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Section 4

Hazards andIll Health at Work

5369 Hazards SECTION 4 27/8/09 12:02 Page 83

SECTION 4 CHAPTER 17 – ASBESTOS

HAZARDS AT WORK

BASIC FACTS ABOUT ASBESTOSAsbestos has been the main cause of occupational illhealth from about 1950 onwards and is still thegreatest single work-related cause of death from illhealth.

Past exposure is now responsible for about 4,000people dying from asbestos-related cancers everyyear. This figure is expected to rise over the next tenyears and then decline.

These deaths are tragic for the people involved,causing immense pain and suffering to them andtheir relatives, friends and colleagues.

Safety representatives play an important role incontrolling workplace risks and can help to preventexposure to asbestos. In 2006, the TUC and HSEjointly produced The Control of Asbestos at WorkRegulations 2006 – a Guide for SafetyRepresentatives. Extracts from this guide arereproduced below. The full guide can be found on theTUC website at www.tuc.org.uk/extras/asbestosguide.pdf

What is asbestos?Asbestos is the name used for a range of naturalminerals. There are three main types of asbestos:

� blue (crocidolite)

� brown (amosite)

� white (chrysotile)

The type of asbestos cannot be identified just by itscolour.

Asbestos has been used in a very large number ofproducts, many of which have been used inbuildings. Some products have one type of asbestosin them while others have mixtures of two or more.

All types of asbestos can be dangerous.

Why is it dangerous?Asbestos is made up of thin fibres. These can breakdown into much smaller and thinner fibres. Thesmallest fibres cannot be seen with the naked eye butthey can be breathed in.

Asbestos fibres are only dangerous if they aremade airborne and breathed in, but all types ofasbestos fibres are potentially fatal if breathed in.

The fibres that are breathed in can become stuckin the lungs and damage them. This can cause scarsthat stop the lungs working properly (asbestosis), orit can cause cancer. The main types of cancer causedby asbestos are cancer of the lung and cancer of the

lining of the lung (mesothelioma).These diseases can take from 15 to 60 years to

develop and there is no cure for any of them.

Where do you find asbestos?You are most likely to find it in buildings built orrefurbished before 2000. Many thousands of tonnesof asbestos products were used in buildings. Much ofit is still there and you cannot easily identify theseproducts from their appearance.

The most common uses of asbestos in buildingswere:

� loose packing between floors and in partition walls

� sprayed (‘limpet’) fire insulation on structuralbeams and girders

� lagging, e.g. on pipework, boilers, calorifiers, heatexchangers, insulating jackets for cold water tanks,around ducts

� asbestos insulation board (AIB), e.g. ceiling tiles,partition walls, soffits, service duct covers, firebreaks, heater cupboards, door panels, lift shaftlinings, fire surrounds

� asbestos cement (AC), e.g. roof sheeting, wallcladding, walls and ceilings, bath panels, boiler andincinerator flues, fire surrounds, gutters, rainwaterpipes, water tanks

� other products, e.g. floor tiles, mastics, sealants,textured decorative coatings (such as artex), ropeseals, gaskets (e.g. pipework), millboards, paperproducts, fire doors, cloth (e.g. fire blankets),bituminous products (roofing felt)

Remember – how dangerous the asbestos is dependson the type of asbestos and the type of material it isin, the condition of the material, and how likely thematerial is to be disturbed.

Who is likely to be exposed to asbestos fibres?Anyone who disturbs asbestos-containing materials,for example, by working on them or near them.

Research has suggested that the groups most at riskare those who carry out building maintenance andrefurbishment work, for example the following (this isnot a complete list, nor in any particular order):

� demolition contractors

� electricians

� roofing contractors

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Asbestos17



HAZARDS AT WORK

� painters and decorators

� construction contractors

� joiners

� heating and ventilation engineers

� plumbers

� telecommunications engineers

� gas fitters

� fire and burglar alarm installers

� plasterers

� general maintenance staff

� builders

� computer installers

� shop fitters

� building surveyors

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROL A considerable number of laws and regulations applyto asbestos. General duties can be found in thefollowing chapters of Hazards at Work:

� Safety Representatives and Safety CommitteesRegulations 1977 – Chapter 3, with reference tosafety representatives’ rights and consultation

� Health and Safety at Work etc. Act 1974 –Chapter 12

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13

� Construction (Design and Management)Regulations 2007 – Chapter 21

� Workplace (Health, Safety and Welfare)Regulations 1992 – Chapter 45

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THE CONTROL OF ASBESTOS REGULATIONS2006

The duties under the Control of AsbestosRegulations 2006 are largely the same as under theprevious regulations, but there are some importantchanges:

� There is a new, lower control limit (which no onemust go over) of 0.1 fibres per millilitre of airmeasured over four hours.

� Work with textured coatings will, generally, notneed to be done by a licensed contractor. It willstill need to be done safely by trained, competentpeople working to certain standards.

� Employers can no longer carry out work in theirown premises with their own workers without alicence if the work would otherwise require alicence.

� The Regulations are clearer on training. Suitabletraining is required for anyone who is, or may be,exposed to asbestos.

What is a licence?Work with the most dangerous asbestos-containingmaterials (which give off high fibre levels whendisturbed), requires a licence from the Health andSafety Executive (HSE). Work with most asbestos-containing materials requires a licence.

A licence is required for virtually all work withloose packing, sprayed insulation, lagging andasbestos insulation board. Very minor work(which, in total, takes one person no more thanone hour, or more people no more than two hoursin any seven-day period) does not require a licence.

A licence is not required for work when a riskassessment confirms that the exposure (without arespirator) will not go above 0.6 fibres permillilitre in any ten-minute period or go over thecontrol limit and the work involves certainmaterials. So, a licence will generally not berequired for work involving asbestos cement,textured coatings and other materials where thefibres are firmly held in a matrix (e.g. vinyl floortiles and bituminous products such as roofing felt).

What do the Regulations say and what should I do?The Regulations apply to all work with asbestosmaterials carried out by employers, the self-employed and employees. They apply to all workwith asbestos whether it requires a licence or not.

Managing asbestos in buildings (Regulation 4)Whoever has control of a building has a duty tomanage the asbestos in their buildings – youremployer should be able to tell you who this is. Theduty holder has to take reasonable steps to find outif there are materials containing asbestos in thepremises and, if so, how much, where they are andwhat condition they are in. This can – but does nothave to – involve a survey. A survey can be:

� Type 1 – presumptive. This is to locate materialsassumed to contain asbestos and note whatcondition they are in. No sampling is done

� Type 2 – sampling. This is the same as type 1 butsamples are taken and analysed to confirm whetherasbestos is present

� Type 3 – full access. This involves getting fullaccess to all parts of the building, using destructiveinspection if necessary. This type is usually usedjust before demolition or major refurbishment



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The results of all types of survey should berecorded and the information provided to anyonewho may work on, or disturb, these materials.Safety representatives are entitled to thisinformation.

� Has any survey been done? If so, which type?

� Does it cover all parts of the building? If not,why?

� Is the information readily available andunderstandable?

� Is it given to anyone who needs it, for example,contractors?

A suitable risk assessment should be made beforecarrying out any work which may exposeemployees to asbestos.

� If any work which will, or could, disturbasbestos is planned, has the risk assessment beendone by a competent person?

� Does it relate specifically to the particular joband site?

� Does it cover other risks (like falls from heightor electricity)?

Those who control premises need to manage therisk from asbestos and ensure that an assessmentis made as to whether asbestos is, or may be,present in the building. This includes wherethe asbestos is, or is assumed to be and whatcondition it is in. It should always be assumedthat asbestos could be present until a full survey isdone.

� If you suspect that there may be asbestos inyour building, what has been done to manage therisks from it?

� Ask to see any assessments or the results of anysurvey.

� Do the assessments tell you where the asbestosis, may be, or is assumed to be?

� How are people made aware of asbestos andwhat to do about it?

� How will anyone coming in to do work, such asa contractor, be made aware and will the way theywork be monitored?

Identifying the presence of asbestos (Regulation 5)No employer must carry out demolition,maintenance or any other work which exposes, ormay expose, their employees to asbestos in anypremises unless they have found out:

� whether asbestos is, or may be, present

� what type of asbestos it is

� what material it is in; and

� what condition it is in; or

� if there is any doubt about whether asbestos ispresent, the employer has assumed that it is presentand that it is not only white asbestos

� Is all this information readily available, or hasthe employer said that they will assume asbestos ispresent?

� Is the information clear and easy tounderstand?

� Are there any parts of the building which havenot been checked?

Planning work (Regulation 7)No work should be carried out with asbestosunless a written plan of work detailing how thatwork is to be carried out has first been prepared.

� Is there a plan of work?

� Does it say clearly how the work will be done?

� How is the waste going to be removed?

� How will the employer make sure that the workis done in the way the plan says it should be?

� Have other risks which may be present (likefalls from height and electricity) been considered aswell?

� How will employees be informed?

Information, instruction and training (Regulation 10)Every employer must give adequate training(which includes information and instruction) toemployees who are, or may be, exposed toasbestos, their supervisors and those who do workto help the employer comply with theseRegulations. This should make them aware of(among other things):

� the properties of asbestos, its health effects andthe interaction of asbestos and smoking

� the type of materials likely to contain asbestos

� what work could cause asbestos exposure andthe importance of preventing exposure

� how work can be done safely and whatequipment is needed

� emergency procedures

� hygiene facilities and decontamination

The training must be given at regular intervals. Itneeds to be proportionate to the nature and degreeof exposure and so should contain the appropriatelevel of detail, be suitable to the job, and shoulduse written materials, oral presentation anddemonstration as necessary.



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� Has everyone who is, or may be, exposed toasbestos been given enough information,instruction and training to enable them tosafeguard their health?

� Was the training suitable for the job?

� Are there arrangements to train new people?

� Are there arrangements for regular refreshertraining?

Preventing or reducing exposure (Regulation 11)Employers have a duty to prevent exposure so faras is reasonably practicable. If exposure cannot beprevented, it must be reduced so far as isreasonably practicable without workers having touse masks. If that has been done but the exposurewould still be above the control limit, the employerhas to provide suitable masks which reduce theworkers’ exposure to below the control limit andas far below it as is reasonably practicable. It isgood practice to use masks and other personalprotective equipment even at levels below thecontrol limit.

� Has this approach actually been taken?

� How will the employer make sure that theworkers are not exposed to more than the controllimit? It is not always necessary to carry out airtests, for example when it is well known whatexposure levels an activity generates – and theworst levels are assumed. Air tests may be neededto confirm that the controls are working.

If any employee is exposed to more than thecontrol limit, the employer must:

� inform the employees concerned and theirrepresentatives

� ensure that the work does not continue untiladequate action has been taken to reduce exposureto below the control limit

� find out why the control limit was exceeded andtake action to prevent it happening again, andtake air samples to make sure this action waseffective

Employers need to ensure that whatever controlsthey put in place are properly maintained andused. This includes providing any necessarysupervision.

Employees need to make sure they use any controlsproperly.

� Do the employees know how to use the controlsin place?

� Do they know what to do if they suspect thecontrols are not working properly?

The employer should make arrangements to dealwith accidents, incidents and emergencies. Theseshould minimise the effects of the event and restorethe situation to normal. Anyone who may havebeen affected should be informed immediately.

� Do these arrangements exist and doeseverybody know about them?

� Is it clear who is responsible and what for?

� What happens when those people are absent?

Sampling, air tests and clearance certification(Regulation 20)All air testing, sampling of asbestos and (from 6April 2007) clearance certification must be carriedout by someone who is accredited by anappropriate body. UKAS (the United KingdomAccreditation Service) is the only such nationalaccreditation body recognised by the Government.

� Do reports show the UKAS accreditation logo?

Health records and medical surveillance (Regulation 22)Apart from a few exceptions (where exposure isvery low), for each employee who is exposed toasbestos, employers have to:

� keep a health record

� keep the record (or a copy) for at least 40 years

� ensure the employees are under adequate medicalsurveillance by a relevant doctor

� provide a medical examination not more than twoyears before such exposure and one at least everytwo years while such exposure continues (certificatesof examination need to be kept for four years)

� tell the employee if the medical shows anydisease or ill-health effect from the exposure

Employees have to be available during workinghours for medical examination.

Washing and changing facilities (Regulation 23)Employers must provide adequate washing andchanging facilities for employees who are, or maybe, exposed to asbestos.

� Are these adequate and well maintained?

� Are males and females catered for?



HAZARDS AT WORK

WHAT CAN SAFETY REPRESENTATIVES DO?If a safety representative suspects that there areasbestos materials in a building, they should ask theemployer what has been done to determine if suchmaterials are present. Safety representatives can askto see the results of any inspection or survey done toidentify the presence, and condition, of asbestosmaterials.

Remember that there is only a risk if asbestosfibres are made airborne. This can happen whenasbestos materials are damaged or disturbed.However, all asbestos-containing materials should beclearly marked, even if in good condition.

If you see material which you have reason tobelieve contains asbestos, it has been damaged andyou believe that there is a serious risk of exposure to

asbestos fibres, you should ask everyone to leave thearea. But remember not to create more of a risk topeople by, for example, causing a panic or leavingsomething in an unsafe condition. Remember alsothat minor damage to some asbestos materials doesnot always mean that there is a serious risk or thatimmediate evacuation of the area is warranted, forexample minor damage to materials securely boundin a matrix such as textured coatings or asbestoscement. However, damaged edges should be coatedimmediately, and repaired as soon as possible.

In any case, you should notify the employer oroccupier immediately. No further work should takeplace until the area is safe. That means that action –appropriate to the risk – has been taken. Such actioncould be the repair or removal of asbestos or cleaningof the area by a trained person with suitable equipment.

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Checklist

Questions safety representatives should be askingabout asbestos

The TUC checklist below urges union safety representativesto ask their employer five key questions, and suggests thesort of answers that show employers are doing the rightthing. If an employer (or other dutyholder) fails to answerany of the questions satisfactorily, the employer might notbe doing enough to manage asbestos safely.

1. Have you checked whether asbestos is present in yourbuildings?

� a survey/inspection has been planned for ......................(date)

� a survey/inspection has been done to find materials thatmight have asbestos in them

� an expert has checked and confirmed whether or not thematerials have asbestos in them, or

� it has been assumed that unknown materials contain asbestos

2. Have you got a record or drawing which clearly showswhere in your buildings the asbestos is and whatcondition it is in?

� a record or drawing showing where it is and what itlooks like has been done

� a register has been drawn up listing all the asbestosmaterials and their condition, or

� this will be done when the survey/inspection is finished

3. How are you managing the asbestos in your buildings?

� the badly damaged asbestos has been removed, orsealed to stop fibres being released

� the undamaged asbestos has been labelled/colourcoded

� a nominated person controls maintenance work

� building and maintenance workers are told where theasbestos is before they start any work, or

� the asbestos is regularly checked every year tomake sure it has not deteriorated or beendamaged

4. How are you warning people who might work on ordamage the asbestos in your buildings?

� workers are told where the asbestos is and whether theasbestos is damaged or undamaged

� workers are given a plan with this information

� workers are told the building may contain asbestos andthey should treat the material as if it is asbestos

� workers have been/will be given awareness trainingso that they do not disturb/damage the asbestosand know what to do if they find damagedmaterial

5. How are you checking that your management systemsthat are meant to prevent exposure to asbestos actuallywork and continue to do so?

� the arrangements to control the risk are periodicallyreviewed as a matter of course

� spot checks are done to make sure thebuilding/maintenance worker is getting the rightinformation and working safely, or

� any changes in the use of the building or the condition ofthe asbestos are dealt with



HAZARDS AT WORK

When anyone needs to work in a building built orrefurbished before 2000, or with something whichmay contain asbestos, ask:

� Is asbestos present?

� What is the safest way to do the work?

� Can you look at the risk assessment for the job(which should tell you what the risks are and how tocontrol them)?

� Is the work such that it should only be done by alicensed contractor?

Workers can do certain jobs with asbestos which donot require a licence, but their employer must ensurethat they are adequately trained and have the rightequipment. The employer must ensure that they:

� have received adequate training first

� are provided with and always wear a suitablemask

� are provided with disposable overalls

� are provided with a class HEPA vacuum cleanerto vacuum up dust

� do not cut or drill into asbestos with power tools(unless it is unavoidable – in which case theemployer must ensure that the appropriate controlsare in place and used)

� dispose of all waste properly

The training should help workers to understand,among other things, the dangers of working withasbestos, where they may come across it, and how towork safely with it.

Only certain work on asbestos-containingmaterials can be carried out without a licence. Foradvice on how to carry out work which does notrequire a licence, see the task sheets on the HSEwebsite (www.hse.gov.uk/ asbestos) or in AsbestosEssentials Task Manual, HSG210.

FURTHER INFORMATION(in alphabetical order)

Asbestos support groupsFor the latest information on asbestos supportgroups see Chapter 6.2.

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 97: Stop! Asbestos!� No. 73: What’s Your Body Worth? Compensation� No. 71: DIY Workers’ Health Studies� No. 61: Body Mapping: Body of Evidence� No. 54: Cancer and Occupation

� No. 53: Toxics Use Reduction� No. 50: Asbestos Campaign Guide� No. 31: Substitution of Hazardous Substances� No. 6: Asbestos Factsheet� No. 4: Construction Health Hazards� No. 3: Chest X-Rays£1.50 each for union subscribers. £6 for non-subscribers.

Hazards magazine website Excellent news and resources on the Hazards webresource page at www.hazards.org

HSE asbestos websiteThe HSE has a specific web page which drawstogether HSE information on asbestos into one placeat www.hse.gov.uk/asbestos/index.htm

HSE priced and free publications on asbestos� For all the latest documents containing generalstandards and guidance on asbestos, go to the HSEweb page: www.hse.gov.uk/asbestos/information.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

Labour Research Department (see Section 6.2 forcontact details)� Tackling Asbestos at Work. £4.90

London Hazards Centre (see Section 6.2 for contactdetails)� The Asbestos Hazards Handbookwww.lhc.org.uk/members/pubs/books/asbestos/asb_toc.htm� Asbestos Diseaseswww.lhc.org.uk/members/pubs/factsht/81fact.htm� Asbestos in the Home Part 1www.lhc.org.uk/members/pubs/factsht/56fact.htm� Asbestos in the Home Part 2www.lhc.org.uk/members/pubs/factsht/57fact.htm� Management of Asbestos in Non-DomesticPremiseswww.lhc.org.uk/members/pubs/factsht/77fact.htm

TUC (see Section 6.1 for contact details)� The TUC asbestos web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=262� TUC and HSE have produced The Control ofAsbestos Regulations 2006 – A Guide for SafetyRepresentativeswww.tuc.org.uk/extras/asbestosguide.pdf � Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

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Trade union information� Many unions provide guidance on asbestos. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm.� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm

� Contact your union, or visit your union’s websiteto find out if it produces any guidance. For example,Unite produces resources on asbestos at:www.unitetheunion.com/member_services/health_and_safety/health_and_safety_resources/asbestos.aspx

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SECTION 4 CHAPTER 18 – ASTHMA

HAZARDS AT WORK 91

BASIC FACTS ABOUT ASTHMAAsthma is a condition in which inflammation ofthe lining of the small airways of the lung, togetherwith spasms of the muscles around the airways,cause these airways to narrow and reduce airflowboth into and out of the lungs. This produceswheezing, shortness of breath, chest tightness andcoughing. Most people with asthma have periodicattacks of symptoms separated by symptom-freeperiods.

Occupational asthma is caused by workersbreathing in substances (chemical or biological) atwork, which produce a biological change in theairways (known as the hypersensitive state). Thesymptoms include attacks of wheezing, coughing orshortness of breath. Once the hypersensitive statehas been induced, further exposure to the substance,even relatively low levels, may provoke an asthmaattack. Asthma symptoms can develop immediatelyor several hours after exposure. The symptoms areoften most severe in the evening or during the night,so workers may not realise that it is work that iscausing the problems.

If exposure continues, symptoms are likely tobecome increasingly severe. Once asthma isestablished, other things such as tobacco smoke,cold air and exercise may trigger attacks. Suchattacks may continue for years after exposure tothe substance which caused the hypersensitive statehas ended.

A respiratory sensitiser (or asthmagen) is asubstance causing asthma which when breathed incan initiate an irreversible allergic reaction in therespiratory system. The HSC’s Advisory Committeeon Toxic Substances considers the substances listedopposite to be respiratory sensitisers and should belabelled with the Risk Phrase R42.

The TUC believes that in order to achieve a majorreduction in occupational asthma, there has to be asubstantial decrease in exposure to the main causesof the disease. Listed overleaf are the top eightsubstances that can cause occupational asthma,based upon the HSE-funded Surveillance of Work-Related Occupational Respiratory Disease(SWORD) scheme (now called the OccupationalDisease Intelligence Network), and actual reports tochest physicians.

� � �

List of substances that can cause occupationalasthma Alpha amylasesAzodicarbonamideBromelainsCarmineCastor bean dustCephalosporinsChloramine-TChloroplatinates and other halogenoplatinatesChromium (VI) compoundsCobalt (metal and compounds)Cockroach materialCoffee bean dust Cow epithelium/urineCrustacean proteinsDiazonium saltsEgg proteinsEthylenediamineFish proteinsFlour dustGlutaraldehydeSome hardwood dustsHennaIsocyanatesIspagulaLaboratory animal excreta/secretaLatexMaleic anhydrideMethyltetrahydrophthalic anhydrideNickel sulphateOpiatesPapainPenicillinsPesulphatesPhthalic anhydridePiperazinePsylliumSome reactive dyesRosin-based solder flux fumeSome softwood dustsSoybean dustSpiramycinStorage mitesSubtilisinsTetrachlorophthalic anhydrideTrimellitic anhydrideFrom Section C of the HSE AsthmagenCompendium

Asthma18

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Work-related (aggravated) asthmaIt is important to distinguish the substances thatinduce or initiate occupational asthma from thosethat only incite or provoke attacks in individualswith pre-existing asthma. Respiratory irritants inthe workplace may provoke attacks in those withoccupational asthma or pre-existing asthma ofnon-occupational origin. In this case, theindividual does not become sensitised to thatspecific agent. However, the attack of asthma is stillwork-related.

How many workers get occupational asthma?In 2000 the HSE estimated that between 1,500 and3,000 people develop occupational asthma everyyear, rising to 7,000 cases a year if you includeasthma made worse by work. More recent figuresfrom the HSE indicate that the number of cases hasfallen in recent years, but occupational asthmaremains a major concern.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations applyto asthma. General duties can be found in thefollowing chapters of this book:


The top eight causes of occupational asthmaand main occupations exposed � Isocyanates – spray painters, other metal or electricalprocessors, makers or repairers (mainly vehiclemanufacture and mechanics), plastics workers� Flour and grain – bakers, other food processors, farmersor farm workers� Wood dust – wood workers� Glutaraldehyde – nurses, other non-metal or electricalprocessors (mainly darkroom technicians), otherprofessional clerical and service occupations (mainlyradiographers)� Solder/colophony – welders, solderers or electronicassemblers, other metal or electrical processors, makers orrepairers� Laboratory animals – laboratory technicians,scientists and assistants, other professional, clerical andservice occupations (mainly medical/pharmacologicalresearch)� Resins and glues – metal and electrical processors,makers and repairers, construction and mining, other non-metal or electrical processors, makers or repairers,chemical processors � Latex – nurses and auxiliaries, laboratory technicians

� Health and Safety at Work, etc. Act 1974 –Chapter 12



CONTROL OF SUBSTANCES HAZARDOUS TOHEALTH REGULATIONS 2002

The Control of Substances Hazardous to HealthRegulations 2002 as amended (see Chapter 21below for details) spell out what employers mustdo to reduce the risk from hazardous substances,including those that can cause asthma. There isalso an Approved Code of Practice (ACoP) oncontrolling substances that can causeoccupational asthma. COSHH sets out basicprinciples of good practice that employersshould follow to ensure protection:

� assess the risks

� decide what precautions are needed

� prevent or adequately control exposure (ideallythrough removing the substance and substitutinganother less hazardous instead, and if that is notpossible then reducing it to as low a level as possibleand preventing any exposure through enclosing theprocess… ventilation or extractor fans)

� ensure control measures are used andmaintained

� monitor the exposure regularly

� carry out appropriate health surveillance

� prepare plans and procedures to deal withaccidents, incidents and emergencies

� ensure employees are properly informed of therelevant risks, trained and supervised

Employers need to bear in mind that substancesthat can cause occupational asthma are often verydifferent from other hazardous substances. This isbecause the amount of a substance that is needed toproduce sensitivity and lead to asthma variesconsiderably between individuals. Once a persondevelops hypersensitivity as a result of exposure toa substance that causes asthma it is irreversible. Ifpeople are removed from exposure to the substanceas soon as they start to develop symptoms, they arelikely to make a complete recovery.

It is extremely important that employees areinformed of both the symptoms and the risks ofasthma and asked to report any symptomsimmediately.

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WHAT CAN SAFETY REPRESENTATIVESDO?Asthma is a preventable disease but promptdiagnosis and treatment are crucial. Workers shouldnot be exposed to any substance that can cause ortrigger occupational asthma. Safety representativescan get information on the substances that can causeoccupational asthma on the HSE website atwww.hse.gov.uk\asthma. In addition the list ofsubstances with exposure limits can also be found onthe main HSE website.

Involving membersSafety representatives can involve members by:

� giving the facts about asthma

COMPENSATION

If an employee does develop asthma or has apre-existing condition worsened, as a result ofexposure in the workplace, then the employermay be liable for compensation. Occupationalasthma is also a recognised industrial disease forindustrial injuries benefit purposes.

DISABILITY DISCRIMINATION ACT 1995

Any person who develops asthma may be coveredby the Disability Discrimination Act. The employerwould then be required to make suitable adaptationsto ensure the person is kept working withoutbeing exposed to any substance that may triggeran attack. This will normally mean removing theperson exposed from the substance that is causingthe asthma attacks. Ideally that should be done bylooking at substitutes or redesigning the job.However, in some circumstances unions will wantto negotiate redeployment to a similar job wherethere is no possibility of exposure.

Safety representatives have to be aware that if aperson has developed asthma then simplymoving them to another job will not protectother workers who may also be exposed.

REPORTING OF INJURIES, DISEASES ANDDANGEROUS OCCURRENCES REGULATIONS1995

Under the Reporting of Injuries, Diseases andDangerous Occurrences Regulations 1995(RIDDOR), employers are required to reportcases of occupational asthma to the HSE’sIncident Contact Centre (see Chapter 49 belowfor full details).

� discussing whether management plans for dealingwith the issue are adequate

� providing an opportunity for them to express/register their concerns – by holding meetings,conducting surveys and using body mapping and riskmapping techniques

� inspecting the workplace regularly

� encouraging them to report symptoms of asthma

Safety representatives should report their concernsand those of their members to management inwriting. Use Chapter 7 above for ideas on how youcan make sure that management gets things done.

Risk assessmentsSafety representatives should ask for copies of therisk assessments that the employer has done toensure that they are preventing exposure toworkplace asthma, and make sure that theiremployer is notifying them of any cases of suspectedoccupational asthma and work-related asthmawithin the workplace. Where control measures are inplace then safety representatives can check that theyare being adhered to and maintained and also thatthey are being effective in preventing asthma.

Training and informationSafety representatives should also make sure that,where there is any potential asthma risk, theiremployer has given all their workforce appropriatetraining and information on both the symptoms ofasthma and how to avoid it. In addition a system ofhealth surveillance should be in place wherever thereis an asthma risk.


Asthma UK� News and resources on asthma on the AsthmaUK web resource page www.asthma.org.uk/� To find out more about Asthma UK, telephone020 7786 5000 or e-mail [email protected]� If you have a query about asthma, telephone08457 010203

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 61: Body Mapping: Body of Evidence� No. 53: Toxics Use Reduction� No. 40: Multiple Chemical Sensitivity� No. 39: Asthma and Work£1.50 each for union subscribers. £6 for non-subscribers

Further Information continues after the checklist on the next page

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HAZARDS AT WORK94

Checklist

Union action on asthma

Use this checklist for ideas about problems to tackle, stepsthe union should take and what your employer should bedoing.

Union organisation

� Can safety representatives get time off to go on a TUCCOSHH and Asthma ACoP course?

� Are safety representatives using their rights under theSafety Representatives and Safety CommitteesRegulations?

� Have safety representatives met together to discuss anasthma strategy and priorities?

� Are members involved in discussions about tacklingoccupational and work-related asthma?

Getting information on substances and processes

� Are unions consulted and informed prior to newsubstances being introduced?

� Is management passing on information aboutsubstances?

� Is this information kept up to date?

� Are there reliable safety data sheets on all hazardoussubstances used at work?

� Does management actively consider occupational orwork-related asthma in its safety policy and riskassessments?

Negotiations and consultation procedures

� Does the employer keep safety representatives informedand consult them about their strategy for preventingasthma?

� Has the employer discussed plans to review riskassessments in the light of COSHH and the AsthmaACoP?

� Have dates, priorities and targets been agreed?

� Is progress monitored through a joint safetycommittee?

Assessing the risks

� Has a risk assessment been carried out for substanceswith the potential to cause asthma or make pre-existingasthma worse?

� Have the workers who might be harmed been identified?

� Are some more at risk than others?

� Have routine and non-routine activities been considered?

� What concentrations of the substance are workersexposed to, for how long and how often?

� Is the employer protecting the health of workers whohave developed occupational asthma, even though theymay develop symptoms at very low levels of exposure?

� Have the risks been evaluated and decisions taken uponwhether existing precautions are adequate, or if moreshould be done?

� Have the findings been recorded?

� Has the assessment been reviewed and revised wherenecessary?

� Has the risk assessment been reviewed in the light ofCOSHH and the Asthma ACoP?

� Does the employer have procedures to respond toconfirmed or suspected cases of asthma which may beoccupational/work-related?

Prevention or control

� Has the employer taken steps to prevent exposure to thesubstance with the potential to cause asthma or makepre-existing asthma worse?

� Has the employer considered substituting the substancewith a less harmful one?

� Can the work be segregated or the process enclosed?

� Can the work be partially enclosed with local exhaustventilation?

� Is respiratory protective equipment (RPE) used only as alast resort?

� Is RPE suitable and of the appropriate standard?

� If there is an occupational exposure standard, areexposures below the standard?

� If there is a maximum exposure limit, are exposuresreduced so far as is reasonably practicable below thatlimit?

� Has the employer considered the potential for short-termpeaks of exposure as well as the longer-term timeweighted averages?

� Are levels well below any maximum exposure limit whereindividuals have developed occupational asthma?

� Has the employer ensured that control measures areused, maintained in efficient working order and in goodrepair?



HAZARDS AT WORK 95

Hazards magazine websiteExcellent news and resources on the Hazards webresource page at www.hazards.org

HSE asthma websiteThe HSE has a specific web page which drawstogether HSE information on asthma into one placeat www.hse.gov.uk/asthma/index.htm

HSE priced and free publications on asthma� For all the latest documents containing generalstandards and guidance on asthma, go to the HSEweb page:www.hse.gov.uk/asthma/furtherreading.htm#general� For substance-specific information on asthma, goto the HSE web page:www.hse.gov.uk/asthma/furtherreading.htm� Approved Code of Practice (ACoP) on the controlof substances that cause occupational asthma. Go tothe HSE web page:www.hse.gov.uk/asthma/acop.htm� Section C Asthmagen Compendiumwww.hse.gov.uk/asthma/asthmagen.pdf� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

Labour Research Department (see Section 6.2 forcontact details)� Hazardous Substances at Work – a SafetyRepresentative’s Guide. £4.25

Latex Aware – latex allergy support group� News and resources on asthma on the LatexAware web resource page www.lasg.co.uk/

� To find out more about Latex Aware, contact itsHelpline 07071 225838 or [email protected] or write to PO Box 27,Filey YO14 9YH

London Hazards Centre (see Section 6.2 for contactdetails)� Chemical Hazards Handbook.www.lhc.org.uk/members/pubs/books/chem/chAAAAAA.htm

TUC (see Section 6.1 for contact details)� The TUC asthma web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=363� Occupational Asthma – TUC/HSE/BritishOccupational Health Research Foundation atwww.bohrf.org.uk/downloads/asthwork.pdf� Essential information for safety representatives.Keep up-to-date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on asthma. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm.� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union, or visit your union’s website,to find out if it produces any guidance. For example,UNISON has produced an asthma information sheetfor members atwww.unison.org.uk/acrobat/B995.pdf

Health surveillance

� Are workers under health surveillance where they are exposedor liable to be exposed to substances with the potential tocause asthma or make pre-existing asthma worse?

Information, instruction and trainingAre workers adequately informed and trained about:

� asthma symptoms?

� substances with the potential to cause asthma or makepre-existing asthma worse?

� procedures for reporting symptoms?

� the precautions introduced by the risk assessment?


SECTION 4 CHAPTER 19 – BIOLOGICAL HAZARDS

HAZARDS AT WORK

BASIC FACTS ABOUT BIOLOGICALHAZARDSBiological hazards encompass anything of abiological nature having the potential to cause harmto human beings. These include viruses and bacteriawhich can cause infection and disease, dangerousplants and animals (for example parasites or insects),or harmful by-products of living things. Biologicalagents are defined in the Control of SubstancesHazardous to Health Regulations 2002 as amended(see opposite).

In some cases there are infectious organisms whichare innately part of the job exposure (such as thosefound in health care work in hospitals and thecommunity), or are incidentally part of job exposuresuch as those found in sewer work or agriculture.There are also micro-organisms which have beendeliberately genetically altered for use in industrialprocesses. Some workers are exposed to plants whichcan cause health problems, or substances ofbiological origin such as wood dusts, juices fromplants, or dust generated in the handling offoodstuffs. In many cases exposure can produceallergic responses such as occupational asthma.

Apart from those who intentionally work withmicro-organisms in a laboratory-type setting, thereare many occupations where there will be an elementof incidental exposure to micro-organisms as a resultof the kind of work that is carried out. Thisincidental exposure could be because the hazard,that is, the micro-organism, is present on or withinthe materials, substances, animals or people that arebeing handled. For example, handling wastecontaminated with human/animal waste or workingwith equipment or in an environment that iscontaminated, such as sewers.

Below is a list of occupations where there may bea risk of infection – giving an indication of the rangeof jobs where biological hazards should beconsidered.

The HSE no longer collects data on work-relatedinfections because of the difficulties in establishing adirect causal relationship between exposure at workand the development of an infection. The HSE alsobelieved the figures they had underestimated thescale of the problem. The last year of data collectionwas 2006, where 1,576 cases were recorded. Thevast majority were diarrhoeal diseases and thevictims mostly care assistants and home carers. TheTUC shared the HSE’s concern about under-recording in the official statistics.

Diseases from micro-organisms include hepatitis,TB, HIV, anthrax, Lyme disease, Q fever,salmonellosis, leptospirosis and tetanus.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROL A considerable number of laws and regulationsapply to biological hazards. General duties can befound in the following chapters of Hazards atWork:




� The Personal Protective Equipment at WorkRegulations 1992 – Chapter 36

� The Reporting of Injuries, Diseases andDangerous Occurrences Regulations 1995 –Chapter 49

Specific standards relating to biological hazards areexplained in more detail below.

Occupations with a risk of infectionAbattoir workers, acupuncturists, ancillary healthcareworkers (such as cleaners, porters), animal rescue workers,beauticians, butchers, care workers, chiropodists, cleaners(such as public transport, parks, streets, public toilets),custodial work (for example, police, prison officers),dentists/dental nurses, ditch clearers, doctors, ear andbody piercers, electricians visiting people’s homes,embalmers, emergency service workers, farmworkers,foresters, grave diggers, grooms, groundspersons,hairdressers, heating and ventilation engineers,kennel/cattery workers, laundry workers, local authorityservices (such as pest control, gardeners, park keepers),metalworking, motor vehicle repairers, nurses, plasticsinjection moulding workers, plumbers, post mortemtechnicians, poultry processors, refuse collectors, sewageworkers, slurry spreaders, social workers, tattooists,undertakers, veterinary workers, water sports teachers,zookeepers.

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HAZARDS AT WORK

Advisory Committee on Dangerous Pathogens(ACDP) advice on infection The principles to be followed by employers inrespect of infection are well summarised in theACDP publication Infection at Work: Controllingthe Risks. The steps outlined below are based upon,or are extracts from, this guidance.

Employers should start by identifying the hazard.There are four main sources of infection that need tobe considered:

� blood and other body fluids (for example, saliva)and sources of blood/body fluids such as humanbodies, animal carcases and raw meat

CONTROL OF SUBSTANCES HAZARDOUS TOHEALTH REGULATIONS 2002 (AS AMENDED)

A summary of the Control of SubstancesHazardous to Health Regulations 2002 (COSHH)(as amended) is provided in Chapter 21 of thisbook. The Regulations apply to biological agents,and reference should be made to the COSHHgeneral principles of prevention and control.Micro-organisms are covered in COSHH by theterm biological agents. These are defined as anymicro-organism, cell culture, prion or humanendoparasite whether or not genetically modifiedwhich may cause infection, allergy, toxicity orotherwise create a hazard to human health.

But there are also additional requirements forwork with micro-organisms, in laboratories,animal rooms and industrial processes,contained in Schedule 3 of the main regulations.COSHH also refers to the Approved List ofbiological agents. The list classifies biologicalagents into one of four hazard groups (withHG4 being the most hazardous, including, forinstance, the Ebola virus) according to the riskof infection to a healthy worker. This providesthe basis for laboratory work with theorganisms by indicating what kind ofcontainment and control measures should be inplace in the laboratory. The list may also helpother non-laboratory occupations in assessingrisks by indicating the severity of diseaseassociated with a particular biological agent.This TUC book deals with the risks of infectionat work, but is not aimed at deliberate workwith micro-organisms, such as in laboratories.Those requiring more information should referto Schedule 3 and Appendix 2 of COSHH 2002,which lay down specific standards regardingbiological agents.

The general requirements of COSHH, that isrisk assessment and prevention or control ofexposure, will apply to most workplaces.

� human or animal waste products such as faeces,urine and vomit

� respiratory discharges such as coughs and sneezes

� skin – direct contact

Infection at work can occur via:

� putting contaminated hands and fingers (or pens,etc.) into the mouth, nose or eyes

� breathing in infectious aerosols/droplets from theair, for example, coughs and sneezes, contaminateddust or spray from a cooling tower

� splashes of blood and other body fluids into theeye and other mucous membranes, such as the noseand mouth

� broken skin if it comes into contact with themicro-organism (or something contaminated bymicro-organisms)

� a skin-penetrating injury, for example, via acontaminated needle or other sharp object, orthrough a bite by an infected animal or insect

Infection can be transmitted person to person, oranimal to person (diseases called zoonoses).

Employers then need to assess the risks. Employersshould work through the questions in the tablebelow, identifying which sources of infection arepresent and how likely it is that infection will result.If there is a risk, then the employer will need todecide whether existing controls are sufficient orwhether more needs to be done.

When employers have assessed the risks, they haveto prevent or control the risks. Employers can preventworkers being exposed to a source of infection by:

� changing the way work is done so that thejob/task/equipment is not needed any more

� modifying the work to cut out hazardousby-products or waste

If exposure cannot be prevented, then COSHHrequires adequate control to a level that will notharm people’s health. As there are no exposure limitsfor micro-organisms, control measures need to takeaccount of the fact that:

� micro-organisms can grow and multiply

� infection can be caused by exposure to only a fewmicro-organisms

The two main approaches to be used for the controlof infection are:

� for work with people or animals, the basiccontrol principles of good occupational hygiene, plussupplementary controls where necessary

� the principles of good environmental hygiene anddesign to stop or limit the growth of micro-organisms in the workplace

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HAZARDS AT WORK98

TABLE 1: IDENTIFYING THE HAZARDS (SOURCES OF INFECTION)Extract from Advisory Committee on Dangerous Pathogens publication Infection at Work: Controlling the Risks

If your employees come into direct contact Source of infection Example occupationswith people, do they….?

Have direct physical contact?Do they provide assistance with personal tasks, Direct skin contact, infectious Nurses, care workers in nursingsuch as, washing, dressing, feeding? aerosols, body fluids, human homes, undertakers

waste

Do they work with those whose behaviour could be Body fluids, blood Doctors, nurses, social work,unpredictable – spitting, biting, scratching? custodial work – police, prison

officers

Have contact with waste?Is there direct contact with human waste or things Human waste Nurses, ancillary healthcare workerscontaminated by it, for example, soiled laundry, clothing? such as cleaners, porters, emergency

service workers, care workers, laundryworkers, refuse collectors

Is there contact with things contaminated by blood, for Blood Doctors, nurses, dentists, ancillaryexample, used dressings? healthcare workers such as cleaners,

porters, emergency service workers,care workers, laundry workers,refuse collectors

Carry out activities involving cutting or piercing of skin?Is this intentional? Blood Doctors, nurses, dentists, emergency

service workers, post mortemtechnicians, embalmers, tattooists,acupuncturists, ear and body piercers

Is this unintentional? Blood Hairdressers, beauticians,chiropodists, undertakers

If your employees come into direct contact Source of infection Example occupationswith animals, do they….?

