Health and Safety at Work Act 1974 - Case Study Example

Health & Safety and Risk Assessment 4 BU 022 CONSTRUCTION HEALTH & SAFETY POLICY REFERRAL ASSIGNMENT Assignment No 2 Submitted to Mike Gallanagh Construction Health & Safety Policy Introduction The health and safety issue has been remained in focus since landmark legislation of health and safety Act 1974. The potential hazards and frequency of accidents involved in the different phases of construction activities call for a comprehensive and detailed know how of the subject by all concerned individual involved in construction activity. There has been a lot of instructions and legislation on the subject issued in last 25 years and made public by the authorities. The primary objective of theses legislations and instruction is to ensure safety of workers and executives during the process along with safety management at all tiers. Before formulation of any health and safety policy on the subjected it deemed necessary to have background knowledge of all the related legislation and its key subjects. Brief description of legislations concerning to health and safety are described below:- Health and Safety at Work Act 1974 The basis of all legislation on the issue is health and safety at work Act 1974. The Act defines the general duties which employers have towards employees, members of the public, employees have to themselves and to each other. In general terms it can be defined as “It is the responsibility of employer to ensure the health and safety of employees along with welfare at all stages of employment”. The Act with 28 main sections came into force in 1975 with the purpose to bring all the workers of all occupations under the cover of legislation. European Six pack The commonly known six pack regulations on health and safety is group of regulations which were introduced in Europe on January 1993.The inspiration to develop such legislation was to harmonize the health and safety law throughout the Europe under the frame work directive. These regulations put into practice various European directions on health and safety issues and also elucidate how employers must fulfill with their duties under the Health and Safety at Work Act (HASAWA) 1974. These legislations and regulations are enforced throughout the United Kingdom except Northern Ireland where similar legislations with different name are implemented. The European six packs comprises of following:- 1. The Management of Health and Safety at Work Regulations 2. The Display Screen Equipment Regulations 3. The Manual Handling Operations Regulations 4. The Personal Protective Equipment at Work Regulations 5. The Provision and Use of Work Equipment Regulations 6. The Workplace Health, Safety and Welfare Regulations Approved Codes of Practice (AcoPs) The Management of Health and Safety at Work Regulations, the Provision and Use of Work Equipment Regulations and the Workplace Health and Safety and Welfare Regulations mentioned above have Approved Codes of Practice (AcoPs). These have been approved by the Health and Safety Commission and give useful recommendations on what should be done to fulfill the requirement of the law. The Management of Health and Safety at Work Regulations These regulations contains duties of employers, self employed workers and employees. The rights of trade unions safety representatives are also elucidated in these regulations. The employer duties encompasses on assessment of risk for the safety of workers, arrangements for implementation of health and safety measures, facilitate in compliance of safety measures by effective means, ensure emergency procedures, adequate training/instructions of employees and sharing of work place. The employees’ duties elaborate the use of equipment and substance in accordance with training, reporting of matters and shortcoming in health and safety issues. The Display Screen Equipment Regulations These regulations clarify display screen equipment (DSE) such as visual display units (VDUs), microfiche and process control screens. The regulations relate wherever DSE is used, including offices, classrooms, computer suites, hospital wards and work at home. The seven regulations includes definitions, assessment of work stations, their standards, breaks and change of activities, eye and eye sight testing, training and information. 1. The Manual Handling Operations Regulations These regulations deals with physical lifting, carrying and moving load. The load may be an object, people or animal. These regulations are implemented whenever any type of manual handling is required. There are no limits set out for maximum weight. The regulations necessitate full assessment of all risks including the task, load and working environment. The main five regulations specify the definitions of loads, injury, manual handling operations, duties, risk assessments. 2. The Personal Protective Equipment at Work Regulations These regulations cover the Personal Protective Equipment’ (PPE) including protective clothing, hearing and respiratory protective equipment. It includes the duties of employer, employees’ and self employed workers. The eleven regulations deal with definition of PPE, its storage, maintenance, provision and training etc. 3. The Provision and Use of Work Equipment Regulations These regulations effectively deals with all type of equipment needed for work and describes the use of any machinery, appliances, tools and apparatus. The suitability of equipment to be employed, its maintenance, information and training to workers is the responsibility of employer besides confirming the UK enactment implementing EC directives listed. The thirty regulations amply cover equipment suitability criteria, maintenance and related issues. 4. The Workplace Health, Safety and Welfare Regulations These regulations lay down minimum standards for workplaces and work in or near buildings. Unlike previous legislation, these regulations apply to most types of workplace except transport, construction sites and domestic premises. The twenty five regulations gives details of duties of employer or person in control of premises. The Construction (Design and Management) Regulations 2007(CDM) The CDM regulation was enforced on 6 April 2007 and applied in Great Britain. The regulations dealing with construction work consist of following five parts. 1. Part I This part of regulations clearly explains the interpretation of various terms being used and application of CDM. 2. Part II The part two deals with general management duties applying to construction projects. These comprise of competence, co-operation, co-ordination, general principles of prevention, election by clients. It also explains client’s duty in relation to arrangements for managing projects/information, duties of designers, designs prepared or modified outside Great Britain and duties of contractors. 