About This Report
Safety 360UK Ltd have been commissioned to carry out this health and safety audit. This report represents the written findings that have resulted from that audit. This report makes best attempts to be complete and makes every effort to ensure that the statements, information and recommendations within this report are a true reflection of the findings, however, it does not allow for information that has either been withheld or not offered.
This Report is to be Managed by the Responsible Person.
A detailed description of the applicable Legislation and Regulations and how we feel the company is currently complying.
Where areas of non-compliance have been found our recommendations are detailed herein. Our findings are based on what was seen on the day of the report. Always deal with RED non-compliance and priority hazard actions identified immediately.
The responsible person is to record, signing and dating, all actions taken in the action taken box.
"So Far as is Reasonably Practicable"
In a perfect world, all risks are to be eliminated, or as a minimum reduced as far as possible. However, it is recognised that not all risks can be completely removed. In most instances the law allows the responsible person to take into account any time, budget or legal constraints.
Priority Reference Table
| Priority | Meaning |
|---|---|
| HIGH | Immediate — action within 0–1 months. Breaches of legal requirements which could cause injury and require immediate short-term action. |
| MEDIUM | Action within 2–6 months. Breaches in legislation that may require medium/long term action to resolve. |
| LOW | Action within 6 months–1 year. Items of non-urgent priority or for future consideration. |
Health and Safety Legislation
The Health and Safety at Work Act lays down wide-ranging duties on employers. Employers must protect the ‘health, safety and welfare’ at work of all their employees, as well as others on their premises, including temps, casual workers, the self-employed, clients, visitors and the general public.
HASAWA allows the government to issue regulations, guidance and Approved Codes of Practice for employers. These set out detailed responsibilities for your employer in every aspect of workplace health and safety, from working safely with computers, to hazardous chemicals.
The Act contains powers for the HSE to enforce these employer duties and penalties for non-compliance.
This requires employers to conduct assessments of risk to the health and safety of its workforce, appoint a competent person and provide its workforce with information, instruction and training.
The main provisions of these Regulations require employers to provide such things as adequate lighting, heating, ventilation and workspace (and keep them in a clean condition); staff facilities, including toilets, washing facilities and refreshment; and safe passageways, i.e. to prevent slipping and tripping hazards.
This states that there must be provision of a Health and Safety at Work Law poster or similarly distributed leaflet which identifies legal responsibilities and how to contact the companies Health & Safety representatives.
Incl. The Reporting of Injuries, Diseases and Dangerous Occurrence Regulations 2013.
Employers must provide adequate and appropriate equipment, facilities, and personnel to enable first aid to be given to workers if they are injured or become ill at work.
The Regulations apply to ALL workplaces. Although the legislation does not require employers to provide first aid for members of the public, for example visitors, the Health and Safety Executive (HSE) strongly recommends that their needs are considered when planning first aid.
What counts as ‘adequate’ first aid provision depends on circumstances in the workplace. The minimum first aid provision is: a first aid box; and an ‘appointed person’ to take charge of first aid arrangements.
First aid provision must be available at all times whenever people are at work.
When considering Fire Safety legislation, the employer must appoint a responsible person who must ensure you carry out a fire risk assessment. This may be passed to a competent person however, in law the responsible person is still responsible for meeting the fire safety order.
The main provisions require employers to: ensure the safety and suitability of work equipment for the purpose for which it is provided; properly maintain the equipment, irrespective of how old it is; provide information, instruction and training on the use of equipment; and protect employees from dangerous parts of machinery.
Electrical systems should be of such construction as to prevent, so far as is reasonably practicable, danger. Duties include: maintaining, managing and controlling systems and work activities.
No electrical equipment should be put into use where its strength and capability may be exceeded in such a way as may give rise to danger.
Exposure to adverse or hazardous conditions (set out in the regulations, such as weather and mechanical damage) should be considered. The electrical equipment should be of such construction to prevent, so far as is reasonably practicable, danger arising from such exposure.
Akin to PUWER, this places responsibilities on the employer to ensure the safety and suitability of work equipment for the purpose for which it is provided, properly maintain the equipment, irrespective of how old it is and provide information, instruction and training on the use of equipment.
Noise can be harmful depending on the level of noise and the duration that a person is exposed to it. The regulation gives specific limits as to what a person can be exposed to, and the employer must ensure they are aware of the noise being produced by their activities.
Excessive noise can lead to damage to a person’s hearing which may not become apparent for some time.
Akin with noise, the regulation sets out specific limits as to the exposure that a person can be subjected to. Exposure to vibration over time can create significant circulation issues within a person leading to nerve and cell damage. Manufacturers specify the vibration that the equipment they supply will produce and it is the employer’s duty to ensure that the employee is not exposed to excessive vibration.