Have direct physical contact?Do they carry out animal husbandry tasks such as Direct skin contact, infectious Farmworkers, farmers, veterinaryfeeding, grooming, mucking out? aerosols, body fluids, animal workers, kennel/cattery workers,

waste grooms, animal rescue workers,zookeepers

Have contact with waste?Is there direct contact with animal waste or things Animal waste Farmers, veterinary workers, kennel/contaminated with excreta, for example, bedding, cattery workers, grooms, animalraw meat? rescue workers, zookeepers, abattoir

workers, poultry processors, slurryspreaders

Is there contact with things contaminated by blood, for Blood Farmers, veterinary workers, abattoirexample, used dressings, raw meat? workers, poultry processors, butchers

Carry out activities involving cutting or piercing of skin?Intentional? Blood Veterinary workers, abattoir workers,

poultry processors, butchers

Unintentional? Blood Farmers, grooms, veterinary workers



HAZARDS AT WORK 99

Does the work activity involve….? Source of infection Example occupations

Coming into contact with contaminated sharp objects?Is there contact with needles, broken glass etc.? Blood Care workers, refuse collectors, motor

vehicle repairers, cleaners (publictransport, parks, street)

Working in an area contaminated with human waste?Is there direct contact? Human waste Sewage workers, plumbers, drain

cleaners

Do they carry out activities which could create sprays or Infectious aerosols Sewage workers, cleaners of publicdust, for example, water jetting/hosing, sweeping? toilets

Working in an area contaminated with animal waste?Do they come into direct contact? Animal waste Water sports teachers, ditch clearers,

foresters, park keepers, pest control,gardeners

Do they carry out activities which could create sprays or Infectious aerosols Local authority environmentaldust, for example, water jetting/hosing, sweeping? health services such as pest control

Direct contact with? Naturally occurringmicro-organisms:

Soil? • That cause tetanus Grave diggers, ditch clearers,gardeners

Water in the form of a spray? • That cause legionellosis Metalworking, plastic injectionmoulding workers, heating andventilation engineers, plumbers

Hay or straw? • That cause apergilliosis Grooms, farmers

ACDP advice on good occupational hygieneBasic controls� Wash hands (and arms if necessary) before eating,drinking, smoking, using the telephone, takingmedication, applying make-up, inserting or removingcontact lenses.

� Cover all new and existing cuts and grazes withwaterproof dressings and/or gloves before starting work.If cuts and grazes occur, wash immediately with soapand running water and apply a waterproof dressing.

� Take rest breaks and meal breaks away from themain work area.

� Wear appropriate protective clothing to stoppersonal contamination, for example,waterproof/water-resistant protective clothing, plasticaprons, gloves, rubber boots/disposable overshoes.Ensure its safe disposal and cleaning.

� Avoid hand–mouth or hand–eye contact – do notput pencils or pens in the mouth.

� Dispose of all contaminated waste safely.

Supplementary controls� If the work activity could result in a skinpiercing/cutting injury, the risk of puncture wounds,

cuts or grazes should be controlled by avoiding the useof sharp objects, for example, needles, glass, metal,knives, etc. If this is not possible, safe working practicesfor handling and disposal of sharps should be used andappropriate protective equipment provided.

� If the work activity could result in the splashing ofany body fluid, the eyes and mouth should be protectedwith a visor or goggles/safety glasses and a mask.

� If work activity could generate aerosols of eitherdust or liquid, steps should be taken to avoid theirgeneration by altering the work activity – for example,by using a vacuum rather than a brush to clean adusty workplace; or containing the work activity, forexample, using drift eliminators in cooling towers toreduce the release of water droplets from the tower.

If this is not possible, appropriate respiratoryprotective equipment should be used.

Good environmental hygiene and design� Use equipment that is easy to clean and decontaminate.

� Clean all work surfaces/work areas regularly.

� Ensure where possible that the workplace and itsservices, for example, water systems and airconditioning systems, are designed to be safe to useand easy to clean and decontaminate.



HAZARDS AT WORK

� Treat water systems, to either kill or limit micro-organisms’ ability to grow.

� Control pests, for example rats and insects,within the workplace.

The full ACDP guide Infection at Work: Controlling theRisks can be found at: www.hse.gov.uk/pubns/infection.pdf

GENETICALLY MODIFIED ORGANISMS(CONTAINED USE) REGULATIONS 2000 (ASAMENDED BY THE GENETICALLY MODIFIEDORGANISMS (CONTAINED USE) (AMENDMENT)REGULATIONS 2002 AND 2005)

The Regulations provide for human health and safetyand environmental protection from geneticallymodified micro-organisms in contained use, andadditionally the human health and safety fromgenetically modified plants and animals (GMOs). Thekey requirement of the GMO (CU) Regulations is toassess the risks of all activities and to make sure thatany necessary controls are put in place. The GMO(CU) Regulations provide a framework for makingthese judgements, and place clear legal obligations onpeople who work with GMOs.

The GMO (CU) Regulations 2000:

� require risk assessment of activities involvinggenetically modified micro-organisms and activitiesinvolving organisms other than micro-organisms. Allactivities must be assessed for risk to humans andthose involving genetically modified micro-organismsassessed for risk to the environment

� introduce a classification system based on therisk of the activity independent of the purpose ofthe activity. The classification is based on the fourlevels of containment for microbial laboratories

� require notification of all premises to the HSEbefore they are used for genetic modificationactivities for the first time

� require notification of individual activities of Class2 (low risk) to Class 4 (high risk) to be notified tothe Competent Authority (which the HSEadministers). Consents are issued for all Class 3(medium risk) and Class 4 (high risk) activities. Class1 (no or negligible risk) activities are non-notifiable,although they are open to scrutiny by the HSE'sspecialist inspectors who enforce the Regulations.Activities involving GM animals and plants whichare more hazardous to humans than the parentalnon-modified organism also require notification

� require fees payable for the notification ofpremises for first-time use, Class 2, 3 and 4activities notifications, and notified activitiesinvolving GM animals and plants

� require the maintenance of a public register ofGM premises and certain activities

WHAT CAN SAFETY REPRESENTATIVESDO?Infections from biological hazards are preventable,but prompt diagnosis and treatment are crucial.Workers should not be exposed to any micro-organism that can cause or trigger infections andsafety representatives can get more information onbiological hazards on the HSE website atwww.hse.gov.uk/biosafety/index.htm

Involving membersSafety representatives can involve members by:

� giving them the facts about biological hazards

� discussing whether management plans for dealingwith the issue are adequate


Under the Reporting of Injuries, Diseases andDangerous Occurrences Regulations 1995(RIDDOR), employers are required to report tothe HSE’s Incident Contact Centre (see Chapter49 below for full details):

� the death of any person as a result of exposureto biological hazards arising out of or inconnection with work

� any acute illness requiring medical treatmentwhere there is reason to believe that this resultedfrom exposure to a biological agent or its toxinsor infected material

� any accident or incident which resulted orcould have resulted in the release or escape of abiological agent likely to cause severe humaninfection or illness

� anthrax, brucellosis, avian chlamydiosis, ovinechlamydiosis, hepatitis, legionellosis,leptospirosis, lyme disease, Q fever, rabies,streptococcus suis, tetanus, tuberculosiscontracted as a result of specified work activities

� infection reliably attributable to work withmicro-organisms; work with live or dead humanbeings in the course of providing any treatmentor service or in conducting any investigationinvolving exposure to blood or body fluids;work with animals or any potentially infectedmaterial derived from any of the above

� extrinsic alveolitis (including farmer’s lung)caused by exposure to moulds, fungi orheterologous proteins during specified workactivities

100



HAZARDS AT WORK

� providing an opportunity for them toexpress/register their concerns – by holding meetings,conducting surveys and using body mapping and riskmapping techniques


� encouraging them to report any exposure orsymptoms


Risk assessmentsSafety representatives should ask for copies of therisk assessments that the employer has done to

ensure that they are preventing exposure tobiological hazards, and make sure that theiremployer is notifying them of any cases of suspectedinfections within the workplace. Where controlmeasures are in place then safety representatives cancheck that they are being adhered to and maintainedand also that they are effective in preventinginfections from biological hazards.

Training and informationSafety representatives should also make sure that,where there is any potential risk, their employer hasgiven all their workforce appropriate training andinformation on both the symptoms of infections frombiological hazards and how to avoid them. In additiona system of health surveillance should be in place.

101

Checklist

Union action on biological hazards

Use this checklist for ideas about problems to tackle, steps theunion should take and what your employer should be doing.

Getting information on substances and processes

� Is management passing on information about biologicalhazards?


� Does management actively consider biological hazards inits safety policy and risk assessments?

Negotiations and consultation procedures

� Does the employer keep safety representatives informedand consult with them about its strategy for infectionsfrom biological hazards?

� Does the employer discuss plans to review riskassessments in the light of amendments to COSHH?


� Is progress monitored through a joint safety committee?

Assessing the risks

� Has a risk assessment been carried out for micro-organisms with the potential to cause infections?

� Have the workers who might be harmed been identified?

� Are some more at risk than others?

� Have the risks been evaluated and decisions taken uponwhether existing precautions are adequate, or if moreshould be done?

� Have the findings been recorded?

� Has the assessment been reviewed and revised wherenecessary?

� Has the risk assessment been reviewed in the light ofCOSHH 2002?

� Does the employer have procedures to respond toconfirmed or suspected cases of infections which may beoccupational/work-related?

Prevention or control

� Has the employer taken steps to prevent exposure tomicro-organisms with the potential to causeinfections?

� Has the employer instituted good occupationalhygiene standards if prevention from exposure is notpossible?

� Has the employer ensured that control measures andhygiene standards are used?

Health surveillance

� Are workers under health surveillance where theyare exposed or liable to be exposed to biologicalhazards?

Information, instruction and training. Are workers adequatelyinformed and trained about:

� micro-organisms and symptoms of infection?

� procedures for reporting symptoms?

� the precautions introduced by the risk assessment?



HAZARDS AT WORK


Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 71: DIY Workers’ Health Studies� No. 61: Body Mapping: Body of Evidence� No. 32: Biological Monitoring� No. 30: Sick Building Syndrome£1.50 each for union subscribers. £6 for non-subscribers

Hazards magazine website � Excellent news and resources on the Hazards webresource page at: www.hazards.org� Trade union resources on needlestick injuries at:www.hazards.org/needlesticks/� Trade union resources on anthrax and smallpox at:www.hazards.org/anthrax.htm

HSE biological agents websiteThe HSE has a specific web page which drawstogether HSE information on biological agents andinfections in one place atwww.hse.gov.uk/biosafety/infection.htm

HSE genetically modified organisms websiteThe HSE has a specific web page which drawstogether HSE information on the contained use ofGMOs in one place atwww.hse.gov.uk/biosafety/gmo/index.htm

HSE priced and free publications on biological agentsand GMOs� For all the latest documents containing generalstandards and guidance on biological agents, go tothe HSE web page:www.hse.gov.uk/biosafety/information.htm� For all the latest documents containing generalstandards and guidance on GMOs, go to the HSEweb page: www.hse.gov.uk/biosafety/gmo/information.htm� Alternatively, obtain a free copy of the latest HSE

Books catalogue, CAT 34, by telephoning 01787881165

Labour Research Department (see Section 6.2 forcontact details)� Hazardous Substances at Work – a SafetyRepresentative’s Guide £4.25

London Hazards Centre factsheets (see Section 6.2 forcontact details)� Clinical Wastewww.lhc.org.uk/members/pubs/factsht/75fact.pdf� Infectious Diseases in the Workplacewww.lhc.org.uk/members/pubs/factsht/85fact.htm� Sharpswww.lhc.org.uk/members/pubs/factsht/73fact.pdf� Sick Building Syndromewww.lhc.org.uk/members/pubs/books/sbs/sb_toc.htm

TUC (see Section 6.1 for contact details)� The TUC biological hazards web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=329� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on biologicalhazards. The website addresses of all trade unionsare on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm.� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union, or visit your union’s websiteto find out if it produces any guidance. For example,UNISON produce booklets on HIV/AIDS formembers and reps atwww.unison.org.uk/acrobat/14541.pdf and Cleaning upthe Act: Dealing with the problem of dog fouling atwww.unison.org.uk/acrobat/8430.pdf

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SECTION 4 CHAPTER 20 – BULLYING

HAZARDS AT WORK

BASIC FACTS ABOUT BULLYINGWorkplace bullying can be defined as offensive,intimidating, malicious, insulting or humiliatingbehaviour, abuse of power or authority whichattempts to undermine an individual or group ofemployees and which may cause them to sufferstress. According to the TUC guide Bullied at Work?bullying behaviour can include:

� competent staff being constantly criticised, havingresponsibilities removed or being given trivial tasksto do

� shouting at staff

� persistently picking on people in front of othersor in private

� blocking promotion

� regularly and deliberately ignoring or excludingindividuals from work activities

� setting a person up to fail by overloading themwith work or setting impossible deadlines

� consistently attacking a member of staff in termsof their professional or personal standing

� regularly making the same person the butt of jokes

The 2008 safety representatives survey found that onein five (20 per cent) of all safety representativesidentified bullying as a problem in their workplace; butin some sectors it was much higher. In education it wasthe fourth most common problem, with over a third(35 per cent) of representatives identifying it, while inthe voluntary sector this figure rose to 42 per cent. Andworkplace bullying is widespread, according to findingsfrom a survey in 2006 by the Chartered Institute ofPersonnel and Development (CIPD) in association withMORI and Kingston Business School. The surveyidentified that one fifth of all UK employees haveexperienced some form of bullying or harassment overthe last two years. The survey also reported that thegroups most likely to become victims of bullying andharassment are black and Asian employees, women andpeople with a disability. Nearly one third (29 per cent)of Asian employees or those from other ethnic groupsreport having experienced some form of bullying orharassment, compared with 18 per cent of whiteemployees. Employees with disabilities are at least twiceas likely to report having experienced one or moreforms of bullying and harassment (37 per cent),compared with non-disabled employees (18 per cent).

Effects of bullyingStress and ill-health can become part of the daily lifeof those being bullied.

Symptoms can include: anxiety, headaches,nausea, ulcers, sleeplessness, skin rashes, irritablebowel syndrome, high blood pressure, tearfulness,loss of self-confidence, various illnesses of the organsand thoughts of suicide.

Employers who fail to tackle bullying can pay ahigh price:

� in lost time – because staff are affected by stressand ill-health

� in lost incentive – because morale is low

� in reduced work output and quality of service

� in lost resources – because people who aretrained, and experienced, leave the organisation and

� in financial penalties and loss of reputation if acase goes to Employment Tribunal or to court

Earlier research has shown that few employers takeadequate steps to safeguard against bullying in theworkplace, leaving the causes of the bullyingunchallenged.

TUC general secretary Brendan Barber says:“Bullies in the workplace must not go unchallengedand should not be given free rein to intimidate andvictimise their colleagues. Every workplace shouldhave a policy which makes clear that intimidatingbehaviour towards colleagues will not be toleratedand that those who persist in undermining theirfellow members of staff will be dealt with severely.”

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere is no specific law dealing with bullying atwork. However, there are a number of laws thatapply to bullying at work:

� SRSC Regulations 1977 – see Chapter 3 above,with reference to safety representatives’ rights andconsultation

� Health and Safety at Work etc. Act 1974 – seeChapter 12 above, dealing with the general dutiesof employers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of employees, and thisincludes mental as well as physical health

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HSE management standards for work-relatedstressStress and ill-health can become part of the dailylife of those being bullied. The HSE hasintroduced management standards for work-relatedstress that are closely connected with the riskassessment process – see Chapter 39 below for fulldetails.

Advisory, Conciliation and Arbitration Service(ACAS) advice on bullying The five points below are an extract from the ACASadvice leaflet Bullying and Harassment at Work: Aguide for managers and employers outlining whatemployers should do about bullying and harassmentat work.

1. Employers should consider framing a formalpolicy. This need not be over-elaborate, especially forsmall firms, and might be included in otherpersonnel policies, but a checklist for a specificpolicy on bullying and harassment could include thefollowing:

THE MANAGEMENT OF HEALTH AND SAFETYAT WORK REGULATIONS 1999

Employers should conduct a risk assessment forworkplace bullying if there appears to be a riskto workers. The main causes must then betreated in the same way as any other workplacehazard by the implementation of protective andpreventive measures. Provisions in the 1999Regulations that are important for tacklingbullying include:

� making a suitable and sufficient assessment ofrisks

� identifying measures needed to comply withlegal requirements

� reviewing the risk assessment

� recording the assessment where there are fiveor more employees

� implementing preventive and protectivemeasures on the basis of:avoiding risks; evaluating the risks which cannotbe avoided; combating the risks at source;adapting the work to the individual; adapting totechnical progess; replacing the dangerous by thenon-dangerous or less dangerous; developing acoherent overall prevention policy which coverstechnology, organisation of work, workingconditions, social relationships and the influenceof factors relating to the working environment;giving collective protective measures priorityover individual protective measures; and givingappropriate instructions to employees

� statement of commitment from senior management

� acknowledgement that bullying and harassmentare problems for the organisation

� clear statement that bullying and harassment willnot be tolerated

� examples of unacceptable behaviour

� statement that bullying and harassment may betreated as disciplinary offences

� the steps the organisation takes to preventbullying and harassment

� responsibilities of supervisors and managers

� confidentiality for any complainant

� reference to grievance procedures (formal andinformal), including timescales for action

� investigation procedures, including timescales foraction

� reference to disciplinary procedures, includingtimescales for action, counselling and support availability

� training for managers

� protection from victimisation

� how the policy is to be implemented, reviewedand monitored

The statement of policy will gain additionalauthority if staff are involved in its development. Itshould be made clear that the policy applies to staffon and off the premises, including those workingaway from base. The policy should also make plainthat bullying or harassment of staff by visitors to theorganisation will not be tolerated.

All organisations, large and small, should havepolicies and procedures for dealing with grievanceand disciplinary matters. Staff should know to whomthey can turn if they have a work-related problem,and managers should be trained in all aspects of theorganisation’s policies in this sensitive area.

2. Set a good example. The behaviour of employersand senior managers is as important as any formalpolicy. Strong management can unfortunatelysometimes tip over into bullying behaviour. A culturewhere employees are consulted and problemsdiscussed is less likely to encourage bullying andharassment than one where there is an authoritarianmanagement style. The organisation must make itclear that bullying and harassment are unacceptable.

3. Maintain fair procedures for dealing promptlywith complaints from employees. Complaints ofbullying and harassment can usually be dealt withusing clear grievance and disciplinary procedures.Such procedures should have provision forconfidentiality, and for both the person making thecomplaint and the subject of the complaint to be

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accompanied by a fellow employee or trade unionrepresentative of their choice (see S10 of theEmployment Relations Act 1999).

4. Set standards of behaviour – an organisationalstatement to all staff about the standards of behaviourexpected can make it easier for all individuals to befully aware of their responsibilities to others. This mayinclude information about what constitutes bullyingand harassment. Many organisations find it helpful tosupplement basic information with guidance bookletsand training sessions or seminars. Training can alsoincrease everyone’s awareness of the damage bullyingand harassment does both to the organisation and tothe individual.

The staff handbook is also a good way ofcommunicating with employees, and can includespecific mention of the organisation’s views onbullying and harassment and their consequences.

5. Let employees know that complaints of bullyingand/or harassment, or information from staff relatingto such complaints, will be dealt with fairly andconfidentially and sensitively. Employees will bereluctant to come forward if they feel they may be

treated unsympathetically or are likely to beconfronted aggressively by the person whosebehaviour they are complaining about.

The full text of the ACAS advice leaflet Bullyingand Harassment at Work: A guide for managers andemployers can be found atwww.acas.org.uk/media/pdf/1/h/AL04_1.pdf

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle bullying in the workplace.

Membership awarenessUse posters and leaflets to bring up the issue of bullyingwith members, and take the opportunity of discussingbullying with them to see if they think that there are anyproblems. Safety representatives should report theirconcerns and those of their members to management inwriting. Use Chapter 7 above for ideas on how you canmake sure that management get things done.

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Checklist

What to do if you are being bullied (seewww.tuc.org.uk/tuc/rights_bullyatwork.cfm)

If you feel you are being singled out or bullied at work youshould not have to put up with it. There are steps you cantake.

� First, speak to the bully. A direct approach is usually thebest. Tell the person that you find their behaviourunacceptable and ask them to stop. This is sometimes allthat is needed. Bullies do not like being confronted,particularly by someone who is calm and civilised.

� The majority of bullying goes on behind closed doors. Sotell a friend or work colleague. You may well find out youare not the only one who has suffered. It is importantthat you do not try to cope on your own.

� If you are in a union and there is a union safetyrepresentative where you work, tell them what has beenhappening. This will be in confidence and does not meanthat a formal complaint will automatically be made. Asafety representative will do only what you want them toand will give you the advice and support you need. Theywill want to have the bullying stopped quietly andquickly and can go with you to speak to the bully, or seethem on your behalf. The safety representative will alsohelp you with a formal complaint, if it goes that far,giving advice and support throughout the procedure.

� If you are in a union but it is not recognised where youwork, call your local union office. The number will be onyour membership card or in the local telephone directory.You will still get the legal advice and support you need.

Where unions are not recognised, employers areobliged by law to consult the workforce on healthand safety issues either directly or through members ofstaff independently elected as Representatives ofEmployee Safety (ROES). Where they exist, you shouldconsult the ROES who is likely to be a union memberas well.

� If you are not already in a union, join one. You haveevery right to do so. You do not have to tell youremployers but if they find out, it is illegal for them tosack you or to cause you detriment. The union will listento you and ensure you have the best advice. The unioncan give you free legal advice, support you, put you intouch with support groups and approach the employeron your behalf.

� Keep a diary. This will give a vital record of the nature ofthe bullying and when it occurred. It will be importantwhen the bully is confronted. Many of the incidents mayappear trivial in isolation so it is important to establish apattern over a period of time.

� Tell your manager or supervisor. If it is one of them whois bullying you, go and tell their manager. Take your diarywith you to back up what you have to say. They may notbelieve you but you have at least told them there is abullying problem. The more people that know, the moredifficult it is for the bully to flourish.

� In the end you may have to make a formal complaint andgo through the grievance procedure. If you do take thisroute, never go to a meeting connected with thecomplaint without your union representative or a friendas a witness.



HAZARDS AT WORK

Surveys and inspectionsSafety representatives could conduct a survey to findout whether bullying is a problem in the workplace.This can be done on a confidential basis as somemembers may be reluctant to contribute otherwise.There is a sample USDAW survey below.

Safety representatives can use their routineinspections or undertake special inspections to speakto members about bullying at work.

Bullying policy and procedure

Safety representatives can urge their employer to haveprocedures in place to prevent bullying at work.Establish whether the employer already has a policyand procedure for tackling bullying at work. If not,take steps to negotiate a policy with management.

Commitments are required from employers whichshould include:

� recognition that bullying takes place and theseriousness of the issue

� a statement saying that bullying will not betolerated and a code of acceptable behaviour

� jointly agreed policy and procedures forinvestigating and dealing with bullying

� complaints to be taken seriously andconfidentiality assured

� provision of support to the victim

� access to trained and confidential counsellors

� training for all staff

� ensuring that all staff know what is considered tobe acceptable behaviour at work

CYBER-BULLYING: A 21ST CENTURYHAZARDWith the growth of online social networking sites,chat rooms, the everyday use of email, and mobilephone text and photo messaging, a 21st centuryhazard has arrived in the form of cyber-bullies.

Often reported in the press as an issue that moreusually affects children and young people, cyber-bulling is becoming a new health and safety hazardfor workers. School teachers and lecturers in furtherand higher education are finding themselves thetarget of current and past students spreadingmalicious and unfounded comments and allegations.Intranet sites are easy mediums for in-house bullyingin offices and call centres. The massive growth inemail as a management technique easilydepersonalises contact between manager and staffand can be a convenient shield for aggressive andinsensitive behaviour. The employer’s duty of care toensure that employees are working in a safeenvironment applies equally to cyber intimidation.

Victims of cyber bullying experience the samefeelings of fear, intimidation, stress and low moraleas those bullied face-to-face. A key difference is thatby using information systems to cause harm, thevictim has no control over who witnesses the abuse.

There is often a misconception that because cyber-bullies are able to target their victims anonymously,there is less chance to identify who the bully is. Thisis not usually true. Employers can take immediatesteps to have the offending material removed fromwebsites but making a request for information to beremoved is not enough. The employer should makesure that the offensive material has been removedand that the web pages have been ‘uncached’. Thiswill disable the web page from displaying theoffensive material and stop further users from usingsearch engines to locate the pages.

Under Section 1 of the Malicious CommunicationsAct 1998 it is an offence to send an indecent,offensive or threatening letter, electroniccommunication or other article to another personand under Section 43 of the Telecommunications Act1984 it is a similar offence to send a telephonemessage that is indecent, offensive or threatening.The Protection from Harassment Act 1997 alsoapplies. Cyber bullying should be treated as anyother form of bullying, requiring a risk assessmentand appropriate controls put in place. Cyber bullyingshould be included in any prevention of bullyingpolicy and procedures.

USDAW SURVEY ON BULLYING AT WORK Bullying means the misuse of power or position tointimidate or humiliate someone on a regular andpersistent basis. Workplace bullying is usually thoughnot always carried out by people in positions ofpower. Bullying and abuse can also come frommembers of the public. Here is a range of possiblequestions and answers in a bullying questionnaire,reproduced from an USDAW advice booklet: Let’s Puta Stop to Bullying at Work www.usdaw.org.uk/getactive/resource_library/files/RLF314/BullyingLft3140208.pdf

1. Have you ever been bullied at work? Yes/No

2. Are you currently being bullied Yes/NoIf yes, when did the bullying start?

....................................................................................................................

3. Who is bullying you? (please tick boxes)

� Supervisor� Other manager� Member(s) of the public� A colleague� A group of colleagues� Other (please specify)

....................................................................................................................

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4. What form does the bullying take?

� Threats� Verbal abuse� Physical abuse/violence� Humiliation� Constant criticism� Constantly changing instructions� Excessive workloads� Refusing reasonable requests (for example,

for leave or training)� Other (please specify)

....................................................................................................................

5. How has bullying affected you?

� Loss of confidence� Loss of self esteem� Being sick� Headaches� Loss of appetite� Loss of sleep� Anxiety� Depression� Irritability� Increased alcohol consumption� Increased use of tobacco� More days off sick� Feeling of not wanting to go to work� Other (please specify)

....................................................................................................................

6. Have you raised the problem? Yes/No

If yes, with who?

� Supervisor� Other manager� Personnel� Union representative� Colleagues� Other (please specify)

....................................................................................................................

7. What action was taken, if any?

....................................................................................................................

8. Did the situation improve?

....................................................................................................................

9. In what ways would you like the union to helpyou to deal with the problem?

....................................................................................................................

10. Any other comments?

....................................................................................................................


ACAS (see Section 6.5 for contact details)� Bullying and harassment guideswww.acas.org.uk/index.aspx?articleid=797

Chartered Institute of Personnel and Development� CIPD fact sheet Bullying and harassment at work(2008)www.cipd.co.uk/subjects/dvsequl/harassmt/harrass.htm?IsSrchRes=1

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 79: Victimisation� No. 70: Psychoterror� No. 65: Violence at work£1.50 each for union subscribers. £6 for non-subscribers


International Labour Organisation (see Section 6.4 forcontact details) � Resources on violence, bullying and harassment www.ilo.org/public/english/protection/safework/violence/

Labour Research Department (see Section 6.2 forcontact details)� Tackling Bullying and Harassment £4.95

London Hazards Centre (see Section 6.2 for contactdetails)� Bullying at Work factsheetwww.lhc.org.uk/members/pubs/factsht/64fact.htm

TUC (see Section 6.1 for contact details)� The TUC bullying web page www.tuc.org.uk/h_and_s/index.cfm?mins=30� TUC leaflet Bullied at work – Don’t Suffer inSilencewww.tuc.org.uk/tuc/rights_bullyatwork.cfm� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on bullying. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm.� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm

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� Contact your union or visit your union’s websiteto find out if it produces any guidance on bullying.In addition to the booklet quoted above, USDAWhas a Freedom from Fear campaign atwww.usdaw.org.uk/campaigns/freedom_from_fear/� Many unions have information and guidance forreps and members, including the UNISON Bullyingat Work guide at www.unison.org.uk/acrobat/13375.pdf,the UCU cyber bullying Factsheet atwww.ucu.org.uk/media/pdf/s/t/hsfacts_cyberbullying.pdf andthe NASUWT Cyber bullying information atwww.nasuwt.org.uk/InformationandAdvice/Equalities/StopCyberbullying/NASUWT_002654

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SECTION 4 CHAPTER 21 – CHEMICALS AND DUST

HAZARDS AT WORK

BASIC FACTS ABOUT CHEMICALS ANDDUSTAccording to estimates in March 2007 by theDepartment for Environment, Food and Rural Affairs(DEFRA), around 30,000 chemicals are made, soldand used in significant amounts. DEFRA goes on tostate that the current system has generated properassessments on only a few hundred. The true extent ofwork-related health damage from hazardoussubstances is not known and estimates vary widely. Inthe latest figures available from the InternationalAgency for Research on Cancer (IARC) in 2006, outof approximately 900 substances they have considered:

� 101 are carcinogenic to humans

� 69 are probably carcinogenic to humans

� 245 are possibly carcinogenic to humans

According to a TUC briefing for safety representativesin January 2007, it has been estimated that one inthree of all occupational diseases recognised in Europeevery year are caused by exposure to workplacechemicals. The TUC believes that around 18,000deaths a year in the UK are caused by cancers causedby workplace exposure. There are many tens ofthousands of others who suffer from skin problems,breathing problems or neurological damage caused byexposure to chemicals.

The 2008 TUC safety representatives survey showedoverall that:

� chemicals or solvents were a major concern to 11per cent of safety representatives

� dusts were a major concern to 9 per cent of safetyrepresentatives

In the private sector there was more concern, withthe figures showing that:

� chemicals or solvents were a major concern to 21per cent of safety representatives

� dusts were a major concern to 15 per cent ofsafety representatives

Safety representatives need to be aware of thepotential damage to health arising from the use ofsuch substances. Unlike physical hazards, where thehazard is visible and the effects immediate, theharmful effects of toxic substances are not alwaysobvious. The hidden hazards of chemicals, dusts and

other toxic substances present a real threat toworkers’ health and may be one of the greatest singlecauses of health damage:

� chemical technology is used in most work processes

� thousands of substances are in daily use world-wide

� hundreds of new substances are brought onto themarket each year

A huge range of substances and processes are used tomake the goods and provide the services we take forgranted. Hazardous substances are used in almostevery workplace – offices, hospitals, hairdressingsalons, gardens, kitchens and so on.

Every day people at work are exposed tosubstances which may cause:

� cancer

� reproductive disorders

� nerve and brain disorders

� liver and kidney diseases

� heart and lung disease

� skin disease

� allergies and sensitisation

What is a hazardous substance?Hazardous substances are those that have thepotential to cause harm to workers if they areexposed to them. They may be naturally occurringeveryday materials like wood dust, sugar or flour;they may be metals like aluminium, chromium orlead; but they are most likely to be mixtures andcompounds of different substances that occur inmaterials like paint, solvents, detergent, metal-working fluids, pesticides, herbicides and adhesives.There are tens of thousands of different substancesthat are used in workplaces. Some hazardoussubstances are not supplied to the workplace but arecreated during the work process itself. These includewelding and soldering fumes, dust from grinding andfettling metal, and diesel fumes from forklift trucks.

How do hazardous substances affect people?Reactions to toxic substance exposure vary frommild to severe. In some cases reactions can be fatal.For example, glass fibre insulation material willcause itching for a short time, but it may also havemore serious long-term exposure effects. Exposure toa chemical known to cause asthma can result in fatal

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anaphylactic shock. The human body responds indifferent ways to hazardous substances and theresponse will usually depend on the material orsubstance and the level of exposure to it. The mostcommon effects are:

� Irritation of the breathing system. Substances canirritate the nose and upper lung passages, causingsneezing and coughing and, in some cases,bronchitis. They may also damage lung tissue.

� Irritation of the skin and eyes. A commonreaction is dermatitis – a rash. Solvents can removethe protective oils from the skin. This makes it dry,rough and sore. Some chemicals (for example,hydrochloric acid and caustic soda) may causeirritation in dilute form, but when concentrated cancause chemical burns. The eye is extremelyvulnerable if substances make contact.

� Sensitisation of the respiratory system. Somesubstances can cause ‘sensitisation’. Once a worker issensitised any further exposure, even very small, maybring on an allergic response of coughing andwheezing. The most extreme sensitisation reaction isanaphylactic shock, which can result in death withina few minutes.

� Sensitisation of the skin. Sensitisation can alsooccur if a substance gets on the skin. Further contact,even if tiny, may cause itching, rashes and discomfort.

� Long-term effects. Some effects only emerge afteryears of exposure, or manifest themselves years afterexposure. These are called chronic effects. Often verylow doses can cause these – there may be no short-term (acute) effects to warn people of the risk. Lungdamage caused by dusts or heart disease caused bysmoking are two examples of long-term effects.

� Cancer, which is the long-term effect of mostconcern. This is a disorder of cell growth. It arisesfrom a complex interaction between a harmful agentor agents (carcinogens) and the body. A number ofchemicals are known or suspected cancer agents. Theeffect of exposure to a carcinogen may not be seenfor many years, and early identification is oftendifficult. Trade unions argue that the officialestimates of work-related cancer are grosslyunderestimated in the official figures.

� Reproductive disorders. Some substances can causeloss of sex drive, and infertility in both men andwomen. They can damage the sperm or the egg(mutagens) or the foetus (teratogens). There is a lack ofreliable evidence on this for most industrial chemicals.

There is a further complicating factor: not everyonewill respond in the same way to an exposure. Onecommon example of this is that not all cigarettesmokers develop lung cancer or heart disease. Thebody’s reaction depends on a whole host of factors,including gender, age, lifestyle, genetic make-up andeven natural tolerance.

What are the risks?History has shown that the hazards are often notrecognised until too late. Signs of damage may takeso many years to develop that all substances shouldbe treated with caution. In particular, care is neededif laboratory experiments show potential harm, or ifa substance with a similar structure has been knownto harm humans.

Risk depends upon toxicity and dose:

� Toxicity is potential to cause harm. This varieswith the substance; route of entry into the body; andthe body’s response. For example, caustic soda maycause a chemical burn, silica may cause fibrosis ofthe lung. Carbon tetrachloride may cause dermatitisby defatting the skin and, after absorption, alsoaffect the brain, blood and liver.

� Dose is the amount of the substance that isabsorbed into the body. This depends on theconcentration of the substance in different organsand tissues and the time it remains and stays active.Some substances accumulate in the body. In thesecases, repeated low doses may cause harm.

How do hazardous substances enter the body?The ease with which substances enter the bodydepends on their physical and chemical make-up.It could be a gas or vapour, an aerosol, fume, liquid,dust or fibre. For an aerosol, dust or fibre, particlesize is important as this affects how far it can travelinto the lungs. Once inside the body the substance’seffect will depend on its solubility in body fluids(such as water and natural oils) and how thesubstance reacts with the body's own chemicals.

The routes of entry are:

� Inhalation: breathing is the most common routeof entry. Aerosols, fumes, vapours and gases cancause harm anywhere in the respiratory system andmay also be absorbed into the blood stream.Particles of dust and fibre can also cause harm.Large particles are filtered off in the nose; smallerones, or those breathed through the mouth, settle onthe walls of the windpipe or throat and are coughedup and either spat out or swallowed. The smallestparticles of dust and fibres can be inhaled down intothe lungs where they can cause local damage or beabsorbed into the blood stream.

� Skin absorption: the thickness of the skin and itsnatural covering of sweat and grease provide someprotection. This means only a few substances arereadily absorbed by this route, such as organicsolvents and phenols. Substances can also enter thebody through cuts.

� Ingestion: the swallowing of substances is mostlikely when contaminated fingers are placed in themouth, or used to handle food or cigarettes. Inaddition, inhaled particles may be coughed up andthen swallowed.

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Acute and chronic effectsSubstances may have acute or chronic effects:

� An acute response is immediate – for example,inhalation of chlorine irritates the respiratory tract.Acute responses usually clear up once the individualhas been removed from the problem.

� A chronic reaction is much slower and oftenbuilds up after repeated exposures over days, weeksor years – for example, dermatitis of the hands dueto repeated contact with solvents. Most chronicdiseases require a much longer period for recoveryand in some cases damage is permanent.

Chronic and acute effects from a particular substancemay be very different from each other and protectingagainst only one kind of effect may not control thehazard of the other.

Chemicals, work and cancerCancer begins when cells in a part of the body startto grow out of control. The growths which result arecalled tumours and may either be ‘benign’ or‘malignant’. A benign tumour is one which doesn’tspread to other parts of the body, although it mayproduce adverse effects such as pressure on nearbytissues and disruption of their normal functions.Malignant tumours can spread to other parts of thebody through the blood vessels and lymphaticsystem, and establish new growths called ‘secondarytumours’. It is to these invasive, malignant types oftumour that the term ‘cancer’ is generally applied.

Cancer can be caused by radioactivity, sunlight,viruses and genetic disorders, but there are manysubstances used at work that are also linked to cancer.Some of these substances are known to have a directlink with cancer such as asbestos, tobacco smoke anddiesel exhaust particulates. Many other chemicals alsohave direct links, such as vinyl chloride monomer withangiosarcoma of the liver; benzidine with bladdercancer, and mineral oils with scrotal cancer.

It can often be difficult to prove a link betweenexposure to a particular chemical and cancer inhumans, or to assess the real degree of risk asubstance poses to human health because:

� there is often a long period between exposure andthe effect

� some types of cancer such as lung cancer are relativelycommon in the population at large, so any extra casesdue to exposure to a substance may not be detected

� gender differences can mean women and men areaffected differently

� histories of occupational exposure are seldomrecorded

� other factors such as smoking, diet, lifestyle orexposure to other substances or agents may actseparately or combine with occupational factors toaffect the incidence of cancer

� some carcinogens such as diesel exhaust arepresent in both work and non-work situations.

Much of the work on linking cancer to chemicalsubstances has been done by the InternationalAgency for Research on Cancer (IARC). IARCclassifies substances into categories: 108 substancesin group 1 are known human carcinogens; 66substances in group 2A are probable humancarcinogens; and 248 substances in group 2B arepossible human carcinogens. 516 substances are notclassifiable as human carcinogens.

The full list is athttp://monographs.iarc.fr/ENG/Classification/index.php

IARC regularly publishes monographs onsubstances setting out their toxicity; these areavailable from http://monographs.iarc.fr/index.php

The TUC has published a guide for safetyrepresentatives, Occupational Cancer: A WorkplaceGuide, at www.tuc.org.uk/extras/occupationalcancer.pdf TheTUC wants all carcinogens to be removed fromworkplaces and replaced by less toxic and hazardousmaterials. In some cases this may not be possible – forinstance, hospital radiographers are unable to workwithout some exposure to radiation, and bus garageworkers are necessarily exposed to diesel exhaust. Inthese cases protection given to workers must be of thehighest possible level. More information from theHazards Work Cancer Prevention Kit can be found atwww.hazards.org/cancer/preventionkit/index.htm

StandardsThe HSE produces a set of Workplace ExposureLimits (WELs), which set maximum exposurestandards for a select number of chemicals andsubstances used in workplaces, but there areproblems with this approach:

� There are thousands of substances that are usedin workplaces; the WEL’s list contains just 400.

� The limits could give a false sense of security anddo not always represent safe conditions.

� Some argue that many limits are still based uponthe questionable Threshold Limit Values, developedmany years ago in America.

� Women may be adversely affected at lower levelsthan men, and research often concentrates on menrather than women.

� Some chronic (long-term) effects may beunknown. Limits are often lowered as moreinformation comes to light.

� Standards do not exist for many potentiallyharmful substances.

� Little is known about the effects of mixtures ofsubstances that workers are exposed to.

� Supposed safe limits sometimes differ betweendifferent countries.

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LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations applyto chemicals and dusts. General duties can be foundin the following chapters of Hazards at Work:

� SRSC Regulations 1977 – Chapter 3, with referenceto safety representatives’ rights and consultation




SPECIFIC REGULATIONS DEALING WITHCHEMICALS AND SUBSTANCESThere are three main sets of regulations that dealspecifically with chemicals and substances in theworkplace; the Control of Substances Hazardous toHealth Regulations 2002 (as amended) (COSHH),the Chemicals (Hazards Information & Packagingfor Supply) Regulations 2002 (as amended) (CHIP –known as CHIP 3); and the Dangerous Substancesand Explosive Atmospheres Regulations 2002(DSEAR).

Some substances are so dangerous they areregulated by their own separate Regulations; theseare asbestos, lead and ionising radiation.

