Health And Safety At Work Regulations 1999

So what are the responsibilities of employers and employees' responsibilities?

TITLE: THE MANAGEMENT OF HEALTH AND SAFETY AT WORK 1999 Regulation


SUMMARY:

These regulations were introduced in 1993 in response to a directive from the EC. The initial management of the Health and Safety at Work 1992 have been amended several times:

Managing Health and Safety at Work (Amendment) Regulations 1994
Health and Safety (Young Persons) Regulations 1997
Precautions against fire (Work) Regulations 1997

Because of the magnitude that the regulation has changed, they were subsequently amended in 1999 and the HSE has revised its Code of Practice Apporaved (ACOP). The regulation aims to strengthen the requirements of the Health and Safety at Work Act and aim to strengthen the state and the employers' duty of ordinary care and to clarify the responsibility of employers to identify health problems / security and find ways to combat them. The main requireemtns the Regulations are set out below.


Application:
The regulation does not apply to domestic services in a private household, nor does it apply to masters and crews of seagoing vessels and marine activities are covered by the Merchant Shipping and Fishing Vessels (Health and Safety Work) Regulations 1997. However, the regulations may apply when a ship is in port of Great Britain and shore workers and the work of the crew of the ship together.


Reg 3: Risk Assessment
Employers and employees should perform a self assessment, covering both workers and others who may be affected by their work or business. The assessment should focus on the effect of their business, work activities and inventory.

Employers who employ five or more employees must record the significant results of the risk assessment.

The evaluation must determine how risks occur and how they affect people, employees or other persons who may be affected by whetehr an occupation. This information will affect decisions about how to manage risk, ensuring that they are made with full knowledge, rational and structured manner and the action is proportionate to risk.

The Regulations specify that the evaluation must be "adequate and sufficient, but do not define what that means. The ACOP states that this means he must identify the risks arising from or in connection with work. The assessment should be proportionate to the risk. Example for small companies with one or a few dangers simple, no complicated processes or skills are needed. However, for large and dangerous sites, the assessment should be thorough, which can become complex. The employers and the self-employed are required to take reasonable steps to identify risks. Evaluations should be tailored to the nature of work and must indicate the period during which it is either they remain valid for a specified period of review apporpriate.


Reg 5: Methods of health and safety
Employers must take appropriate steps to Efective planning, organizing, controlling, monitoring and review of protective measures and prevention.


Reg 6 - Health surveillance
The risk assessment should identify where monitoring is needed, eg when:

aec there is an identifiable disease or adverse health condition at work
aec there are valid techniques for detecting indications of disease / condition
aec there is a reasonable probability that the disease / condition can occur
aec monitoring will help protect the health and safety of employees.

A competent person should determine the level, frequency and methods of health surveillance required. At a minimum, a health record must be retained. <.