Workplace (Health,Safety and Welfare) Regulations 1992

Transcription

1 Document type INFORMATION PAPER Reference HEALTH AND SAFETY Issuing function EMPLOYMENT RELATIONS & UNION SERVICES Date of issue Workplace (Health,Safety and Welfare) Regulations 1992 THE CHARTERED SOCIETY OF PHYSIOTHERAPY 14 Bedford Row, London WC1R 4ED, UK Tel +44 (0)

2 Workplace (Health, Safety and Welfare) Regulations 1992 INTRODUCTION This briefing paper has been produced to provide some supplementary information on the Workplace (Health, Safety and Welfare) Regulations It should be read in conjunction with Part 1 Sections 1 and 8 of the safety representatives information manual. The Workplace (Health, Safety and Welfare) Regulations 1992 constitute one of the six pack regulations as found on page 18 of the manual. The Workplace (Health, Safety and Welfare) Regulations cover specific areas of health, safety and welfare to supplement the general duties on employers under the Health and Safety at Work Act The aim of this legislation was to provide a consistent set of minimum workplace standards. As a reminder: Regulations are legal requirements that must be complied with. Approved Codes of Practice (ACOPs) have been approved by the Health and Safety Commission and aim to provide practical advice on how to comply with the legislation. Employers do not strictly have to follow ACOPs, but they do need to prove that their standards are at least equal to the health and safety standards set. Guidance is issued by the Health and Safety Executive (HSE) or the Health and Safety Commission. Although not legally enforceable it does indicate the standards expected by health and safety inspectors. The Workplace Regulations deal with general requirements in 4 broad areas: - The working environment. - Safety. - Facilities. - Housekeeping. Residential and Nursing Homes are covered under the Workplace Regulations 2

3 but domestic premises are not. For community or domiciliary workers, patients homes are considered an extension of the workplace therefore employers are required to consider employee s health and safety under the Health and Safety at Work Act When employees are working in other employers workplaces, such as GP practices or schools, their own employer still has a duty to ensure health, safety and welfare under the Health and Safety and Work Act. WORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS There are a total of 27 regulations a brief summary of each is outlined below. Reg 1 Reg 2 Reg 3 Reg 4 Reg 5 Citation and commencement. States the date the regulations came into force which was 31 st December 1992 for new workplaces or 1 st January 1996 for old workplaces. Definitions Defines workplace as a work area and any other areas to which workers have access, including stairs, corridors, roads and pathways. Domestic premises are not covered by the regulations. Community or domiciliary workers, working in patients homes are protected under the Health and Safety at Work Act. Residential and Nursing Homes are covered under The Workplace (Health, Safety and Welfare) Regulations. Application to building and temporary sites. Applies to building sites and temporary sites. Building sites are not covered by the regulations and temporary sites must follow regulations as far as is reasonably practicable. Employers must prove that the risk of harm is so small, the cost of implementing the regulations on a temporary site is not justified. Responsibilities of employers. If an employee is working in another employer s workplace, their own employer still has a duty to ensure their health and safety under the relevant legislation. Maintenance. Workplace equipment, devices and systems must be maintained and in good repair. The ACOP highlights regular inspection, and testing of equipment and maintenance to be carried out regularly and the details suitably recorded. 3