Chemicals (Hazards Information & Packaging forSupply) Regulations 2002 (CHIP)Where chemical substances or preparations aresupplied, these regulations require suppliers and/ormanufacturers to identify the hazards of thesubstances they manufacture or supply, provideinformation about the hazards of those chemicals onpackaging labels and in safety data sheets, andpackage chemicals safely. This information isessential for two key reasons: it enables workers tohave immediate access to information aboutpotentially hazardous substances; and it helpsemployers understand what measures they have totake to protect their workers. But it is important toremember that there will not be a data sheet or labelfor every substance produced in the workplace thatis caused by the work process. So for example, it isunlikely there will be a data sheet for fumesproduced by a diesel forklift, or for the airbornecontaminants produced by grinding or fettling.Information about these substances will need to besourced elsewhere.

Part of CHIP 3 is an Approved Supply List thatclassifies more than 2,500 substances according totheir health and safety effects. These appear on labelsand in documents as pictograms, and should include

risk phrases (R phrases) and safety phrases (Sphrases) which give guidance on the risks they pose,and on precautions to be observed when using thematerials. More details can be found atwww.hse.gov.uk/chip/phrases.htm Suppliers must alsoclassify chemicals that do not appear on theapproved supply list; guidance on this is given in theApproved Classification and Labelling Guide.

Safety data sheets must accompany all potentiallyhazardous chemicals and substances, and mustcontain information under the following headings:

� identification of the substance/preparation andcompany

� composition/information on ingredients

� identify the hazards

� first aid measures

� fire fighting measures

� accidental release measures

� handling and storage

� exposure controls/personal protection

� physical and chemical properties

� stability and reactivity

� toxicological data

� ecological data

� disposal

� transport information

� regulatory information

� other relevant information

Safety data sheets and labels vary widely in qualityand should never be treated as authoritative sourcesof information. Collecting these data sheets alonedoes not in itself constitute a COSHH assessment(see below). The CHIP Regulations are summarisedin the HSE publication “The idiots guide to CHIP3”INDG350 www.hse.gov.uk/pubns/indg350.pdf“Why do I need a safety data sheet? INDG 353www.hse.gov.uk/pubns/indg353.pdf and “Read the label: How to find out if…” INDG 352www.hse.gov.uk/pubns/indg352.pdf

Leaflets on many chemical substances can befound at www.hse.gov.uk/pubns/chindex.htm#chip andfurther information from the HSE’s CHIP micrositeis at www.hse.gov.uk/chip/index.htm

The CHIP Regulations were amended in April 2009(to become CHIP 4), in order to meet the standardsof the new EU Regulation on the Classification,Labelling and Packaging of Substances and Mixtures(the CLP Regulations), which came into force inJanuary 2009. The main changes are to allowsuppliers to comply with the CLP Regulation as an

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alternative to CHIP before the CLP Regulationbecome mandatory on 1 December 2010 forsubstances and 1 June 2015 for mixtures, and toprovide powers for inspectors to enforce the CLPRegulation as well as CHIP.

Dangerous Substances and ExplosiveAtmospheres Regulations 2002DSEAR is a set of regulations concerned withprotection against risks from fire, explosion andsimilar events arising from dangerous substancesused or present in the workplace. In the context ofDSEAR, dangerous substances include petrol,liquified petroleum gas (LPG), paints, varnishes,solvents, and dusts which when mixed with air cancause an explosive atmosphere – for example dustsfrom grain milling and sanding operations,powdered metals and flour.

The Regulations are intended to ensure employersdo not create explosive atmospheres in theworkplace. An explosive atmosphere is anaccumulation of gas, mist, dust or vapour mixedwith air, which has the potential to catch fire orexplode. An explosive atmosphere does not alwaysresult in an explosion, but if it catches fire the flamescan quickly travel through it and if this happened ina confined space (e.g. in plant or equipment) therapid spread of the flames or rise in pressure couldalso cause an explosion.

Employers should apply measures which areconsistent with the risk assessment and appropriateto the nature of the activity or operation. These caninclude:

� areas where hazardous explosive atmospheresmay occur are classified into zones and marked assuch

� areas classified into zones are protected fromsources of ignition by using flameproof equipmentand protective systems

� preventing fires and explosions from spreading toother plant and equipment or to other parts of theworkplace

� reducing the numbers of employees exposed to aminimum

� in the case of process plant, providing equipmentthat can safely contain or suppress an explosion, orvent it to a safe place, including explosion reliefs

� where employees work in zoned areas they areprovided with appropriate clothing that does notcreate an electrostatic discharge capable of ignitingan explosive atmosphere

� areas where hazardous explosive atmospheresmay be present must be verified as being safe by aperson competent in explosion protection.

Employers should provide workers and theirrepresentatives with suitable information, instruction

and training on precautions and actions they need totake to safeguard themselves and others. This shouldinclude:

� names of the substances in use and risks theypresent

� access to relevant safety data sheets

� details of legislation that applies to the hazardousproperties of those substances, and

� the significant findings of the risk assessment.

Much of this is already required by other health andsafety legislation. For instance, information requiredunder the CHIP Regulations must be supplied withany substance to which DSEAR applies, manymaterials will need to be assessed under the Controlof Substances Hazardous to Health Regulations(COSHH), and other COSHH provisions will apply.(See below). An HSE guide to DSEAR “Fire andexplosion: how safe is your workplace” INDG 370is available at www.hse.gov.uk/pubns/indg370.pdf (Seealso Chapter 29)Dangerous Substances and Explosive AtmospheresRegulations 2002 S1 2002/2776www.opsi.gov.uk/si/si2002/uksi_20022776_en.pdf The Safe Use and Handling of Flammable LiquidsHSG 140 ISBN 0 7176 0967 7HSE Books £8.50

Control of Substances Hazardous to HealthRegulations 2002 (COSHH)This is the main legislation that sets out in detail theduties imposed on the employer to protect workersfrom exposure to hazardous substances at work. It isbeyond the scope of this manual to reproduce all theprovisions of COSHH, but the Regulations andApproved Codes of Practice and Guidance areavailable from HSE Books (see end of this chapterfor details), and there are references to many othersources of essential information. The key elements ofCOSHH are outlined in the HSE leaflet INDG 136(Rev 3) COSHH: A brief guide to the regulations.

The following steps are based on the informationfrom INDG 136.

COSHH Step 1: Assess the risksThe first step is to decide whether there is a problemwith the substance(s) your company is using. This iscalled a risk assessment. The employer must:

� identify the hazardous substances present in yourworkplace

� consider the risks these substances present topeople’s health

Assessing the risk involves making a judgement onhow likely it is that a hazardous substance will affectsomeone’s health. Employers should ask themselves:

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� how much of the substance is in use and howpeople might be exposed to it

� who might be exposed to the substance and howoften

� is there a possibility of substances being absorbedthrough the skin or swallowed?

� are there risks to employees at other locations, ifthey work away from the main workplace?

Legal responsibility for the assessment rests with theemployer, but others can do some or even most ofthe work of preparing it. Except in very simple cases,whoever carries out the assessment will need to:

� have access to and understand the COSHHRegulations and relevant ACoPs

� be able to get all the necessary information andhave the knowledge and experience to make correctdecisions about the risks and the actions needed

Safety representatives should be involved in assessmentsas they have valuable contributions to make. They mustalso be informed of the results of the assessment.

COSHH Step 2: Decide what precautions are neededIf the employer identifies significant risks, they mustdecide on the action to take to remove or reducethem to acceptable levels. To decide whether risksare significant, employers can compare controls with:

� advice from COSHH Essentials (www.coshh-essentials.org.uk)

� the results of monitoring workers’ exposure withworkplace exposure limits (WELs) published inEH40/2005

� good standards from the industry sector

Action must be taken if there are risks to health. Ifthere are five or more employees, the employershould make and retain a record of the main findingsof the assessment, either in writing or on computer.The record should be made as soon as practicableafter the assessment. It should include a record of:

� enough information to explain the decisions takenabout whether risks are significant and the need forany control measures

� the actions employees and others need to take toensure hazardous substances are adequatelycontrolled

The assessment should:

� be reviewed when there is reason to suspect theassessment is no longer valid

� be reviewed when there has been a significantchange in the work

� be reviewed when the results of monitoring

employees’ exposure shows it to be necessary

� state when the next review is planned

COSHH Step 3: Prevent or adequately control exposureThe COSHH Regulations require prevention ofexposure, so employers should:

� change the process or activity, so that thehazardous substance is not needed or generated

� replace it with a safer alternative

� use it in a safer form, for example, pellets insteadof powder

If prevention is not reasonably practicable, theemployer must adequately control exposure. Thiscan be done using one of the following measures, inorder of priority:

� use appropriate work processes, systems andengineering controls, and provide suitable workequipment and materials. For example, use processeswhich minimise the amount of material used orproduced, or equipment which totally encloses theprocess

� control exposure at source, for example, by usinglocal exhaust ventilation; and reduce to a minimumthe number of employees exposed, the level andduration of their exposure, and the quantity ofhazardous substances used or produced in theworkplace

� provide personal protective equipment, but onlyas a last resort and never as a replacement for othercontrol measures which are required

COSHH Step 4: Ensure that control measures are usedand maintainedCOSHH requires employees to make proper use ofcontrol measures and to report defects. It is theemployer’s responsibility to take all reasonable stepsto ensure that they do so. This is why employeesmust be given suitable training, information andappropriate supervision (see Step 8 for a moredetailed explanation).

COSHH places specific duties on employers toensure that controls are kept in efficient workingorder and good repair. Engineering controls andrespiratory protective equipment have to beexamined and, where appropriate, tested at suitableintervals. COSHH sets specific intervals betweenexaminations for local exhaust ventilationequipment, and records of examinations and testscarried out (or a summary of them) must be kept, forat least five years.

COSHH Step 5: Monitor exposureUnder COSHH, employers have to measure theconcentration of hazardous substances in the airbreathed in by workers where their assessmentconcludes that:

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� there could be serious risks to health if controlmeasures failed or deteriorated

� exposure limits might be exceeded

� control measures might not be working properly

COSHH Step 6: Carry out appropriate health surveillanceCOSHH requires employers to carry out healthsurveillance in the following circumstances:

� where an employee is exposed to one of thesubstances listed in Schedule 6 of COSHH, and isworking in one of the related processes – forexample, manufacture of certain compounds ofbenzene – and there is reasonable likelihood that anidentifiable disease or adverse health effect will resultfrom that exposure

� where employees are exposed to a substancelinked to a particular disease or adverse health effect,and there is a reasonable likelihood under theconditions of the work of that disease or effectoccurring, and it is possible to detect the disease orhealth effect

COSHH Step 7: Prepare plans and procedures to dealwith accidents, incidents and emergenciesThis will apply where the work activity gives rise toa risk of an accident, incident or emergencyinvolving exposure to a hazardous substance, whichgoes well beyond the risks associated with normalday-to-day work. Employers must prepareprocedures, and set up warning and communicationsystems to enable an appropriate responseimmediately any incident occurs.

COSHH Step 8: Ensure that employees are properlyinformed, trained and supervisedCOSHH requires employers to provide employeeswith suitable information, instruction and trainingabout:

� the names of the substances they work with orcould be exposed to and the risks created by suchexposure to those substances

� access to any safety data sheets that apply tothose substances

� the main findings of the risk assessment

� the precautions they should take to protectthemselves and other employees

� how to use personal protective equipment

� the results of any exposure monitoring and healthsurveillance

� emergency procedures which need to be followed

The full text of the HSE guide COSHH: A BriefGuide to the Regulations (INDG136rev3) can befound at www.hse.gov.uk/pubns/indg136.pdf

Workplace exposure limits (WELs)The HSE publication EH 40 – Workplace ExposureLimits (2005) sets out maximum exposure limits fornearly 400 substances that may find their way intoworkplaces. This is only a fraction of the almost40,000 substances that have been registered with theEuropean Chemical Agency under REACH (seebelow for more information).

A WEL is the maximum concentration of anairborne substance, averaged over an eight hourreference period, to which workers may be exposedby inhalation. The limits set are not necessarily safeor without risk, and wherever possible employersshould aim to ensure contamination levels are as lowas possible, not just to comply with the WELstandard. Correct application of the principles ofgood practice defined by COSHH should mean thatexposures are controlled below the WEL.

The list of substances and the limits set maychange. An updated list is available fromwww.hse.gov.uk/coshh/table1.pdf The current version isdated 2007.

Registration Evaluation and Authorisation ofChemicals (REACH)Around 100,000 different substances are registeredin the EU, of which around 30,000 aremanufactured or imported in quantities above onetonne. Adequate data on the environmental andhealth effects is available for only a small proportionof these chemicals. In December 2006 the EuropeanCommission approved a new set of regulations onchemicals called REACH. These Regulations cameinto force in the UK on 1 December 2008. TheRegulations are available to download atwww.opsi.gov.uk/si/si2008/pdf/uksi_20082852_en.pdf

REACH is based on the premise that industry itselfshould be responsible for ensuring that the chemicals itmanufactures and puts on the market in the EU do notadversely affect the health of those workers exposed tothem through their employment, the public who comein contact with them as users, or the environment.REACH also simplifies the control of chemicals in theEuropean Union and replaces a large number of otherdirectives with a single system of registration,evaluation and authorisation. REACH was primarilyintended as a measure to protect the environment andconsumers, but it also has implications for workplacesafety, by encouraging the use of safer chemicals andsubstances over more hazardous ones. This shouldensure that particularly hazardous substances are, overtime, replaced by less hazardous alternatives.

In the UK, the Department for Environment, Foodand Rural Affairs (Defra) has the policy lead onREACH. It developed the enforcement arrangementsin conjunction with the Department for Business,Enterprise and Regulatory Reform (now theDepartment for Business, Innovation and Skills) andthe devolved administrations for Scotland, Wales andNorthern Ireland.


Organisations with enforcement powers in respectof REACH are the Health and Safety Executive(HSE); the Health and Safety Executive for NorthernIreland (HSENI); the Environment Agency (EA); theScottish Environment Protection Agency (SEPA); theNorthern Ireland Environment Agency (NIEA) theDepartment of Energy and Climate Change (DECC);and local authorities in respect of health and safetyand consumer protection. Their enforcement powersare described in Schedules to the Regulations, butgenerally reflect their existing enforcement activities.All the enforcers have a duty to co-operate and shareinformation; and there is also a wider information-sharing forum at the EU level to ensure consistencyacross the EU.

The duty is on manufacturers and importers ofsubstances to register the material with the newly-established European Chemicals Agency (ECHA)based in Helsinki, whose task it is to manage theprocess of registration, evaluation, authorisation andrestriction processes for chemical substances.Manufacturers and importers are required to submittechnical information and, for substances producedin excess of 10 tonnes, a chemical safety report. Thisprocess will cover all substances (with a fewexceptions) if they are manufactured or importedinto the EU in quantities above one tonne per year.Substances that pose a high risk – i.e. that arecarcinogenic, mutagenic or toxic to reproduction –have to be authorised. Industry will also have toprovide risk assessments and establish controlmeasures for people using the substance. This shouldresult in better labelling of products and alsoimprove information on the data sheets thataccompany them. Certain low risk substances andthose adequately regulated under other legislationare exempt.

The ECHA published an intermediate list ofaround 40,000 pre-registered substances in October2008 at http://apps.echa.europa.eu/preregistered/pre-registered-sub.aspx Pre-registration means that theimporters or manufacturers of these substance willbenefit from an extended registration procedure,dependent on the amount of the substances producedor imported, or on its hazardous properties. Fullregistration for large amounts of material producedor imported (in excess of 1,000 tonnes annually) orsome particularly dangerous and hazardoussubstances will be November 2010; for amounts of100 tonnes per year May 2013; and for substancesbetween 1–100 tonnes, May 2018.

For any substance not pre-registered by December2008, the manufacturer or importer needs tocomplete the full registration process immediately inorder to continue to manufacture, import or supplythe material.

In April 2009, the European Trade UnionConfederation (ETUC) published a list of 306substances as a contribution to the practicalimplementation of REACH. The purpose of this

trade union priority list is to contribute to thepractical implementation of REACH, in particularthe authorisation procedure, by proposingSubstances of Very High Concern (SVHC) whichfrom a union perspective should have priority forinclusion in the Candidate List and potentially in theAuthorisation List. All the substances included arealready listed as known or suspected carcinogens,endocrine disrupters, neurotoxins or sensitisers listedby other agencies. The booklet can be downloadedfrom http://hesa.etui.org/uk/newsevents/files/TU_Priority_List_REACH.pdf

The Regulations (and guidelines) are bothtechnical and complex, extending to thousands ofpages, and the extended registration period to 2018means that there will probably be many changes anddevelopments to take into account before REACH isfully implemented. Updates on REACH progress willappear in the TUC’s Risks bulletin.

The HSE REACH web pages have up-to-dateinformation on developments:www.hse.gov.uk/reach/enforcement.htmThe TUC REACH briefing for SafetyRepresentatives can be found at:www.tuc.org.uk/h_and_s/tuc-12870-f0.cfm

Nanotechnology and nanomaterialsNanotechnology is the study of materials and matterat the atomic and molecular level; one nanometre isone billionth of a metre. This new technology, it isclaimed, has the potential to create many newmaterials and devices with wide-ranging applicationsin a number of fields such as medicine, electronics,energy production, food and consumer goodsproduction.

Nanomaterials behave differently than othersimilarly-sized particles and the physical andchemical properties of a material at the nano levelcan be very different to the properties of the materialin its normal form. For example, gold is a metal thatis almost chemically inert in its normal form, whileat the nanoparticle level, it behaves as a potentcatalyst. Serious concerns have been raised about theintroduction of this technology, because there isinsufficient information about its safety, and thepossible health effects on humans. See for examplewww.hazards.org/nanotech/

While nanomaterials are predicted to yieldnumerous health and health care advances, includingmore targeted methods of delivering drugs, newcancer therapies, and new methods for earlydetection of diseases, they may also have unwantedeffects. An increased rate of absorption is the mainconcern associated with manufactured nanoparticles.When materials are made into nanoparticles, theirsurface area to volume ratio increases. The greatersurface area per unit weight may lead to increasedrates of absorption through the skin, lungs, ordigestive tract and may cause as yet unknown effectsto the lungs and other organs.


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Nanotechnology is already in use in consumergoods, providing products with novel functionsranging from easy-to-clean windows to scratch-resistant sunglasses. Modern textiles usenanomaterials to create wrinkle-resistant and stain-repellent clothing, and nano titanium dioxide isbeing used in sunscreen cream.For more examples ofpotential applications, see http://en.wikipedia.org/wiki/List_of_nanotechnology_applications.

The Organisation for Economic Cooperation andDevelopment (OECD) Chemicals Committee hasestablished a working party on manufacturednanomaterials to address some of the concernssurrounding them. It is currently looking at thepractices of OECD member countries in regards tonanomaterial safety. The latest OECD Report onnanomaterials, No 8, is available to download fromwww.olis.oecd.org/olis/2009doc.nsf/LinkTo/NT000029E6/$FILE/JT03263204.PDF

For more environment and health and safetyreports and other documents from the OECD, go toits website at www.oecd.org/ehs/

The European Parliament’s Environment Committeeis also calling for tighter controls onnanotechnology, including the application of the ‘nodata, no market’ principle contained in the REACHregulations. The UK’s Royal Commission onEnvironmental Pollution report Novel materials inthe environment: the case of nanotechnologypublished in November 2008 says that “theknowledge about the potential health andenvironmental impacts of nanomaterials lagssignificantly behind the pace of innovation”.(www.rcep.org.uk/novelmaterials.htm)

The Commission says that REACH proposalsneed to be changed to prevent nanomaterials madefrom relatively inert materials already registeredunder REACH from slipping through the regulatorynet. It also raised questions over whether theREACH one tonne threshold for registration wastoo high, given the nature of nanomaterials.

Trade unions whose members work withnanomaterials, often in ignorance, are alsodemanding more research and limitations on the useof nanomaterials until more is known about theirpossible health effects. At the March 2009conference on ‘Working and living withnanotechnologies’, which focused on the results ofthe European NanoCAP project, the EuropeanTrade Union Confederation (ETUC) presented aresolution adopted in June 2008. The resolutioncalls for:

� all nanomaterials, including those produced orimported in quantities below one tonne a year tocome within the REACH registration requirements

� a chemical safety report must be produced for allREACH-registered substances for which ananometre scale use has been identified

� the involvement of workers and theirrepresentatives in the assessment and reduction ofnanomaterial-related risks

� the improvement of worker information aboutnanomaterials that may be present in products towhich they are exposed

� safety data sheets that state whethernanomaterials are present

� provision of training and health surveillance forworkers exposed to nanomaterials

� at least 15 per cent of public research budgets tobe allocated for health and environmental research

� health and safety at work considerations to be acompulsory part of all research projects.

The ETUC reiterated the confederation’s belief in theconsiderable application development potential ofnanotechnologies and nanomaterials in the fields ofhealth, the environment, medicinal products andrenewable energy, but repeated concerns over thepotential risks to human health and theenvironment.

In the UK, the HSE has already taken someenforcement action on carbon nanotubes (CNTs)and issued an advisory leaflet. The main issue is thatthese CNTs have similar physical properties toasbestos, and the results of research at EdinburghUniversity recently published in NatureNanotechnology has found that long, straight,multi-walled CNTs (MWCNTs) with a high aspectratio produced a marked inflammatory reaction andthe formation of granulomas when injected into theabdominal cavity of mice. Granulomas are smallnodules of cells that form around foreign bodies thatcannot easily be cleared. The reaction was similar tothat seen when asbestos fibres with a high aspectratio are injected into the abdominal cavity of mice.When short asbestos fibres, nanoparticulate carbonblack and short or tangled MWCNTs were injectedthere was little or no inflammation. This suggeststhat the inflammatory response seen in this studymay be due to the long, thin shape of the fibres.While this research does not prove that CNTs willcause the same diseases as asbestos, it does raise alevel of concern. This finding applies only to longand thin CNTs (and possibly other nanomaterialsthat are long and thin). It does not apply to othernanoparticles that have different shapes.

The HSE has been sufficiently concerned to issue aninformation leaflet on CNTs, available atwww.hse.gov.uk/pubns/web38.pdf The HSE says thisinformation sheet is specifically about the manufactureand manipulation of carbon nanotubes and has beenprepared in response to emerging evidence about thetoxicology of these materials. However, the riskmanagement principles detailed in the leaflet areequally applicable to other nanodimensioned bio-persistent fibres with a similar aspect ratio.



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Checklist

Identifying and tackling problems with hazardoussubstances

Obtaining information on substances and processes

� Are unions consulted and informed prior to newsubstances being introduced?

� Is management already passing on information aboutsubstances?


� Are all containers properly labelled?

� Are there reliable chemical safety data sheets on allhazardous substances used at work?

� Is there a central register, which safety representativescan see, of all substances used at work?

� Are safety representatives checking independently on thehazards of substances?

Negotiation and consultation procedures

� Has the employer agreed to keep safety representativesinformed about the COSHH strategy?

� Is there a procedure for handling disagreements aboutassessments?


� Is progress on COSHH monitored through a joint safetycommittee?

� Is the workforce kept informed of progress?

Has management:

� involved, and consulted with, safety representatives?

� assessed health risks in relation to actual workplaceconditions?

� used COSHH Essentials in appropriate circumstances?

� made sure assessments are done by a 'competentperson'?

� provided written copies of assessments?

� looked for safer alternatives?

� devised control measures?

� assessed existing control measures, improving them ifnecessary?

� used personal protective equipment as a temporary orlast resort?

� made sure control measures work?

� regularly examined and tested control measures?

� reduced exposure to as low as possible?

� arranged for health monitoring (if appropriate)?

� made arrangements for:

– storage, handling, transport?

– spillage control?

– disposal?

– maintenance work?

– housekeeping?

– first aid?

� made sure workers are fully trained and informed?

� kept records?

� reviewed control measures regularly?

Have safety representatives:

� carried out regular inspections?

� critically examined all work operations involving substances?

� asked members whether they suffer any symptoms thatthey think are attributable to hazardous substances?

� used questionnaires or body mapping with theirmembers?

� examined the accident book and sickness records?

� produced written reports and discussed these withmembers?

� met with management and agreed priorities for COSHHrisk assessments to be carried out?

� made sure that safety representatives and workers areinvolved in the assessment process?

� checked that all operations involving substances havebeen covered?

� agreed priorities for action with management, with atimetable for improvements?

� made sure that assessments are not seen as an end inthemselves? The value of an assessment is to identifyareas where work can be made healthier and safer

� ensured that management has taken appropriate steps toprevent ill health to employees, using the COSHHstandards that were outlined above?

� helped any members who have suffered from ill healthbecause of substances to obtain advice from their unionabout compensation and rights to benefits?



HAZARDS AT WORK

WHAT CAN SAFETY REPRESENTATIVESDO?Safety representatives should check that theiremployer is implementing the COSHH Regulations2002 (as amended), and fully involving safetyrepresentatives in implementation.

The TUC encourages safety representatives to usetheir rights under the SRSC Regulations to engage inthe COSHH assessment process (see Checklist onpage 118).

Keep the workforce informed and involvedWorkers are concerned if they think they areworking with hazardous substances. Safetyrepresentatives can:

� give them the facts about hazardous substances

� discuss whether management plans are adequate

� provide an opportunity for workers toexpress/register their concerns – by holding meetings,conducting surveys and using body mapping and riskmapping techniques

� inspect the workplace regularly, and

� encourage workers to report problems tomanagement and safety representatives

Safety representatives should report theirconcerns and those of their members tomanagement in writing. Use Chapter 7 above forideas on how you can make sure that managementget things done.

Introduction to the COSHH Regulations 2002“Proper consultation with those who do the work iscrucial in helping to raise awareness of the importance ofhealth and safety. It can make a significant contribution tocreating and maintaining a safe and healthy workingenvironment and an effective health and safety culture. Inturn, this can benefit the business by making it moreefficient by reducing the number of accidents and theincidents of work-related ill health. Employers mustconsult safety representatives appointed by recognisedtrade unions under the Safety Representatives and SafetyCommittees Regulations 1977.”

Risk management Safety representatives should urge their employer toimplement fully the COSHH Regulations 2002 (asamended). Ensure that the employer prepares andimplements a plan to manage the risks. Safetyrepresentatives should:

� be involved by management in the process oftackling hazardous substances

� monitor how management is following its plan

� keep the workforce informed of progress

Risk assessmentsSafety representatives should ask for copies of therisk (COSHH) assessments that the employer hasdone to check that they are preventing exposure tohazardous substances, and make sure that theiremployer is notifying them of any cases of suspectedill health within the workplace. Where controlmeasures are in place then safety representatives cancheck that they are being adhered to and maintainedand also that they are being effective in preventing illhealth.

Training and informationSafety representatives should monitor that wherethere are potential risks, their employer has given alltheir workforce appropriate training and informationon both the symptoms of ill health and how to avoidit. In addition, a system of health surveillance shouldbe in place wherever there are risks.

COSHH Essentials“Safety representatives are in a unique position in theworkplace to help improve standards of workplace healthand safety. Whether or not your employer is aware ofCOSHH, you might use COSHH Essentials in a range ofways, for example:� raise it with the workplace safety committee� help work through it for the chemicals used in yourworkplace to identify the right controls� contribute to the firm’s COSHH risk assessment andencourage debate to improve control measures andworker information and training� encourage its use to review existing COSHHassessments as necessary”

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Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 63: Reproductive Health at Work: Women� No. 61: Body Mapping: Body of Evidence� No. 54: Cancer and Occupation� No. 53: Toxics Use Reduction� No. 41: Solvents and Brain Damage� No. 40: Multiple Chemical Sensitivity� No. 39: Asthma and Work� No. 37: Fumes from Burning Plastic� No. 33: Cutting Fluids/Machining Fluids� No. 31: Substitution of Hazardous Substances� No. 23: Wood Preservatives� No. 22: Pesticides Safety� No. 16: Chemical Exposure Standards� No. 12: Textile Chemical Hazards� No. 11: Polychlorinated Biphenyls� No. 7: Diesel Exhaust Fumes£1.50 each for union subscribers. £6 for non-subscribers


HSE COSHH Essentials websiteThe HSE has a specific web page giving advice oncontrolling the use of chemicals for a range ofcommon tasks at www.coshh-essentials.org.uk/

HSE COSHH websiteThe HSE has a specific web page which drawstogether HSE information on controlling hazardoussubstances in one place at:www.hse.gov.uk/coshh/index.htm

HSE LEV websiteLocal exhaust ventilation advicewww.hse.gov.uk/lev/index.htm

HSE priced and free publications on hazardoussubstances� For all the latest documents containing generalstandards and guidance on hazardous substances, goto the HSE web page www.hse.gov.uk/coshh/index.htm

� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

International Agency for Research on CancerNews and resources at www.iarc.fr/

Labour Research Department (see Section 6.2 forcontact details)� Hazardous Substances at Work: A SafetyRepresentative’s Guide £4.25

London Hazards Centre (see Section 6.2 for contactdetails)� The Chemical Hazards Handbookwww.lhc.org.uk/members/pubs/books/chem/chAAAAAA.htm� Chemical Safety Legislationwww.lhc.org.uk/members/pubs/factsht/DH93_FS.pdf � Formaldehydewww.lhc.org.uk/members/pubs/factsht/82fact.htm

Pesticide Action NetworkNews and resources at www.pan-uk.org/

TUC (see Section 6.1 for contact details)� Occupational Cancer: a workplace guidewww.tuc.org.uk/extras/occupationalcancer.pdf � TUC Web pages on Chemicalswww.tuc.org.uk/h_and_s/index.cfm?mins=332� REACH – a TUC Briefing for Safety Representativeswww.tuc.org.uk/h_and_s/tuc-12870-f0.cfm � Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on chemicals anddusts. The website addresses of all trade unions areon the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union, or visit your union’s websiteto find out if it produces any guidance. For example,BFAWU produces a guide to COSHH atwww.bfawu.org/hands_bg.php and Unite has a bookleton hazardous substances atwww.unitetheunion.com/pdf/hazardous%20subs.pdf

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SECTION 4 CHAPTER 22 – CONSTRUCTION

HAZARDS AT WORK 121

BASIC FACTS ABOUT CONSTRUCTIONThe construction industry is hugely diverse. It covers amultiplicity of activities from domestic extensions,through refurbishment and development of brownfieldsites, to major infrastructure projects. It also includesthose involved in the maintenance of buildings, roads,railways and other structures. Businesses range frommultinationals to one-person enterprises. More than 2.2million people work in the industry, including manuallabourers, skilled tradespersons, managers, engineers andvarious professionals. Contracting relationships may becasual, occasional or long-term partnering.

This varied employment picture is one reason why theindustry has huge health and safety management andperformance problems. UK building sites are big dangerzones for workers. In an average year, constructionworkers are approximately six times more likely to bekilled at work than most other workers. In the last 25years, 2,800 people have been killed on constructionsites or as a result of construction activities. Each year ittops the work fatalities list, accounting for more than aquarter of all workplace deaths.

The shocking number of deaths each year –between one and two per week – does not include thethousands more who suffer severe injuries or end theirworking lives in pain caused by chronic back injuriesand other musculo-skeletal disorders, asbestos-relateddiseases, respiratory or dermatological problems andother work-related health problems.

Revitalising health and safetyDespite industry commitments to reduce theunacceptable level of fatalities in construction, littleprogress has been made. There were 72 fatalities in2007/08. In December 2008 the Government formallylaunched an inquiry into construction fatalities. Chairedby a former head of ACAS, the Inquiry was set upfollowing dedicated lobbying from construction unionsand others over the persistently high number of deaths inthe construction industry. It is expected to report by theend of June 2009. Construction union UCATT is alsourging the inquiry to examine how issues such as bogusself-employment, casualisation, gangmasters andblacklisting affect site safety.

In April 2009, following a sustained campaignresulting from a number of high profile tower cranecollapses in which eleven people were killed, theSecretary of State for Work and Pensions announcedthe creation of a statutory register for tower cranes.This register will include details of the crane’s age,location and ownership. There will be additional

consultation to establish what other informationshould be recorded. The statutory register will beestablished by April 2010. Trade unions continue tocampaign for the introduction of an MOT test for allcranes over 10 years old, and for a specificqualification for crane erectors.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations ofgeneral application apply to construction. Duties canbe found in the following chapters of Hazards at Work:




� Control of Asbestos Regulations 2006 – Chapter 17

� Control of Substances Hazardous to HealthRegulations 2002 – Chapter 21

� Electricity at Work Regulations 1989 – Chapter 27

� Manual Handling Operations Regulations 1992 –Chapter 32

� Control of Noise at Work Regulations 2005 –Chapter 34

� Vibration at Work Regulations 2005 – Chapter 34

� Personal Protective Equipment at WorkRegulations 1992 – Chapter 36

� Work at Height Regulations 2005 – Chapter 37

� Provision and Use of Work EquipmentRegulations 1998 – Chapter 43

� Lifting Operations and Lifting EquipmentRegulations 1998 – Chapter 43


� The Health and Safety (First-Aid) Regulations1981 – Chapter 50

Some laws that relate closely to construction aresummarised below. Work in confined spaces relatesto wider industries and workplaces than justconstruction, but a summary of the law is includedin this chapter for convenience.

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THE CONSTRUCTION (DESIGN ANDMANAGEMENT) REGULATIONS 2007

The Construction (Design and Management)Regulations 2007 (CDM 2007) came into force on6 April 2007. The new CDM Regulations reviseand bring together the previous CDM 1994 andthe Construction (Health Safety and Welfare)(CHSW) Regulations 1996 into a single regulatorypackage. CDM 2007 is supported by an ApprovedCode of Practice (ACoP) and industry-approvedguidance. It is beyond the scope of this book toreproduce all the main requirements of CDM2007. For the full text of CDM 2007, go to theOffice of Public Sector Information web page atwww.opsi.gov.uk/si/si2007/20070320.htm In addition,the Construction (Design and Management)Regulations 2007 Approved Code of Practice(L144) provides practical guidance on complyingwith the duties set out in the Regulations. A verybrief summary of some of the main requirementsare listed below.

The key aim of CDM 2007 is to integrate healthand safety into the management of the project andto encourage everyone involved to work togetherto:

� improve the planning and management ofprojects

� identify risks early on, and

� target effort where it can do the most good interms of health and safety

These Regulations are intended to focus planningand management throughout construction projects,from design concept onwards. Health and safetyconsiderations should be treated as an essential,but normal part of a project’s development – notan afterthought or bolt-on extra.

Parts 2 and 3: CDM 2007Parts 2 and 3 of CDM 2007 set out duties inrespect of the planning, management andmonitoring of health, safety and welfare inconstruction projects and of the co-ordination ofthe performance of these duties by dutyholders.Duties applicable to all projects, including dutiesof clients, designers and contractors, are set out inPart 2. These include a duty on every personworking under the control of another to reportanything that he is aware is likely to endangerhealth or safety (Regulation 5(2)).

Part 3 imposes additional duties on clients,designers and contractors (Regulations 14 to 19)where the project is notifiable, defined as likely toinvolve more than 30 days or 500 person days ofconstruction work (Regulation 2(3)). These include

the duty of the client to appoint a CDM co-ordinator and a principal contractor (Regulation14), whose particular duties are then set out(Regulations 20 to 24).

The changes which Parts 2 and 3 make incomparison with the Construction (Design andManagement) Regulations 1994 include thefollowing:

� All dutyholders under the Regulations are to co-operate with any other person at work on the sameor any adjoining site in enabling one another toperform their duties (Regulation 5)

� All dutyholders under the Regulations are to co-ordinate their activities to ensure so far as isreasonably practicable the health and safety ofpersons carrying out or affected by theconstruction work (Regulation 6)

� All dutyholders under the Regulations are to takeaccount of the general principles of prevention inSchedule 1 to the Management of Health andSafety at Work Regulations 1999 in theperformance of their duties and in the carrying outof the construction work (Regulation 7)

� The client is under a duty to take reasonablesteps to ensure that arrangements for managing theproject that are suitable to ensure that constructionwork can be carried out so far as is reasonablypracticable without risk to health and safety aremade and maintained by dutyholders (Regulation9)

� The threshold for notification of a constructionproject is now also the point at which dutiesincluding the making of appointments by the clientand the duties of the persons so appointed arise(Regulations 14 to 24)

� The former appointment of a planning supervisoris now replaced by that of the CDM co-ordinatorwith enhanced duties, in particular in relation toassisting the client and to the co-ordination ofhealth and safety measures (Regulations 20 and21)

� The former duty of the planning supervisor toprepare a health and safety plan has been replacedby that of the principal contractor to prepare aconstruction phase plan (Regulation 23)

Part 4: CDM 2007Part 4 sets out duties applicable to all contractorsor to others controlling the way in whichconstruction work is carried out (Regulation 25(1)and (2)) in respect of measures to be taken toensure specified aspects of health and safety and toprevent danger from a number of specifiedhazards. These include:



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� suitable and sufficient safe access to and egressfrom every place of work and to and from everyother place provided for the use of any personwhile at work, which access and egress to beproperly maintained (Regulation 26)

� every part of a construction site to be kept ingood order and every part of a construction sitewhich is used as a place of work to be kept in areasonable state of cleanliness (Regulation 27)

� steps to be taken where necessary to preventdanger to any person, to ensure that any new orexisting structure or any part of such structurewhich may become unstable or in a temporarystate of weakness or instability due to the carryingout of construction work does not collapse(Regulation 28)

� the demolition or dismantling of a structure, orpart of a structure, shall be planned and carriedout in such a manner as to prevent danger or toreduce danger to a low level (Regulation 29)

� explosives to be stored, transported and usedsafely and securely (Regulation 30)

� steps to be taken to prevent danger to any personfrom excavations (Regulation 31)

� every cofferdam or caisson to be of suitabledesign and construction; appropriately equipped sothat workers can gain shelter or escape if water ormaterials enter it; and properly maintained(Regulation 32)

� preparation of reports of inspections in relationto Regulations 31 and 32 (Regulation 33)

� energy distribution installations to be suitablylocated, checked and clearly indicated Regulation34)

� where in the course of construction work anyperson is liable to fall into water or other liquidwith a risk of drowning, suitable and sufficientsteps shall be taken to prevent such a person fromfalling; to minimise the risk of drowning in theevent of such a fall; and to ensure that suitablerescue equipment is provided, maintained and,when necessary, used so that such person may bepromptly rescued in the event of such a fall(Regulation 35)

� every construction site to be organised in such away that pedestrians and vehicles can move safelyand without risks to health (Regulation 36)

� suitable and sufficient steps to be taken toprevent or control the unintended movement ofany vehicle (Regulation 37)

� suitable and sufficient steps to be taken to

prevent the risk of injury to any person during thecarrying out of construction work arising from fireor explosion; flooding; or any substance liable tocause asphyxiation (Regulation 38)

� preparation and implementation of suitable andsufficient arrangements for dealing with anyforeseeable emergency, including procedures fornecessary evacuation of the site or any part of thesite (Regulation 39)

� provision of a sufficient number of suitableemergency routes and exits to enable any person toreach a place of safety quickly in the event ofdanger (Regulation 40)

� provision of suitable and sufficient fire-fightingequipment; and fire detection and alarm systems;which shall be suitably located (Regulation 41)

� suitable and sufficient steps to be taken toensure that every place of work has sufficientfresh or purified air to ensure that the place orapproach is safe and without risks to health(Regulation 42)

� suitable and sufficient steps to be taken to ensurethat during working hours the temperature at anyplace of work indoors is reasonable having regardto the purpose for which that place is used. Everyplace of work outdoors to be so arranged thathaving regard to the purpose for which that placeis used and any protective clothing or workequipment provided for the use of any person atwork there, it provides protection from adverseweather (Regulation 43)

� every place of work, approach and every trafficroute to be provided with suitable and sufficientlighting (Regulation 44)

Schedule 2 of CDM 2007Schedule 2 of CDM 2007 specifies therequirements for welfare facilities that are theresponsibility of clients (Regulation 9 (1) (b)),principal contractor (Regulation 22 (1) (c)) andcontractors (Regulation 13 (7)). The requirementsfor welfare facilities include:

� suitable and sufficient sanitary conveniences

� suitable and sufficient washing facilities,including showers if required by the nature of thework or for health reasons

� an adequate supply of wholesome drinking water

� suitable and sufficient rest rooms or rest areas

(For detailed guidance about responsibilities underthe CDM Regulations 2007 go to the HSE websiteat: www.hse.gov.uk/construction/cdm.htm



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CONSTRUCTION (HEAD PROTECTION)REGULATIONS 1989

Regulation I defines what is meant by “suitable”head protection – it is that which:

� is designed to provide protection so far as isreasonably practicable against a foreseeable risk ofhead injury

� fits the wearer, after suitable adjustment

� is suitable for the activity in which the wearermay be engaged

Regulation 3 states that each employer mustprovide suitable head protection for eachemployee, and must ensure that it is properlymaintained and replaced whenever necessary.Head protection provided must comply withEuropean legislation implementing provisions ondesign or manufacture. Before choosing headprotection, an employer or self-employed personmust make an assessment to determine whether itis suitable, covering:

� the definition of the characteristics which headprotection must have in order to be suitable

� comparison of the protection available with theabove characteristics

The assessment must be reviewed if:

� there is reason to suspect it is no longer valid or

� there has been a significant change in the workto which it relates

Every employer and self-employed person mustensure that appropriate accommodation is availablefor head protection when it is not being used.

