Establish health and safety requirements

16. 1for Establish health and safety requirements projects The Health and Safety at Work Act (Section 2 (2) (a)) requires that employers should provide and maintain plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health. To achieve this, a safe system of work needs to be established. A safe system of work can be defined as a formal procedure established by a systematic examination of a task in order to identify all the hazards. Links This topic guide links to HNC in Building Services Engineering Unit 6: A.C. 1.1, 1.3 and 2.1. A safe system of work should: be logical include and combine all components of an activity, i.e. people, plant, equipment, materials, the nature of the task and the environment in which it will be carried out identify and document the hazards, safety precautions and safe working practices associated with all activities performed by employees. The safe system should be made known to staff through written procedures, training and at regular meetings. This topic guide will cover: legislation. 1

Key terms Legislation laws that have been debated and approved by the government, and entered into the statute book (hence the term statutory instruments or regulations ). Legislation represents the legal building blocks of our society. It is presented as Acts of Parliament. Enabling act authority to a government-sponsored body to carry out the necessary actions to meet its responsibilities. In the case of health and safety, an enabling act, such as the Health and Safety at Work Act, grants the state the power to issue the regulations needed to provide and maintain a safe and healthy workplace. 1 Legislation Statutory legislation forms the framework for all health and safety policy. This policy has been developed over decades to rationalise the disparate requirements for health and safety in the workplace. These requirements are sometimes enforced by the courts. Contravention can lead to injury or death, and can result in heavy financial penalty and even imprisonment. There are two enabling acts that form the basis of all health and safety at work regulations. These are outlined in the section that follows. The Health and Safety at Work Act 1974 The Health and Safety at Work Act was created to bring together a patchwork of health and safety regulations that had been created over the years and which were disjointed and hard to comply with or enforce. It has evolved constantly since it was first introduced in 1974, taking into account changing working practices, technology and the workplace itself. An example of this evolution is the development of the modern office filled with computer equipment. Seating, lighting and the positioning of Visual Display Units (VDUs) have become a health and safety issue, and the Act was amended to take this into account, albeit in a very general way. The main thrust of the Health and Safety at Work Act is that it places a duty of care on employers to take responsibility for the health and safety of their employees. However, it is also the responsibility of the employee to cooperate in health and safety matters. The Management of Health and Safety at Work Regulations 1999 The Management of Health and Safety at Work Regulations interpret the high level requirements of the Health and Safety at Work Act 1974 into a set of actions to be taken by an employer and employee in order to implement the requirements of the main Act. The regulations state what needs to be carried out to implement and maintain a safe and healthy workplace but do not give any detail as to how this can be done. This is either described in other, more specific, regulations or is down to the discretion of the employer and their health and safety representatives and officers. The main requirements of these regulations are outlined below. Risk assessment a system by which hazards are identified and controls put in place to alleviate the risk from those hazards. Training all staff should be trained, not only to carry out their own duties correctly, but also in safe working practices generally. An example of the application of this requirement in the construction industry is the provision of on-site health and safety training for anyone intending to enter that site. Preventative measures rather than wait for an accident to happen before improving the workplace, employers have to make sure that measures are put in place to prevent the accident. Assistance in maintaining health and safety an employer should appoint people who will assist in the provision and maintenance of health and safety: 2

