Flash cards MANAGEMENT REGS

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Regulations
Mike Doran
Flashcards by Mike Doran, updated more than 1 year ago More Less
Mike Doran
Created by Mike Doran over 7 years ago
Mike Doran
Copied by Mike Doran about 7 years ago
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Question Answer
Reg 3 RISK ASSESSMENT
REG 4 Principles of Application a) Avoid risk b) Evaluate risks that cannot be avoided c) Combat the risks at source d) Adapt risk to the individual e) Adapt to tech progress f) Substitution g) SSoW h) Give collective protective measures priority i) Instruction
REG 5 H&S ARRANGEMENTS Planning Organisation Control Monitoring Review
REG 6 HEALTH SURVEILLANCE Risk assessments should identify where surveillance is needed for example where: *There is an identifiable disease or adverse health condition related to the work *Valid techniques exist to detect indications of the disease/condition *There is a reasonable likelihood that the disease/condition may occur *Surveillance will help protect the health and safety of the employees *A competent person should determine the level, frequency and procedure of health surveillance required. as a minimum a health record should be kept Example 1. Noise 2. Vibration 3. Dusts 4. Hazardous chemicals especially carcinogens 5. Asbestos 6. Lead 7. Ionising radiation
REG 7 H&S ASSISTANCE Competent Persons Every employer should appoint one or more competent persons to assist in managing risk. * Such persons shall be regarded as competent where they have sufficient training and experience or knowledge and other qualities to properly assist the employer. *The competent person may be an employee or a person external to the business e.g. a consultant
REG 8 PROCEDURES FOR SERIOUS & IMMINENT DANGER relates to serious and imminent danger at work. Employers are required to establish appropriate procedures, nominate sufficient people to implement them and ensure that untrained staff are not allowed access to dangerous areas. At its simplest, this may only require adequate procedures for fire and, possibly, bomb threats. However, the risk assessment should identify any other situations that may arise requiring employees to evacuate all or part of the workplace. Such procedures will normally need to be recorded in writing (under regulation 5) and brought to the attention of the employees ( under regulation 9, below).
REG 9 CONTACTS WITH EXTERNAL SERVICES requires employers to make any necessary contacts with external services, including procedures for employees to follow in securing assistance from police, fire and other emergency services.
REG 10 INFORMATION FOR EMPLOYEES requires employers to provide their employees with 'comprehensible and relevant information' on: the risks to their health & safety identified in the risk assessment the preventative and protective measures the procedures for serious and imminent danger the people appointed to take charge for such procedures any risks notified to him by other employers occupying the same premises Before employing a child (someone under school leaving age) the employer is required to provide this information to the child's parents or guardian.
REG 11 COOPERATION & COORDINATION concerns the sharing of workplaces between two or more employers, including on a temporary basis. In such circumstances each employer must co-operate with the other(s), co-ordinate their approach to health and safety as far as possible and inform each other of relevant risks to the others employees. This will apply especially where a contractor is coming onto site to carry out maintenance or other works in another employers premises. It also applies to those common parts of multi-occupancy buildings.
REG 12 WORK IN HOST EMPLOYERS' OR SELF-EMPLOYED UNDERTAKINGS is similar to regulation 11 - and applies to employees of another employer working within their premises, e.g. temporary agency staff. It would also apply to staff from Customs or the Inland Revenue, for example, who visit another employers premises to undertake audit or other duties. The host employer must provide such workers with instructions and information on the possible risks to health and on what to do in an emergency situation. The employer of the visiting workers must also provide the host employer with any relevant information on risks that might be created by the visiting employees.
REG 13 CAPABILITIES & TRAINING requires employers to take employees capabilities into account when allocating duties, to ensure that the demands of a job do not exceed an employees ability to do that job safely. Employers are also required to provide adequate health and safety training to employees: on recruitment whenever the risks to which they are exposed change, whether because of a transfer to new duties, through the introduction of new equipment or working practices or new technology. Such training should be periodically repeated and must be carried out during working hours.
REG 14 EMPLOYEES' DUTIES expands on the general duties on employees contained within the Health & Safety at Work Act. Employees are required to use items provided by the employer (including both machinery and safety equipment) in accordance with the training and instructions that the employer provides (under the requirements of regulations 10 and 13). In addition, employees are required to notify employers of any serious hazards that they may encounter. Where appointed safety representatives exist, employees can report such matters to them, to discharge their duty under this regulation.
REG 15 TEMPORARY WORKERS provides that workers on fixed term contracts and employees of Employment Businesses must be provided with suitable information and, if appropriate, health surveillance. This duty overlaps with some of the others mentioned above.
REG 16 RA FOR NEW / EXPECTANT MOTHERS deal with new and expectant mothers. Employers have to include the assessment of risks to such persons within their main Regulation 3 risk assessment where their workforce includes 'women of child-bearing age' (this is not defined in the regulations and so is likely to be a matter of fact rather than legal definition).
REG 17 MEDICAL CERTIFICATE FOR NEW OR EXPECTANT MOTHERS Where she works at night AND where a certificate (GP/Midwife) shows she should not be working in the conditions stated on the cert...
REG 18 NOTIFICATION BY NEW / EXPECTANT MOTHERS Employer need take no action unless the mother has notified in writing that she is either a) Pregnant b) Given bitrth within 6 months c) Breast feeding Need not MAINTAIN action if a) no written confirmation within a "reasnoble time b) If she is no longer a new or expectant mother c) If employer can't establish if she is still a new/expectant mother
REG 19 PROTECTION OF YOUNG PERSONS affords additional protections to young people - including prohibiting certain types of employment and exposure to certain chemical or physical agents.
REG 20 EXEMPTION CERTS MOD etc
REG 21 PROVISIONS AS TO LIABILITY No defence in criminal proceedings for a contravention caused by the act or omission of any employee
REG 22 EXCLUSION OF CIVIL LIABILITY •Breach of duty of MHSWR cannot be used in civil proceeding, except: ◦where duty relates to risk under Reg 16 (new mothers RA) ◦where duty contained in Reg 19 (young persons)
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