Regulation 4 states that every employer is toensure, so far as is reasonably practicable, thateach employee wears suitable head protection,unless there is no foreseeable risk of injury to thehead other than by falling. Every person, employer,employee or self-employed person who has controlover someone else is also responsible for seeingthat the head protection is worn where there is aforeseeable risk of injury (except from falling).

Regulations 6 and 7 provide that every employee orself-employed person who is required to wearsuitable head protection:

� shall make full and proper use of it

� takes all reasonable steps to return it to theaccommodation provided for it after use

� takes reasonable care of it, and reports loss ordamage to their employer without delay

THE CONFINED SPACES REGULATIONS 1997

The Confined Spaces Regulations 1997 apply to awide range of industries in the UK includingconstruction.

A confined space can be any space of an enclosednature where there is a risk of death or serious injuryfrom hazardous substances or dangerous conditions(for example, lack of oxygen). Some places onlybecome ‘confined spaces’ when work is carried out,or during construction, maintenance or modification.

Dangers can arise because of:

� a lack of oxygen

� poisonous fumes, gas or vapour

� liquids and solids which can suddenly fill thespace or release gases into it

� fire and explosions

� residues in tanks or vessels or which impregnateinternal surfaces

� dust

� heat

If the risk assessment shows a risk of injury fromwork in confined spaces, then the following keyduties are identified:

� avoid entry to confined spaces, for example, bydoing the work from outside

� if entry to a confined space is unavoidable, a safesystem of work should be followed

� adequate emergency arrangements should be putin place before work starts



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HSE guidance on work in confined spacesThe HSE guidance note Safe Work in ConfinedSpaces (INDG258) suggests that the following stepsshould be taken:

Avoiding entryA check should be made to see if the work can bedone in another way so that entry or work inconfined spaces is avoided. Better work-planning ora different approach can reduce the need forconfined space working. Could:

� the confined space be modified so that entry isnot necessary?

� the work be done from outside?

Safe systems of workIf entry into a confined space cannot be avoided,then a safe system of work must be instituted. Therisk assessment will help to identify the necessaryprecautions. Some of the essential elements include:

� appointment of a supervisor

� selection of suitable persons for the work

� physical isolation of pipe-work, etc. if gas fumesor vapour could enter

� cleaning before entry to ensure that fumes do notdevelop from residues

� checking the size of the entry to allow workers wearingall the necessary equipment to climb in and out easily

� provision of ventilation

� testing the air to ensure it is free from toxic andflammable vapours

� provision of special tools and specially protectedlighting where flammable or potentially explosiveatmospheres are likely

� provision of breathing apparatus where the airinside the space cannot be made fit to breathe

� preparation of emergency arrangements

� provision of rescue harnesses

� provision of an adequate communications system

� ensuring that someone can raise the alarm if aproblem arises

� consideration of a permit to work

Emergency proceduresEffective arrangements for raising the alarm and carryingout rescue operations are essential. These may include:

� emergency communications from inside theconfined space

� provision of rescue and resuscitation equipment

� rescuers who are properly trained, fit, availableand capable of using emergency equipment

The full HSE text of Safe Work in Confined Spaces(INDG258) can be found atwww.hse.gov.uk/pubns/indg258.pdf

WHAT CAN SAFETY REPRESENTATIVES DO?Safety representatives can check that their employeris observing their responsibilities under the:

� Construction (Design and Management)Regulations 2007

� Confined Spaces Regulations 1997, Work at HeightRegulations 2005 and other relevant Regulations

Keep the workforce informed and involvedSafety representatives can keep the workforceinformed and involved by:

� discussing whether management plans andprocedures are adequate

� providing an opportunity for workers toexpress/register their concerns – by holding meetings,conducting surveys and using body mapping and riskmapping techniques


� encouraging workers to report problems tomanagement and safety representatives


Risk managementSafety representatives should urge their employer tofully implement the Construction (Design andManagement) Regulations 2007 and prepare andimplement a plan to manage the risks. Safetyrepresentatives should:

� be consulted by management

� monitor how management is following its plan

� keep the workforce informed of progress

Risk assessmentsSafety representatives should ask for copies of the riskassessments that the employer has done to ensure thatthey are preventing and controlling the hazards, andmake sure that their employer is fully consulting them.Where control measures are in place then safetyrepresentatives should check that they are beingadhered to and maintained and also that they areeffective in preventing injuries and ill health.

Training and informationSafety representatives should check that where thereis any potential risk, their employer has given all


their workforce appropriate training and information. There are many migrant workers working in the

construction industry where communications andinformation about health and safety is a seriousissue. One of the unions representing constructionworkers has been taking steps to tackle this inpartnership with local Further Education Colleges.

Checklist

Inspection checklist for trade union safetyrepresentatives

Adapted from HSE guidance on health and safety forcontractors (INDG268)

Does your employer:

� communicate with the client, planning supervisor,designer, principal and other contractors, safetyrepresentatives and workers?

� do this before work starts?

� as work progresses?

� if significant changes need to be made?

� control and co-ordinate the work?

� ensure everyone knows who is in control andco-ordinate the work and the risks that might arise?

� ensure that department heads, managers andsupervisors understand their responsibilities?

� ensure that workers know what they must do andhow they will be supervised?

� co-operate with others?

� ensure that one contractor’s work does not adverselyaffect the work of others?

� agree responsibilities in advance of the work?

� consult workers and safety representatives and involvethem in the planning and monitoring of thecontracting work?

� check out competence?

� ensure that contractors, self-employed persons andworkers have the necessary skills, training andexperience to carry out all tasks safely?

� provide workers with the relevant health and safetyinformation, instruction and training for the job to bedone?

� ask for advice and information where needed?

The full HSE guide Use of contractors: A jointresponsibility INDG 368www.hse.gov.uk/pubns/indg368.pdf


Construction Industry Training Board� News and resources on health and safety trainingin construction www.citb.co.uk/health_safety/

Construction Skills Certification Scheme� News and resources about the CSCS card Tel: 0870 4178777 www.cscs.uk.com/

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 9: Scaffolding Safety Checklist� No. 4: Construction Health Hazards£1.50 each for union subscribers, £6 for non-subscribers


HSE CDM 2007 website� The HSE has a specific web page which drawstogether HSE information on CDM 2007 in oneplace at www.hse.gov.uk/construction/cdm.htm

HSE construction websiteThe HSE has a specific web page which drawstogether HSE information on construction in oneplace at www.hse.gov.uk/construction/index.htm

HSE falls from height websiteThe HSE has a specific web page which drawstogether HSE information on falls from height in oneplace at www.hse.gov.uk/falls/index.htm

HSE priced and free publications on construction� For all the latest documents containing generalstandards and guidance on construction, go to theHSE web page www.hse.gov.uk/construction/information.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787 881165

London Hazards Centre (see Section 6.2 for contactdetails)� The Daily Hazard frequently contains articlesabout construction www.lhc.org.uk/members/dhazind.htm

Office of Public Sector InformationWebsite with the new Construction (Design andManagement) Regulations 2007www.opsi.gov.uk/si/si2007/20070320.htm

Simon Jones Memorial Campaignwww.simonjones.org.uk


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TUC (see Section 6.1 for contact details)� The TUC construction web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=261� TUC construction information sheet on asbestoswww.tuc.org.uk/h_and_s/tuc-8702-f0.cfm� TUC construction information sheet on electricalsafety www.tuc.org.uk/h_and_s/tuc-8703-f0.cfm� TUC construction information sheet on welfareprovision www.tuc.org.uk/h_and_s/tuc-8707-f0.cfm� TUC construction information sheet on vehiclesafety www.tuc.org.uk/h_and_s/tuc-8706-f0.cfm� TUC construction information sheet on vibrationwhite finger www.tuc.org.uk/h_and_s/tuc-8705-f0.cfm� TUC construction information sheet on falls fromheights www.tuc.org.uk/h_and_s/tuc-8704-f0.cfm� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on constructionhazards. The website addresses of all trade unionsare on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm. Hazards magazinehas listed the health and safety pages of most tradeunions at www.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s website tofind out if it produces any guidance. For example,UCATT produces a variety of resources relevant toconstruction work at www.ucatt.org.uk/health_safety.htmand Unite has produced a variety of leaflets, such asConcrete Burns, Asbestos and MDF – What is it? TheNUT produces a leaflet Safety During ConstructionWork in Schools


BASIC FACTS ABOUT CONTRACTORSThe structure of the British economy has changedconsiderably over the last 30 years and this hasinfluenced the health and safety risks faced byworkers. Some of the key changes have included:

� the privatisation of public sector services andstate enterprises

� the promotion of policies like Best Value, whichhave pushed local councils towards furtherprivatisation

� the downsizing of large organisations

� the contracting out of support activities

� a sharp growth in small and medium sizedenterprises and the self-employed

� the casualisation of the labour market

This has resulted in many more contractors inworkplaces. In the latest guidance from the HSE, Useof Contractors: A Joint Responsibility, the HSEdefines a contractor as “anyone brought in by aclient to work at the client’s premises, who is not anemployee of the client”. A client is defined as “anyemployer in the public or private sector who usescontractors”.

As part of the flexible workforce, employers areseeing contractors as central to their plans torespond to fluctuations in demand and also to cutcosts. In many industries, whole sections of work aredone by private contractors. For example:

� catering, cleaning, maintenance, warehousedistribution, etc. in private industry

� refuse collection, school meals, street cleaning,community services in local government services

� cleaning, catering and laundry services in healthauthorities

� labour-only subcontracting, particularly in theconstruction industry

Contracting companies and hazards at workThroughout the economy, it has been assumed thatthe use of contractors is linked with increasedinjuries. Health and safety management systems forcontractors are often poor or non-existent. The jobsthat contractors do can be particularly risky becausethey have to be done on sites and in situations which

are unfamiliar. Incidents often happen becausecontractors do not know about the dangers on site,and the client’s employees do not know thatcontractors are working nearby.

Today a typical workplace might consist of a mixof small contractors, sub-contractors and employeesof the client. When several contractors work side byside, there is a risk of uncertainty about who isresponsible for providing information and trainingon health and safety. Effective co-ordination in thesecircumstances is often lacking, with confusion aboutwho is responsible for health and safety issues. Thereshould be a clear understanding about respectivehealth and safety responsibilities in a contractingchain or employment relationship.

In 2007, the Fourth European WorkingConditions Survey by the European Foundation forthe Improvement of Living and Working Conditionsidentified that one quarter of all workers work atleast some of the time outside their company’spremises. They tend to associate such work with ahigher level of risk to their health and safety. For thefull findings of the report go towww.eurofound.europa.eu/pubdocs/2006/98/en/2/ef0698en.pdf

Private contractors, public services and tradeunionsThe importance of involving unions in health and safetyis highlighted by evidence which shows that whereunion safety representatives are consulted and a safetycommittee is working, serious injury rates are less thanhalf what they are in workplaces with neither. One ofthe public sector unions, UNISON, conducted a surveyin 2003 that covered 134 public authorities and 136private contractors. The survey results appear in aUNISON report, Safety Compromised? HowContracting Out is Bad for Health and Safety (seeFurther Information below for more details). The reportshowed that private contractors consistently trailedbehind public authority employers when it came totheir record on health and safety and involvement oftrade union safety representatives.

Some of the main points of the UNISON surveyincluded:

� 96 per cent of the public authority employers hada joint health and safety committee (JHSC), comparedwith only 21 per cent of the private contractors.

� JHSCs within the public authority employers werefar more likely to meet regularly. 73 per cent of thepublic authority JHSCs meet between three and six

SECTION 4 CHAPTER 23 – CONTRACTORS

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times per year, compared with only 48 per cent of theprivate contractors’ JHSCs. Almost a third (28 per cent)of the contractors met only one or two times per year,compared with only 5 per cent of the authority JHSCs.

� 96 per cent of authorities had trade union safetyrepresentatives in their employment compared withonly 22 per cent of contractors.

� Public authority employers were also far better atmeeting their legal duty to give paid time off forsafety representative training and duties (an averageof 96 per cent), compared with an average of only23 per cent of contractors.

� With the provision of information, 93 per cent ofauthorities fulfilled their legal obligation at leastsome of the time, whereas only 27 per cent of thecontractors did.

� Contractors performed quite well with therequirement to have a general health and safetypolicy (87 per cent) but were still bettered by thepublic authorities at 98 per cent.

� Only 63 per cent of contractors had carried out arisk assessment despite a legal requirement to assessall workplace hazards, compared with 91 per cent ofauthorities.

� 95 per cent of the authorities met the legalrequirements to display the workplace fire procedureand the health and safety law poster, compared withan average 81 per cent of the contractors.

� Both employer types fared badly in displayingtheir insurance liability certificate, but the publicauthorities were marginally better at 66 per centcompared with 60 per cent.

UNISON concluded that when contracts go out, therisks to workers go up. They urged employers in thepublic sector to consider the health and safety recordof contractors before they award contracts, andensure that they stick to strict health and safetyrequirements during the life of the contract.UNISON also called for greater enforcement ofexisting laws against contractors who flout them.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations ofgeneral application apply to contractors. Duties can befound in the following chapters of Hazards at Work:

� SRSC Regulations 1977 – Chapter 3, withreference to safety representatives’ rights andconsultation



� Control of Asbestos Regulations 2006 – Chapter 17

� Construction (Design and Management)Regulations 2007 – Chapter 22

� Confined Spaces Regulations 1997 – Chapter 21

� Control of Substances Hazardous to HealthRegulations 2002 – Chapter 21

� Electricity at Work Regulations 1989 –Chapter 27

� Manual Handling Operations Regulations 1992 –Chapter 32

� Control of Noise at Work Regulations 2005 –Chapter 34

� Vibration at Work Regulations 2005 –Chapter 34

� Personal Protective Equipment at WorkRegulations 1992 – Chapter 36

� Work at Height Regulations 2005 – Chapter 37




HSE guidance on use of contractorsThe legal and other standards referred to above arewell summarised by the HSE in its publication Useof Contractors: A Joint Responsibility INDG 368www.hse.gov.uk/pubns/indg368.pdf. The principlesoutlined below are based upon this guidance:

ResponsibilitiesWork undertaken for a client by a contractor isusually covered by a civil contract. It is good practicefor health and safety requirements to be written intosuch a contract. However, health and safetyresponsibilities are defined by the criminal law andcannot be passed on from one party to another by acontract.

In any client–contractor relationship, both partieswill have duties under health and safety law.Similarly, if the contractor employs sub-contractorsto carry out some or all of the work, all parties willhave some health and safety responsibilities.

Identify the jobClients need to identify clearly all aspects of thework that they want the contractor to do, and thehealth and safety implications. This will involve:

� selecting someone suitable to do the job

� assessing the risks

� deciding what information, instruction andtraining is required


� how co-operation and co-ordination between allparties is achieved

� how the workforce is to be consulted

� the level of supervision and management that isrequired

Select a suitable contractorClients need to satisfy themselves that contractorsare competent to do the job safely and without risksto health. They should ask the contractor:

� what experience they have in the type of work tobe done

� what their health and safety policies and practicesare

� about their recent health and safety performance(number of accidents, etc.)

� what qualifications and skills they have

� their selection procedure for sub-contractors

� for their safety method statement

� what health and safety training and supervisionthey provide

� their arrangements for consulting the workforce

� if they have an independent assessment of theircompetence

� if they are members of a relevant trade orprofessional body

� whether they or their employees hold a ‘passportin health and safety training’

� for evidence to support their answers to the abovequestions

Contractors need to know and understand what theclient expects of them; the client’s health and safetypolicy, procedures, permit systems; and to committhemselves to act in accordance with these.

Select a suitable sub-contractorThe selection of any sub-contractors is probably bestleft to the contractor. Clients must, however, satisfythemselves that a contractor has an effectiveprocedure for appraising the competence of a sub-contractor.

Assess the risks of the workA risk assessment should be made and both theclient and contractor should be party to it. The clientshould already have a risk assessment for the workactivities of their own business. The contractor mustassess the risks for the contracted work and thenboth parties must get together to consider those risksfrom each other’s work that could affect the healthand safety of the workforce or anyone else.

The client and the contractor need to agree therisk assessment for the contracted work and thepreventive and protective steps that will apply whenthe work is in progress. If sub-contractors areinvolved, they should also be part of the discussionand agreement.

Information, instruction and trainingClients, contractors and sub-contractors mustprovide their employees with information,instruction and training on anything which mayaffect their health and safety.

All parties need to consider what informationshould be passed between them and agreeappropriate ways to make sure this is done. Theyneed to exchange clear information about risksarising from their operations, including relevantsafety rules and procedures, and procedures fordealing with emergencies. This exchange ofinformation should include details of any risks thatother parties could not reasonably be expected toknow about. The information must be specific to thework.

Instruction and training will need to take accountof the risks from their own and each other’s work.

Co-operation and co-ordinationIn any client–contractor relationship, there must beco-operation and co-ordination between all parties.The client should set up liaison arrangements withall parties, taking the form of regular meetings orbriefings. Liaison is particularly important wherevariations of the work are proposed or where morethan one contractor or sub-contractor is engaged.

Consulting the workforceClients, contractors and sub-contractors mustconsult their employees on health and safety matters.Where there are recognised trade unions,consultation should be with safety representatives.However the workforce is represented, it should bepart of the liaison arrangements set up by the clientand should be involved from the outset.

Management and supervisionClients must decide what they need to do to manageeffectively and supervise the work of contractors.The more impact the contractor’s work could haveon the health and safety of anyone likely to beaffected, the greater the management and supervisoryresponsibilities of the client. Clients will also havegreater management and supervisory responsibilitieswhere they know more about the health and safetyimplications of the contracted work than thecontractor. In all circumstances, clients needsufficient knowledge and expertise to manage andsupervise the contracted work. It is essential that thenature of the controls exercised by the client isagreed before the work starts. An important part ofthis is the arrangements for the selection and controlof any sub-contractors.


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Clients should agree how the work will be doneand the precautions that will be taken. Relevantissues include:

� what equipment should or should not be workedon/used

� what personal protective equipment should beused and who will provide it

� working procedures, including any permits towork

� the number of people needed to do the job

� reporting of accidents and safekeeping of recordsand plans

Clients, contractors and sub-contractors shouldmonitor their health and safety performance. Thismeans checking:

� whether the risk assessment is up to date and

� that control measures are working

Clients should make periodic checks on thecontractor’s performance to see if the work is beingdone as agreed. Contractors and sub-contractorsshould carry out daily checks to see that what shouldbe done is being done.

Some work-related accidents, diseases anddangerous occurrences have to be reported to theenforcing authorities. It is good practice toinvestigate all injuries, cases of work-related illhealth and near misses to find out what went wrongand why they were not prevented. Clients,contractors and sub-contractors should share thelessons learned from monitoring and investigationswith each other and with all the workforce.

If health and safety requirements are not being met,clients, contractors and sub-contractors should findout why and put matters right. If health and safetyperformance is not brought up to requirements, theclient will need to stop the contractor working on thejob until requirements can be met.

A review should take place after completion to seeif performance could be improved in the future.

The full text of the HSE guide Use of Contractors:A Joint Responsibility (INDG368) can be found atwww.hse.gov.uk/pubns/indg368.pdf

Contractor health and safety assessmentscheme (CHAS) Over the years local authority health and safety andprocurement professionals, with the support of theHealth and Safety Executive, have developed theContractor Health and Safety Assessment Scheme(CHAS). The Scheme is available for use by anypublic and private sector organisations to use whenshortlisting contractors, suppliers and consultants(companies) who apply to work for them. It providesinformation about the health and safety part of theirapplication. Companies apply to join the Scheme so

everyone knows they meet acceptable standards ofhealth and safety compliance. Clients from both thepublic and private sectors are users of the Schemeand CHAS database.

The TUC endorses the scheme and has played animportant part in its development.

Participating in the CHAS Scheme helps bothcompanies and employers:

� It makes sure a company is compliant withimportant parts of health and safety law.

� It means members do not have to repeat the effortof assessing health and safety compliance ofapplications for companies who have already beenassessed to CHAS standards.

� Companies do not have to undergo health andsafety assessments every time they apply to one ofour clients for work – clients will know they havebeen successfully assessed before.

� It will get rid of inconsistency where somecontractors may be judged compliant by oneemployer but not others.

It is important to note the Contractors Health andSafety Assessment Scheme is not an approved orselect list of contractors, and should not be used it inthat way.

Every month there are thousands of companiesapplying for select lists managed by public sectororganisations (such as councils, housing associations,NHS trusts and fire services) and other companies.To get on a list applicants must meet their clientstandards for placement in areas such as technicalability, equalities, insurance cover, environment andhealth and safety. Assessing contractors is usually alengthy process, particularly when it comes to healthand safety.

Many companies apply to more than one of theseorganisations; this means duplication of effort forboth them and the assessors. Companies cansometimes pass health and safety assessments and besuccessful at getting on one list but fail to get onanother. This leads to understandable frustration forthem. The CHAS Scheme works on a logic that acompany that has successfully achieved compliancewith one organisation is acceptable to all.

Since the Scheme started, four out of five smalland medium-sized contractors will fail their firstassessment – an indication of general poorcompliance in SMEs. The CHAS Assessment makessure applicants have compliance with basic healthand safety law and they have demonstrated they canadequately manage health and safety. A fundamentalprinciple of the Scheme is to help any company toimprove its safety management should it fail.Guidance is given on any areas of weakness andopportunity for improvement is provided. Usually,companies reapply and achieve compliance. The failrate at reassessment decreases to about one in five.


This system means member organisations providesignificant help to small local businesses to improvetheir standards of health and safety compliance andmanagement.

The CHAS Scheme is not an assessment systemthat will make sure all companies are fullycomplying with every aspect of health and safetylaw. The purpose is to provide assessment criteriathat safety professionals can use for the health andsafety element of a prequalification application. TheScheme assesses a company’s:

� health and safety policy statement

� organisation for health and safety

� specific health and safety arrangements to astandard acceptable to client users

Selecting a company that has demonstratedcompliance with these standards helps a client makesure that it complies with health and safety law. Aclient organisation assessing a company can add itsown criteria that will then exceed the CHASstandard.

Full details of the CHAS Assessment Scheme canbe found on the CHAS website (see details in FurtherInformation below).

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to deal with contractors atwork.

CompetencyThe service of a competent contractor with aproven safety record is fundamental to any riskcontrol programme. Before hiring contractors,employers should consult safety representatives ‘ingood time’. Employers should check contractors’qualifications for the job. As far as possible the typesof works and activities that are likely to involvecontractors working on the premises should beidentified. From this, it will be possible foremployers to draw up a list of suitably qualifiedcontractors and to carry out an investigation intotheir safety policies and their safety performance atprevious locations.

Control of contractorsIt is necessary for the visiting contractors and theoccupying employer to identify their respective areasof responsibilities and formulate and agree uponappropriate procedures and monitoring systems.These should be formally recorded, with copies foroccupier/employer, contractor and safetyrepresentatives. The contractor should produce aworking document based on the health and safetyplan, for all those involved.

Employers should agree to consult safetyrepresentatives before contractors are hired andensure that they are kept fully informed about theuse of contractors. No contract should be awardedto a potential contractor who is unable todemonstrate that it:

� has a safety management system meeting orexceeding the requirements of HSG65 or BS8800

� has adequate arrangements for consulting,informing and training its workforce

� is able to comply fully with the safety plan (seeChapter 22 above)

� has adequate mechanisms for ensuring that sub-contractors fully comply with health and safetylegislation

An agreement should also be developed to cover allaspects of contractors working on site. In particular,there should be a procedure agreed that enables safetyrepresentatives to ensure that dangerous practices bycontractors are dealt with quickly. The procedurecould provide for a safety representative to:

� inform their own employer of the problem, and

Checklist

Competency of contractors

Safety representatives should ask to see relevantdocumentation required by the employer to carry out avetting process. This should include the following details:

� a copy of the contractor’s health and safety policy

� whether there are safety representatives recognised bythe contractor – workplaces with safetyrepresentatives are safer than those without

� how they consult with trade union safetyrepresentatives and/or the workforce

� previous work carried out by the contractor

� past risk assessments and the risk control measuresthat were introduced. The selection process shouldalways take account of the sufficiency and suitabilityof the contractor’s risk assessment for the workplaceconcerned. Have sufficient time/costs for safetymanagement been provided for in the tenderdocument?

� references from previous employers

� any accidents or incidents that occurred in any otherworks contracts

� the contractor’s emergency procedures, such as fire,accident, injury and first aid

� the impact of the contractor’s works on the employer’sstaff and premises


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the employer takes immediate steps to stop thedangerous practice

� notify the contractor (and a safety representativefor the contractor, if there is one) of the dangerouspractice and request that the practice ceases until acompetent person from the employer is available

� liaise with their own members, if the practice iscausing serious and imminent danger, and advisethem to stop work and proceed to a place of safety

An effective way of reinforcing control overcontractors’ activities can be provided by use of apermit to work system. A permit to work is a formalwritten system used to control certain types of workthat are potentially hazardous. Permits to work forman essential part of safe systems of work for manyactivities. Safety representatives will need to checkwhether permits to work are being administeredeffectively by employers and contractors.


Contractors Health and Safety Assessment Scheme(CHAS)Details of the scheme at www.chas.gov.uk/about.aspHazards magazine factsheets (see Section 6.2 forcontact details)� No. 69: Changing Workplaces: Not What WeBargained For� No. 44: Risk Assessment: No Hazard, No Risk

£1.50 each for union subscribers. £6 for non-subscribers


HSE priced and free publications on contractors� Use of Contractors: A Joint Responsibilitywww.hse.gov.uk/pubns/indg368.pdf� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787 881165

HSE website� The HSE does not have a specific web page oncontractors. For latest news and guidance, enter‘contractors’ in the search facility atwww.hse.gov.uk/index.htm� The HSE has a specific web page which drawstogether HSE information on construction in oneplace at www.hse.gov.uk/construction/index.htm

Simon Jones Memorial Campaign� www.simonjones.org.uk

TUC (see Section 6.1 for contact details)� The TUC contractors’ web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=330� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Checklist

Monitoring contractors

� Check that your employer has a copy of the HSEGuidance Use of Contractors: A Joint Responsibility andhas acted on it

� Identify if you have a problem with contractors by doingyour own survey or questionnaire with workers that maybe affected

� Do a special inspection that concentrates on contractors,using checklists in this chapter

� Do a special inspection that concentrates on theinformation and training provided to workers employedby contractors

� Investigate the systems of work that have been laiddown in your employer’s health and safety policy inrelation to contractors coming on site

� Decide on the priorities with your members

� Ask your employer for a copy of risk assessments relatingto work that contractors carry out

� Ask your employer for a risk assessment to be done ifone has not already been carried out on work thatcontractors are doing

� Get involved in risk assessments for contract work

� Make sure that you are consulted in good time beforecontractors begin work in the workplace, and aboutarrangements for the appointment of competent people,training and information arrangements

� If you work for a public sector body, press youremployer to get involved in the CHAS Scheme (seeabove)

� Ensure that the employer’s safety policy and systems ofwork address work done by contractors

� Ensure that the employer involves you and the safetycommittee in monitoring contractors’ policyimplementation and health and safety performance

� Negotiate an agreement with your employer thatcovers contractors and ensures full involvement ofand information to workers and safetyrepresentatives


Trade union information� Some unions provide guidance on contractors.The website addresses of all trade unions are on theTUC website at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm

� Contact your union or visit your union’s websiteto find out if it produces any guidance. For example,UNISON has produced a report, SafetyCompromised? How Contracting Out is Bad forHealth and Safety atwww.unison.org.uk/acrobat/B1119.pdfThe GMB provides guidelines in Contractors, Healthand Safety at www.gmb.org.uk


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SECTION 4 CHAPTER 24 – DISABLED WORKERS

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BASIC FACTS ABOUT DISABLED WORKERSAccording to the European Agency for Safety andHealth at Work, people with disabilities shouldreceive equal treatment at work. This includesequality regarding health and safety at work. Healthand safety should not be used as an excuse for notemploying or not continuing to employ disabledpeople. In addition, a workplace that is accessibleand safe for people with disabilities is also safer andmore accessible for all employees, clients andvisitors. Legislation and standards should be appliedto facilitate the employment of people withdisabilities, not to exclude them.

The TUC believes that disabled people arecurrently discriminated against in many ways in theworkplace, but one of the worst features of thatdiscrimination is the way some people try to usemeasures designed to protect people from harm as away of excluding people with disabilities from theworkplace. For example:

� people with disabilities refused jobs because theyuse wheelchairs which, it is claimed, would make itimpossible for them to escape from a building on firebecause they could not use the stairs unaided andwould not be allowed to use lifts (deaf people arealso discriminated against because people say theywould not be able to hear fire alarms), or, even morecruelly, it is suggested that they would ‘get in theway’ of colleagues trying to escape the fire

� people with hearing difficulties being preventedfrom taking up jobs because they cannot hear and itis alleged that this is vital for safety aspects of thejob (e.g. operating heavy machinery or fork-lifttrucks)

� people with conditions like asthma or a geneticpredisposition to develop sickle cell anaemia beingrefused employment as, for example, bakers orairline pilots because it is alleged that this preventsthem from being able to work safely

There are also many examples of health conditionsand disability being used to justify discriminationgenerally:

� people suffering from work-related conditions (suchas RSI, or mental illness caused or exacerbated by stressat work) being sacked because they are ‘not fit’ for thework that caused their condition in the first place

� people with heart conditions (or a family history)being refused employment because they are

considered likely to become sick and take too muchtime off

� counting disability-related absence as sicknessabsence (for example, someone with asthma), with aknock-on effect in terms of disciplinary procedures

Sometimes the discrimination is not intended or evenunderstood. It is often the result of ignorance orprejudice, which needs to be addressed throughdisability awareness training.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere are a number of laws that apply to disabledworkers:

� SRSC Regulations 1977 – see Chapter 3, withreference to safety representatives’ rights andconsultation

� Health and Safety at Work etc. Act 1974 – seeChapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of all employees, includingworkers with a disability

� Management of Health and Safety at WorkRegulations 1999 – see Chapter 13, where riskassessments and preventive and protective measuresneed to reflect the needs of workers with disabilities.To prevent discrimination from arising, the first stepan employer should take is to follow the ergonomicprinciple and fit the job to the worker, not theworker to the job

� Workplace (Health, Safety and Welfare)Regulations 1992 – see Chapter 45. Under Regulation2(3) and Guidance paragraph 4 workplaces must meetthe needs of all those who work in them, includingworkers with a disability. Several of the Regulationsrequire things to be “suitable”, which makes it clearthat such things as traffic routes, facilities andworkstations used by people with disabilities shouldbe suitable for them to use. Regulation 25A (added bythe Health and Safety [Miscellaneous Amendments]Regulations 2002) requires where necessary thoseparts of the workplace (including in particular doors,passageways, stairs, showers, washbasins, lavatoriesand workstations) used or occupied directly bydisabled persons at work to be organised to takeaccount of such persons

Disabled workers24


Health and safety management and disabilityIn January 2007, the former Disability RightsCommission and the former Health and SafetyCommission agreed on a joint statement on theprinciples of health and safety management anddisability in the workplace. The purpose was toprovide a positive approach to risk managementencouraging the inclusion of disabled people in theworkplace. This statement resulted in the productionby the HSE of the guidance leaflet Health and Safetyfor disabled people and their employers available atwww.hse.gov.uk/diversity/hse.htm

The HSE’s new Diversity website containsinformation about its commitment to promoteequality and tackle discrimination by using anequality impact assessment tool; improvingcommunications and using alternative formats; usingresearch into diversity issues; and where necessaryimproving the diversity of its advisory bodies andstakeholder networking.www.hse.gov.uk/diversity/index.htm

Disability-sensitive risk assessments According to the European Agency for Safety andHealth at Work employers should comply withhealth and safety duties and avoid discrimination atthe same time. Genuine conflicts, where complyingwith one makes it impossible to comply with theother, are very rare. In the Agency’s opinion, riskassessments should cover:

� the task, for example, the design of the job, workactivities

� the individual, for example, any specific needswith respect to disability

� work equipment, for example, assistivetechnologies, whether workstations are adjusted toindividual requirements

� the work environment, for example, the layout ofthe premises, lighting, heating, access, exiting

� work organisation, for example, how work isorganised and schedules

� physical hazards, such as dangerous substances,for example, asthma sufferers may be more sensitiveto chemicals used at work

� pyscho-social hazards such as stress and bullying,for example, disability may be used as an excuse forbullying

� information and training needs, for example,providing safety training and information in differentmediums

� involving workers, including disabled workers,and their representatives about risks and theirprevention. The employer should discusspreventive measures with the disabled worker, asthe individual is often the best person to identifywhat is needed


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THE DISABILITY DISCRIMINATION ACT 1995

There are about 10 million disabled adults inBritain covered by the Disability DiscriminationAct. Their impairments are wide-ranging and theyface different barriers in employment and inaccessing goods and services.

The DDA makes it unlawful to discriminateagainst disabled people or people who have had adisability. Section 1 of the Act defines a person ashaving a disability if he or she has a physical ormental impairment, which has an effect on his orher ability to carry out normal day-to-dayactivities. That effect must be:

� substantial (that is, more than minor or trivial),and

� adverse, and

� long-term (that is, it has lasted or is likely to lastfor at least a year or for the rest of the life of theperson affected)

The DDA requires employers to make reasonableadjustments to the employee’s workingarrangements or conditions to make sure they arenot treated less favourably than other employees.

Part III of the Act also requires the provision ofservices to be free of discrimination and thismight also have an impact, because often theservice user and the potential worker face thesame hazards.

So in order to counter the discrimination againstdisabled workers referred to above, practicalsteps that employers could take under the DDAinclude:

� provision of flashing lights as alarms, as well asauditory devices – and making sure that peopleworking with deaf people who are British SignLanguage (BSL) users have a high level ofawareness of BSL and deaf issues (the GMB andRNID have produced a simple guide to health andsafety instructions in finger-spelling formats)

� the establishment of a ‘buddy’ system to ensurewheelchair users are assisted in an emergency

� the creation of allergy-free work environments

� the provision of voice-activated software

� ensuring that absence caused by a disability istreated separately from sickness absence and isexcluded from disciplinary records



HAZARDS AT WORK 137

WHAT CAN SAFETY REPRESENTATIVESDO?The TUC has produced a briefing for trade unionistson disability rights and health and safety (see FurtherInformation below). Using this guide, there are anumber of positive steps that safety representativescan take to ensure that disabled workers are treatedequally.

Health and safety adaptationsSafety representatives should check that employersimplement health and safety laws to preventdiscriminatory situations. The first step an employershould take when dealing with a disabled worker isto follow the ergonomic principle of fitting the job tothe worker, not the worker to the job.

Using the Disability Discrimination Act (DDA),safety representatives can put pressure on employersto make reasonable adaptations to ensure thatdisabled people can start or continue in work,including changes to the work environment, workstations, work patterns, training, etc.

DRC and HSC joint statement“We believe that health and safety law and itsimplementation is in the interests of all employees,whether disabled or non-disabled, and of the employer.Disabled people should expect effective and enabling riskmanagement in the workplace.

“Health and Safety law and the Disability DiscriminationAct, when used appropriately, will work together toincrease the employability and retention of disabled people.A positive and sensible approach to risk management canand should, in most circumstances, encourage the inclusionof disabled people in the workplace.

“Risk assessment should not focus unduly on an individual’sdisability. It should look more broadly at the overall demandsof the work and how best to manage associated risk.

“We want: � employers to develop a working environment in whichemployees feel safe and supported to disclose and discuss itsimpact (including potential barriers to engagement,development and advancement within the workplace) on themanagement of their disability or long-term health condition � employees to work collaboratively with employers tohelp manage risk and to discuss positively with theiremployer approaches to making reasonable adjustments� the findings of risk assessments to provide clearrecommendations wherever appropriate on howreasonable adjustments and timescales for implementingthem are to be built into successful risk management

“Health and safety should never be used as a false excuseto justify discriminatory treatment. It will be the exceptionrather than the rule to exclude disabled people fromparticular jobs and tasks.”

Pre-employment medicalsSafety representatives need to be aware that onecommon area of discrimination is in the pre-employment stage, where medical examinations arecommon; even genetic testing may become an issue.Such examinations are unacceptable unless they meetseveral criteria. They should be conducted only aftera job offer has been made (that is, they should notform part of the selection process) and they shouldonly examine the extent to which the person is fit forthe job in question. Because of the DDA, the findingsof the medical examination will not necessarilydetermine whether someone is then employed – theexamination may be part of the process ofdetermining what adaptations need to be made sothat the person can do their job. This in itself mightbe better dealt with in any case by asking the jobapplicant what adaptations will be necessary.

Preventing illness and injuryIt is possible that exposing a group of people to thesame hazards may amount to discrimination if oneperson is likely because of their impairment to be moreadversely affected than others are by those hazards.Safety representatives need to remind employers thatthere are other steps which may be required to ensurethat disabled people are protected at work.

Continues after the checklist on the next page

ChecklistHealth and safety and disabled workers

� The DDA gives disabled workers rights and in somecases changes the conceptual framework for healthand safety under HASWA

� Risk assessments should be disability sensitive

� Health and safety policies and practices need to beamended and changed to address the needs ofdisabled employees. Health and safety rules (includingfitness for work) need to take account of anti-discriminatory approaches

� Health and safety problems should not be exaggeratedonce disability is involved – generally, health and safetyand anti-discrimination law point in the same direction

� Consultation with and involvement of disabled people,just like any worker, is often the best way to ensurehealth and safety problems are identified and overcome

� Those responsible for health and safety, and linemanagers generally, need to be aware of (and trainedabout) disability

� The needs of disabled workers should be consideredat the design and planning stage, rather than waitingfor a disabled worker to be employed and then havingto make changes



HAZARDS AT WORK138

Checklist

(Extract from “Ensuring the Health and Safety of Workers withDisabilities” Factsheet 53, European Agency for Safety andHealth at Work)

Working environment

� Adjusting premises or workstations, for example, ramps;lifts; light switches; steps edged in light paint; tactilewarning strips at the top of stairs; audio or warningsounds; automatic opening devices on heavy doors; doorhandles, bells, entry devices reachable by wheelchairusers and locatable by the visually impaired; non-slipsmooth flooring

� Assigning the person to a different work area, forexample, ground floor, work room with more access orworking from home

� Acquiring or modifying equipment, for example, Braillekeyboard, hands-free phone

� Modifying instructions or reference manuals, for example,visual, pictorial instructions

� Providing a reader or interpreter, for example, providing atext-phone (minicom) for a deaf person and booking asign language interpreter for particular meetings oroccasions

� Installing voice recognition software on a computer forsomeone who has a musculo-skeletal upper limb disorderfrom work, or has a visual impairment; providingzoomtext, notes on disk, e-mail or audio-cassette forsomeone with a visual impairment

� Ensuring good lighting for the visually impaired and lipreaders

Signposting

� Considering how to help people to move around in thebuilding and to get to the place that they want to

� Considering things that can be done which willhelp a visually impaired person find their wayaround (for example, colour contrast in furniture,carpets, walls and doorways, or indents in the floorcovering)

� Providing notices in large clear print so that people whoare partially sighted can see them clearly

� Providing Braille, tactile and large-print signs by doorhandles

� Providing graphics and pictures, as signs may be easierfor people with learning disabilities

� Giving signs a matt finish to avoid reflection.Lettering should contrast with background for easierreading

Communication

� Providing all health and safety information in accessibleformats. This includes written materials and other ways ofcommunicating, and accessibility for workers with visualor hearing impairments, dyslexia, learning difficulties orpsychiatric disorders

Work organisation and duties

� Allocating some of the disabled person’s duties toanother person, for example, driving

� Transferring a worker to a more suitable post

Working hours

� Altering working hours, including to part-time ifappropriate, for example, to enable the disabled personto travel outside rush hours

� Allowing absence for rehabilitation, assessment ortreatment

� Organising a phased return to work

Training and supervision

� Taking measures to ensure that a disabled person is notdisadvantaged in regard to health and safety training,instruction and information, for example, by altering thetime and location of training; providing course materialsin a different medium; providing a reader or interpreter;providing individual, tailored training; ensuring writtenmaterials are in simple language, making them moreaccessible for everyone

� Ensuring that supported employment programmes addressOSH training needs when the placement is being planned

� Providing any specific, additional OSH training thatdisabled workers may need in relation to their work orspecific equipment they have to use

� Providing managers and staff with any specificinformation and training that they need in how tosupport a worker with a disability. Training will beneeded for those with a role to support the evacuationof disabled workers in an emergency, including in theuse of any special evacuation equipment. Those withequality responsibilities need OSH training relevant totheir role

Promotion and transfer

� Ensuring promotion or transfer is open to all suitableemployees in terms of working ability and experience

� Modifying procedures for testing or assessment

� When promoting or transferring, arranging for the disabledperson to visit the prospective new workplace to considerwhether the change may create any special needs



HAZARDS AT WORK 139

Emergency procedures

� Is there a need to locate disabled workers to parts of thebuilding where they can leave the building more easily?