Key term Management system a formal structure developed to control the various processes within an organisation. This can be project management, change control, problem handling, and, in this case, the provision and maintenance of health and safety. A management system must be recorded with all responsibilities and their interrelationships clearly stated and shown. ISO 9000 is an international standard applied to management systems. Links This section links to NVQ Unit 16: LO1. an example would be safety officers and representatives. One method is to establish a health and safety management system. Health surveillance information health and safety information must be readily available to staff members. Employees responsibilities employees are also responsible for the maintenance of health and safety within their company and must cooperate with their employer. Emergency procedures formal procedures must be put in place to minimise the risk from an emergency such as fire or chemical spillage. The staff must be made aware of these procedures. Cooperation with other companies companies must cooperate with each other in the implementation and maintenance of health and safety. The construction site is a good example of a place where different trades and organisations come together on a single project. Requirements for the protection of expectant mothers and young persons in the workplace are also included in these regulations. Portfolio activity (1.2) Check that the requirements of the Management of Health and Safety at Work Regulations are being met within your organisation. If so, how are they being met? Select five requirements. Present them in a table format similar to the one below. Requirement Example: Training all staff should be trained not only to carry out their own duties correctly but also in safe working practices generally. Method of implementation Health and safety specific All staff directly involved in health and safety as part of their job role to receive relevant training. Health and safety champion NEBOSH qualification. Officers and representatives hold current CSCS cards and are programmed to attend regular update sessions. These sessions are delivered by a representative from HSE, RoSPA or another recognised body. First aiders receive formal qualification, then regular refresher and update training. Delivered by a representative of a recognised first-aid training body. All staff site induction takes place prior to entry, and before commencing work on any construction site. Health and safety awareness days held annually. Basic first-aid refresher and update session delivered annually. Professional and role training All staff have completed relevant qualifications to a minimum of Level 3. Qualification awarded by recognised awarding body and recorded as a certificate. All gas engineers complete an annual assessment delivered by a recognised body. Any staff changing role are given training in new role. Formal or informal as appropriate, e.g. heating and ventilation engineers have to complete a Level 3 electrical qualification before being allowed to work on electrical controls for HVAC systems. Supporting evidence such as copies of certificates and other documents, photographs and timetables to be included. 3

Construction (Design and Management) Regulations 2007 (CDM) The CDM regulations are fundamental to a safe and healthy construction industry. They cover a wide range of construction site activities and issues, and are intended to influence the designer, client and those involved in the actual construction work. These regulations extend beyond the design and construction process to the actual use of the finished building. CDM regulations, therefore, take effect at the very outset of the design, construction and handover process. They demand that health and safety considerations and risk elimination are built into every stage of a construction project. The major part of these regulations deals with the requirements for construction project health and safety. These regulations divide those involved into a set of major roles and outline their responsibilities. Client The client is the person or organisation ordering the work. The client must appoint a CDM coordinator. It is also the client s role to select a contractor who has the necessary competence to carry out the work safely and effectively. Key term Notifiable some construction projects must be notified to the HSE. The HSE criteria for notification are that the project will last longer than 30 days and exceed 500 person days of construction work. Designer The CDM regulations consider a designer to not only be someone who has the title as their profession, but those working as architects, engineers and quantity surveyors. The CDM regulations use the term to describe anyone who prepares: design drawings specifications bills of quantities. The designer s responsibility under the terms of the CDM regulations is to eliminate risk at the design stage; in other words, to complete a design that will minimise risk to those working on the construction of the project and to those who will be using it afterwards. The designer must also provide information about any risk that remains. If a project has to be notified to the Health and Safety Executive (HSE), the designer must make sure that the client is aware of their duties and also ensure that a CDM coordinator has been appointed. They must also provide information for the health and safety file if the project is notifiable. Portfolio activity (1.7) List the information that must be passed on to the HSE for a notifiable construction project. 1 Research the information required for a notifiable project by referring to the HSE website. 2 If possible, ask to be included in the planning phase for a new project which is notifiable. 3 Compile the necessary information in preparation for its submission to the HSE. 4 If it is not possible to take a direct role in such a project, locate the information within your company management system that would be required for notifiable work and, using copies of relevant documentation, prepare a submission pack. 4

CDM coordinator The CDM coordinator works with both the client and contractor on all aspects of the project, including health and safety, and welfare. The coordinator must not allow any work to commence until all necessary welfare facilities are in place. Preparation and maintenance of a health and safety file is also included in the coordinator s responsibilities. Principal contractor As the organisation carrying out the work, the principal contractor is responsible for providing welfare facilities, carrying out site health and safety induction and the maintenance of safe working practices and standards. Working practices is a common term that describes the way work is carried out. It does not cover the details of the actual tasks and operations but the way they are accomplished. So, using a very simple example, good working practice around digging a hole with a spade would be concerned with: provision of good-quality and fit-for-purpose tools clear instructions as to the location and dimensions of the hole provision of adequate resources to dig the hole and remove waste soil provision of appropriate personal protective equipment (PPE) all people involved being sufficiently trained to carry out the job everyone involved knowing what to do in the case of an accident or emergency. Safe working practices and standards include the following measures. Excavation making sure that trenches and other excavations are safe from collapse and flooding, and the need for regular inspection. Emergency procedures arrangements for dealing with emergencies and accidents must be drawn up and ready for implementation when needed. Firefighting and detection where appropriate, there should be fire detection equipment fitted. Firefighting equipment such as extinguishers must be readily available and employees must be trained in their use. Stability of structures this applies to any existing part of a building on which construction work is being carried out, as well as temporary structures such as scaffolding (see Figure 16.1.1). Existing structures must not be made unsafe by the works and temporary structures must be stable and secure. Vehicles and traffic routes vehicles must only be used for the purpose for which they are intended, and operated by trained personnel. Traffic routes around the site must be segregated and indicated clearly to protect pedestrians. Welfare dedicated toilet and washing facilities must be provided on site. There must be hot water, soap and a means for drying hands. 5