3. Part III It encompasses additional duties where project is notifiable. It also explains duties of clients beside additional duties of designer, contractors and general duties of CDM contractors. 4. Part IV It deals with duties in relation to and health and safety on construction site. It covers the details of application of regulations, work place safety, stability, security and prevention of risk from fire. 5. Part V This part deals with civil liability, enforcement in respect of fire, transitional provisions, revocations and amendments. Basic principles for formulation of effective and health and safety policy 1. Health and Safety Policy guidance The effective health and safety policy is the one which provides a clear direction to the organization in order to maintain and contribute towards all aspects of business performance The responsibilities are set out in a manner which fulfill the spirit of law. Moreover it satisfies the shareholders, employees, customers or society at large along with cost effectiveness. 2. Organization of Health and Safety policy The successful management structures and arrangements leads to a victorious health and safety policy of a company which is poised to deliver in befitting manner . The management behavior keeps all the staff motivated and in high spirits and empowered to work safely and ensure long term health. An effective communication bridge among the management and employees contributes largely to health and safety effort. 3. Planning There should be a planned work program for implementation of safety policy. The primary objective of the planning is to reduce hazards and risks associated with health and safety. The risk analysis and assessment should be done and priorities are set. The pattern, sequence and specific actions are clearly identified in planning phase to promote health and safety. 4. Standard to be maintained The performance of the organization is judged against the standards and identify where the improvement is required. A procedure of self monitoring is devised to assess the efficacy of health and safety policy.The monitoring will enable the management immediate causes of substandard performance and assist in investigating accident and losses. 4. Experience The organization must take lead from past experiences AND DEDUCE lessons with a view to analyze it for future review. There is a systematic review of performance based on knowledge and from independent audits of whole health and safety policy. Performance may be recorded in annual report with references. Characteristics of an effective Health and Safety Policy The main characteristics of an effective and successful health and safety policy are as under:- 1. They accurately depict the values and beliefs of the makers. 2. The policies are not only devised but implemented with genuine commitment to actions. 3. The policies must have set objectives, intention, approach to deal and a vision for definite action to meet their objectives in effective manner. Importance of workforce The performance or output of an organization is directly related to the efficiency of work by its people. Work may contribute positive or negative impact to individual health. If work force is satisfied and involved in work then they will have improvement in health and well being which will ultimately bring positive results for the company. It is therefore necessary to recognize the benefits of a fit, enthusiastic, competent and committed workforce. It is rightly said that ‘A good safety record goes hand in hand with high productivity and quality standards’. Reduction in Losses Injuries and ill health may cause financial loss like accidental damage to movable or immovable property. The avoidance of loss can only be ensured if the causes of accidents are reduced if not finished. Responsibility The prime responsibility of health and safety of all concerned is the responsibility of management. Any type of Accidents, ill health and incidents are seldom random events. They occurs due to failures of control and involve multiple contributory elements. The immediate cause may be a human or technical failure, but they usually arise from organizational failings which are the responsibility of management. Successful policies aim to exploit the strengths of employees. REVITALISING HEALTH AND SAFETY The term revitalizing health and safety is the reemphasis on the already enforced issue of health and safety with new impetus and objectivity.The requirement for this felt as a consequence of number incidents and accident still happening in large number. The programme was announced in March 1999 after 25 years of enforcement of Health and Safety at work Act 1974. The primary aim was to inject new impetus, reduce number of accidents, and oversee legislation regarding health and safety and gain maximum dvantage from links between occupational health and safety and other government programmes. Targets The program set challenging targets which include reduction of work related injuries by 30% by 2010,reduce fatl and major injury by 10%, reduce work related ill health by 20% and achieve half the improvement by 2004. Plan The envisaged plan was to motivate employers, engage small firms, put the government own department in order, occupational health and greater coverage f risk concepts in education. Checklist A comprehensive document including strategic statement, aims, targets, and action plan was formulated. The checklist was provided to meet the targets and acieve intended aim in prescribed time. This has further institutionalized the issue and promoted health and safety at work place in UK. Conclusion The overall drop in accidents or injuries related to work place over last ten years is self explanatory with regards to the effective ness of these legislations in health and safety at construction site. The accidents are direct result of unsafe activities and conditions both of which can be controlled by health and safety management and the legislation described briefly are helpful in attainment of these objectives. They provide guidelines to employers as well as employees and health and safety official for successful completion of project without health and safety issues. Work Cited 1. Phil Huges MBE, Ed Ferrett, Introduction to health and safety in construction, Third Edition 2. The health and safety‘six pack’ UNISON’s Guide 3. Stuart Summer Hayes, CDM Regulation 2007 procedures manual, Third Edition 4. Legislation and Standard Health and Safety Regulations 5. Successful health and Safety Management by HSE Second edition, published 1997 6. http://www.hse.gov.uk/statistics/sources.htm 7. Revitalising Health & Safety in 2000 Read More