� Is any special equipment needed, such as an evacuationchair? Make a trial of equipment before purchase, givetraining in its use and ensure it is maintained, and checkedat the same time as other emergency response equipment

� Are storage areas provided with necessary evacuationequipment? Are they easy to access?

� In the event of emergencies, are specific members of staffdesignated to alert and assist employees with visualimpairments or others who have mobility problems?

� Are lighted fire strobes and other visual or vibratingalerting devices provided to supplement audible alarms?Are visual alarms installed in all areas, including toiletfacilities?

� Do routes and procedures take account of the potentiallyslower movement of people with disabilities?

� Are all disabled people familiar with escape routes andprovided with instruction and training in safetyprocedures? Distribute emergency procedures in Braille,large print, text file, and cassette tape formats

� Have fire officers and evacuation assistants receivedtraining?

� Are areas of rescue and locations that are safe fromimmediate danger established?

� Is advice obtained from specialists – specialdisability organisations, fire, police and rescueservices?

� Are arrangements for people with disabilities included inwritten evacuation procedures?

� Are arrangements periodically reviewed?

� Are employees encouraged to make a list of medications,allergies, special equipment, important names andaddresses?

� Is there a supply kit available with suitable gloves (whichare used to protect individuals’ hands from debris whenpushing their manual wheelchairs), patch kits to repairflat tyres, and extra batteries for those who usemotorised wheelchairs or scooters?

The full text of the European Agency Fact Sheet 53 canbe found athttp://osha.europa.eu/publications/factsheets/53/

Risk assessments are an area which could beenormously useful in combating discrimination but,when misapplied, may reinforce it – safetyrepresentatives should check that they are drawn upin accordance with the DDA. The best way to assessthe risks of any given hazard is to assess the risks to each individual potentially exposed. Generic riskassessments need to take account of individualworkers’ differences, and sometimes the key issue isnot to assume that all workers are in some crucialaspect the same. As an example, health and safetylaw specifically reminds employers to conductseparate risk assessments for pregnant women – thesame is logically true of people with disabilities.

Consultation with disabled workersUnfortunately, trade unions have many experiencesof employers not considering the need to consult ornot consulting genuinely or in good time. This isparticularly the case when it comes to the health andsafety needs of disabled workers. So safetyrepresentatives must ensure that disabled workersare fully consulted. Use posters and leaflets, and takethe opportunity of discussing health and safety withthem to see if they think that there are any problems.Safety representatives should report their concernsand those of their members to management. Thoseconcerns should be taken seriously.

Safety representatives could conduct a survey ofdisabled workers to find out about problems in theworkplace. This can be done on a confidential basis

as some members may be reluctant to contributeotherwise. Safety representatives can also use theirroutine inspections, or undertake special inspectionsto speak to disabled workers. Unions havechampioned the use of body mapping to ensure thatworkers’ views are properly canvassed andstimulated, and such techniques should involvedisabled workers, who may have differentexperiences that need to be taken on board.

Health and safety leading to discriminationThere are also some areas where people are workingwith disabled people, and the protection of thoseworkers leads to a service potentially beingwithdrawn from the disabled person. A commonexample is workers being prevented from manuallylifting a disabled person in their home. It is difficultto avoid getting caught in trade-offs between healthand safety and discrimination here, but essentiallythe same issues apply as in preventing health andsafety arrangements from discriminating againstdisabled workers. Risk assessments need to be done(rather than adopting rigid rules on what can andcannot be lifted), with the involvement of the serviceuser as well as the workforce. The workenvironment, work equipment, etc. needs to bechanged or adapted to ensure that risks anddiscrimination are removed or at least minimised (forexample, providing appropriate training in manualhandling). Alternatives also need to be identified anddiscussed with the user and the staff.



Equality and Human Rights Commission (EHRC) (seeSection 6.3 for contact details)The Disability Rights Commission (DRC) closed on28 September 2007. Its responsibility for helpingsecure civil rights for disabled people has transferredto the new Equality and Human Rights Commission(EHRC).

European Agency for Safety and Health at Work (seeSection 6.4 for contact details)Factsheet 53 – Ensuring the Health and Safety ofWorkers with Disabilitieshttp://osha.europa.eu/publications/factsheets/53/

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 59: Disability: DDA and Work-related IllHealth



HSE Diversity websiteThe HSE has a new Diversity website that provideslinks to leaflets and other information.www.hse.gov.uk/diversity/index.htm

HSE managing sickness absence and return to workwebsiteThe HSE has a specific web page which drawstogether HSE information on sickness absence andreturn to work. Legal requirements under the DDAare summarised here:www.hse.gov.uk/sicknessabsence/index.htm

International Labour Organisation (see Section 6.4 forcontact details) � The Right to Decent Work of Persons withDisabilitieswww.ilo.org/public/english/region/ampro/cinterfor/news/right_07.pdf � Managing Disability in the Workplace ILO Codeof Practicewww.ilo.org/public/english/employment/skills/disability/download/code.pdf

Labour Research Department (see Section 6.2 forcontact details)� Promoting Equality for Disabled Workers. £5.70� Rehabilitation – an LRD guide £3.15� Discrimination at Work – A Guide to the Law(including a summary of improved rights fordisabled workers) £4.50

TUC (see Section 6.1 for contact details)� The TUC rehabilitation web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=260� The TUC disability issues web pagewww.tuc.org.uk/equality/index.cfm?mins=17� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on disability andhealth and safety. The website addresses of all tradeunions are on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance.


HAZARDS AT WORK140


SECTION 4 CHAPTER 25 – DISPLAY SCREEN EQUIPMENT

HAZARDS AT WORK 141

BASIC FACTS ABOUT DISPLAY SCREENEQUIPMENTThere has been a rapid and continuing growth in theuse of computers in all sections of industry andcommerce. Different terminology is used which canbe confusing – for example, visual display units(VDUs), visual display terminals (VDTs), monitorsand display screen equipment (DSE). For thepurposes of this chapter, the term display screenequipment or DSE for short will be used.

Millions of people in Britain use DSE for asignificant part of their work or use DSE at sometime during their work. The growth in the use ofcomputers has been accompanied by increasingconcerns about a range of health and safetyproblems that may be associated with DSE work.

41 per cent of the safety representativesquestioned in the 2008 TUC safety representativessurvey identified DSE as a health and safety problemin the workplace. DSE appears among the top fiveconcerns in seven out of fourteen sectors. Inaddition, repetitive strain injuries, backache andstress were also identified as problems in the samesurvey and these can all be associated with DSEwork, so the problem may well be greater than thefigure of 41 per cent shows.

In the research User-Based Assessments of DSEHealth Risks, the HSE found that fatigue and achingshoulders and neck were the most common healthproblems for computer users. The group of DSEusers most likely to experience discomfort are thosewho work for more than 75 per cent of their timewith DSE and depend on DSE to do their job, withlittle discretion as to use or non-use. In the sameresearch, more than half the users were dissatisfiedwith the air quality and ambient temperature, and40 per cent with the amount of storage space.

DSE work can produce a wide range of differentphysical and psychological health problems amongworkers. Musculo-skeletal problems, stress andeyesight problems are frequently referred to by DSEusers. These and other DSE-related health andsafety problems are described in more detail below.Not all these problems can be attributed to theeffects of DSE. Many arise as a result either of a badwork environment or bad job design and mayequally well be found in some non-DSE workplaces.However, DSE health and safety standards should errheavily on the side of caution whenever there is theslightest doubt about possible hazards and theirorigin.

Repetitive strain injuries (RSI) RSI is dealt with in greater detail in Chapter 46below. Repetitive strain injuries are a major problemfor users of display screen equipment. RSI is thecollective name used to describe a range of muscleand tendon conditions of the neck, shoulders,elbows, wrists, hands and fingers caused bycontinuous, repetitive or pressurised finger, hand orarm movements such as typing. Other names used todescribe these conditions include WRULDs (work-related upper limb disorders), Occupational OveruseSyndrome, and Cumulative Trauma Disorders.Symptoms include:

� pain in the fingers, wrists, arms or shoulders

� tenderness

� feeling of heaviness in the arms/wrists

� swelling

� tingling sensation at the fingertips

� numbness

� joint restriction

In addition, using a computer mouse concentratesactivity on one hand and arm, and one or twofingers. This makes aches and pains in the fingers,hands, wrists, arms and shoulders more likely.

Research in 2002 by the Swedish NationalInstitute for Working Life concluded that everyonewho spends a lot of time working at a computer islikely to suffer some form of pain or injury. This wasshown by a study which monitored healthycomputer operators and examined the risk of theirsuffering injuries. The study clearly demonstratesthat doing a lot of computer work leads to strain inthe neck, shoulders, arms and back. It also showsthat psycho-social factors play a major role in therisk of suffering pain. Those workers whose job wasstressful, with high demands and little control, wereat much greater risk of suffering neck and shoulderpain than the reference group who had low demandsmade of them and more control over their work. TheInstitute closed down on 1 July 2007. Pastpublications can be accessed atwww.arbetslivsinstitutet.se/en/

StressStress is dealt with in greater detail in Chapter 39below. Many DSE workers complain about sufferingfrom very high levels of stress, and mental as well as

Display screenequipment25


physical fatigue, when they are involved in work onDSE. Persistent stress may result in psychologicalhealth problems, and is also associated with seriousphysical health problems such as muscular tension,back problems, high blood pressure, stomachdisorders and coronary heart disease.

HSE Guidance to the Health and Safety (DisplayScreen Equipment) Regulations (as amended in2002) states that many symptoms described bydisplay screen workers reflect stresses arising fromtheir work. The Guidance goes on to link thefollowing factors with stress in DSE work:

� workers having little control over their work andworking methods (including shift patterns)

� tasks requiring high attention and concentrationin conditions where the worker has little controlover their allocation of effort

� workers being unable to make full use of theirskills

� workers not being involved in making decisionswhich affect them

� being expected to carry out repetitive,monotonous tasks all the time

� work being system-paced (especially if work ratesare being monitored inappropriately)

� demands of the work being perceived as excessive

� payment systems that encourage working tooquickly or with insufficient breaks

� opportunities for social interaction being limitedby work systems

� high levels of effort not being balanced bysufficient reward (pay, resources, self-esteem, status)

Eyesight problemsDSE work is visually very demanding. Some of themost commonly reported ill effects of DSE work arethose associated with eyes and vision. The HSE saysthat extensive research has found no evidence thatDSE can cause permanent damage to the eyes oreyesight (this is disputed by some – see the Hazardsarticle on Computer Vision Syndrome). However, theHSE goes on to say that some workers mayexperience temporary visual fatigue, leading to arange of symptoms such as impaired visualperformance (for example, blurred vision), red orsore eyes and headaches, or the adoption ofawkward posture which can cause further bodilydiscomfort.

Uncorrected, or imperfectly corrected visualdefects, can become troublesome when a personbecomes a DSE user. Workers with thesepre-existing vision defects may become more awareof them. And since eye defects become worse withage, this problem crops up more and more in olderworkers.

Problems with eyesight are made worse by badlydesigned workstations, bad positioning of equipmentand documents, poor lighting, poorly designedscreens, glare, long periods spent at the screen, lackof adequate maintenance and uncorrected eyedefects. Dry heat can also pose a problem for thewearers of contact lenses.

Reproductive hazardsOver the years, there has been concern throughout thetrade union movement over reports that there may belinks between computer usage and reproductivehazards. However, there is no consensus aboutwhether there is any direct causal link between DSEuse and miscarriages or birth defects.

The HSE has commented on reports of higherlevels of miscarriage and birth defects, and the linkwith electromagnetic radiation. It concludes thatthere is substantial evidence that these concerns areunfounded. It goes on to state that “the levels ofionising and non-ionising electromagnetic radiationwhich are likely to be generated by DSE are wellbelow those set out in internationalrecommendations… and the National RadiologicalProtection Board does not consider such levels topose a significant risk to health”.

The TUC believes that a large number of casesneed to be studied over a long period of time beforeany firm conclusions can be drawn. Yet there may bea combination of factors at play which helps toexplain the lack of evidence implicating any onefactor as a reproductive hazard. In the meantime, aprecautionary approach should be adopted.

Skin rashesAccording to the HSE, some DSE users report facialskin complaints such as occasional itching orreddened skin on the face and/or neck. It is suspectedthat the causes of these problems are a combinationof inadequate ventilation, low relative humidity andexcessive static electricity.

Menstrual problemsA publication from an office workers’ advicegroup pointed out that some women who work forseveral hours a day at DSE have noticed that theirperiods have become irregular, heavy and painful.Some women have noticed an increase in symptomsof pre-menstrual syndrome. This may be associatedwith high stress levels affecting hormonal balance.

Photosensitive epilepsyAccording to the HSE, DSE has not been known toinduce epileptic seizures. One in 10,000 of thepopulation suffers from photosensitive epilepsy.People with this condition react adversely toflickering lights and patterns. Anyone who suspectsthat they may be susceptible should seek medicaladvice before working on DSE.


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LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROL A considerable number of laws and regulations applyto DSE. General duties can be found in the followingchapters of Hazards at Work:




� Provision and Use of Work EquipmentRegulations 1998 as amended – Chapter 43


WHAT CAN SAFETY REPRESENTATIVESDO?Safety representatives need to check that theiremployer is implementing the Health and Safety(Display Screen Equipment) Regulations 1992, and isfully involving safety representatives in implementingthe requirements. The TUC encourages safety

THE HEALTH AND SAFETY (DISPLAY SCREENEQUIPMENT) REGULATIONS 1992 (ASAMENDED IN 2002)

Analyse workstations, and assess and reduce risksEmployers need to look at:

� the whole workstation including equipment,furniture and the work environment

� the job being done

� any special needs of individual staff

Employees and safety representatives should beencouraged to take part in risk assessments, forexample, by reporting health problems. Whererisks are identified, the employer must take steps toreduce them.

Ensure workstations meet minimum requirementsThese requirements are good features that shouldnormally be found in a workstation, such asadjustable chairs and suitable lighting. They are setout in a schedule to the Regulations, covering theequipment, the working environment and theinterface (for example, software) between thecomputer and the user or operator. The mainrequirements include:

� adequate lighting

� adequate contrast, no glare or distractingreflections

� distracting noise minimised

� leg room and clearances to allow postural changes

� window covering if needed to minimise glare

� software – appropriate to the task, adapted tothe user, providing feedback on the system status,no undisclosed monitoring

� screen – stable image, adjustable, readable,glare/reflection free

� keyboard – usable, adjustable, detachable, legible

� work surface – with space for flexiblearrangement of equipment and documents,glare-free

� chair – stable and adjustable

� footrest if user needs one

Plan work so there are breaks or changes ofactivityAs the need for breaks depends on the nature andintensity of the work, the Regulations require breaksor changes of activity but do not specify their timingor length. However, the guidance on the Regulationsexplains general principles – for example, short,frequent breaks are better than longer, less frequentones. Ideally the individual should have somediscretion over when to take breaks.

On request, arrange eye tests and providespectacles if special ones are neededEmployees covered by the Regulations can asktheir employer to provide and pay for an eye andeyesight test. This is a test by an optometrist ordoctor. There is also an entitlement to further testsat regular intervals; the optometrist doing the firsttest can recommend when the next should be.Employers have to pay for spectacles only if specialones (for example, prescribed for the distance atwhich the screen is viewed) are needed and normalones cannot be used.

Provide health and safety training andinformationEmployers have to provide training to make sureemployees can use their VDU and workstation safely,and know how to make best use of it to avoid healthproblems, for example by adjusting the chair.Information should also be provided about VDUhealth and safety. This should include generalbackground information and more specific details ofthe steps taken by the employer to comply with theRegulations, such as the action taken to reduce risksand the arrangements for breaks.


representatives to use their rights under the SRSCRegulations to engage fully in the DSE assessmentprocess.

DSE useGuidelines covering DSE usually concentrate most oftheir attention on the DSE itself and the physicalergonomics of DSE workplaces. These issues areimportant. However, inappropriate and excessive useof DSE is a serious problem that needs to beaddressed. Health problems are much less commonamong workers who use DSE for only part of theworking day and who have some control over howand when they use them. Those who are forced tooperate DSE throughout their working day, at highspeed and with their performance and behaviourclosely monitored, are at great risk. Some of themain issues and TUC recommendations concerningDSE use are described below:

Definition of userThe TUC believes that anybody using a VDU shouldbe entitled to the protection of the legal standards,irrespective of whether they come within the legaldefinition of ‘user’.

Work organisationAn effective way to avoid psychological and physicalhealth problems arising from DSE work is to use aparticipative approach to the design of DSE-relatedjobs. This means that decisions about job contentshould be taken jointly by management and safetyrepresentatives, with the participation of workerswho are actually doing the jobs.

DSE job designThe TUC believes that no worker should be requiredto use a DSE constantly throughout his or herworking day. Jobs with titles such as ‘DSE operator’or ‘word processor operator’ should be strictlyavoided. The objective should be to achieve amixture of DSE work and non-DSE work with theDSE element occupying no more than 50 per cent ofdaily working time.

Avoiding monotonous workThe objective in job design should be to minimise theproportion of monotonous work in the overall jobcontent. Job design techniques should aim not onlyto alternate DSE work with non-DSE work but alsoto include more interesting and challenging tasksthat lead to more skilled, qualified and rewardingjobs.

Control over work pace and contentWorkers should be able to determine themselves howfast and in which way their jobs should be carriedout, subject only to broad, jointly agreedperformance criteria. Agreements incorporating thisprinciple should be negotiated with employers.

Maximum daily work timeThe TUC recommends that intensive DSE workshould be limited to a maximum of 50 per cent ofdaily working time. Where the 50 per cent limit isprecluded by the nature of the job, therecommendation on rest breaks (see below) must bestrictly adhered to and, if necessary, extended.

Rest breaksSafety representatives should check that members areaware of their rights to take rest breaks and tochallenge employers on maintaining excessiveworkloads. In addition, the TUC recommends thatfrequent, short rests should be taken from DSEwork. The TUC recommends a 15-minute breakaway from the equipment after 45 minutes’ work.

Eyesight testsThe TUC recommends that safety representatives:

� negotiate to obtain eye and eyesight tests foranyone working with DSE (not just ‘users’)

� request a schedule of those workers who aretested from the employer, and ensure that everybodywho should be included is on the list

� make sure that all DSE users know about theirrights to eye and eyesight tests – the employer has alegal duty to inform workers about eye testing measures

� negotiate time off with pay during working hoursfor workers to attend eye tests

� ensure that employers do not substitute visionscreening tests for eye tests. Vision screening tests donot satisfy the DSE Regulations

� ensure that costs of the provision of eye andeyesight tests and special corrective appliances(glasses) are paid for by the user’s employer. Someemployers claim that they only need to make apayment where the glasses are required solely forDSE work. But this is not within the spirit of the lawand safety representatives will want to try to ensurethat the cost is met even if the glasses will also beused for other purposes

� obtain agreement from the employer that theywill meet reasonable costs of corrective appliances,which will be more than just the cost of basic framesand lenses

� in no circumstances allow eye tests to be used byemployers to screen out people who are allegedlyunsuitable for DSE work

TrainingThe TUC recommends that:

� training is provided for all users, irrespective ofthe length of time that they spend on DSE

� in the training provided, there is an overallappreciation of the system which the DSE forms apart


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� skill development training is given to enableworkers to contribute to and benefit from enhancedjob design

� trade union representatives are given paid release,and are encouraged to attend trade union training onDSE and ergonomics

� health and safety training in ergonomics isprovided for managers to enable them to implementlegal standards and those established by regulationsand/or collective agreements

� frequent retraining is given for older workerswhose jobs are affected by technological change

� training is also provided in keyboard skills.People who have not been trained to type properlyare far more likely to develop RSI because theyrepeatedly use the same fingers and use the mousetoo much

Performance and behaviour monitoringThe TUC believes that such monitoring applicationsare unacceptable and can affect workers’ health. Thefollowing recommendations are designed to preventabuse of monitoring systems:

� DSE-based systems should not be used to collect orstore individually identifiable data on arrival anddeparture times, work breaks, keyboard speeds, errorcorrections made, or other performance-related data.

� Individually identifiable data of any type shouldnot be collected unless there is the prior agreementof union representatives and their members, on theprinciple of collecting it, the type of data collectedand the use to which it will be put.

� Any information collected by these means shouldbe made available to the employee concerned as wellas to his/her union representatives.

� Agreements should include provision for theerasure after an agreed period of time of all personalinformation collected.

� No DSE worker should be paid wholly or partlyby means of incentive payment schemes based onerror-free keystroking. Such schemes encourageexcessive work speeds, risking RSI and stress. Forthe same reasons keyboard speed competitions forprizes should not be permitted.

� With DSE, some employers frequently attempt toincrease the workload on each employee. Whilesome systems undoubtedly enable a higher output tobe processed without increasing the work pressureon the employee concerned, this cannot be taken forgranted. Safety representatives should make a specialpoint of monitoring workloads before, during andafter changes to DSE working. Acceptable outputlevels should be established and not exceeded.

� The best way of reducing or eliminating themajority of negative effects of DSE work on

workers’ health and safety is by limiting the totaltime which they spend working on DSE.

Electronic homeworkingElectronic homework can often result in disregardfor health and safety regulations, as well as highlevels of stress, excessive working time, etc. Where itexists, the conditions under which it is carried outshould be strictly controlled using the samestandards for workers in a traditional workplace.

Portable or laptop computersIf in prolonged use, they are subject to the DSERegulations. Any risk assessment should consider thefollowing points:

� Ensure that new laptops are TCO-labelled (theTCO is the Swedish Confederation of ProfessionalEmployees) (see Workstations below). Portablecomputers are assessed (TCO’05) in the areas ofergonomics, emissions, energy, and ecology.

� The compact design of laptops, which were neverdesigned for prolonged use, means that the screenand keyboard are fixed and cannot be adjustedseparately.

� The screen is small and can be difficult to read.

� The keyboard is cramped.

� They are often, by necessity, used at inappropriateworkstations leading to a cramped working position.

� The carrying of laptops and their associatedequipment, such as printers, should be assessedunder the Manual Handling Regulations.

As a general principle, proper computerworkstations should be provided where possible andthe use of laptops kept to a minimum. Safetyrepresentatives should also guard against prolongeduse of palm-held devices.

DSE work environmentThe way DSE is arranged within the overall workenvironment is very important in ensuring that therisks to workers’ health and safety are minimised.Newer generations of computer systems do not needtemperature-controlled, air-conditioned, dust-freeconditions. One result of this is that DSE is oftenplaced in offices suited to other tasks. Little thought isgiven to the comfort or health of the people using it.

Standards for the environment in which the DSE isused are given in detail in the Schedule to the DSERegulations. Additional TUC recommendations forsafety representatives are listed below.

LightingThere is a conflict between the level of lightingneeded to do normal office tasks involving paperdocuments and the level and quality of lighting mostsuited to operating DSE. The TUC considers that:


� satisfactory lighting should be provided, with anappropriate contrast between the VDU screen andthe background environment

� there should be fairly dim, general office lightingfor VDU work, with individual controls and tasklighting for reading printed text

� fluorescent lighting is not ideal for DSE work as itis bright and often causes glare

� positioning the DSE correctly should eliminatedirect glare

� windows should be fitted with blinds or othermeans of preventing daylight shining on the screen

� indirect glare can best be tackled by ensuring that,as far as possible, the reflectance of large surfaces inthe immediate vicinity of the DSE results in luminancelevels similar to those of the DSE screen

� the desk in particular should be chosen in orderto minimise reflections. It should not be too lightlycoloured and the surface should be matt not glossy

Temperature and humidityA comfortable temperature and relative humidity isan important aspect of health and safety provisionfor workers of all types, not just for those whooperate DSE. It is important that adequate standardsgoverning temperature and humidity are observed.Safety representatives should check that employersensure that:

� DSE is TCO-labelled (see Workstations below)

� equipment should not produce excess heat

� an adequate level of humidity is observed

NoiseNoise from a variety of sources can affect the abilityto concentrate and cause stress. Employers can domuch at very little cost to reduce noise in DSEworkplaces, for example by:

� siting equipment away from where people work(for example placing printers in a separate room)

� ensuring printers are TCO-labelled (seeWorkstations below), thereby producing lower noiselevels

� installing acoustic hoods on noisy printers

� installing sound absorbing material on walls andceilings

� use of enclosures or partitions

� providing thick carpeting

� providing rubber mats under noisy printers

Electromagnetic radiationRisk assessments should address the concerns ofpregnant workers that the use of DSE mightadversely affect their health. Safety representatives

should always consult their own trade union for thelatest policies regarding DSE work and reproductivehazards. The TUC believes that policies in this fieldshould be guided by the following precautionaryprinciples, many of which could be negotiated in acollective agreement:

� Ensure that all DSE meets the legal standards as aminimum, and is TCO-labelled (see Workstationsbelow).

� Until more conclusive scientific evidence becomesavailable on the presence or absence of a link betweenDSE work and reproductive hazards, pregnant womenand those planning to become pregnant, who wish todo so, should have the right to transfer to non-DSEwork during the course of their pregnancy withoutloss of pay, status or career prospects.

� The right to transfer is because of the wholerange of concerns about reproductive hazards, notjust radiation.

� Since the potential risks to men as well as womenhave not yet been identified, it is preferable that allworkers, male or female, pregnant or not, shouldhave the right to transfer away from intensive DSEwork if they feel it poses a danger to their health.

� Where the right to transfer is extended only topregnant women it should be viewed as an interimprecautionary measure. It should not be used torestrict employment opportunities in high technologyjobs involving the use of DSE in the future.

� One of the most effective ways to reduce the risksencountered by DSE workers is to limit the totaltime which all workers spend working on DSE. Jobsshould be designed in such a way to avoid intensiveDSE use, which is likely to result in the highest risks.

While there is any doubt about the possiblereproductive hazards of DSE work, the TUC willcontinue to request further programmes ofexperimental and epidemiological research.

WorkstationsSome employers, when taking decisions about theinstallation of DSE, pay little attention to theselection and layout of the furniture and otherequipment that is an essential part of the DSE. Therehas been a tendency to adapt existing furniture orbuy the cheapest furniture. Safety representativesshould ask for training in ergonomic principles to beable to assess workstations from a worker’sperspective and make proposals to improve it. TUCrecommendations include:

TCO labellingTCO labelling (TCO’95; TCO’99; TCO’03; TCO’05etc.) is a useful aid that enables unions to make therelevant demands when IT equipment is beingpurchased. TCO labelling covers: display screens,


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notebooks, desktops, printers, office furniture andkeyboards (www.tcodevelopment.com)

DSE screensThere are many different types of display screens.The quality of the display should be tested by directreference to the workers operating the DSE. Toprevent eyestrain and visual fatigue when using adisplay screen, it is important that:

� the display is clearly legible and flicker free

� there is freedom from reflected glare

� the brightness and contrast are adjustable

� the screen must be adjustable (tilt and swivel)

Approximately 50 per cent of all display modelsmanufactured in the world are TCO-labelled. Thisincludes both Flat Panel Displays (FPDs) andCathode Ray Displays (CRDs). Displays are assessedin the areas of ergonomics, emissions, energy, andecology.

AdjustabilityAn important factor in workstation design isadjustability. Adjustment is important both becausepeople of different shapes and sizes use DSE andbecause different DSE is used for different jobs. Theworkers concerned must also know how to carry outthe adjustment so as to optimise the layout of theworkstation. The adjustments should be easy tomake and it should be possible to make the mostcommon adjustments from the working position.

Keyboards and the mouseKeyboards should show good characteristics in termsof:

� usability and readability

� strict requirements on dimensions and functionsthat, correctly applied, contribute to the reduction oravoidance of strain problems

� requirements on good reflectance, weight, andstability

A mouse or other pointing device should be:

� suitable for the environment in which it is used

� the right size and shape for the user

� suitable for the task in hand

Basic principles of workstation layoutMost DSE workstations consist of a desk/table and achair. In some circumstances a footrest may also beneeded. The dimensions of the various componentsof the workstation should be arranged and adjusted.This will fulfil the following objectives which arenecessary for an ergonomically sound work posture:

� The feet should be touching the floor or, if this is

not possible, a footrest should be provided.

� There should be adequate leg room, bothhorizontal and vertical for comfortable working andstretching.

� There should be no excess pressure on theunderside of thighs and backs of knees.

� There should be adequate support for the back.

� The DSE should be at a height which permits it tobe viewed with the head at a comfortable angle.

� The viewing distance should be comfortable.

� The forearms should be approximatelyhorizontal.

� The height of the desk and keyboard must besufficient to prevent any significant flexion of thewrist (either up or down) during keyboarding.

� There should be space in front of the keyboardfor supporting hands and wrists during pauses inkeying.

� Any document holder must be positioned tominimise neck movement and at the same viewingdistance as the screen and keyboard.

� Wrist or palm rests should be provided wherenecessary.

TCO’04 Office Furniture is a new quality andenvironmental labelling standard for height-adjustable office tables and office work chairs.


British Standards Institution (see Section 6.5 forcontact details)� Ergonomics Requirements For Office Work withVisual Display TerminalsBS EN ISO 9241 (Parts 1–17, 1992–2000)� Guide to Ergonomic Principles in the Design andSelection of Office FurnitureBS 3044 (1990)� Office furniture. Work tables and desks.DimensionsBS EN 527 (Part 1: 2000)� Office furniture. Office work chair. DimensionsBS EN 1335 (Part 1: 2000)

Chartered Institution of Building Services Engineers(see Section 6.5 for contact details)www.cibse.org

Epilepsy ActionEpilepsy Action (see Section 6.2 for contact details)www.epilepsy.org.ukFreephone helpline: 0808 800 5050


Ergonomics Society (see Section 6.5 for contact details)News and resources at: www.ergonomics.org.uk

Hazards magazine factsheets (see Section 6.2 for contact details)

� No. 85: Workplace Privacy� No. 83: Drop Dead – Overwork� No. 73: What’s Your Body Worth? Compensation� No. 71: DIY Workers’ Health Studies� No. 68: Europe Under Strain� No. 64: Reproductive Health at Work: Men� No. 63: Reproductive Health at Work: Women� No. 61: Body Mapping: Body of Evidence� No. 58: Computer Vision Syndrome� No. 55: Ergonomics – Making the Job Fit� No. 47: Electromagnetic Radiation� No. 45: VDUs� No. 38: Strain Injuries and Work£1.50 each for union subscribers. £6 for non-subscribers


HSE DSE websiteThe HSE has a specific web page which drawstogether HSE information on DSE in one place atwww.hse.gov.uk/smallbusinesses/common/dse.htm

HSE priced and free publications � For all the latest documents containing generalstandards and guidance on office safety, includingDSE, go to the HSE web page:www.hse.gov.uk/office/index.htm� For all the latest documents containing generalstandards and guidance on DSE, go to the HSE webpage: www.hse.gov.uk/smallbusinesses/common/dse.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

Labour Research Department (see Section 6.2 forcontact details)� Working Safely with VDUs 1998 £2.95 � Pain at work – An LRD Guide toMusculoskeletal Disorders 2004 £4.50

London Hazards Centre (see Section 6.2 for contactdetails)� VDU Work and the Hazards to Healthwww.lhc.org.uk/members/pubs/books/vdu/vd_toc.htm� Display Screen Equipment Regulations Factsheetwww.lhc.org.uk/members/pubs/factsht/54fact.htm

National Radiological Protection Board (HealthProtection Agency 1 April 2005)(see Section 6.5 for contact details)� Health Effects Related to the Use of VDUs 1994

TCO DevelopmentUp-to-date information on the latest TCO-labellingstandardswww.tcodevelopment.com/

TUC � The TUC Display Screen Equipment web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=331� workSMART on monitoring and internet policies www.worksmart.org.uk/rights/viewsubsection.php?sun=57� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on DSE. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance. For example:CWU Guide to Avoiding DSE Health Problemswww.cwu.org/11887/display-screen-equipment.htmlUCU fact sheet on using laptop computerswww.ucu.org.uk/media/docs/b/s/hsfacts_laptops.doc


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SECTION 4 CHAPTER 26 – DRUGS AND ALCOHOL

HAZARDS AT WORK 149

BASIC FACTS ABOUT DRUGS ANDALCOHOLSubstance misuse can be a workplace problem. Theiruse can lead to significant health problems – anyoneunder the influence of drugs or alcohol can be ahazard to themselves and others. It is not only illegaldrugs that cause problems at work. Legal ones,including prescription drugs and alcohol, can bemisused.

The use of alcohol and drugs socially may have nodirect effect on the person’s work, but if a personcomes to work under the influence of either of theseit will impair their performance and can lead to themtaking risks or putting others at risk. This is not justa problem for drivers, machine operators andemergency staff. It can be an issue for all groups ofworkers. Many drugs can also have psychologicaleffects that can affect performance or mental well-being, especially after long-term use or if adependency develops.

What is substance misuse?Substance misuse is best described as the problematicuse of alcohol, drugs and other substances. In thecase of alcohol, the term misuse usually refers tobinge drinking or regular heavy drinking. Misuse ofprescribed and non-prescribed drugs can also beproblematic.

Drug or alcohol use can become problematic whenan individual uses the drug so regularly or in suchquantities that they start to depend on it in order tofeel normal in everyday life. Dependence can developinto addiction, where day to day life focuses onobtaining and regularly drinking or taking a drug tomaintain either a physically stable state or apreferred mental state.

How much of a problem is drug and alcoholabuse at work?Workplaces reflect local communities. Since drug andalcohol abuse are significant social problems, theyare also workplace issues. Up to 45 per cent ofyoung workers (16–29 year-olds) and 40 per cent ofworkers under 40 have experimented with illegaldrugs. A survey by DrugScope and Alcohol Concernfound that:

� 27 per cent of employers say drug misuse is aproblem at work

� 60 per cent have experienced problems due tostaff drinking alcohol

It is estimated that between 3 per cent and 5 per centof all absences are lost each year due to alcohol.

Many people use alcohol or drugs to help copewith work-related stress, and if there is a problemwith alcohol or drug misuse in your workplace thenthis may be part of a wider stress problem.

In 2006, TUC Risks No. 261 reported that agrowing number of workers are turning to drink tohelp cope with the effects of work-related stress,according to new research. A survey of 2,200 menshowed that one in five had suffered from depressionor experienced aggressive outbursts as a result ofstress. The study, commissioned by vitamin firmVitabiotics Wellman, revealed that one in three menhit the bottle to try to switch off from work. Thesurvey found 17 per cent have been to see a doctorabout their stress levels. More than a quarter of menare suffering from exhaustion as a result of stressand 38 per cent are dissatisfied with their jobs, witha third feeling that their company rarely recognisestheir achievements.

Employers have a responsibility to ensure thehealth and safety of their staff. A good employerwill also want to assist any employees who have adrug or alcohol problem. Yet many employers donot have a drugs and alcohol policy dealing withthe issue.

The dangers of drug testing in the workplaceThe TUC has increasing concerns about the use ofdrug tests in the workplace fearing that they willmerely serve to boost the profits of companiespeddling testing regimes but do nothing for theproductivity, safety or profitability of UK companies.

Drug testing is irrelevant to most employees andcompanies. The TUC believes that testing is onlyappropriate for staff in safety-critical posts andshould be part of a comprehensive safety strategythat includes support for staff who test positive.

TUC evidence to an independent inquiry into drugtesting at work included the following:

� Workplace drug testing is a costly waste of time,and a gross infringement of an individual’s privacy.Testing does not prove someone’s inability to do ajob; all it shows is exposure to a substance maybemonths before the test took place.

� While there may be a case for testing in safety-critical jobs, tests should never be randomly carriedout.

� Every workplace should have a policy on drug and

Drugs and alcohol26


alcohol use drawn up by managers in consultationwith union representatives. The policy should statethat individual confidentiality will be maintained at alltimes, with the emphasis on assistance and advice, notdisciplinary measures and dismissal.

A Code on obtaining and handling informationabout workers’ health published by the InformationCommissioner’s Office (ICO) puts strict limits on thehealth information that can be obtained byemployers and lays down standards regardingalcohol and drug testing (see Legal and OtherStandards below).

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere is no specific health and safety law dealingwith drugs and alcohol at work. However, there area number of laws that apply:


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of employees and developa health and safety policy. Section 7 of the Actrequires employees to take reasonable care of thehealth and safety of themselves and others who maybe affected by their acts or omissions at work

� The Management of Health and Safety at WorkRegulations 1999 – Chapter 13, where employersshould conduct risk assessments relating to drugs andalcohol at work, if there appears to be a risk toworkers. The main causes must then be treated in thesame way as any other workplace hazard by theimplementation of protective and preventive measures

It is an offence under the Misuse of Drugs Act forany person knowingly to permit the production,supply or use of controlled substances on theirpremises except in specified circumstances (such aswhen they have been prescribed by a doctor). Underthe Road Traffic Act and the Transport and WorksAct, drivers of road vehicles must not be under theinfluence of drugs or alcohol while driving,attempting to drive or when they are in charge of avehicle. Certain rail, tram and other guided-transportsystem workers must not be unfit through drugs oralcohol while working on the system. The operatorof such a system must exercise all due diligence toavoid those workers being unfit.

ACAS guidelines on drugs and alcohol policiesACAS provides guidelines on drugs and alcoholpolicies in its Health and Employment booklet. For

example, ACAS states that an alcohol policy is oneof the most constructive ways of dealing with drink-related problems. The policy should be designed toassure those with an alcohol problem that they willbe treated fairly and sympathetically and thusencourage them to seek help and assistance. Anypolicy needs to be developed with the commitmentand involvement of both senior and middlemanagement. Workers and their representativesshould also be consulted and their views taken intoaccount.

ACAS checklist: items to consider for a policy on alcoholat work:

� the rules on alcohol at work

� a statement that the organisation recognises thatan alcohol problem may be an illness to be treated inthe same way as any other illness

� a statement that the rules on alcohol at work willapply to any contractors visiting the organisation

� the potential dangers to the health and safety ofdrinkers and their colleagues if an alcohol problem isuntreated

� the importance of early identification andtreatment of an alcohol problem

� the help available – for example, from managers,supervisors, company doctor, occupational healthservice or outside agency

� the disciplinary position – for instance, anorganisation may agree to suspend disciplinaryaction in cases of misconduct where an alcoholproblem is a factor, on condition that the workerfollows a suitable course of action

� where gross misconduct is involved, an alcoholproblem may be taken into account in determiningdisciplinary action

� the provision of paid sick leave for agreedtreatment

� the individual’s right to return to the same jobafter effective treatment and any conditions that mayapply

� an assurance of confidentiality

� whether or not an individual will be allowed asecond course of treatment if s/he relapses

� termination of employment on grounds of illhealth where treatment is unsuccessful

� a statement that the policy applies to all workers

� a statement that the policy will be kept underregular review to evaluate its effectiveness

The full text of the ACAS booklet Health andEmployment can be found atwww.acas.org.uk/index.aspx?articleid=693


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WHAT CAN SAFETY REPRESENTATIVES DO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle problems related to drugs and alcohol misuse.

Membership awareness and informationSafety representatives can use posters and leafletsand take the opportunity of discussing drugs andalcohol misuse with them to see if they think thatthere are any problems.

Surveys and inspectionsSafety representatives could conduct a survey to findout whether drugs and alcohol misuse is a problemin the workplace. This can be done on a confidentialbasis as some members may be reluctant tocontribute otherwise. Safety representatives can alsouse their routine inspections or undertake specialinspections to speak to members. Safetyrepresentatives should report their concerns andthose of their members to management in writing.

EMPLOYMENT PRACTICES DATA PROTECTIONCODE: PART 4 – INFORMATION ABOUTWORKERS’ HEALTH (see also Chapter 6)

The fourth and final part of the EmploymentPractices Data Protection Code – Informationabout Workers’ Health is intended to helpemployers comply with the Data Protection Act(DPA). The Information Commissioner’s Office(ICO) says it “addresses the collection andsubsequent uses of information about a worker’sphysical or mental health or condition”. TheICO code covers sickness and injury records,occupational health schemes, information frommedical examinations and testing, and drug,alcohol and genetic tests.

On drug and alcohol testing, the code and keypoints say:

� the collection of information through drug andalcohol testing is unlikely to be justified unless itis for health and safety reasons (Section 4.4.1)

� given the intrusive nature of testing, employerswould be well advised to undertake anddocument an impact assessment (Section 4.4.1)

� even in safety-critical businesses such as publictransport or heavy industry, workers in differentjobs will pose different safety risks (Section 4.4.4)

� collecting information by testing all workers ina business will not be justified if in fact it is onlyworkers in particular activities that pose a risk(Section 4.4.4)

(The full code can be found at www.ico.gov.uk)

Use Chapter 7 above for ideas on how you can makesure that management gets things done.