4 Reg 6 Reg 7 Reg 8 Reg 9 Ventilation. Enclosed workplaces must be ventilated by a sufficient quantity of fresh and purified air. Air inlets should not be near any contaminated air, for example exhaust fumes or flues. Any environment where hazardous substances are used will require a higher standard of ventilation. There should be no exposure to uncomfortable draughts. Temperature. Employers must ensure that during working hours, the temperature inside buildings is reasonable. Workers should be comfortable without the need for special clothing (e.g. wearing coats and gloves indoors.) Reasonable steps to achieve this might include shading windows, using fans in hot weather or insulating hot pipes. The Approved Code of Practice says that workrooms should normally be at least 16 for most types of work and 13 for work involving physical effort. Draughts and humidity must also be considered when aiming for a comfortable temperature. Thermometers need not be provided for each workroom but there must be sufficient thermometers to measure the temperature in an environment that is uncomfortable. There is currently no legal requirement for a maximum working temperature. The TUC is calling for a maximum working temperature of 30 for normal working or 27 for those doing strenuous work. Ideally, temperatures should be between Lighting. Employers must ensure that every workplace has suitable and sufficient lighting which should be natural so far as is reasonably practicable. ACOP suggests sufficient is allowing workers to use facilities without eyestrain. Outdoor areas should also be adequately lit after dark. This component also includes emergency lighting which should also be suitable and sufficient. Cleanliness. Every workplace, furniture, furnishings and fittings must be kept sufficiently clean. Floors, walls and ceilings must have easily cleaned surfaces. Waste materials should be contained in suitable containers. According to the ACOP sufficiently clean will depend on the nature of the workplace i.e. food preparation. The ACOP also states that cleaning should be 4

5 Reg 10 Reg 11 Reg 12 carried out in an effective manner without exposing anyone to a health and safety risk. Room dimensions and space. Every workroom shall have sufficient floor area, height and unoccupied space. According to the Approved Code of Practice, 11 cubic metres per person should be allowed, assuming the room is 3m high. These measurements do not include equipment or furniture. Workstations and seating. Workstations must be suitable for the worker using it and the work being carried out. Awkward postures or movements should be kept to a minimum. Seating should be the right height for the user in relation to the workstation. Seating should include proper back support. Floors Floors must be suitably constructed without slippery or uneven surfaces. Workplace floors should, as far as is reasonably practicable be free from obstructions and other slip, trip or fall hazards. Stairs and slopes must be provided with handrails whenever possible. Effective drainage facilities should exist in wet areas. All points apply to indoor and outdoor areas. Reg 13 Reg 14 Preventing falls and falling objects. Where reasonably practical, employers must: Prevent anyone from falling a distance likely to cause personal injury. Prevent anyone being hit by a falling object, which is likely to cause him or her injury. Prevent anyone falling into a tank or pit containing dangerous substances. Windows and transparent doors. Windows and glass doors must be: Made of safety material. Adequately marked or designed to make transparent surfaces obvious. 5

6 Reg 15 Reg 16 Reg 17 Reg 18 Reg 19 Reg 20 Windows, skylights and ventilators. All glazing, windows and skylights and ventilators must be safe to open, close and adjust. When open they must not be a hazard to health and safety. Safety of window cleaning. All windows and skylights must be easily cleaned and window cleaning equipment safe to use. Traffic routes on site. The workplace must be organised to that there is safe passage of pedestrians and vehicles. Doors and gates. Doors and gates must be suitably constructed and fitted with any necessary safety devices such as stops on sliding doors, safety features on powered doors and see through panels in doors which swing in both directions. Escalators and moving walkways Escalators and moving walkways must function safely, be equipped with any necessary safety devices and be fitted with emergency stop controls. Toilets Regulation 20 states that suitable and efficient toilets must be provided at readily accessible places. Suitable requires that the conveniences must: Be adequately ventilated and lit. Be kept in a clean and orderly condition. Be in separate rooms for men and women. Have toilets in their own room and have a lockable door, not just a row of cubicles on one room. The Approved Code of Practice expands to include: Flush toilets should be provided connected to a suitable drainage system. Toilet paper should be provided. Suitable means to dispose of sanitary dressings. 6

7 Reg 21 Washing facilities. Within the workplace there must be suitable and sufficient washing facilities provided which are readily accessible. This includes showers if required by the nature of the work. Suitable requires washing facilities to be: Provided near to sanitary conveniences. Provided near any changing rooms. Provided with a supply of clean hot and cold water. Provided with soap or other similar means of cleaning. Provided with towels or other suitable means of drying. Sufficiently ventilated and lit. Kept in a clean and orderly condition. Provided with separate showers for men and women. The approved cope of practice provides a minimum number of toilets and washbasins to be provided. However, it also states that there should be enough facilities provided to enable everyone to use them without undue delay. This may mean that more than the minimum number is required. People at work Toilets Washbasins Approved code of practice recommendations. If members of the public will be using the facilities, more toilets and washbasins will be required. Where possible, there should be separate facilities for staff and the public. 7

