of awareness of existing or potential risks, or the fact that young persons have not yet fully matured.

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What do I need to consider when employing new and expectant mothers?

The Employer should immediately be informed in writing of any pregnancy, forthcoming or prior. Once informed, the Employer should carry out a Risk Assessment, in order to identify hazards in the workplace, ie manual handling, workstation and computer use, and the provision and use of welfare facilities etc.

Where the risk assessment identifies risks to new or expectant mothers and their children and these risks cannot be avoided by the preventative and protective measures taken by an employer, the employer will:

  • Alter her working conditions or hours of work, if it is reasonable to do so.
  • Identify and offer her suitable alternative work that is available
  • Suspend her from work on full pay

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