Drugs and alcohol policy and procedureSafety representatives should urge their employer tohave a jointly agreed policy and procedure inrelation to drugs and alcohol. Establish whether theemployer already has a policy and procedure. If not,take steps to negotiate a policy with management.Ensure that best practice is included from:

� the TUC and your trade union

� HSE and ACAS guidance and

� The Data Protection Act – Employment PracticesData Protection Code – Information about Workers’Health

Training and informationSafety representatives should check that theiremployer has given all their workforce appropriatetraining and information on drugs and alcohol misuseand how the jointly agreed policy seeks to avoid it.

Unite – Amicus section model drug and alcoholpolicyThe following pages set out a model company/Unite – Amicus section Drug and Alcohol policy, toserve as a basis for negotiating a policy with youremployer.

1. Introduction

.......................................................... (Company name) andUnite – Amicus section have agreed the need for adrug and alcohol policy which applies to allemployees irrespective of status. Its objective is toensure employees receive training and informationon sensible drinking and drug awareness. The aim isto encourage those with drug or alcohol-relatedproblems to seek the support of medical advice andcounselling by an outside agency.

2. General principle

.......................................................... (Company name) andUnite – Amicus section recognise that drug oralcohol abuse at its various levels is a health problemrequiring sympathetic help and special treatment. Itis the aim of this policy to provide this.

3. Organisation

.......................................................... is the Director withresponsibility for implementation of this policy.

.......................................................... will be responsible foradvice on suitable outside agencies and counsellors.

.......................................................... will be responsible forimplementing a training programme.

The names of external drug and alcohol counsellors


and how they can be contacted will be posted onnotice boards. All such counsellors will be madeaware of this policy on drugs and alcohol.

4. Arrangements 4.1 InformationEvery employee will be given a summary of the mainpoints of this policy, and anyone with a drug oralcohol-related problem will be encouraged to seekcounselling. A training session and leaflets onsensible drinking and drug awareness will beprovided and repeated periodically.

4.2 Removal of stressIt is accepted that stress at work can contribute todrug or alcohol abuse. We are therefore committedto identifying and reducing workplace stress factors.

4.3 Reducing opportunity to drink at workResearch shows quite clearly that some jobs involvea much higher risk of alcohol abuse than others. Thesocial pressure to drink can be stronger in someworking communities. Irregular hours, travel andseparation from the family, and the strain of a heavyworkload are just some of the common job-relatedcauses of alcohol abuse.

The Company and Unite – Amicus section recognisethat such problems, coupled with the opportunity todrink at work, creates a hazard. Therefore, alcoholwill not be available on company premises duringworking hours. This will apply throughout thecompany, at all levels, without exception. Also at anysocial functions organised by the company or Unite –Amicus section, among the beverages provided, therewill always be non-alcoholic drinks available.

4.4 Solvent abuse at workWhere problems involve the deliberate or unintentionalabuse of solvents, whether or not used in theworkplace, the person concerned will be covered by thispolicy. Where abused solvents are specifically work-related, the employer will ensure that the use of solventshas been subject to the provisions of the Control OfSubstances Hazardous to Health Regulations, that therisks involved have been assessed and that measureshave been taken to reduce all exposures to solvents tothe lowest that is reasonably practicable.

4.5 Prescribed drugsWhere problems involve the deliberate orunintentional abuse of prescribed drugs, the personconcerned will be covered by this policy.

5. Confidentiality The company undertakes to ensure that anycounselling is strictly confidential, and that anyrecords compiled by a counsellor will be treated asthe individual property of that counsellor. Nodiscussions about an employee will take placebetween the company and the counsellor without thewritten permission of the person concerned. All employees will have the right to be represented

by their Unite – Amicus section representative in anymeeting with the company if they so wish. If anemployee gives their written consent, then their Unite– Amicus section official will be kept informed at allstages of the treatment.

6. Job security The company accepts that job security will bemaintained for any employee participating intreatment and/or counselling in an attempt to dealwith drug or alcohol abuse.

Where an employee has to be away from work toundergo treatment, their job will be held open inaccordance with normal sickness procedures.However, it has to be accepted that, in the long-term,job security must depend on work returning to anacceptable level. Advice will be sought andconsideration given as to whether the person’soriginal job would be consistent with maintainingrecovery. The employee’s pension rights will beprotected during treatment and counselling.

7. Disciplinary procedures Drug or alcohol abuse will not in itself constitutegrounds for dismissal, unless the person’s action orperformance reaches an unacceptable level. Such caseswill be dealt with under normal disciplinary procedureswith the employee’s appropriate Unite – Amicus sectionrepresentative being involved at all stages.

Where an employee is referred for treatment underthis policy, any disciplinary procedures associatedwith drug or alcohol abuse will be suspended andremain so for the duration of the treatment.

Where an employee with an drug or alcohol-relatedproblem is able to continue to perform his/her dutieswhile undergoing treatment, adequate time off fortreatment will be allowed.

Relapses will be referred to the independentcounsellor for assessment, and consideration given tofurther job protection.

8. Treatment and advice Any employee with a drug or alcohol-related problemis encouraged to seek guidance and assistance fromthe recommended local counselling agency.

Where indicators, such as poor work performance,absenteeism, poor health or deteriorating behaviour,indicate a possible problem, employees will beadvised to refer themselves for confidentialcounselling and advice. Paid time off for counsellingand treatment will be allowed in accordance with thenormal sick pay scheme. Refusal of treatment will notin itself be grounds for discipline, unless anemployee’s action or performance reaches anunacceptable level. Such a case would then be dealtwith under normal procedures, with the involvementof the appropriate Unite – Amicus sectionrepresentative at all stages.


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9. Testing The company agrees that there will be no random orcompany-wide drug or alcohol testing.

Any proposals to introduce testing will be discussed indetail between the employer and Unite – Amicus section,in the light of the practical, legal, industrial relations andethical implications. Proposals for testing will be subjectto the Unite – Amicus section policy on MedicalExaminations and Health Surveillance. This requires: –written justification for the tests – description of testprocedures and their verification/effectiveness – statingof standards to be reached – the consequences of failingthe test – safeguards on continuity of employment –verification of the qualifications of the testers – medicalconfidentiality of results.

If testing procedures are agreed, they must only beenacted on suspicion based on specific personalobservations that the person concerned is under theinfluence of drugs or alcohol. Tests will be at theexpense of the company.

Any person testing positive shall have the right tochallenge the results and obtain an independentanalysis of the sample.

Any person testing positive, who accepts the results,will be referred for treatment and advice inaccordance with the rest of this policy.

The full text of the Unite model policy can be foundat www.unitetheunion.com.pdf/26drugsandalcohol.pdf


ACAS� Guidance on alcohol and drugswww.acas.org.uk/index.aspx?articleid=693

Alcohol ConcernInformation and policy developments on alcoholwww.alcoholconcern.org.uk/

DrugScopeNews and resources on drugs and drugs policieswww.drugscope.org.uk/

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 89: Workers’ Health Information� No. 85: Workplace Privacy� No. 77: Drugs and Alcohol Policies� No. 65: Violence at Work� No. 55: Drugs: Workplace Law, Policies andScreening


Hazards magazine website Excellent news and resources on alcohol and drugson the Hazards web resource page atwww.hazards.org/workstyle/

HSE drugs and alcohol websiteThe HSE has a specific web page which drawstogether HSE information on drugs and alcohol intoone place at www.hse.gov.uk/alcoholdrugs/index.htm

HSE priced and free publications on drugs and alcohol� For all the latest documents containing generalstandards and guidance on drugs and alcohol, go tothe HSE web page: www.hse.gov.uk/alcoholdrugs/index.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787 881165

Information Commissioner’s OfficeEmployment Practices Data Protection Code: Part 4Information About Workers’ Health www.ico.gov.uk

International Labour Organisation (see Section 6.4 forcontact details) � Resources on workplace drug and alcohol abuseprogrammes www.ilo.org/public/english/protection/safework/drug/index.htm

Labour Research Department (see Section 6.2 forcontact details)� Drug and alcohol policies at work £5.10� Monitoring and surveillance at work £4.65

TUC (see Section 6 for contact details)� The TUC drugs and alcohol web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=348� TUC workSMART web page: drugs and alcoholsupport at workwww.worksmart.org.uk/health/viewsubsection.php?sun=16� Drunk or Disordered: a TUC Guide to TacklingAlcohol and Drugs at Work� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on drugs andalcohol. The website addresses of all trade unionsare on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance. For example,Unite – Amicus section has produced drugs andalcohol resources for members at:www.amicustheunion.org/Default.aspx?page=1338.


BASIC FACTS ABOUT ELECTRICITYElectricity can kill. According to the HSE, each year thereare around 1,000 electrical accidents at work reported tothem and about 25 people die from their injuries. Mostof the fatalities arise from contact with overhead orunderground power cables. The passage of electriccurrent through the body may cause muscularcontractions, respiratory failure, fibrillation of the heart,cardiac arrest or injury from internal and external burns.

Non-fatal shocks can cause severe and permanentinjury. Shocks from faulty equipment may lead tofalls from ladders, scaffolds or other work platforms.Those using electricity may not be the only ones atrisk, as poor electrical installations and faultyelectrical appliances can lead to fires which may alsocause death or injury to others.

The main hazards from electricity are:

� contact with live parts causing shock and burns(normal mains voltage of 230 volts AC can kill)

� faults which can cause fires

� fire or explosion where electricity could be the sourceof ignition in a potentially flammable or explosiveatmosphere, for example, in a spray paint booth

Many deaths and injuries arise from:

� use of poorly maintained electrical equipment

� work near overhead power lines

� contact with underground power cables duringexcavation work

� work on or near 230 volt domestic electricity supplies

� use of unsuitable electrical equipment in explosiveareas such as car paint spraying booths

The risk of injury from electricity is strongly linkedto where and how it is used. The risks are greatest inharsh conditions, such as:

� in wet surroundings – unsuitable equipment caneasily become live and can make its surroundings live

� out of doors – equipment may become wet andmay be at greater risk of damage

� in cramped spaces with a lot of earthedmetalwork, like the inside of a tank or bin. If anelectrical fault develops in these circumstances then itcan be very difficult to avoid a shock

Some items of equipment can also involve greater riskthan others. Extension leads are particularly liable todamage – to their plugs and sockets, to their electricalconnections, and to the cable itself. Other flexible leads,particularly those connected to equipment which ismoved a great deal, can be subject to similar problems.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations ofgeneral application apply to electrical hazards.Duties can be found in the following chapters ofHazards at Work:







� Reporting Of Injuries, Diseases and DangerousOccurrences Regulations 1995 – see below andChapter 49

The main standards relating to electricity at work aresummarised below.

THE ELECTRICITY SAFETY, QUALITY ANDCONTINUITY REGULATIONS 2002

These Regulations impose requirementsregarding the installation and use of electricalnetworks and equipment owned or operated bygenerators, distributors (which include, in theseRegulations, transmitters), and meter operators,and the participation of suppliers in providingelectricity to consumers. Agents, contractors andsub-contractors of duty holders also have dutiesunder these Regulations.

SECTION 4 CHAPTER 27 – ELECTRICITY

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Electricity27



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THE ELECTRICITY AT WORK REGULATIONS1989 AND MEMORANDUM OF GUIDANCE ONTHE REGULATIONS

The Regulations impose duties on persons (referred toin the Memorandum as ‘duty holders’) in respect ofsystems, electrical equipment and conductors, and inrespect of work activities on or near electricalequipment. Some duties are subject to the term ‘so faras is reasonably practicable’. Where this qualifyingterm is absent, the requirement in the regulation issaid to be absolute. Certain absolute requirements inthe Regulations (Regulations 4(4), 5, 8, 9, 10, 11, 12,13, 14, 15 and 16), are subject to the defenceprovision of Regulation 29 which provides that itshall be a defence for a duty holder who can establishthat all reasonable steps were taken and all duediligence exercised to avoid committing the offence.

Interpretation (Regulation 2)The following definitions are important inunderstanding the underlying principles of theRegulations.

� System: means an electrical system in which allthe electrical equipment is, or may be, electricallyconnected to a common source of electrical energyand includes such source and such equipment

� Electrical equipment: includes anything used,intended to be used or installed for use, togenerate, provide, transmit, transform, rectify,convert, conduct, distribute, control, store,measure or use electrical energy. This will includeevery type of electrical equipment from a 400kVoverhead line to a battery powered hand-lamp

� Conductor: means a conductor of electricalenergy. This means any material which is capableof conducting electricity, and therefore includesboth metals and all other conducting materials

� Danger: this is defined as “risk of injury”, and itsprevention forms the basis of the Regulations.However, in order to differentiate a situationwhere danger cannot be prevented – for example,work on live conductors – the Regulations alsoinclude a definition for injury in terms of certainclasses of potential harm. In this case, danger maybe present but injury must be prevented

Persons on whom duties are imposed (Regulation 3)There is an absolute duty on employers, employeesand the self-employed to comply with theprovisions of these Regulations in all matters undertheir control. Employees have an additional dutyto co-operate with their employers to enable theemployers to fulfil their duties.

Systems, work activities and protective equipment(Regulation 4)This regulation requires:

� all systems shall at all times be of suchconstruction as to prevent danger, so far as isreasonably practicable

� all systems shall at all times be maintained so asto prevent danger, so far as is reasonably practicable

� every work activity, including the operation, useand maintenance of a system and work near asystem, to be carried out in such a manner as not togive rise to danger, so far as is reasonably practicable

� any protective equipment provided for work on ornear electrical equipment must be suitable for theintended use, well maintained and properly used

Strength and capability of electrical equipment(Regulation 5)No electrical equipment shall be put into use whereits strength and capability may be exceeded in sucha way as may give rise to danger.

Adverse or hazardous environments (Regulation 6)Electrical equipment which may reasonablyforseeably be exposed to:

� mechanical damage

� the effects of the weather, natural hazards,temperature or pressure

� the effects of wet, dirty, dusty or corrosiveconditions or

� any flammable or explosive substance, includingdusts, vapours and gases

shall be of such construction or as necessaryprotected as to prevent, so far as is reasonablypracticable, danger arising from such exposure.

Insulation, protection and placing of conductors(Regulation 7)All conductors in a system which may give rise todanger shall either:

� be suitably covered with insulating material andas necessary protected so as to prevent danger, sofar as is reasonably practicable or

� have such precautions taken (including beingsuitably placed) as will prevent danger, so far as isreasonably practicable

Earthing or other suitable precautions (Regulation 8)Precautions must be taken, either by earthing or othersuitable means, to prevent danger arising when anyconductor (other than a circuit conductor) which mayreasonably forseeably become charged as a result ofeither the use of a system, or a fault in a system,becomes charged. For the purposes of this regulation, aconductor is regarded as earthed when it is connectedto the general mass of earth by conductors of sufficientstrength and current-carrying capability to dischargeelectrical energy to earth.



HAZARDS AT WORK156

Integrity of referenced conductors (Regulation 9)If a circuit conductor is connected to earth or toany other reference point, nothing which mightreasonably be expected to give rise to danger bybreaking the electrical continuity or introducinghigh impedance shall be placed in that conductorunless suitable precautions are taken to preventthat danger.

Connections (Regulation 10)Every joint and connection in a system, whethertemporary or permanent, must be mechanicallyand electrically suitable for use, so as to preventdanger.

Means for protecting from excess current(Regulation 11)Efficient means, suitably located, shall be providedfor protecting from excess of current every part ofa system as may be necessary to prevent danger.

Means for cutting off the supply and for isolation(Regulation 12)Where necessary to prevent danger, suitable means(including where appropriate, methods ofidentifying circuits) shall be available for:

� cutting off the supply of electrical energy to anyelectrical equipment and

� the isolation of any electrical equipment

This does not apply to electrical equipment whichis itself a source of electrical energy but in suchcases reasonably practicable precautions must betaken to prevent danger.

In the context above, “isolation” means thedisconnection and separation of the electricalequipment from every source of electrical energy insuch a way that this disconnection and separationis secure.

Precautions for work on equipment made dead(Regulation 13)Adequate precautions must be taken to preventelectrical equipment, which has been made ‘dead’in order to prevent danger while work is carried

out on or near that equipment, from becomingelectrically charged during that work, if danger islikely to arise.

Work on or near live conductors (Regulation 14)No person shall be engaged in any work activityon or so near any live conductor (other than onesuitably covered with insulating material so as toprevent danger) that danger may arise unless:

� it is unreasonable in all the circumstances for theconductor to be dead and

� it is reasonable in all the circumstances for theworker to be at work on or near it while it is live and

� suitable precautions (including suitable protectiveequipment) are taken to prevent injury

Working space, access and lighting (Regulation 15)Adequate working space, adequate means of accessand adequate lighting must be provided at allelectrical equipment on which or near which, workis being done in circumstances which may give riseto danger.

Persons to be competent to prevent danger and injury(Regulation 16)No person may be engaged in any work activitywhere technical knowledge or experience isnecessary to prevent danger, or injury, unless theypossess such knowledge or experience, or areunder adequate supervision as appropriate.

A new edition of the Memorandum of Guidanceon the Electricity at Work Regulations waspublished in March 2007. This new edition ofHSR25 is intended to help dutyholders meet therequirements of the Electricity at WorkRegulations 1989. It is of interest and practicalhelp to engineers (including those involved in thedesign, construction, operation or maintenance ofelectrical systems), technicians and their managers. It sets out the Regulations and gives technical andlegal guidance on them. The purpose of thisMemorandum is to highlight the nature of theprecautions in general terms to help in theachievement of high standards of electrical safetyin compliance with the duties imposed.



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WHAT CAN SAFETY REPRESENTATIVESDO?Safety representatives should try to ensure that theiremployer is observing their responsibilities under theElectricity at Work Regulations 1989, Managementof Health and Safety at Work Regulations 1999 andthe Provision and Use of Work EquipmentRegulations 1998.

Involvement of membersSafety representatives can identify if there is aproblem with electrical hazards by:

� carrying out a survey with workers who may beaffected

� doing a special inspection that concentrates onwork with electricity, using the inspection checklist(see below)

� doing a special inspection that concentrates on theinformation provided and the health and safetytraining of workers who are involved in electricalwork

� speaking to electricians to see if there are specialproblems that they face when doing their work

THE INSTITUTION OF ELECTRICAL ENGINEERSREQUIREMENTS FOR ELECTRICALINSTALLATIONS (THE IEE WIRING REGULATIONS)

The Institution of Electrical EngineersRequirements for Electrical Installations (theIEE Wiring Regulations) are non-statutoryregulations. The IEE Regulations also have thestatus of a British Standard BS 7671: 2001Requirements for Electrical Installations. Theyrelate principally to the design, selection,erection, inspection and testing of electricalinstallations, whether permanent or temporary,in and about buildings generally and toagricultural and horticultural premises,construction sites and caravans and their sites.The IEE Wiring Regulations are a code ofpractice which is widely recognised and acceptedin the UK and compliance with them is likely toachieve compliance with relevant aspects of the1989 Regulations (above).


Risk assessmentsSafety representatives should ask for copies of therisk assessments that the employer has done toensure that they are preventing and controllinghazards from electricity, and make sure that theiremployer is consulting them fully. Risk assessmentsmust take account of the provisions of the Electricityat Work Regulations, which cover all electricalsystems, including electrical apparatus as well as themains supply. Where control measures are in placethen safety representatives should check that they arebeing adhered to and maintained and also that theyare effective in preventing injuries and ill health.


As well as the standard reporting requirementsfor death, dangerous occurrences, injury anddisease under the Reporting of Injuries, Diseasesand Dangerous Occurrences Regulations 1995(see Chapter 49), there are certain requirementsthat are specific to electricity:

� a major injury includes “any injury resultingfrom an electric shock or electrical burn(including any electrical burn caused by arcingor arcing products) leading to unconsciousnessor requiring resuscitation or admittance tohospital for more than 24 hours”

� a dangerous occurrence includes “anyunintentional incident in which plant andequipment either: comes into contact with anuninsulated overhead electric line in which thevoltage exceeds 200 volts; or causes an electricaldischarge from such an electric line by coming inclose proximity to it”

� a dangerous occurrence also includes “anelectrical short circuit or overload attended byfire or explosion which results in the stoppage ofthe plant involved for more than 24 hours orwhich has the potential to cause the death ofany person”

As described in Chapter 49, the death of anyperson as a result of an accident arising out ofor in connection with work; or any person atwork suffering a major injury as a result of anaccident arising out of or in connection withwork; or a dangerous occurrence must benotified to the enforcing authority withoutdelay.



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Checklist

Inspecting electrical work

(The checklist below is adapted from HSE publicationsINDG231 and HSG107)

Electrical installation

� Are new electrical systems installed to a suitablestandard, for example, BS 7671 (Requirements forelectrical installations), and maintained in a safecondition?

� Are existing electrical systems properly maintained?

� Are enough socket outlets provided? Overloading socketoutlets by using adaptors can cause fires

Providing safe and suitable equipment

� Is equipment chosen that is suitable for its workingenvironment?

� Can electrical risks be eliminated by using air, hydraulicor hand-powered tools? These are especially useful inharsh conditions

� What systems are in place to ensure that equipment issafe when supplied and subsequently maintained in asafe condition?

� Is there an accessible and clearly identified switchnear each fixed machine to cut off power in anemergency?

� For portable equipment, are socket outlets used whichare close by so that equipment can easily bedisconnected in an emergency?

� Do the ends of flexible cables always have the outersheath of the cable firmly clamped to stop the wires(particularly the earth) from pulling out of the terminals?

� Are damaged sections of cables replaced completely?

� Are proper connectors or cable couplers used to joinlengths of cable? Strip connector blocks covered ininsulating tape should not be used

� Are some types of equipment double insulated?These are often marked with a ‘double square’symbol. The supply leads have only two wires – live(brown) and neutral (blue). Are they examined to ensurethat they are properly connected, if the plug is not amoulded-on type?

� Are light bulbs and other equipment which could beeasily damaged in use protected?

� Is specialist advice sought to ensure thatelectrical equipment used in flammable/explosive atmospheres is designed to stop it fromcausing ignition?

Reducing the voltage

� Can the supply voltage be reduced to the lowest neededto get the job done? For example, temporary lighting canbe run at lower voltages (12, 25, 50 or 110 volts);battery-operated electrically powered tools; portabletools designed to be run from a 110 volts centre-tapped-to-earth supply

Portable and transportable electrical equipment

� Is there a system of maintenance for portable (andtransportable) electrical equipment?

� Has portable electrical equipment that needs to bemaintained been identified and information obtained onwhere it is used and how?

� Has training and information been provided to allowusers to carry out user checks?

� Has a formal visual inspection system been set up withtrained staff?

� Is there written guidance relating to the visualinspection, identifying what to look for and theprocedures to follow when faults are found (and whenunauthorised equipment is in use)?

� Has an appropriate frequency been determined for formalvisual inspection?

Safety policySafety representatives can also monitor theemployer’s safety policy and systems of workregarding electrical work, and check that:

� there are competent personnel dealing withelectricity, and that they obtain expert advice whennecessary from the HSE or reputable consultants

� there is consultation “in good time” before newelectrical work is undertaken in the workplace,about arrangements for the appointment ofcompetent people and for training and information

� where there is any potential risk, that theiremployer has given all their workforce appropriatetraining and information

� the employer’s emergency procedures and firstaid arrangements deal with what to do in the eventof someone receiving an electric shock. The trainingof workers in first aid and rescue techniques mayform part of these procedures. New HSE postersabout the treatment of persons suffering from anelectric shock are available (see Further Informationbelow)



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Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 72: Lone Working� No. 44: Risk Assessment: No Hazard, No Risk



HSE electrical safety websiteThe HSE has a specific web page which drawstogether HSE information on electrical safety in oneplace at www.hse.gov.uk/electricity/index.htm

HSE priced and free publications on electrical safety� For all the latest documents containing generalstandards and guidance on electrical safety, go to theHSE web page:www.hse.gov.uk/electricity/information.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

Institution of Engineering and Technology (see Section6.5 for contact details)� BS 7671: 2001 Requirements for ElectricalInstallations (IEE Wiring Regulations 16th Edition) £49

See details of this and other publications at:www.theiet.org

London Hazards Centre (see Section 6.2 for contactdetails)� Risk Assessment factsheetwww.lhc.org.uk/members/pubs/factsht/80fact.htm� The Daily Hazard sometimes contains articlesabout electrical safetywww.lhc.org.uk/members/dhazind.htm

TUC (see Section 6.1 for contact details)� The TUC electrical safety web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=333� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives atwww.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on electricalsafety. The website addresses of all trade unions areon the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance. For example,the NUT produces an electrical safety briefingwww.nut.org.uk/resources/pdf/electrical-safety.pdf

� Are records of visual inspections kept, the findingsreviewed and the records used to check whether theseinspections need to be carried out more frequently?

� Is there inspection and testing, where there is reason tosuppose that equipment may be defective; after repairor modification; at periods appropriate to the equipmentand the manner and frequency of use and theenvironment?

� Does the person conducting the tests have sufficientknowledge, training and experience?

� Are records of test results reviewed and used to checkwhether tests need to be carried out more frequently?

� Are all arrangements monitored and follow-up actiontaken?

Competence

� Are people working with electricity competent?

� Is suspect or faulty equipment taken out of use, labelledDO NOT USE, and kept secure until examined by acompetent person?

� Are tools and power-socket outlets switched off beforeplugging in or unplugging?

� Is equipment switched off and/or unplugged beforecleaning and making adjustments?

� Are more complicated tasks, such as equipment repairs oralterations to an electrical installation tackled only by peoplewith knowledge of the risks and the precautions needed?

� Work should not be allowed on or near exposed live partsof equipment unless it is absolutely unavoidable andsuitable precautions have been taken to prevent injury.

The full HSE guide Electrical Safety and You is available atwww.hse.gov.uk/pubns/indg231.pdf and the full HSE guideMaintaining Portable and Transportable Electrical Equipmentis available for purchase at www.hse.gov.uk


BASIC FACTS ABOUT ERGONOMICSErgonomics is the study of work in relation to theenvironment in which it is performed (the workplace)and those who perform it (workers). It is used todetermine how the workplace can be designed oradapted to the worker in order to prevent a variety ofhealth problems and to make the job fit the worker,instead of forcing the worker to conform to the job.Ergonomics aims to make sure that tasks, equipment,information and the environment suit each worker.

Ergonomics is a broad science encompassing thewide variety of working conditions that can affectworker comfort and health. According to the HSEguidance Understanding Ergonomics at Work(www.hse.gov.uk/pubns/indg90.pdf), to assess the fitbetween a person and their work, ergonomists haveto consider many aspects. These include:

� the job being done and the demands on the worker

� the equipment used (its size, shape and howappropriate it is for the task)

� the information used (how it is presented,accessed and changed)

� the physical environment (temperature, humidity,lighting, noise, vibration)

� the social environment (such as teamwork andsupportive management)

Ergonomists consider all the physical aspects of aperson, such as:

� body size and shape

� fitness and strength

� posture

� the senses, especially vision, hearing and touch

� the stresses and strains on muscles, joints, nerves

Ergonomists also consider the psychological aspectsof a person, such as:

� mental abilities

� personality

� knowledge

� experience

By assessing these aspects of people, their jobs,

equipment, and working environment and theinteraction among them, ergonomists are able todesign safe, effective and productive work systems.

The TUC considers that an ergonomic approachcan also ensure that employers are ‘gender sensitive’in their health and safety management techniques(see Chapter 42 below for more details).

HSE guidance on ergonomics at workAccording to the HSE guidance UnderstandingErgonomics at Work ergonomics is typically known forsolving physical problems – for example, by ensuringthat work surfaces are high enough to allow adequateclearance for a worker’s legs. However, ergonomics alsodeals with psychological and social aspects of the personand their work. For example, a workload that is toohigh or too low, unclear tasks, time pressures,inadequate training and poor social support can all havenegative effects on the person and the work they do.

The HSE gives examples of some typicalergonomic problems found in the workplace:

Display screen equipment� The screen is poorly positioned – it is too high/low/close/far from the worker or is offset to one side.

� The mouse is placed too far away and requiresstretching to use.

� Chairs are not properly adjusted to fit the person,forcing awkward and uncomfortable postures.

� There is glare on the screen from overhead lightsor windows, increasing the risk of eyestrain.

� Hardware and/or software are not suitable for the taskor the person using it, causing frustration and distress.

� There are not enough breaks or changes of activity.

These problems may result in mistakes and poorproductivity, stress, eye strain, headaches and otheraches or pains.

Manual handling � The load is too heavy and/or bulky, placingunreasonable demands on the person.

� The load has to be lifted from the floor and/orabove the shoulders.

� The task involves frequent repetitive lifting.

� The task requires awkward postures, such asbending or twisting.

SECTION 4 CHAPTER 28 – ERGONOMICS

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Ergonomics28



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� The load cannot be gripped properly.

� The task is performed on uneven, wet or slopingfloor surfaces.

� The task is performed under time pressures andincorporates too few rest breaks.

These problems may result in physical injuries suchas low back pain or injury to the arms, hands orfingers. The problems may also contribute to the riskof slips, trips, and falls.

Work-related stress� Work demands are too high or too low.

� The employee has little say in how they organisetheir work.

� There is poor support from management and/orcolleagues.

� There are conflicting demands, e.g. highproductivity and quality.

Poor control of the risks causing work-related stresscould lead to ill health and reduced performance andproductivity.

Managing the working day� insufficient recovery time between shifts

� poor scheduling of shifts

� juggling shifts with domestic responsibilities

� employees working excessive overtime

These problems may lead to tiredness or exhaustion,which can increase the likelihood of accidents and illhealth.

The full HSE guide Understanding Ergonomics at Work(INDG90) can be found at www.hse.gov.uk/pubns/indg90.pdf

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere is no specific law dealing with ergonomics.However, there are a number of laws that apply andinvolve the use of good ergonomic practices.


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of employees

� The Health and Safety (Display ScreenEquipment) Regulations 1992 (as amended) –Chapter 25

� The Manual Handling Operations Regulations1992 – Chapter 32

� Provision and Use of Work EquipmentRegulations 1998 (as amended) – Chapter 43

� Workplace (Health, Safety and Welfare)Regulations 1992 (as amended) – Chapter 45

THE MANAGEMENT OF HEALTH AND SAFETY ATWORK REGULATIONS 1999

Employers have a duty to conduct riskassessments and implement protective andpreventive measures taking account of theergonomic principles described above.Provisions in the 1999 Regulations that areimportant for ergonomics are listed below.

� Making a suitable and sufficient assessment ofrisks

� Identifying measures needed to comply withlegal requirements

� Reviewing the risk assessment

� Recording the assessment where there are fiveor more employees

� Implementing preventive and protectivemeasures using ergonomic principles, asdescribed below

Regulation 4 (and Schedule 1): Implementingpreventive and protective measures On the basis of:

� avoiding risks

� evaluating the risks which cannot be avoided

� combating the risks at source

� adapting the work to the individual, especiallyas regards the design of workplaces, the choiceof work equipment and the choice of workingand production methods, with a view, inparticular, to alleviating monotonous work andwork at a predetermined work-rate and toreducing their effect on health

� adapting to technical progress

� replacing the dangerous by the non-dangerousor the less dangerous

� developing a coherent overall preventionpolicy which covers technology, organisation ofwork, working conditions, social relationshipsand the influence of factors relating to theworking environment

� giving collective protective measures priorityover individual protective measures

� giving appropriate instruction to employees


HSE guidance elaborates upon the principles ofprevention as follows:

Avoid the risk altogetherIf possible, employers should avoid the riskaltogether. For example, by doing the work in adifferent way, taking care not to introduce newhazards.

Evaluate risks that cannot be avoidedIf the risk cannot be avoided altogether, then theemployer should evaluate the risk by carrying out arisk assessment.

Combat risks at sourceRisks should be removed at source, rather thantaking measures that merely lessen the severity of therisks. For example, if steps regularly become slippery,they should be replaced or treated rather thandisplaying warning notices.

Adapt work to the requirements of the individualThe concept underlying this principle is that thepeople doing the work should be consulted abouttheir requirements. In this way, work is adaptedto the worker, rather than the worker having toadapt to the work. Consultation should take placeabout:

� the design of workplaces

� the selection of work equipment

� drawing up working and safety procedures

� drawing up methods of production

� selecting personal protective equipment

The aims of this are to lessen monotonous work andlessen paced working at a predetermined rate; andincrease the control individuals have over work theyare responsible for.

Use technological and technical progressBy using the latest technical and technologicaldevelopments, employers will often be able toimprove working methods and make them safer.

Implement risk prevention measures as part of overallpolicyHealth and safety policies should be based on theprinciples of prevention. Risk prevention measuresshould be applied to those risks that cannot beprevented or avoided altogether. In this way riskswill be progressively reduced, taking account of theway work is organised, working conditions, workingenvironment and social factors.

Priority for collective protective measuresEmployers should give priority to those measureswhich protect the whole workplace and everyonewho works there.

Instructions for workersEmployers must ensure that workers, whether theyare employees or self-employed, understand whatthey have to do.

Positive health and safety cultureThe avoidance, prevention and reduction of risks atwork must be accepted as part of the organisation’sapproach and attitude to all its activities. Thisshould be recognised at all levels from junior tosenior management.

WHAT CAN SAFETY REPRESENTATIVES DO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andimprove ergonomic practices in the workplace. First,safety representatives need to check that theiremployer is fulfilling duties under the Managementof Health and Safety at Work Regulations 1999 andother Regulations regarding ergonomics.

Involving membersSafety representatives can identify if there is aproblem by:

� carrying out a survey with workers

� using mapping techniques, such as body mappingand risk mapping

� doing a special inspection that concentrates onergonomics, using the checklist below

� speaking to workers to see if there are ergonomicproblems that they face when doing their work. Forexample, women workers have suffered particularlywith unsuitable equipment, poor job design,inadequate workstations, etc.


Risk assessmentsSafety representatives should ask for copies of therisk assessments that the employer has done toensure that they are preventing and controllinghazards using the best ergonomic practices identifiedin the Management of Health and Safety at WorkRegulations. And they should be consulting safetyrepresentatives in the risk assessment process. Whereprevention and control measures are in place thensafety representatives should check that they arebeing adhered to and maintained and also they areeffective in preventing injuries and ill health.

Safety policiesSafety representatives can also monitor theemployer’s safety policy and systems of workregarding best ergonomic practices. There should be


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HAZARDS AT WORK 163

competent personnel dealing with ergonomics, orexpert advice obtained when necessary from the HSEor reputable consultants.


Ergonomics SocietyNews, resources and registered consultancies at www.ergonomics.org.uk/

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 91: Standing Problem� No. 83: Drop Dead – Overwork!� No. 71: DIY Workers’ Health Studies � No. 69: Not What We Bargained For – ChangingWorkplaces

� No. 67: Women at Work� No. 61: Body Mapping� No. 60: Risk Mapping� No. 56: Ergonomics – Making the Job Fit� No. 45: VDUs



HSE priced and free publications on ergonomics� For all the latest documents containing generalstandards and guidance on ergonomics, go to theHSE web page:www.hse.gov.uk/pubns/ergonomics.htm

Checklist

Identifying ergonomic problems

This checklist is based on HSE publication INDG90 referredto above.

� Talk to workers and seek their views. They haveimportant knowledge of the work they do, any problemsthey have and their impact on health, safety andperformance.

� Assess the work system by asking questionssuch as:

– is the person in a comfortable position?

– does the person experience discomfort, includingaches, pain, fatigue or stress?

– is the equipment appropriate, easy to use and wellmaintained?

– is the person satisfied with their workingarrangements?

– are there frequent errors?

– are there signs of poor or inadequate equipmentdesign, such as plasters on workers’ fingers or‘home-made’ protective pads made of tissue orfoam?

� Examine the circumstances surrounding frequenterrors and incidents where mistakes have occurredand people have been injured. Use accident reportsto identify details of incidents and their possiblecauses

� Look at sickness absence and staff turnover levels. Highnumbers may result from the problems listed earlierand/or dissatisfaction at work

What can I do if I think I have identified an ergonomic problem?

� Look for likely causes and consider possible solutions.A minor alteration may be all that is necessary to make atask easier and safer to perform. For example:

– provide height-adjustable chairs so individual operatorscan work at their preferred work height

– remove obstacles from under desks to createsufficient leg room

– arrange items stored on shelving so those used mostfrequently and those that are the heaviest arebetween waist and shoulder height

– raise platforms to help operators reach badly locatedcontrols

– change shift work patterns

– introduce job rotation between different tasks toreduce physical and mental fatigue

� Talk to workers and get them to suggest ideas anddiscuss possible solutions

� Involve workers from the start of the process

� Always make sure that any alterations are properlyevaluated by the people who do the job

� Be careful that a change introduced to solve oneproblem does not create difficulties elsewhere

� You do not always need to consult ergonomicsprofessionals but you may need to ask a qualifiedergonomist if you are unable to find a straightforwardsolution or if a problem is complex

� Consult the HSE guidance material, UnderstandingErgonomics, available free atwww.hse.gov.uk/pubns/indg90.pdf



HSE websiteThe HSE has many web pages which draw togetherHSE information on issues relevant to ergonomics:www.hse.gov.uk/index.htm

Labour Research Department (see Section 6.2 forcontact details)� Stress at Work £4.70 � Women’s Health and Safety £4.75 � Pain at Work – an LRD Guide toMusculoskeletal Disorders £4.50

London Hazards Centre (see Section 6.2 for contactdetails)� Risk Assessment – A Simple Standardwww.lhc.org.uk/members/pubs/factsht/80fact.htm� DSE Regulations Fact Sheetwww.lhc.org.uk/members/pubs/factsht/54fact.htm

TUC (see Section 6.1 for contact details)� The TUC has many web pages which drawtogether TUC information on issues relevant toergonomics www.tuc.org.uk/h_and_s/index.cfm� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on issues relevantto ergonomics. The website addresses of all tradeunions are on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance onergonomics.


HAZARDS AT WORK164


SECTION 4 CHAPTER 29 – FIRE

HAZARDS AT WORK 165

BASIC FACTS ABOUT FIREEvery year hundreds of people die and thousands areinjured in fire-related accidents that could easily beprevented. Fire and explosion at work account forapproximately 2 per cent of major injuries reportedannually to the HSE.

The wide variety of flammable substances foundin the workplace range from the obvious – forexample, heating fuel, petrol, paint thinners andwelding gases – to the less obvious, such aspackaging materials, dusts from wood, flour andsugar.

For a fire to start, fuel, air and a source of ignitionare needed. Controlling or elimination of these canprevent fires.

� � �

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations ofgeneral application apply to fire hazards. Duties can befound in the following chapters of Hazards at Work:




� Reporting Of Injuries, Diseases and DangerousOccurrences Regulations 1995 – see below andChapter 49

The main standards relating to fire safety at workare summarised below.

Fire29

THE REGULATORY REFORM (FIRE SAFETY)ORDER 2005

These new fire laws came into effect in Englandand Wales on 1 October 2006. From 1 October2006, the Fire (Scotland) Act 2006 also changedfire safety legislation in Scotland. Go towww.infoscotland.com/firelaw for details of the newlaws in Scotland and the requirements.

The summary below relates to England and Wales.Under this Order the “responsible person” foreach premises will be required to carry out a firerisk assessment and take steps to reduce or removethe risk. The risk assessment will have to take intoconsideration the effect a fire may have on anyonein or around the premises. The risk assessment willneed to be kept under regular review. The emphasisis upon preventing fires and reducing risk and theOrder does away with the need for fire certificates.

A series of guides have been produced that can bedownloaded. These give information on whatneeds to be done to comply with fire safety law,carry out risk assessments and to identify generalfire precautions. Go towww.communities.gov.uk/fire/firesafety/firesafetylaw/

Article 3: Responsible personA responsible person means:� the employer, if the workplace is to any extentunder their control, or

� the person in control, or

� the owner

Article 8: Duty to take general fire precautionsThe responsible person must take such general fireprecautions as will ensure safety of employees andothers. Under Article 4, general fire precautionsmean measures:

� to reduce the risk of fire and the risk of spread

� for means of escape

� for ensuring the means of escape can be safelyand effectively used

� in relation to means for fighting fire

� in relation to the means for detecting fire andgiving warning

� in relation to action being taken in the event of fire

Article 9: Risk assessmentResponsible persons should make a suitable andsufficient assessment of risks to identify general fireprecautions needed to be taken to comply with theRegulations. Special consideration has to be takenof dangerous substances (explosive, oxidising,extremely flammable, highly flammable,flammable). Assessments need to be reviewed sothat they are kept up to date and recorded wherethere are five or more employees.



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Article 10 (and Part 3 Schedule 1): Principles ofpreventionThe responsible person must implement protectiveand preventive measures on the basis of: avoidingrisks; evaluating the risks which cannot beavoided; combating the risks at source; adapting totechnical progress; replacing the dangerous by thenon-dangerous or less dangerous; developing acoherent overall prevention policy which coverstechnology, organisation of work and the influenceof factors relating to the working environment;giving collective protective measures priority overindividual protective measures; giving appropriateinstructions to employees.