Working level Figure 16.1.1: Fixed scaffolding. Key term Expert witness a professional with sufficient experience and credibility to be trusted to advise a court of law on a specific technical or scientific point. Statutory instruments Otherwise known as statutory regulations or documents, these are regulations owned and enforced by the HSE. The two types of statutory instrument are: substantive specific regulations which apply to a business or activity and show steps that can be taken to make the workplace safe administrative specifying enforcement powers, for example the revocation or amendment of existing regulations. Codes of Practice An Approved Code of Practice is a method of translating the higher level requirements of statutory regulations into practical actions that must be adhered to or carried out. Most statutory documentation is accompanied by an Approved Code of Practice which details how compliance with the regulations can be achieved in practical terms. An Approved Code of Practice does have a legal status. If an employer is prosecuted for a breach of health and safety law, and it can be proved that they have not followed the requirements of the relevant Approved Code of Practice, they can be found at fault. The Code of Practice is, in effect, an expert witness in a court of law. If you do not comply with the Code then, by default, you have not complied with the regulations it represents. 6

Portfolio activity (1.1 1.4) Join the project management team for a medium-sized building services engineering project. You will work with people experienced in the project management role. Your role will involve organising and implementing a safe system of work for the project. 1 Study the requirements and method statement for the project and identify the operations and areas of work which entail hazard. 2 Identify where permits to work will be required. 3 Draw up a health and safety method statement (or contribute to the main one) for each area and reference the relevant statutory regulations, identifying which actual regulations apply in each case. 4 Identify particular items of PPE that will be required and include them in the method statement. If your company or organisation does not possess any particular item, source and arrange for it to be ordered and delivered. 5 Prepare a presentation explaining the importance of implementing a safe system of work and your own plan for implementing such a system for the project. Portfolio activity (1.7) On a medium-to-large construction project, audit its adherence to the CDM regulations. Interview, where possible, either the client, designer, contractor principal or anyone else involved in the management of the project. Examine documentary evidence for compliance with these regulations. Concentrate on two of the roles listed below and on the robustness of the relationship between them in terms of the requirements of CDM: client CDM coordinator designer contractor principal. The audit should include aspects such as: formal records of roles within the project clearly recorded lines of communication signed agreements and statements of understanding plans for welfare provision onsite evidence of health and safety planning evidence of safety considerations in the design minutes of meetings, particularly in terms of action points/objectives, timescales, responsibilities and progress problem handling/change requests. Write a report on your audit, including a brief guide to CDM and its requirements. Checklist At the end of this topic guide you should be familiar with: legislation and what it means to the building services engineering industry enabling acts and their purpose Construction (Design and Management) Regulations 2007 and their main requirements statutory instruments, their purpose and legal standing Codes of Practice and where they stand in the health and safety documentation hierarchy. 7

Further reading and resources Health and safety management systems (guidance): www.hse.gov.uk/managing/health.htm Managing health and safety five steps to success: www.hse.gov.uk/pubns/indg275.pdf Hughes, P. and Ferrett, E., Introduction to Health and Safety in Construction, Fourth Edition (Butterworth-Heinemann, 2011) ISBN 9780080970684 Acknowledgements The publisher would like to thank the following for their kind permission to reproduce their photographs: Fotolia.com: markim (1) All other images Pearson Education We are grateful to the following for permission to reproduce copyright material: Pearson Education Limited for Figure 16.1.1 from Level 2 and 3 Diploma in Electrical Installations (Buildings and Structures) Candidate Handbook by Terry Grimwood and Andy Jeffrey, 2013, p.99, copyright Pearson Education Ltd; The Management of Health and Safety at Work Regulations, Crown copyright 1999. Every effort has been made to trace the copyright holders and we apologise in advance for any unintentional omissions. We would be pleased to insert the appropriate acknowledgement in any subsequent edition of this publication. 8