8 Reg 22 Reg 23 Reg 24 Reg 25 Drinking water. An adequate supply of wholesome drinking water must be readily available at suitable places. Cups must be provided unless the supply is a drinking fountain. Accommodation for clothing. Employers must provide suitable and sufficient accommodation for: Workers own clothing which is not worn during working hours; and Special clothing worn at work but not taken home. Accommodation should be clean, warm, dry, well ventilated and located in a convenient place. So far as is practical, the facility for drying clothes should be provided. The Personal Protective Equipment Regulations 1992 also require accommodation for clothing and equipment. Changing facilities. Suitable and sufficient changing facilities must be provided where: Special clothing is required for work; and Workers cannot be expected to change in another room. There must be separate facilities for, or separate use of, facilities for men and women. Facilities must be large enough to provide privacy, overcrowding or unreasonable delays. Restrooms and meal facilities. Suitable and sufficient rest facilities must be provided. All rest facilities must include: Facilities for workers to eat meals. Eating facilities should be kept clean and include means of obtaining hot drinks. The Approved Code of Practice states that when hot food cannot be obtained in or near the workplace, facilities should be provided for workers to heat their own food. Arrangements to protect non-smokers from discomfort from tobacco smoke. Suitable rest facilities for pregnant workers and nursing mothers. These 8

9 should be situated near to toilets and include somewhere comfortable to lie down. Reg 26 From 31st December 1992 when the regulations came into force for new workplaces, extensions or conversions rest facilities must be a separate rest room. In older workplaces, this may be a rest room or rest area. All rest facilities should be large enough for everyone who needs to use them. All rest facilities should be clean, quiet and contain sufficient chairs and tables. Exemption of military forces. This regulation allows the Secretary of State for Defence to exempt military forces from the regulations when it is in the interests of national security. Reg 27 Changes to previous legislation. This regulation replaces parts of the Factories Act and the Offices, Shops and Railway Premises Act that previously covered workplace and welfare requirements. ACTIONS FOR SAFETY REPS Check these regulations are in place and that employers and employees are aware of them. Make sure you know how to access a copy of these Regulations. Liaise with other safety reps and management if there are any areas which you feel are inadequate. WORKING ENVIRONMENT SURVEY In 2001 a resolution passed at Annual Representatives Conference (ARC) called on the CSP to investigate the nature and extent of the problems faced by CSP members in relation to their work environment. 9

10 Many members work in buildings which were not originally designed to house physiotherapy departments. Even those that were are often ill-equipped for provision of today s wide range of physiotherapy services and increasing numbers of both patients and staff. In 2002, a brief questionnaire was sent out through the safety reps network to provide a snapshot of the most common issues arising out of the work environment and their impact on stress levels. The main findings of the survey were: Members who work in premises owned by someone other than their own employer experience more working environment problems than those working on their employer s own sites. A quarter of members describe their working environment as either less than adequate or very poor. Under 10% say their working environment is very good. Space is the single most pressing work environment issue for members. The space problems cover storage space, office space and space for treating patients, the latter being identified as the most important and being a particular problem for those working off site, in GP Practices, schools etc. The next most commonly reported problem is temperature control; this is unsurprisingly often associated with inadequate ventilation of work areas. The third group of issues is inadequate provision of rest facilities this includes unsatisfactory changing facilities, poor access to toilets and no available staff rooms or staff-only rest areas. Almost 90% of members state that the problems they have with their work environment have either a moderate or large impact on morale and on levels of work-related stress. Overall, 70% of reps reported that their employer took these health and safety problems seriously, but 30% felt that they failed to take them seriously and therefore to take effective action to address them. The proportion of employers failing to take the problem seriously rises to almost 40% where members are working on premises not owned by their own employers. 10