Article 11: Fire safety arrangementsThe responsible person must make arrangementsfor the effective planning, organisation, control,monitoring and review of the preventive andprotective measures.

Article 12: Elimination or reduction of risks fromdangerous substancesRisks from dangerous substances (explosive,oxidising, extremely flammable, highly flammable,flammable) must be eliminated or reduced as far asis reasonably practicable.

Article 13: Fire-fighting and fire detectionWhere necessary, the responsible person mustensure that:

� the premises are equipped with appropriate fire-fighting equipment and with fire detectors andalarms

� any non-automatic fire-fighting equipment iseasily accessible, simple to use and indicated bysigns

� competent persons are nominated to implementmeasures

� contacts are made with external emergencyservices

Article 14: Emergency routes and exitsWhere necessary, the responsible person mustensure that routes to emergency exits frompremises and the exits themselves are kept clear atall times. In order to safeguard relevant persons:

� emergency exits and routes must lead as directlyas possible to a place of safety

� in the event of danger, it must be possible forpersons to evacuate the premises as quickly and assafely as possible

� the number, distribution and dimensions ofemergency routes and exits must be adequate

� emergency doors must open in the direction ofescape

� sliding or revolving doors must not be used forexits specifically intended as emergency exits

� emergency doors must not be so locked orfastened that they cannot be easily andimmediately opened by any person who mayrequire to use them in an emergency

� emergency routes and exits must be indicated bysigns

� emergency routes and exits requiring illuminationmust be provided with emergency lighting ofadequate intensity in the case of failure of theirnormal lighting

Article 15: Serious and imminent dangerThe responsible person must:

� establish appropriate procedures, including safetydrills, to be followed in the event of serious andimminent danger

� nominate sufficient competent persons toimplement evacuation

Procedures must ensure that relevant persons areinformed and able to stop work immediately.

Article 16: Emergency measures and dangeroussubstancesIn the presence of dangerous substances, theresponsible person must ensure that:

� information on emergency arrangements isavailable

� suitable warning and other communications areestablished

� visible or audible warnings are given beforeexplosion conditions are reached

� escape facilities are provided

� information is given to accident and emergencyservices

� in the event of fire, the effects of the fire aremitigated

Article 17: MaintenanceFacilities, equipment and devices should be subjectto a suitable system of maintenance.

Article 18: Safety assistanceCompetent person(s) must be appointed to assistthe responsible person in undertaking preventiveand protective measures.

Article 19: Information to employeesEmployees must be provided with comprehensibleand relevant information on risks identified in therisk assessment; preventive and protectivemeasures; procedures and measures.



HAZARDS AT WORK 167

Article 20: Information to employers and the selfemployedThe responsible person must ensure that theemployer of any employees from an outsideundertaking, and any person working on thepremises, are provided with comprehensible andrelevant information on risks identified in the riskassessment, and preventive and protective measures.

Article 21: Capabilities and trainingThe responsible person must ensure that employeesare provided with adequate safety training.

Article 22: Co-operation and co-ordinationWhere there are two or more responsible persons,they should co-operate and co-ordinate activities.

Article 23: Duties of employeesThis regulation places duties on employees to takereasonable care; to co-operate and inform theemployer of situations representing serious orimminent danger and shortcomings in theemployer’s protection arrangements.

The RRFSO is available in full on the Office ofPublic Sector Information website at:www.opsi.gov.uk/si/si2005/20051541.htm

responsibilities under the RRFSO 2005 and theDSEAR 2002.

Involving membersSafety representatives can identify if there is aproblem with fire safety by:

� carrying out a survey with workers that may beaffected

� doing a special inspection that concentrates onfire hazards, using the inspection checklist below

� doing a special inspection that concentrates onthe information provided and the health and safetytraining of workers about fire safety

� risk-mapping with workers to identify the sourcesof fire risks


Fire risk assessmentsSafety representatives should ask for copies of thefire risk assessments that the employer has done toensure that they are preventing and controllinghazards from fire, and make sure that their employeris consulting them fully. Risk assessments must takeaccount of the provisions of the RRFSO 2005 andthe DSEAR 2002 where applicable. Whereprevention and control measures are in place thensafety representatives can check that they are beingadhered to and maintained and also that they areeffective in preventing fire and explosion hazards.

Safety policiesSafety representatives can also monitor theemployer’s safety policy and systems of workregarding fire safety, and check that:

� there are competent personnel dealing with fire,and that they obtain expert advice when necessaryfrom the Fire Authority, the HSE or reputableconsultants

WHAT CAN SAFETY REPRESENTATIVESDO?Safety representatives should try to ensure that theiremployer has prepared for and is observing the new

THE DANGEROUS SUBSTANCES AND EXPLOSIVEATMOSPHERES REGULATIONS 2002 (DSEAR)

DSEAR sets minimum requirements for theprotection of workers from fire and explosion risksarising from dangerous substances and potentiallyexplosive atmospheres. DSEAR complements therequirement to manage risks under the Managementof Health and Safety at Work Regulations 1999 andthe new provisions in the RRFSO 2005.

DSEAR requires employers (or self-employedpersons) to:

� carry out a risk assessment of any workactivities involving dangerous substances

� provide measures to eliminate and/or reducerisks as far as is reasonably practicable

� make arrangements to deal with accidents,incidents and emergencies

� take measures to inform, instruct and trainemployees

� classify places where explosive atmospheresmay occur into zones and mark the zones wherenecessary

� in the case of an employer with five or moreemployees, record the significant findings of theassessment

It is beyond the scope of Hazards at Work toreproduce all the main requirements of theDSEAR Regulations. However, key elements arewell summarised in the HSE guide Fire andExplosion – How Safe is Your Workplace?(INDG370). This booklet can be found at:www.hse.gov.uk/pubns/indg370.pdf



HAZARDS AT WORK168

� there is consultation “in good time” beforenew work is undertaken in the workplace, aboutarrangements for the appointment of competentpeople, and training and informationarrangements

� where there is any potential risk, that their

employer has given all their workforce appropriatetraining and information

� the employer’s emergency procedures dealeffectively with what to do in the event of fire andexplosion. The training of workers will form part ofthese procedures

Checklist

Fire risk assessments (from a UNISON informationsheet ‘Fire Safety ’ at www.unison.org.uk/acrobat/B165.pdf)

� Has an assessment of fire risks been conducted?

� Have the results been acted upon?

� Does it need to be reviewed?

� Has an emergency plan been drawn up (if required)?

� Are safety representatives consulted before changes aremade to work or to the workplace which could affect thehealth and safety of employees?

The workplace

� Are separate storage arrangements for flammablechemicals, gas cylinders and waste materials availableand clearly marked?

� Is combustible waste regularly and safely disposed of?

� If smoking is allowed in the workplace, are there satisfactoryarrangements for cigarettes and matches to be disposed ofsafely and separately from other combustible rubbish?

� Are clear fire instructions displayed throughout the workplace?

� Is electrical equipment serviced regularly to preventsparks and fires?

� Have sources of ignition (e.g. portable heaters) beenreplaced with safer alternatives?

Fire drills

� Are they carried out regularly and at least once per year(preferably once every six months)?

� Does their timing and frequency take into account staffturnover, staff working outside normal hours or staff inisolated parts of the workplace?

� Are non-employees such as patients, residents, pupils,contractors, etc. included?

� Are particular arrangements necessary for the evacuationof people with disabilities, the elderly, the sick and youngchildren?

� Are they observed by designated staff who report onhow long it took to evacuate the workplace, what wentcorrectly and what went wrong, and are faults put rightbefore the next drill?

� Does management keep records of drills and trainingwith details of any problems found and the action takento put them right?

Fire alarms

� Are they checked and tested once per week by a trainedperson and annually by a competent engineer?

� Are they capable of warning all employees – forexample, what about employees in the basement?

� Are maintenance and servicing records kept?

� Are there other forms of fire warning, such as flashinglights for hearing-impaired staff or visitors, etc.?

Smoke detectors

� Are they checked and tested once per week by atrained person and annually by a competent engineer?


Fire fighting equipment

� Are there trained staff who know how and what touse? Generally, untrained staff should not wastetime trying to make equipment work and eventrained staff should not attempt to fight large fires

� Are suitable fire extinguishers provided in vehicles andare drivers trained to use them?

� Are they checked at least monthly, removed and replacedwithout delay if faulty, with a full check and test by acompetent engineer annually?

� Are fire extinguishers refilled after use and testedannually by a trained person?


Training for employees

� Are all employees given information, instruction andtraining by a competent person on: fire risks andprecautions to be taken to avoid fire; what to do if theydiscover a fire; raising the alarm, including location ofalarm call points; recognising the fire alarm and what todo when it is raised; calling the fire brigade; evacuationprocedures, including arrangements for members of thepublic and people with disabilities; escape routes, fireexits and assembly areas?



HAZARDS AT WORK 169


Department of Communities and Local Government� All the latest details on the new fire safety lawsfor England and Waleswww.communities.gov.uk/fire/firesafety/firesafetylaw/� The Regulatory Reform (Fire Safety) Order 2005can be downloaded fromwww.opsi.gov.uk/si/si2005/uksi_20051541_en.pdf

Fire KillsCampaign website to promote fire safetywww.firekills.gov.uk/

Fire Protection AssociationNews and resources from a national fire safetyorganisationwww.thefpa.co.uk


HSE priced and free publications on fire and explosion� For all the latest documents containing generalstandards and guidance on fire and explosion, go tothe HSE web page: www.hse.gov.uk/pubns/flamindx.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE workplace fire and explosion websiteThe HSE has a specific web page which draws togetherHSE information on workplace fire safety into oneplace at www.hse.gov.uk/fireandexplosion/workplace.htm

InfoScotland� All the latest details on the new fire safety lawsfor Scotland at www.infoscotland.com/firelaw

TUC (see Section 6.1 for contact details)� The TUC fire safety web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=334� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on fire safety. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance. For example,UNISON has produced an information sheet calledFire Safety which has been updated to take accountof the new fire safety laws atwww.unison.org.uk/acrobat/B165.pdf

� Do employees need additional training about special risksin their workplace – for example, staff in: kitchens andlaboratories, or electrical and maintenance engineers?

� Do employees designated in emergency plans tosupervise evacuations and fire drills or nominated aspersons to use fire-fighting equipment need additionalspecial training for these roles, including: the location,choice and use of fire fighting equipment; the means ofensuring that everyone has left the building?

Fire escape routes

� Is emergency lighting provided and tested regularly, witha full check and test by a competent engineer annually?


� Are they clearly signed?

� Are they kept clear and are they wide enough to preventa crush?

� Do they lead quickly and directly to a safe area (within2–3 minutes – includes a fire resistant staircase) – not,for example, into an enclosed yard?

� Do they take account of elderly, sick or disabledpeople or young children who may be on thepremises?

Fire doors and exits

� Are they clearly marked?

� Are they kept clear on both sides at all times?

� Do they lead quickly to a safe area – not, for example,into an enclosed yard?

� Do they open in the direction of escape (must not besliding or revolving)?

� Are they easily and quickly unlocked in the event offire, by ‘panic bars’, for example (they must not belocked by a key or similar device during workinghours)?

� Are they kept closed (fire-resisting doors are speciallyconstructed and placed to hold back fire and allow timefor people to escape, so they must never be left orpropped open)?


BASIC FACTS ABOUT IONISINGRADIATIONIonising radiation occurs naturally (for instance,from the radioactive decay of natural radioactivesubstances such as radon gas and its decay products)but can also be produced artificially. People can beexposed externally, to radiation from a radioactivematerial or a generator such as an x-ray set, orinternally, by inhaling or ingesting radioactivesubstances.

Radiation is harmful to living tissue and peoplemust be protected from excessive or unnecessaryexposure. Normally, our greatest exposure is toradiation of natural origin and exposure to sourcessuch as radon gas in houses or underground minescan be relatively high. It is possible, however, tocontrol exposure to radiation of artificial origin andthe law requires that doses of radiation to workersand the public be minimised and certain limits mustbe observed. Radiation risks can be considered in thesame way as risks presented by other harmful factorsconnected with work activity.

What is ionising radiation?Radiation means electromagnetic waves such aslight, radio waves and x-rays, and the particlesemitted by radioactive materials. These particles andthe more energetic of electromagnetic waves produceelectrically charged particles – called ions – in thematerials which they strike. This process ofionisation can cause changes in cells of living tissue,which, if severe enough and not counteracted by thebody’s defence mechanisms, can lead to ill-healtheffects such as mutation or cancer. Radiationproduced by ultraviolet lamps, lasers and radiotransmitters do not have sufficient energy to causeionisation, and are only hazardous under certaincircumstances.

Ionising radiation occurs as either electromagneticrays (such as x-rays and gamma rays) or particles(such as alpha and beta particles). Ionising radiationmost commonly encountered is:

� Alpha (�) particles: easily stopped, they do notpenetrate the skin. Radioactive materials that emitalpha particles are hazardous if swallowed orbreathed in, or if they enter the body they canincrease the radiation dose of tissue in which theyare absorbed

� Beta (�) particles (electrons) have greaterpenetrating power but are generally stopped by glass

or metal. Beta emitters can also be hazardous iftaken into the body

� Gamma (�) radiation and x-rays can penetraterelatively great thicknesses of matter before they areabsorbed but can be screened by lead, concrete orwater

The activity of all radioactive materials decays withtime. Each material has a ‘half-life’, the time takenfor the radioactivity to decay to half its originalvalue. In two half-lives the radioactivity is reduced toa quarter of its original level, and in ten half-lives toabout one thousandth. Half-lives vary from fractionsof a second to millions of years.

Radiation dose

Absorbed doses of radiation are expressed in termsof a unit called the gray (Gy), the amount of energyabsorbed in any sort of matter. Biologically, notonly is the amount of radiation important but alsoits type. Equal absorbed doses of different types ofradiation do not necessarily have the same effectsbecause of the way they yield energy as they passthrough tissue. In radiation protection, a secondunit taking these differing effects into account isused: the sievert (Sv). However, some tissues aremore sensitive to radiation damage than others sothe magnitude of the risk differs for differentorgans.

The overall risk of exposing the whole body toradiation is assessed by adding together theindividual risks of harm to each affected organ. Ifthe dose received by each organ is multiplied by anappropriate weighting factor to take account of itssensitivity, the sum of the products is called theeffective dose equivalent, commonly abbreviated to‘dose’, also measured in sieverts. Sieverts are verylarge units, and dose equivalents are more commonlyexpressed as:

� a microsievert: one millionth of a sievert, or

� a millisievert (mSv): one thousandth of a sievert

Doses of tens of grays to small regions of the bodyare used in radiotherapy to destroy cancerousgrowths. At the other extreme, a typical chest x-raygives about one-fiftieth of a millisievert (mSv).

Exposure of workersThe HSE’s Central Index of Dose Information (CIDI)lists a number of occupational groupings and

SECTION 4 CHAPTER 30 – IONISING RADIATION

HAZARDS AT WORK170

Ionising radiation30



HAZARDS AT WORK 171

categories of workers exposed to radiation which arereproduced atwww.hse.gov.uk/radiation/ionising/doses/index.htm

The main concerns of enforcing authorities has beenwith the control of exposure to radiation arisingfrom the use of radioactive materials and radiationgenerators in work activities in the nuclear industry;medical and dental practice; manufacturing;construction; engineering; paper manufacture;offshore drilling; education (colleges, schools); andnon-destructive testing.

Radiation effectsIf the whole body is exposed to very high doses ofradiation, damage to tissue is so great that the bodyis unable to recover and death is almost certain.Below the relatively high dose levels which can causethis kind of acute radiation damage, radiationexposure produces no readily visible symptoms.However, it raises the chances of those exposeddeveloping ill effects such as cancer which may notappear until some time later. This is because, whenradiation energy is absorbed in living tissue, it cancause very small changes in the genetic material(DNA) which carries the coded informationnecessary for the successful functioning of the body’scells.

Radiation can affect both the individual receivingthe dose (somatic effects) and subsequent generations(hereditary effects). The precise mechanisms bywhich cancer is induced by exposure to radiation arenot fully understood. However, an excess in incidentsof cancers has been observed in groups of peoplewho have been exposed to high doses of radiation inthe past. Not all people exposed to radiationcontract cancer and not all cancers arise as a resultof irradiation. Anyone exposed to doses of radiationhas an increased probability of contracting cancerand this probability depends largely on the dosereceived.

Studies continue to identify the causes of deathand the incidence of malignant disease amongstpeople who are occupationally exposed toradiation. These will enable differences between the

incidence of cancer amongst radiation workers andother groups to be identified and will provide acheck on present risk factors.

TUC cautionThe TUC urges caution as it believes that there is nosafe level of exposure to ionising radiation. TUCmembers of the Ionising Radiations AdvisoryCommittee and the HSC played a full part in theconsultative process that led to the 1999 IonisingRadiations Regulations and ACoP. For many yearsthe TUC had been pressing for tighter regulation ofionising radiation, and supported the stricterstandards that were introduced by the newRegulations and ACoP.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROL A considerable number of laws and regulations applyto ionising radiations. General duties can be found inthe following chapters of Hazards at Work:



� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, risk assessmentrequirements linked to the Ionising RadiationsRegulations and ACoP 1999

� The Personal Protective Equipment at WorkRegulations 1992 – Chapter 36, which have to beread in conjunction with Regulation 8 of the IonisingRadiations Regulations and ACoP 1999

� The Reporting of Injuries, Diseases andDangerous Occurrences Regulations 1995 – Chapter49, which require the reporting of certain diseasesassociated with ionising radiation

Specific laws are summarised below.

IONISING RADIATIONS REGULATIONS 1999(IRR 1999)

The main legal requirements enforced by the HSEare the IRR 1999 which came into force on 1January 2000. IRR 1999 apply to a large range ofworkplaces where either radioactive substances orelectrical equipment emitting ionising radiation areused. They also apply to work with naturalradiation, including work in which people areexposed to naturally occurring radon gas and itsdecay products. Any employer who undertakes

work with ionising radiation must comply withthese Regulations.

IRR 1999 require employers to keep exposure toionising radiation as low as reasonablypracticable. Exposures must not exceed specifieddose limits. Restriction of exposure should beachieved first by means of engineering controland design features. Where this is not reasonablypracticable employers should introduce safesystems of work and rely on the provision of PPEonly as a last resort.



HAZARDS AT WORK172

Regulation 5: Prior authorisationEmployers carrying out certain practices must do soin accordance with a prior authorisation granted bythe HSE. These practices concern the use of:

� accelerators (except electron microscopes)

� x-ray sets for the following specific purposes:industry radiography; the processing of products;research; the exposure of persons for medicaltreatment

Regulation 6 and Schedules 1 and 2: Notification ofspecified workA radiation employer shall not for the first time carryout work with ionising radiation unless the HSE hasbeen notified at least 28 days in advance. Some typesof work are exempt from the notification requirementunder Regulation 6(1) and Schedule 1.

Regulation 13; ACoP 217 and Schedule 5: RadiationProtection Advisers (RPAs)Before undertaking work with ionising radiation,employers need to consult one or more ‘suitable’RPAs for advice on how to comply with IRR1999. Schedule 5 specifies matters which requirethe advice of an RPA, including:

� the implementation of requirements as tocontrolled and supervised areas

� the prior examination of plans for installationsand the acceptance into service of new or modifiedsources

� the regular calibration of equipment

� periodic examination and testing of engineeringcontrols, design and safety features, warningdevices and systems of work

The HSE has issued criteria of competence forRPAs in a formal HSE Statement of competencefor RPAs. Individuals and organisations that wishto act as RPAs will need to satisfy the HSE’scriteria for core competence.

Regulations 7 and 12: Prior risk assessmentEmployers should already have carried out a“suitable and sufficient” risk assessment in orderto comply with Regulation 3 of the Managementof Health and Safety at Work Regulations 1999.The risk assessment process is a tool to helpemployers identify what needs to be done to meetrelevant health and safety requirements aimed atcontrolling risks. Risk assessments need to bereviewed when there has been a significant changein the matters to which they relate.

A radiation employer:

� cannot begin a new activity involving work with

ionising radiation until the risk assessment hasbeen made

� cannot carry out work with ionising radiationunless the assessment demonstrates that all hazardshave been identified and the risks evaluated

� shall prevent an identifiable radiation accidentoccurring, limit the consequences, inform, instructand train workers, after an assessment shows aradiation risk exists

� shall prepare a contingency plan where theassessment shows that a radiation accident isreasonably forseeable

Regulations 8–10: Restriction of exposure andmaintenance of controlsThe requirement to restrict exposure to ionisingradiation is central to IRR 1999. So far as isreasonably practicable, radiation employers musttake all necessary steps to restrict the exposure ofworkers and others to ionising radiation:

� by engineering controls and design features, andthe provision and use of safety features andwarning devices

� additionally provide systems of work

� additional personal protective equipment (PPE)

Action to control the doses received should be byengineered means. Only after these have beenapplied should consideration be given to the use ofsupporting systems of work. Lastly, PPE should beprovided to restrict further exposure after reducingthe risk by other control measures.

The requirement to restrict exposure as far asreasonably practicable includes explicit provisionsrequiring the proper maintenance, examinationand testing of any engineering control, designfeature, safety feature or warning device, or PPEprovided to restrict exposure. Any PPE providedmust comply with the Personal ProtectiveEquipment at Work Regulations 1992.

Regulation 8(5): Pregnant and breastfeeding employeesAs part of the general requirement to restrictexposure, employers working with ionisingradiation will need to consider the workingconditions of women who might be pregnant orbreastfeeding. The employer must ensure that:

� after being notified of the pregnancy, theequivalent dose to the foetus is unlikely to exceed1 millisievert during the remainder of thepregnancy

� where an employee is breastfeeding her infant,conditions of exposure are restricted to preventsignificant bodily contamination



HAZARDS AT WORK 173

These requirements also have implications for thetraining, information and instruction of femalestaff under Regulation 14. It is imperative thatthey realise the importance of declaring theirpregnancy and breastfeeding to their employer.

Regulation 8(7): As Low As Reasonably Practicable(ALARP) investigation levelEmployers are encouraged to set their ownappropriate investigation level depending on theparticular circumstances of the work with ionisingradiation. The purpose of these investigation levelsis to trigger a review of the working conditionswhen workers receive recorded doses exceeding thespecified level. If employers do not set a lowerlevel they must always carry out an investigation,when 15 mSv is exceeded for the first time.

Regulation 11 and Schedule 4: Dose limitsThe main limits specified under IRR 1999 are:

� the principal dose limit is now 20 millisievertsfrom external and internal radiation in anycalendar year (starting from 1 January 2000).There is an exception for special cases where theemployer can show that this limit is impracticablefor a specific individual employee subject to strictconditions. In those special cases the dose limit willbe 100 mSv in five years with no more than 50mSv in a single year

� the limit for trainees is 6 mSv

� for other people (e.g. members of the public) thelimit is generally 1 mSv in any calendar year

� the dose limit for an area of skin remains at 500mSv, but the dose must be averaged over 1cm2

� for women of reproductive capacity, the specialdose limit to the abdomen is 13 mSv in any threemonths

Regulation 20: Designation of classified personsWorkers over 18 years, who have been certified by anappointed doctor as fit for work with ionisingradiation, must be designated as classified persons if:

� they are likely to receive an effective dose inexcess of 6mSv per year, or

� an equivalent dose which exceeds three-tenths ofany relevant dose limit

Employers must notify the workers that they havebeen designated.

Regulation 21: Approved Dosimetry Services (ADS)Employers who designate workers as classifiedpersons under Regulation 20 will need to engageapproved dosimetry services to undertake anydose assessments, to open and maintain doserecords and to provide relevant information

from those records. Dosimetry services areapproved by the HSE for specific purposes underRegulation 35.

Regulation 24, AcoP 446 and Schedule 7: MedicalsurveillanceAdequate medical surveillance is required for:

� classified persons or those to be designated asclassified persons

� employees receiving overexposure

� employees engaged in work with conditionsattached

Adequate medical surveillance should include:

� a medical examination before first beingdesignated as a classified person

� periodic reviews of health at least once every year

� special medical surveillance of an employee whena relevant dose limit has been exceeded

� a review of health after cessation of work

Health records with the particulars identified inSchedule 7 shall be kept until the person has orwould have attained the age of 75 years, and atleast for 50 years from the date of the last entry.

Regulations 25–26: Investigation and control ofoverexposureOverexposure of an employee has to beinvestigated immediately and notified to the HSE.Future doses need to be limited.

Regulations 16 and 18: Controlled and designatedareasIRR 1999 requires areas to be designated as‘controlled areas’ on the basis that:

� special procedures are needed to restrictsignificant exposure, or prevent/limit the risk ofradiation accidents

� an employee is likely to receive an annual dose inexcess of 6 mSv per year in the area

Decisions about controlled areas should be basedon the employer’s risk assessment. Employers willneed to consider many factors including:

� the likelihood of a radiation accident in the area

� the nature of the radiation sources

� the extent of the work in the area

� likely dose rates

� periods of exposure and

� the possibility of contamination



HAZARDS AT WORK174

There is also a requirement for designatingsupervised areas where:

� the conditions of that area should be reviewed todetermine designation as a controlled area

� any person is likely to receive an effective dosegreater than 1 mSv a year

Controlled areas should be physically demarcatedand suitable signs should be provided for bothcontrolled and supervised areas. Entry intocontrolled areas should also be restricted.

Regulation 17: Local rules and radiation protectionsupervisorsThe requirement for local rules is focused uponcontrolled areas and where appropriate supervisedareas. Written local rules should be developed bythe employer (with the advice of the radiationprotection adviser), brought to the attention ofemployees, and the radiation employer shouldensure that the rules are carried out and observed.

Radiation protection supervisors should beappointed by the radiation employer to securecompliance in any area made subject to local rules.

Written local rules should:

� identify key working instructions to restrictexposure

� be appropriate to the nature and degree of risk

� cover work in normal circumstances

� cover particular steps to be taken to controlexposure in the event of a radiation accident, as setout in the Contingency Plan required underRegulation 12

� include the names of radiation protectionsupervisors

� in the case of controlled areas, include asummary of the arrangements for restricting accessinto that area

Regulation 14(a–b): EmployeesEmployers must ensure that employees who work

with ionising radiation are trained, informed andinstructed so that they know:

� the risks to health created by exposure toionising radiation

� the precautions which should be taken

� the importance of complying with the medical,technical and administrative requirements of theRegulations

Employers must also inform other persons who aredirectly concerned with ionising radiation work.

Regulation 14(c): Female employeesFemale workers must be informed about:

� the possible risk to the foetus and to a nursing infant

� the need to inform the employer in writing afterbecoming aware of their pregnancy or if they arebreastfeeding

Guidance paragraph 47: Consultation with safetyrepresentativesEmployers must consult safety representatives on avariety of matters under the SRSC Regulations 1977(see Chapter 3 above). This consultation should alsotake place in relation to the requirements of IRR1999 that have been outlined above.

Regulation 34: Duties of employeesEmployees are required to:

� not knowingly overexpose themselves to ionisingradiation

� exercise reasonable care

� use and return PPE and report any defects

� comply with reasonable requirements

� co-operate with medical surveillancerequirements and

� report overexposure to the employer

Further information from the HSE on theRegulations is available atwww.hse.gov.uk/radiation/ionising/legalbase.htm



HAZARDS AT WORK 175

THE RADIOACTIVE SUBSTANCES ACT 1993

The Radioactive Substances Act 1993 is mainlyconcerned with the control of radioactive wasteand is enforced by the Environment Agencies.

THE IONISING RADIATION (MEDICALEXPOSURE) REGULATIONS 2000

To implement the European Directive onmedical exposures (97/43/Euratom) the IonisingRadiation (Medical Exposure) Regulations 2000(IRMER) were introduced in April 2000. Theseregulations place additional duties on employerscarrying out medical exposures – whether fordiagnosis or treatment. They define the roles ofduty holders involved in medical exposures(referrers, practitioners and operators), specifythe requirement for all uses of radiation inmedicine or dentistry to be justified and alsodefine increased requirements for theappropriate training of staff.

The Department of Health takes the lead on theIRMER regulations and further information isavailable at:www.hse.gov.uk/radiation/ionising/legalbase.htm andwww.dh.gov.uk/

THE RADIATION (EMERGENCY PREPAREDNESSAND PUBLIC INFORMATION) REGULATIONS 2001

The Radiation (Emergency Preparedness andPublic Information) Regulations 2001 (REPPIR)implement in Great Britain the articles onintervention in cases of radiation (radiological)emergency in Council Directive 96/29/Euratom,also known as the BSS96 Directive. REPPIR aimto protect members of the public from a radiationemergency that could arise from work withionising radiation. A radiation emergency is anevent that is likely to result in any member of thepublic receiving an effective dose of 5 mSv duringthe year immediately following the emergency.

REPPIR establishes a framework of emergencypreparedness measures to ensure that membersof the public are:

� properly informed and prepared, in advance,about what to do in the unlikely event of aradiation emergency occurring

� provided with information if a radiationemergency actually occurs

Further information is available atwww.hse.gov.uk/radiation/ionising/legalbase.htm

WHAT CAN SAFETY REPRESENTATIVESDO?The TUC believes that there is no absolutely safelevel of exposure to ionising radiations. The stricterstandards in IRR 1999 are an improvement on IRR1985, but doses should be reduced as far as possiblebelow the dose figures in IRR 1999, in order toreduce the risks to health to the lowest practicablelevel. This obviously involves making carefuljudgements based on the best possible scientificunderstanding of the dose–risk relationship. Sincethere is acknowledged uncertainty about such riskestimates, particularly at low doses, the TUC favoursa very cautious approach when making radiologicalprotection decisions.

The TUC supports the ‘as low as reasonablypracticable’ (ALARP) principle and accepts that ithas achieved some success in reducing doses.However, strict application of the restriction ofexposure requirements under Regulation 8 of IRR1999 is absolutely essential (see above).

Safety representatives are encouraged to use theirrights under the SRSC Regulations to fully engage inthe risk assessment process involving ionisingradiation. The checklist below can help safetyrepresentatives to inspect and monitor theiremployer’s actions with ionising radiation.

Safety representatives should report theirconcerns and those of their members tomanagement in writing. Use Chapter 7 above forideas on how you can make sure that managementgets things done.

HIGH ACTIVITY SEALED RADIOACTIVE SOURCESAND ORPHAN SOURCES REGULATIONS 2005

The Environment Agencies also enforce the HighActivity Sealed Radioactive Sources and OrphanSources Regulations 2005 (HASS) with theexception of high activity sealed radioactivesources that are kept, used, accumulated anddisposed of on nuclear licensed sites, where theHSE is the regulatory authority for Great Britain.

The HASS Regulations do not affect a user’srequirement to comply with the IRR99, despitesome of the requirements of the HASS Directiveduplicating to some extent requirements of theIRR99. Users must comply with both sets oflegislation and HSE and the EnvironmentAgencies work closely to ensure a consistent andcomprehensive regulatory approach.



HAZARDS AT WORK176

Checklist

Ionising radiation

Consult with your employer about new work with ionisingradiation that is planned or review existing arrangements tocheck that they comply with IRR 1999.

� What is the nature of the sources of ionising radiation tobe used, or likely to be present, including accumulationof radon in the working environment?

� What are the estimated radiation dose rates to whichanyone can be exposed?

� What is the likelihood of contamination arising and beingspread?

� What are the results of any previous personaldosimetry or area monitoring relevant to the proposedwork?

� Has there been any advice from the manufacturer orsupplier of equipment about its safe use andmaintenance?

� What engineering control measures and design featuresare already in place or planned?

� Are there any planned systems of work?

� What estimated levels of airborne and surfacecontamination are likely to be encountered?

� What are the effectiveness and the suitability of personalprotective equipment to be provided?

� What is the extent of unrestricted access to workingareas where dose rates or contamination levels are likelyto be significant?

� What are the possible accident situations, their likelihoodand potential severity?

� What are the consequences of possible failures ofcontrol measures – such as electrical interlocks,ventilation systems and warning devices – or systemsof work?

� What steps have been taken to prevent identifiedaccident situations or limit their consequences?

As a result of the answers to the questions above:

� what action is needed to ensure that the radiationexposure of all persons is kept as low as reasonablypracticable (Regulation 8(1))?

� what steps are necessary to achieve this control ofexposure by the use of engineering controls, designfeatures, safety devices and warning devices (Regulation8(2)(a)) and, in addition, by the development of systemsof work (Regulation 8(2)(b))?

� is it appropriate to provide personal protective equipmentand if so what type would be adequate and suitable(Regulation 8(2)(c))?

� is it appropriate to establish any dose constraints forplanning or design purposes, and if so what valuesshould be used (Regulation 8(3))?

� is there a need to alter the working conditions of anyfemale employee who declares she is pregnant or isbreastfeeding (Regulation 8(5))?

� what is an appropriate investigation level to check thatexposures are being restricted as far as reasonablypracticable (Regulation 8(7))?

� what maintenance and testing schedules are required forthe control measures selected (Regulation 10)?

� what contingency plans are necessary to addressreasonably foreseeable accidents (Regulation 12)?

� what are the training needs of classified and non-classified employees (Regulation 14)?

� what need is there to designate specific areas ascontrolled or supervised areas and to specify local rules(Regulations 16 and 17)?

� what are the actions needed to ensure restriction ofaccess and other specific measures in controlled orsupervised areas (Regulation 18)?

� is there a need to designate certain employees asclassified persons (Regulation 20)?

� what should the content be of a suitable programme ofdose assessment for employees designated as classifiedpersons and for others who enter controlled areas(Regulations 18 and 21)?

� are the responsibilities of managers for ensuringcompliance with these Regulations clear and do themanagers adhere to their responsibilities?

� is there an appropriate programme of monitoring orauditing of arrangements to check that the requirementsof these Regulations are being met?



HAZARDS AT WORK 177


Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 47: Electromagnetic Radiation� No. 10: Ionising Radiation Standards



HSE ionising radiation websiteThe HSE has a specific web page which drawstogether HSE information on ionising radiations inone place at www.hse.gov.uk/radiation/ionising/index.htm

HSE non-ionising radiation websiteThe HSE has a specific web page which drawstogether HSE information on non-ionising radiationsin one place atwww.hse.gov.uk/radiation/nonionising/index.htm

HSE priced and free publications on ionising radiations � For all the latest documents containing generalstandards and guidance on ionising radiations, go tothe HSE web page:www.hse.gov.uk/radiation/ionising/publications.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

Health Protection Agency: Radiation ProtectionDivision (see Section 6.5 for contact details)On 1 April 2005, the Agency was established as anon-departmental public body, replacing the HPA

special health authority (SpHA) and the NationalRadiological Protection Board (NRPB) and withradiation protection as part of health protectionincorporated in its remit. Further details andinformation at www.hpa.org.uk/default.htm

International Agency for Research on CancerNews and publications at www.iarc.fr/

International Commission on Radiological ProtectionNews and publications at www.icrp.org/

London Hazards Centre (see Section 6.2 for contactdetails)� Electromagnetic Fieldswww.lhc.org.uk/members/pubs/factsht/52fact.htm� Risk Assessment – A Simple Standardwww.lhc.org.uk/members/pubs/factsht/80fact.htm

TUC (see Section 6.1 for contact details)� TUC health and safety web pages atwww.tuc.org.uk/h_and_s/index.cfm� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Most unions provide guidance on health andsafety issues. The website addresses of all tradeunions are on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on ionisingradiations


SECTION 4 CHAPTER 31 – LONE WORKING

HAZARDS AT WORK178

BASIC FACTS ABOUT LONE WORKINGThe HSE says lone workers are “those who work bythemselves without close or direct supervision”. Carework, shopwork, maintenance work – most jobs –can require people to be left alone and isolated. Itcan be dangerous. Workers have been murdered.Health, postal, emergency and shopworkers arefrequently attacked. Injured workers have remainedundiscovered for hours.

Many of the hazards that lone workers face aresimilar to those faced by other workers. However,the risks involved may be greater because the workeris on their own. In the 2008 TUC safetyrepresentatives survey, working alone was the sixthmain hazard of concern for safety representatives.The main sectors where working alone was cited bysafety representatives as one of the top five hazardswere:

� health services (48 per cent)

� local government (41 per cent)

� transport and communications (37 per cent)

� construction (36 per cent)

� banking, insurance and finance (45 per cent)

� voluntary sector (42 per cent)

Who is at risk?Three broad groups of workers are at risk – those:

� working alone on site

� working away from base and

� homeworkers

The HSE, in its publication Working Alone in Safety(INDG73) gives examples of the wide range ofsituations where lone workers may be found.

People in fixed establishments where:

� only one person works on the premises, forexample, in small workshops, petrol stations, kiosks,shops and also homeworkers

� people work separately from others, forexample, in factories, warehouses, some researchand training establishments, leisure centres orfairgrounds

� people work outside normal hours, for example,cleaners, security, special production, maintenance or

repair staff, etc.

Mobile workers working away from their fixed base:

� on construction, plant installation, maintenanceand cleaning work, electrical repairs, lift repairs,painting and decorating, vehicle recovery, etc.

� agriculture and forestry workers

� service workers, for example, rent collectors, postalstaff, social workers, home helps, district nurses, pestcontrol workers, drivers, engineers, architects, estateagents, sales representatives and similar professionalsvisiting domestic and commercial premises

The full text of the HSE guide Working Alone inSafety (INDG73) is at www.hse.gov.uk/pubns/indg73.pdf

The Hazards magazine factsheet No. 72: WorkingAlone (available atwww.hazards.org/haz72/loneworking.pdf, and see box andFurther Information below), provides a very usefultable summarising some of the hazards that differentcategories of workers face.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere is no specific law dealing with lone working.However, there are a number of laws that apply, asdetailed in the following chapters of Hazards atWork:


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of employees. Therequirements regarding safe systems of work, healthand safety policies, information, training andinstruction, and a safe working environment areparticularly important

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with the obligationsplaced upon employers to make suitable andsufficient assessments of risks to their employees.They must also make arrangements for the healthand safety of employees by effective planning,

Lone working31



HAZARDS AT WORK 179

organisation, control, monitoring and review. If therisk assessment shows that it is not possible for thework to be done safely by a lone worker, then otherarrangements should be put in place


� Provision and Use of Work EquipmentRegulations 1998 – Chapter 43, with therequirements to provide suitable equipment andtraining

� Reporting of Injuries, Diseases and DangerousOccurrences Regulations 1995 – Chapter 49, whereemployers must notify their enforcing authority inthe event of an accident at work to any employeeresulting in death, major injury or incapacity fornormal work for three or more days. This includesany act of non-consensual physical violence done toa person at work

� Confined Spaces Regulations 1997 – Chapter 22,and the Electricity at Work Regulations 1989 –Chapter 27. There are some high-risk activitieswhere at least one other person may need to bepresent. Examples include some high-risk confinedspace working where a supervisor may need to bepresent, as well as someone dedicated to the rescuerole, and electrical work at or near exposed liveconductors where at least two people are sometimesrequired

� The Health and Safety (First Aid) Regulations1981 – Chapter 50

HSE guidanceLegal and other standards referred to above are wellsummarised by the HSE in its publication WorkingAlone in Safety (INDG73). The principles outlinedbelow are based upon this guidance.

Can people legally work alone?There is no general legal prohibition on workingalone. So, the starting point for employers and safetyrepresentatives is the employer’s legal requirement toassess risks and put in place measures to avoid orcontrol the risks. If the risk assessment shows that itis not possible for the work to be done safely by alone worker, then other arrangements must be put inplace. It is important to talk to safety representativesand employees who are a valuable source ofinformation and advice. This will help to ensurethat:

� all relevant hazards have been identified

� risks have been assessed

� appropriate controls have been chosen

Can the risks of the job be adequately controlled by oneperson?Lone workers should not be at more risk than other

HAZARDS PUBLICATIONS: FACTSHEET 72

Worker Hazards

Taxi drivers Abusive customers, road rage, violence, robbery, road accidents

Institution staff, social workers, health visitors Abusive/violent patients/clients/relatives, lifting hazards

Electrical/maintenance workers Electric shocks, trips, cuts, falls, accidents, confined spaces

Emergency workers, security workers Abuse, violence, robbery, traffic hazards, accidents, biological hazards,falls, burns, toxic exposures

Farm/forestry/horticultural workers Animal attack, weather, machinery accidents, chemicals

Home helps, care assistants, cleaners Falls, injury, lifting, injuries from garbage handling, infections,chemicals, violence, robbery

Laboratory workers Chemical over-exposure, biological agents, physical hazards, fires

Meter readers, delivery, postal workers Animal attack, abusive customers, violence, robbery, accidents

Nursing staff Lifting injuries, abusive patients, drug handling, robbery, violence

Parking attendants Robbery, violence, abuse, vehicle fumes

Sewer/public workers Confined spaces, toxic gases, bio-hazards, slips and falls

Shop/service sector workers Robbery, violence, abuse, lifting injuries

Transport workers Abuse, road rage, violence, robbery, road accidents, falling asleepat the wheel

Many other groups of workers will at times be at risk: journalists, kiosk workers, sales representatives, estate agents, warehouseworkers, window cleaners, pest controllers, building workers, doctors, teachers outside school working hours



HAZARDS AT WORK180

employees. This may require extra risk-controlmeasures. Precautions should take account of normalwork and foreseeable emergencies, e.g. fire,equipment failure, illness and accidents. Employersshould identify situations where people work aloneand ask questions such as:

� Does the workplace present a special risk to thelone worker?