Under the Control of Substances Hazardous to Health Regulations 2002 (COSHH), an employer has a duty to protect its workers from exposure. This means it must assess the risks associated with the use of chemicals, solvents and other agents, and take all necessary steps to prevent exposure to risks.
The main provisions here apply to display screen equipment (DSE) ‘users’, defined as workers who ‘habitually’ use a computer as a significant part of their normal work. This includes people who are regular users of DSE equipment or, rely on it as part of their job. This covers you if you use DSE for an hour or more continuously, and/or you are making daily use of DSE.
Employers are required to make a risk assessment of workstation use by DSE users, and reduce the risks identified.
If staff use DSE for more than a couple of hours a day, then DSE self-assessments should be undertaken.
The main provisions require employers to ensure that suitable personal protective equipment (PPE) is provided free of charge “wherever there are risks to health and safety that cannot be adequately controlled in other ways”.
The main provisions of these Regulations require employers to: avoid (so far as is reasonably practicable) the need for employees to undertake any manual handling activities involving risk of injury; make assessments of manual handling risks and try to reduce the risk of injury. The assessment should consider the task, the load and the individual’s personal characteristics (physical strength, etc.); and provide workers with information on the weight of each load.
Any work at height must be properly planned, appropriately supervised and carried out in a safe manner. An emergency and rescue plan must be in place. Work at height should only be carried out when the weather conditions do not jeopardise the health or safety of persons.
This is certainly a regulation if not adhered to is likely to end in claims being made as falls from height remains the third main reason for fatalities in the workplace and often end with significant injury.
A confined space is one which is both enclosed, or largely enclosed, and which also has a reasonably foreseeable risk to workers of fire, explosion, loss of consciousness, asphyxiation or drowning.
It may be small and restrictive for the worker, or it could be far larger such as a grain storage silo with hundreds of cubic metre capacity.
No person shall enter a confined space to carry out work for any purpose unless it is not reasonably practicable to achieve that purpose without such entry.
Work must not be performed in a confined space unless an emergency plan is in place.
Resuscitation equipment must be provided.
Employers have a duty to consult with their employees, or their representatives, on health and safety matters.
The law sets out how employees must be consulted in different situations and the different choices employers must make.
Consultation with employees is essential as this is generally the method where issues may arise and agreed action can be progressed. A workforce that has input into safety matters is often one that is more proactive in developing a safe workspace.
Clients, principal contractors, contractors and designers all have clear, defined duties under this regulation.
Clients must ensure that pre-construction information is provided, projects are managed allowing sufficient time and resources, welfare provisions as defined are made available for use, where applicable projects are notified to HSE and all documents as defined by the regulation are available.
Sufficient time and funds must be allocated for the planning, undertaking and completion of all projects.
An occupier of a premises owes a ‘common duty of care’ to all visitors. The common duty of care is to take such care in all circumstances so that the visitor will be reasonably safe in using the premises for the purposes for which he is invited or permitted by the occupier to be there.
The 1984 amendment altered the Act to extend this duty of care to another (not being a visitor) where the danger is known or has reasonable grounds to believe exists by the occupier.
In order to manage the risk from asbestos in non-domestic premises, the dutyholder must ensure that a suitable and sufficient risk assessment is carried out as to whether asbestos is or is liable to be present in the premises.
Works must not be carried out that is liable to expose employees to asbestos. No maintenance, demolition or other such works must be undertaken without a suitable and sufficient assessment as to whether asbestos is present, the type and condition.
Asbestos was banned for use in the UK in November 1999, it is generally accepted that all premises constructed post 2000 are free of asbestos.
In order to manage the risk from legionella in non-domestic premises, the dutyholder must ensure that a suitable and sufficient risk assessment is carried out as to identify and assess sources of risk.
Legionnaires’ disease is normally contracted by inhaling small droplets of water, suspended in the air, containing the bacteria.
Certain conditions increase the risk of legionella including where all or part of the system may be at a temperature between 20–45°C, recirculated water, where water droplets are produced and dispersed.
A DSEAR risk assessment must be conducted where a dangerous substance could be a risk to the safety of people as a result of fire, explosion or similar energetic events or through corrosion to metal.
The DSEAR risk assessment must identify the substances in the workplace, work activities involving those substances and the ways in which those substances and work activities can harm people.
Suitable control measures must be put in place to reduce the risk to ‘as low as practically possible’ including providing sufficient training and having emergency procedures in place.
Where explosive atmospheres have the potential of forming, areas must be classified as hazardous zones.
Conclusions
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