� Is there a safe way in and a way out for oneperson? Can any temporary access equipment whichis necessary, such as portable ladders or trestles, besafely handled by one person?

� Can all the plant, substances and goods involvedin the work be safely handled by one person?Consider whether the work involves lifting objectstoo large for one person or whether more than oneperson is needed to operate essential controls for thesafe running of equipment.

� Is there a risk of violence?

� Are women especially at risk if they work alone?

� Are young workers especially at risk if they workalone?

Is the person medically fit and suitable to work alone?Check that lone workers have no medical conditionswhich make them unsuitable for working alone. Seekmedical advice if necessary. Consider both routinework and foreseeable emergencies which may imposeadditional physical and mental burdens on theindividual.

What training is required to ensure competency in safetymatters?Training is particularly important where there islimited supervision to control, guide and help insituations of uncertainty. Training may be critical toavoid panic reactions in unusual situations. Loneworkers need to be sufficiently experienced and tounderstand the risks and precautions fully.Employers should set the limits to what can andcannot be done while working alone. They shouldensure employees are competent to deal withcircumstances which are new, unusual or beyond thescope of training, e.g. when to stop work and seekadvice from a supervisor and how to handleaggression.

How will the person be supervised?Although lone workers cannot be subject to constantsupervision, it is still an employer’s duty to ensuretheir health and safety at work. Supervision can helpto ensure that employees understand the risksassociated with their work and that the necessarysafety precautions are carried out. Supervisors canalso provide guidance in situations of uncertainty.Supervision of health and safety can often be carriedout when checking the progress and quality of thework; it may take the form of periodic site visits

combined with discussions in which health andsafety issues are raised.

The extent of supervision required depends on therisks involved and the ability of the lone worker toidentify and handle health and safety issues.Employees new to a job, undergoing training, doinga job which presents special risks, or dealing withnew situations may need to be accompanied at first.The level of supervision required is a managementdecision which should be based on the findings ofrisk assessment. The higher the risk, the greater thelevel of supervision required. It should not be left toindividuals to decide whether they require assistance.

Procedures will need to be put in place to monitorlone workers to see they remain safe. These mayinclude:

� supervisors periodically visiting and observingpeople working alone

� regular contact between the lone worker andsupervision using either a telephone or radio

� automatic warning devices which operate ifspecific signals are not received periodically from thelone worker, e.g. systems for security staff

� other devices designed to raise the alarm in theevent of an emergency and which are operatedmanually or automatically by the absence of activity

� checks that a lone worker has returned to theirbase or home on completion of a task

What happens if the person becomes ill, has an accidentor there is an emergency?Lone workers should be capable of respondingcorrectly to emergencies. Risk assessment shouldidentify foreseeable events. Emergency proceduresshould be established and employees trained in them.Information about emergency procedures and dangerareas should be given to lone workers who visitemployers’ premises. Lone workers should haveaccess to adequate first-aid facilities and mobileworkers should carry a first-aid kit suitable fortreating minor injuries. Occasionally the riskassessment may indicate that lone workers needtraining in first aid.

The full HSE guide Working Alone in Safety(INDG73) can be found atwww.hse.gov.uk/pubns/indg73.pdf

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle problems with lone working.

Membership awarenessUse posters and leaflets to bring up the issue of lone



HAZARDS AT WORK 181

working with members and take the opportunity ofdiscussing it with them to see if they think that thereare any problems. Safety representatives shouldreport their concerns and those of their members tomanagement in writing. Use Chapter 7 above forideas on how you can make sure that managementgets things done.

Surveys and inspectionsSafety representatives could conduct a survey to findout whether lone working is a problem in theworkplace. Safety representatives can also use theirroutine inspections or undertake special inspectionsto speak to members about lone working.

Lone working policy and procedureSafety representatives can negotiate with employersto produce jointly agreed policy and procedures totackle problems associated with lone working. Someof the key points include:

Working alone on siteSimple guidelines would involve:

� agreed reporting lines for lone workers on site

� a signing-in procedure

� induction sessions for the worker (covering itemssuch as access, welfare facilities, accident reporting,first-aid arrangements and emergency procedures)

� explaining risk assessments and protective andpreventive measures

� agreeing arrangements for the provision of workequipment

Working away from baseIf the work involves a visit to another workplace,preventive measures would generally be theresponsibility of the employer in control of thatworkplace, although the employee’s own employeralso has responsibilities too.

Particular problems for lone workers working awayfrom their base include:

� risk assessments

� transport

� supervision

� communication

� accident procedures

� work equipment

Although risk assessments for many of the activitiescan be carried out on a generic basis, the situation inwhich the worker is required to carry out the taskmay affect the level of risk. A telephone engineermay be more likely to fall when working in anexposed, windy location. In addition the severity of

an injury may be increased by delays in emergencytreatment. A generic risk assessment should beregarded only as a starting point for tasks beingdone by a lone worker.

Many people working away from base may spendlong periods driving alone as part of their workactivities, and driving to and from work. The mainrisk for drivers working alone is breaking down inan isolated area. This risk could be increased byemployers expecting staff to use their own vehicleswhere there may be a possibility that the vehicle hasnot been maintained for a high mileage. Managingroad risk is dealt with in Chapter 40 below.

Effective supervision relies upon good andeffective communication. It is essential that thesupervisor and worker must be able to communicateeasily and regularly. Employers should establishsystems to facilitate regular contact. Any system ofcommunication in the event of an accident relies onthe worker’s base knowing his/her exact location orroute. If a routine call was missed, therefore, theemergency response could be directed to the correctarea.

Training is particularly important where there islimited supervision to control, guide and help in

Checklist

Lone working

� Resist cost-cutting exercises that result in loneworking

� Staff should work in pairs at difficult or remote sitesincluding home/community visits

� Safe completion of jobs should be reported

� A responsible person should keep records of staffwhereabouts and of their arrival/departure times

� Information on high-risk geographical areas or jobsshould be given to staff, particularly new employees

� Forms should be provided to staff to record incidentsand key information

� Where necessary, jobs should be reorganised toprovide a safer system of work

� The necessity for handling cash or dangerousmaterials should be reassessed

� Mobile phones/two-way radios/personal alarms shouldbe provided if necessary

� Procedures should be regularly reviewed to make surethat they are working

� All accidents, near misses and incidents of violenceshould be recorded and studied at regular intervals toprevent further occurrences



HAZARDS AT WORK182

situations of uncertainty. It is critical to avoid panicreactions in unusual situations. Solitary workersneed to:

� understand the risks involved in the work

� understand the necessary precautions

� be sufficiently experienced

Employers should establish clear procedures to setthe limits of what can and cannot be done whileworking alone. They should specify how to behavein circumstances which are new, unusual or beyondthe scope of training. For example, when to stopwork and seek advice from a supervisor.

One major source of accidents when workingaway from base is the selection and use of tools andequipment. This must be subject to strict control,with the employee only using items supplied by theemployer for the purpose. Selection and use of thisequipment must be in line with the requirements ofProvision and Use of Work Equipment Regulations1998 (PUWER 98). Portable electrical equipment

should be regularly checked to comply with theduties under the Electricity at Work Regulations1989. Where equipment is issued, records of suchissue and subsequent testing must be kept.


Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 72: Working Alone



HSE priced and free publications on violence� For all the latest documents containing generalstandards and guidance on lone workers, go to theHSE web page: www.hse.gov.uk/

Checklist

Guidelines for good practice in personal safety

The following is based on the Chartered Society ofPhysiotherapy’s checklist Personal Safety for Lone Workers:

� ensure that risk assessments identify lone working on-and off-site as a potential hazard

� challenge cost-cutting exercises which cut staff andpotentially compromise members’ safety by forcing themto work alone

� accurate records of staff whereabouts, includingestimated return and appointment times, should be keptand clearly communicated

� reporting-in systems at regular intervals, e.g. lunchtime,end of the day etc., and clearly understood procedures asto what to do in the event of non-reporting in, need tobe in place

� introduce a policy of no new visits after dark, wherepossible and certainly not alone

� no visits alone to tower blocks, multi-occupancy buildingsor areas where the member cannot drive and park veryclose to the place being visited

� compile a list of agreed areas which will never be visitedalone or after dark. Information on such high-risk areasshould be communicated clearly, particularly to newmembers

� ensure policies are in place which encourage members toleave immediately if they feel vulnerable, and assurethem of managerial support

� never allow doors to be locked, locking members insideresidences

� ensure sufficient staffing levels which allow members tovisit in pairs when necessary

� consider and assess whether or not any new clientsshould be visited alone

� communication measures, such as personal alarms, haveextremely limited effectiveness, but two-way radios andmobile phones may be helpful. Ensure proper training isreceived in the use of such alarm and communicationequipment

� referral information should be as accurate, comprehensiveand up-to-date as possible; be in writing; and shouldestablish if the referrer is familiar with the home situation.They should also identify whether or not it is appropriatefor a therapist or assistant to visit alone: this questioncould pertain to the location, client, carers, etc.

� referrals should be followed up with telephone contact toestablish more information and to make contact with theclient, prior to any visit

� problems and incidents should always be reported, andacted upon

� training in – for example – inter-personal skills, aggressionmanagement and assertiveness, and information should beregularly updated and offered to all staff, and proceduresand ways of working should be reviewed regularly

The full text of CSP information paper Personal Safety forLoneworkers is available at www.csp.org.uk/uploads/documents/csp_erus_brief_loneworkers.pdf



HAZARDS AT WORK 183


HSE work-related violence and lone workers websiteThe HSE has a specific web page which drawstogether HSE information on lone working andviolence in one place atwww.hse.gov.uk/violence/loneworkers.htm

International Labour Organisation(see Section 6.4 for contact details)� Resources on violencewww.ilo.org/public/english/protection/safework/violence/

Labour Research Department (see Section 6.2 forcontact details)� Women’s Health and Safety £4.75� Violence at Work £3.30

London Hazards Centre (see Section 6.2 for contactdetails)� Lone Workingwww.lhc.org.uk/members/pubs/factsht/65fact.htm

National Group on HomeworkingCampaign group for homeworkerswww.homeworking.gn.apc.org/

Suzy Lamplugh TrustA charity concerned with personal safetywww.suzylamplugh.org/home/index.shtml

TUC (see Section 6.1 for contact details)� The TUC lone working web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=337� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on lone working.The website addresses of all trade unions are on theTUC website at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union, or visit your union’s websiteto find out if it produces any guidance on loneworking. For example, the GMB has produced asafety representative’s guide to working alone atwww.gmb.org.uk


SECTION 4 CHAPTER 32 – MANUAL HANDLING

HAZARDS AT WORK184

BASIC FACTS ABOUT MANUAL HANDLINGManual handling means more than simply lifting orcarrying something. The term is used to describeactivities including lifting, lowering, pushing, pulling,carrying, moving, holding or restraining an object,animal or person. It also covers activities that requirethe use of force or effort such as pulling a lever oroperating power tools.

According to the HSE, musculoskeletal disorders(MSDs) are the most common cause of occupational illhealth in Great Britain, currently affecting 1 millionpeople a year and costing society £5.7 billion(www.hse.gov.uk/msd/mac/index.htm). MSDs affect themuscles, joints, tendons and other parts of themusculoskeletal system. Musculoskeletal disorders arestill a major hazard in workplaces and the situationappears to be deteriorating again after someimprovement in 2006. In the 2008 TUC survey, two-fifths of representatives (40 per cent) identified repetitivestrain injuries (RSI) as a major concern, while over threein ten (31 per cent) saw back strain as a problem. RSIwas the third most identified hazard and back strainfifth – a continued cause for concern given the emphasisthe HSE has placed on reducing these injuries. Backstrains caused particular problems in the health service(47 per cent), distribution, hotels and restaurants (67 percent) and leisure services (52 per cent).

According to the HSE leaflet Getting to Grips withManual Handling, more than a third of all reportedinjuries to the HSE that result in someone being offwork for more than three days are caused by manualhandling. A trade union survey has found back pain isfar more common and affects a wider group of peoplethan previously thought – with sedentary work one ofthe causes. An online poll carried out for thephysiotherapists’ union CSP found that two thirds ofthe population (68 per cent) were struck down withback pain at least once in the previous 12 months. Athird of those affected experienced a “shocking” fiveor more episodes over the course of the year. Mostsufferers said their back pain lasted between one andthree days, but for one fifth the pain is ongoing. Itsays people of all ages are affected.

The hazards from manual handling are responsiblefor a heavy toll of suffering, much of it endured insilence and never fully reported. Thousands ofworkers have to leave their jobs each year, thousandsmore stay on only to suffer further. If a job feelsuncomfortable then it is probably doing harm. Theaim should be to fit the job to the worker, not theother way round.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations ofgeneral application apply to manual handling. Dutiescan be found in the following chapters of Hazards atWork:



� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with theobligations placed upon employers to make suitableand sufficient assessments of risks to theiremployees. They must also make arrangements forthe health and safety of employees by effectiveplanning, organisation, control, monitoring andreview


� Workplace (Health, Safety and Welfare)Regulations 1992 (as amended) – Chapter 45

� the Reporting of Injuries, Diseases and DangerousOccurrences Regulations 1995 – Chapter 49, whereemployers must notify their enforcing authority inthe event of an accident at work to any employeeresulting in death, major injury or incapacity fornormal work for three or more days

The HSE has produced an online Manual HandlingAssessment Chart tool to help the user identify high-risk workplace manual handling activities. It can befound at www.hse.gov.uk/msd/mac/index.htm The tool canbe used to assess the risks posed by lifting, carryingand team manual handling activities. It is designed tohelp employers understand, interpret and categorisethe level of risk of the various known risk factorsassociated with manual handling activities. TheMAC incorporates a numerical and a colour codingscore system to highlight high-risk manual handlingtasks.

Manual handling32



HAZARDS AT WORK 185

WHAT CAN SAFETY REPRESENTATIVES DO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle problems to do with manual handling.

Identifying manual handling problemsSafety representatives can help to identify sources ofrisk, mobilise members and press employers to makeimprovements. Safety representatives can:

� carry out regular inspections

� look critically at all work operations that involvelifting, carrying, pushing or pulling

� make a list of all such tasks

� note the size, shape and weight of the loads involved(bags, boxes, bales, sacks, drums of chemicals)

� ask members how often they have to handle heavyloads, through what heights, over what distance, underwhat conditions, how often and with what assistance

� circulate a short questionnaire to members

� try out body mapping with members

� make an inventory of typical loads and manualhandling tasks for each department

� look at the accident book and sickness records.How many accidents seem to be connected withmanual handling, and how much absence isassociated with back trouble or rheumatism?

� ask members if they have ever suffered with aback problem and to what extent it was caused oraggravated by manually handling loads at work

� check how many members with limited manualhandling capacity (through age, size, poor health,pregnancy, etc.) are required to handle heavy loads

� ask if members are required to handle heavyloads outside the workplace, e.g. delivering goods

� rank the problems identified in terms of priorityand work out which to tackle first

THE MANUAL HANDLING OPERATIONSREGULATIONS 1992 (AS AMENDED)

The Manual Handling Operations Regulations cameinto force on 1 January 1993. Amendments to theRegulations were made in 2002 and updated Guidancewas published by the HSE in November 2004.

Interpretation (Regulation 2)� a load includes any person and any animal

� manual handling operations means anytransporting or supporting of a load (including thelifting, putting down, pushing, pulling, carrying ormoving thereof) by hand or by bodily force

Employers’ duties (Regulation 4)Regulation 4(1) establishes a clear hierarchy ofmeasures that employers must follow which areexplained in detail below.

� Regulation 4(1)(a) Avoidance of manual handling:so far as is reasonably practicable, avoid the needfor employees to undertake any manual handlingoperations which involve a risk of injury.

� Regulation 4(1)(b)(i) Assessment of risk: where it isnot reasonably practicable to avoid the need foremployees to undertake any manual handlingoperations which involve a risk of injury, to makea suitable and sufficient assessment of manualhandling operations. This assessment should takeaccount of the factors in Schedule 1 of theRegulations, which include: the task; the load; theworking environment; individual capability

� Regulation 4(1)(b)(ii) Reducing the risk of injury: ifit is not reasonably practicable to avoid the needfor employees to undertake any manual handlingoperations which involve a risk of injury, the

employer should reduce the risk of injury

� Regulation 4(1)(b)(iii) Providing information on theload: if it is not reasonably practicable to avoid theneed for employees to undertake any manualhandling operations which involve a risk of injury,the employer should provide precise information on:the weight of each load; the heaviest side of any loadwhose centre of gravity is not positioned centrally

� Regulation (4)(2) Reviewing the assessment:an assessment must be reviewed when: there isreason to suspect that it is no longer valid; therehas been a significant change in manual handlingoperations

� Regulation (4)(3) In determining for the purposesof this Regulation whether manual handlingoperations at work involve a risk of injury and indetermining the appropriate steps to reduce thatrisk regard shall be had in particular to: thephysical suitability of the employee to carry out theoperations; the clothing, footwear or otherpersonal effects s/he is wearing; her/his knowledgeand training; the results of any relevant riskassessment carried out under Regulation 3 of theManagement of Health and Safety at WorkRegulations 1999; whether the employee is withina group of employees identified by that assessmentas being especially at risk; and the results of anyhealth surveillance provided pursuant toRegulation 6 of the Management of Health andSafety Regulations 1999

� Regulation 5 Employees’ duties: employees mustmake full and proper use of any system of workprovided for employees by their employer, toreduce risks of manual handling injuries



HAZARDS AT WORK186

Having investigated the size of the problem, safetyrepresentatives can report back to members, and decideon priorities for manual handling risk assessments to becarried out. Safety representatives should report theirconcerns and those of their members to management inwriting. Use Chapter 7 above for ideas on how you canmake sure that management gets things done.

Manual handling risk assessments Safety representatives and workers should beinvolved in the risk assessment process, and checksome of the following points:

� all manual handling operations have beencovered, including work done away from theemployer’s premises; for each job and eachemployee; problems identified have been fullyreported; and improvements recommended as aresult of the assessment will deal with problems(beware of quick, cheap and ineffective solutions)

� where a range of problems has been found,agreement on priorities for action, with an agreedtimetable for improvements

� assessment is not an end in itself – the value of anassessment is to identify areas which needimprovement to make work safer

� if hazardous manual handling operations cannotbe avoided, employers must take appropriate steps toreduce the risk of injury to employees to the lowestlevel reasonably practicable

� if cost is an issue, point out that manual handlinginjuries cost employers money in lost working time,payments for sick leave and job cover, loss of trainedand experienced staff; and successful compensationclaims

� tackling manual handling problems is rarely aone-off exercise. It requires a sustained campaignwith short, medium and long term objectives

� the best answer is to get rid of manual handlingaltogether, particularly high-risk tasks. In many casesthis might not be possible immediately but it shouldnot be assumed that lifting and carrying loads are aninevitable feature of work systems

� rights to information about new processes, includingproposed workplace layouts. Involvement at the designstage gives the chance to eliminate problems before anew machine process or work system is installed

� mechanical devices may solve some liftingproblems but it is important to make sure that newhazards are not introduced – involvement at theplanning stage will prevent this problem

� increasing the unit size of loads, by using mechanicalhandling techniques, may present somebody else with amanual handling problem elsewhere in the workplace

� that adequate consideration has been given towomen handling heavy loads during pregnancy orduring the three months following confinement

� manual handling ability among men or womenmay appear to be a limiting factor, so make sure theyare not banned from such work but that the work ismodified to suit their abilities

� employers have a general duty to consider factorswhich might put workers at risk of injury such astheir age, strength, state of health and degree ofbodily development

� when changes occur in a worker’s health, eitherpermanently (e.g. physical disablement) or temporarily(e.g. hernia or post-operative recovery), manualhandling work should be suitably adapted or theyshould be allocated alternative work without loss of pay

� there is no such thing as a safe maximum weight.Weight is only one factor that needs to be consideredin deciding how much force is required to move agiven load (and therefore how much risk is involvedunder specific conditions)

� consider the overall manual handling dose towhich the individual is subjected. Handlingmoderate-sized loads frequently poses as great a riskas handling heavier loads only occasionally

� the effect of manual handling on women’s healthis often underestimated or ignored because menappear to be handling heavy loads. The injuriouseffects of repeated handling on muscles, joints andligaments tend to be gradual and cumulative

Checklist

Manual handling

This is an extract from the Health Services AdvisoryCommittee publication Getting to Grips with ManualHandling. For full details about the publication go towww.hse.gov.uk/healthservices/information.htm

Posture or movementDoes work involve:

� frequent or prolonged stooping?

� stretching or reaching above shoulder height?

� sideways twisting of the body?

� unbalanced or uneven carrying of loads (for example,one-handed carrying)?

� sitting in uncomfortable position with back unsupported?

Loads

When the load is inanimate:

� is the weight of loads clearly marked?

� can loads be made smaller and lighter?



HAZARDS AT WORK 187

� are loads securely packed, so contents will not shift orspill?

� do loads contain dangerous substances?

Lifting people

When the load is a person:

� are lifting and handling needs included in patient/clientcare plans?

� are staff warned about particular handling problemsrelating to the client’s needs?

� are patients/clients giving training so they can assist asmuch as possible?

� are staff expected to lift people alone?

� is there an agreed procedure in case of patient/clientfalls?

Working environment

� Does lack of space/poor layout cause problems?

� Is there enough space to move freely and changeposture?

� Is there sufficient space to use mechanical equipmentwhen needed?

Individual capability

� Does the job require unusual strength or height?

� Does the job create a hazard for those who are pregnantor have a health problem?

Furniture and equipment

� Are workstations and equipment adjustable to suit theuser?

� Are staff trained and encouraged to adjust furniture andequipment before use?

� Are furniture and equipment checked and maintainedregularly?

� Are faulty equipment and furniture taken out of serviceand replaced?

� Are staff trained and encouraged to use mechanicalequipment to reduce physical strain?

Methods of work

� Can work be changed to make it safer?

� Can mechanical equipment be used – for example,trolleys, hoists or lifts?

� Are there sufficient rest breaks to allow staff to recoverfrom physically demanding work?

� Are there enough trained and experienced staff to copeat all times including absence cover, night and weekendworking?

� Can work routines be changed to spread physicallydemanding work more evenly between staff andshifts?

� Are floors clean, even, slip-resistant and free fromobstructions?

� Is the workplace temperature too hot or cold?

� Is lighting adequate (not too dim or glaring)?

� Could hoists, lifts or ramps be installed?

� Are heavy items stored at a convenient height (to avoidstooping or reaching)?

� Are work surfaces at a comfortable height oradjustable?

� Do work surfaces allow a convenient arrangementof equipment on them (to avoid twisting orstretching)?

Training

� Are staff, supervisors and managers trained in preventionof back pain?

� Does training include use of mechanical and adjustableequipment and furniture?

� Are staff retrained when new equipment or workmethods are introduced?

� Is the training relevant to the needs of the occupationalgroup to whom it is being provided?

� Are training courses monitored for effectiveness?

Clothing and equipment

� Do uniforms, protective equipment and other clothingprovided allow easy movement?

� Is appropriate non-slip footwear provided whereneeded?

Accident reporting

� Is there a system for reporting and monitoring accidents,near misses, injuries and ill health?

� Are incidents investigated and action taken to preventthem happening again?



HAZARDS AT WORK188


Back CareBackCare is an independent national charity forhealthier backs. For more information and resources,go to: www.backpain.org/index2.php

Equality and Human Rights Commissionwww.equalityhumanrights.com

Ergonomics SocietyNews, resources and registered consultancies at www.ergonomics.org.uk

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 61: Body Mapping� No. 56: Ergonomics: Making the Job Fit� No. 46: Pregnancy and Work� No. 44: Risk Assessment: No Hazard – No Risk



HSE manual handling assessment chart toolwww.hse.gov.uk/msd/mac/index.htm

HSE manual handling websiteThe HSE has a specific web page which drawstogether HSE information on manual handling inone place at www.hse.gov.uk/msd/hsemsd.htm#manual

HSE priced and free publications on manual handling� For all the latest documents containing generalstandards and guidance on manual handling, go tothe HSE web page:www.hse.gov.uk/msd/information.htm


Labour Research Department (see Section 6.2 forcontact details)� Pain at Work: an LRD Guide to MusculoskeletalDisorders £4.50 � Women’s Health and Safety £4.75

London Hazards Centre (see Section 6.2 for contactdetails)� Risk Assessment: A Simple Standardwww.lhc.org.uk/members/pubs/factsht/80fact.htm

TUC (see Section 6.1 for contact details)The TUC manual handling web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=338� Your Back – Where Does it Hurt? Using Women’sExperiences to Beat Back Pain at Work (free leaflet)� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many trade unions provide guidance on manualhandling. The website addresses of all trade unionsare on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union, or visit your union’s websiteto find out if it produces any guidance on manualhandling. For example, USDAW has produced asafety representative’s guide to preventing manualhandling injuries at:www.usdaw.org.uk/getactive/resource_library/files/RLFManualHandling/ManualHandling.pdf


SECTION 4 CHAPTER 33 – MIGRANT WORKERS

HAZARDS AT WORK 189

BASIC FACTS ABOUT MIGRANT WORKERS

According to the International Labour Organisation,millions of people across the world are on the move– doing jobs ranging from menial labour such asharvesting to computer programming. Combined,their numbers would equal the fifth most populouscountry on the planet. The number of migrantscrossing borders in search of employment andhuman security is expected to increase rapidly in thecoming decades due to the failure of globalisation toprovide jobs and economic opportunities.

The ILO Conference report, Towards a Fair Deal forMigrant Workers in the Global Economy, summed upthe relevance of occupational health and safety formigrant workers on pages 64–66: there are two aspectsof health issues for migrant workers: a) occupationalsafety and health at the workplace; and b) general healthconditions of the workers and their families. These areclosely interrelated. Occupational safety and health is animportant issue for migrant workers for several reasons:

� Migrant workers tend to be employed in high-risksectors.

� Language and cultural barriers require specificoccupational safety and health communication,instructions and training approaches.

� Many of these workers overwork and/or suffer frompoor general health and are therefore particularly proneto occupational injuries and work-related diseases.

In September 2006, a report was written for the TUCby the independent Policy Studies Institute called TheHidden One-in-Five – Winning a Fair Deal forBritain’s Vulnerable Workers. The report used officialstatistics to show that around 5.3 million workersearn below one third of the median hourly wage anddo not have a trade union to negotiate their terms andconditions, and are therefore vulnerable toexploitation. Migrant workers were identifiedamongst the groups in the workforce who areparticularly subject to poor conditions. The reportidentified that many migrant workers were clearlysubject to exploitation, and yet often denied even theirlegal rights. While there are no accurate statistics forthe total number of migrant workers nearly half amillion people for the new EU member statesregistered as workers between May 2004 and June2006 (though many will have now returned home).

In October 2006, new research carried out byLondon Metropolitan University on behalf of the Health

and Safety Executive (HSE) revealed the risks faced bymigrant workers in England and Wales. It outlined thepotential for exploitation of migrants and other workersin sectors where attention to health and safety is poor,and highlighted the challenges to employers, HSE andother agencies in tackling the problems.

The research confirmed the profile of migrantworkers emerging from earlier studies. In general, theyare over-qualified for the work that they do and worklong or anti-social hours in areas of work where for avariety of reasons there is no suitable local labour. Thusthey represent an important component in the UKlabour force. The research goes on to summarise that insome areas of the country, without migrant workers,hospitals and care homes would be without staff, theconstruction industry would suffer, hotels andrestaurants would be unable to service customers andfarmers and food processing firms would not be able todistribute their produce to the shops.

The research revealed that migrants are more likelyto be working in sectors or occupations where there areexisting health and safety concerns and that it is theirstatus as new workers that may place them at addedrisk, due to their:

� relatively short periods of work in the UK

� limited knowledge of the UK’s health and safetysystem

� different experiences of health and safety regimes incountries of origin

� motivations in coming to the UK, particularly wherethese are premised on earning as much as possible inthe shortest possible time

� reduced ability to communicate effectively withother workers and with supervisors, particularly inrelation to their understanding of risk

� access to limited health and safety training and theirdifficulties in understanding what is being offered,where proficiency in English is limited

� failure of employers to check on their skills for workand on their language skills

� employment relationships and unclearresponsibilities for health and safety, in particular whereworkers are supplied by recruitment agencies or labourproviders or are self-employed

� lack of knowledge of health and safety rights andhow to raise them, including knowledge of the channelsthrough which they can be represented

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For the full research document Migrant Workers inEngland and Wales: An Assessment of Migrant WorkerHealth and Safety Risks, go towww.hse.gov.uk/research/rrhtm/rr502.htm

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLMigrant workers should be protected by the same lawsas other workers (see also the boxes on theGangmasters Licensing Act and the Management ofHealth and Safety at Work Regulations 1999):


� Health and Safety at Work etc. Act 1974 – Chapter12, dealing with the general duties of employers andemployees under Sections 2–9. Generally, the employerhas a duty to ensure the health, safety and welfare ofall employees, including migrant workers and toprovide information and training

Following the publication of the research reportMigrant Workers in England and Wales detailedabove, the HSE has set up a migrant workers micrositeat www.hse.gov.uk/migrantworkers/about.htm

This website is designed to provide essentialinformation, guidance and advice on workplacehealth and safety for workers from overseas andtheir employers. The web pages have beenspecifically developed to explain how health andsafety law protects those from overseas working inthe UK. It also provides essential guidance on theroles and responsibilities of employers and workersunder British health and safety law. Parts of the siteare available in 13 different languages in addition toEnglish.

The site contains separate advice and informationpages for both workers and employers; it provides a“Useful contacts list” of organisations available togive advice and help. The HSE has also produced afactcard for workers from the former Eastern Europeand Russia called Working in the UK from overseas?– Your health and safety at work in agriculture andfood processing (INDG410), which is available inBulgarian, Latvian, Lithuanian, Polish, Romanian,Russian and Ukrainian.www.hse.gov.uk/pubns/indg410.pdf

HSE’s Infoline (0845 345 0055) has the facility toset up a three-way conversation between adviser,caller and an interpreter, where the caller does notspeak English. This facility is available in more than100 languages. Callers simply have to state whatlanguage they wish to speak. They will then beconnected to an interpreter to continue the call.

GANGMASTERS LICENSING ACT 2004

The Gangmasters Licensing Act 2004:

� applies to the whole of the UK and coversagricultural and horticultural work, shellfishgathering and the processing or packaging ofany products derived from these industries

� defines a gangmaster as anyone employing,supplying and or supervising a worker to dowork in the sectors outlined; it applies togangmasters based in the UK or offshore; andcovers all forms of sub-contracting

� extends the full protection of the law to anyindividual worker undertaking work to which itsprovisions apply

� brings employment agencies and businesses (asdefined by the Employment Agencies Act 1973)within the ambit of this Act if they are engagedin activities for which a licence is required.

The Act established the Gangmasters LicensingAuthority (GLA) which operates the licensingscheme for labour providers operating in thesectors the Act regulates. It was set up to curbthe exploitation of workers in these industries. Itis now illegal to supply workers without a GLAlicence. Since the GLA was launched in 2006the authority has investigated worker abusewhich has included:

� forced labour

� threats and verbal abuse against workers

� workers forced to pay illegal deductions fromwages for unsuitable or overcrowdedaccommodation

� workers forced to travel to work in ‘deathtrap’ vans

� workers being paid below the minimum wage

� workers whose health and safety has been putat risk

� manipulation of worker documents.

In June 2008 the GLA launched Operation Ajaxto step up the fight against gangmasters whoabuse workers. Ajax runs until the end of 2009,involving surprise raids throughout the UKwhere the GLA believes there is abuse. TheTUC welcomed the initiative, but pointed outthat not all workers are protected by the GLA.They believe that its targeted and effectiveapproach to stamping out rogue employersshould be extended to other sectors, such ascleaning, care homes and construction, where itis known that extreme abuse remains rife.



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WHAT CAN SAFETY REPRESENTATIVES DO?There are a number of positive steps that safetyrepresentatives can take to ensure that migrantworkers are treated equally in any workplace.Examples of measures that can be taken include:

� ensuring that laws are implemented in theworkplace for all workers including migrant workers

� making sure that any migrant workers can accessTUC health and safety guidance in their ownlanguage at www.tuc.org.uk/h_and_s/index.cfm?mins=403

� introducing trade union health and safetyeducation programmes for migrant workers whospeak English as a second language

� developing agreements with employers to ensurethat the rights of migrant workers are fully respected

� making sure that any migrant workers can accessthe TUC rights at work guidance in their ownlanguage at www.tuc.org.uk/international/index.cfm?mins=288

In March 2009, an independent report into theperformance of the GLA by the Universities ofSheffield and Liverpool showed that almost 80per cent of employers were in favour oflicensing, and 69 per cent thought the GLA wasdoing a good job. The report’s authors said that“the tough enforcement approach of theGangmasters Licensing Authority makes foreffective regulation. It is a model of regulationthat really works.” Following publication of thereport, the Chair of the GLA commented that:

“Effective regulation is achieved by the directand tough enforcement of clear rules. You needan enforcement mentality to achieve this. Forexample, I was delighted to receive a complaintrecently that one of our staff was too forceful. Iestablished that the officer concerned had beenpolite and correct and congratulated him on histough yet appropriate approach. Thecomplainant was shocked – he had expected aslapped wrist. We exist to ensure that the lawsParliament has passed to protect workers andmake businesses pay their fair share of taxes areenforced. We look kindly on those who aretrying hard but get it wrong but we will standno nonsense from the cheats, the rogues and thecrooks.”

By April 2009, the GLA had revoked 89 licensesand refused many more. Prosecutions of anumber of employers were in the pipeline.

For full details see www.gla.gov.uk/index.asp

� ensuring that employers’ health and safetypolicies properly address the health and safety issuesthat affect migrant workers

� doing a special inspection that concentrates onmigrant workers and their health and safety conditions

� doing a special inspection that concentrates on theinformation and training provided to migrant workers

There are many migrant workers working in theconstruction industry where communications andinformation about health and safety are seriousissues. One of the unions representing constructionworkers has taken steps to tackle this in partnershipwith local Further Education Colleges. Unionlearning representatives from the construction unionUCATT have helped migrant workers who speakonly a few words of English improve their safetyawareness by running basic language courses in alearning centre. The centre has proved very popularwith the workers – who are mainly from EasternEurope – and the learning representatives say that abasic grasp of English can literally mean thedifference between life and death for the workers onsite.

Similarly, migrant workers in the retail sector havebeen taking advantage of language courses facilitatedby their trade union USDAW. USDAW GeneralSecretary, John Hannett, speaking during the jointunion campaign in 2007 to ensure affordable accessto English for Speakers of Other Languages (ESOL)courses, stated that “Many migrant workers findwork in the retail sector, particularly the distributionnetwork, when they join the workforce and ourexperience is that English for ESOL is hugelypopular with migrant workers keen to learn Englishas quickly as possible. In 2006 alone, hundreds ofUSDAW members took advantage of ESOL classes.There is no doubt that improved language skillsmean vulnerable workers are less likely to beexploited and are essential in maintaining health andsafety standards in the workplace and making surethere is greater social inclusion for migrantworkers.”

Thorough, but easy to understand training is vitalif workers are to stay healthy and safe at work.Unions are doing all they can to help foreignworkers grasp the basics of English and nowemployers can use TUC leaflets to make sure thesafety message is being understood loudly andclearly. The HSE and the TUC have published a newsafety leaflet translated into 19 different languages –Albanian, Arabic, Bengali, Chinese, Czech, Greek,Gujarati, Pashto, Polish, Portuguese, Punjabi,Romanian, Russian, Slovak, Spanish, Tamil, Turkish,Ukrainian and Welsh – and is an attempt to improvesafety awareness for this growing segment of the UKworkforce (see checklist and Further Informationbelow).



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Checklist

Migrant workers’ health and safety rights

Taken from a TUC/HSE leaflet for migrant workers availablein 20 languages. See further information.

You have the right:

� to work in places where all the risks to your health andsafety are properly controlled

� to stop working and leave the area if you think you arein danger

� to inform your employer about health and safety issuesor concerns

� to contact the HSE or your local authority if you still havehealth and safety concerns and not get into trouble

� to join a trade union and be a safety representative

� to paid time off work for training if you are a safetyrepresentative

� to a rest break of at least 20 minutes if you work morethan six hours at a stretch and to an annual period ofpaid leave

You must:

� take care of your own health and safety and that ofpeople who may be affected by what you do (or do notdo)

� co-operate with others on health and safety, and notinterfere with, or misuse, anything provided for yourhealth, safety or welfare

Your employer must tell you:

� about risks to your health and safety from current orproposed working practices

� about things or changes that may harm or affect yourhealth and safety

� how to do your job safely

� what is done to protect your health and safety

� how to get first-aid treatment

� what to do in an emergency

Your employer must provide, free of charge:

� training to do your job safely

� protection for you at work when necessary (such asclothing, shoes or boots, eye and ear protection, gloves,masks, etc.)

� health checks if there is a danger of ill health because ofyour work

� regular health checks if you work nights and a checkbefore you start

Your employer must provide you with the followinginformation:

� health and safety law: What you should know.This should give the contact details of people whocan help

� their health and safety policy statement

� an up-to-date Employers’ Liability (Compulsory Insurance)certificate visible in your place of work

What to do if you are concerned about your health andsafety:

� Phone the HSE’s Infoline 0845 345 0055 for advice or tocomplain, or the TUC’s Know Your Rights line 0870 6004882

� If you would like to speak to someone in a languagemore suitable to you please call 0845 345 0055 and tellthe operator which language you need

� If you have lost your job because of a health and safetymatter you may be able to complain to an EmploymentTribunal. Ask your trade union or local Citizens’ AdviceBureau for advice



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Hazards magazine website Excellent news and resources on the migrant workersweb resource page at www.hazards.org/migrants/index.htm

HSE priced and free publications � For all the latest documents containing generalstandards and guidance, go to the HSE web page:www.hse.gov.uk

MANAGEMENT OF HEALTH AND SAFETY ATWORK REGULATIONS 1999 (see Chapter 13)

These Regulations apply to all workers butcertain Regulations relating to information andtraining are particularly important.

Regulation 10: Information for employeesProviding employees with comprehensible andrelevant information on:

� health and safety risks from the assessment

� preventive and protective measures

� procedures for serious and imminent danger

� competent persons

Guidance to the Regulations recommends that therisk assessment should identify information whichhas to be provided for workers. Information shouldbe appropriate for the level of training, knowledgeand experience of the worker. Information shouldbe capable of being understood by workers. Aninterpretation of this might incorporate somemigrant workers who may not be able to readEnglish well. In these circumstances, specialarrangements may need to be made by theemployer, such as translation of information intothe migrant workers’ first language.

Regulation 13: Capabilities and training� Taking into account employees’ capabilitieswhen giving tasks

� Providing training when employees arerecruited; when being exposed to new orincreased risks; and repeated periodically

� Training to be provided in working hours

The Approved Code of Practice states that whenallocating work to workers, employers shouldensure that the demands of the job do not exceedthe workers’ ability to carry out the work.Employers should take account of workers’capabilities and their level of training, knowledgeand experience. Again, an interpretation of theRegulations and ACoP would suggest that this isparticularly important for migrant workers.

� Working in the UK from overseas? – Your healthand safety at work in agriculture and foodprocessing (INDG410) www.hse.gov.uk/pubns/indg410.pdf� Your Health, Your Safety: A Guide for Workers.This is available in 20 languages and was developedin co-operation with the TUC.www.hse.gov.uk/workers/hse27.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787 881165

International Labour Organisation (see Section 6.4 forcontact details)� Towards a Fair Deal for Migrant Workers in the GlobalEconomywww.ilo.org/public/english/standards/relm/ilc/ilc92/pdf/rep-vi.pdf

Joint Council for the Welfare of ImmigrantsJCWI is an independent national voluntaryorganisation, campaigning for justice and combatingracism in immigration and asylum law and policywww.jcwi.org.uk/

Labour Research Department (see Section 6.2 forcontact details)� Health and Safety Law – an LRD Guide £9.50

TUC (see Section 6.1 for contact details)� The TUC health and safety and migrant workersweb page www.tuc.org.uk/h_and_s/index.cfm?mins=403� The TUC migration web pagewww.tuc.org.uk/international/index.cfm?mins=288� Your Health, Your Safety: A Guide for Workers(in 20 languages)www.tuc.org.uk/h_and_s/index.cfm?mins=403� Safety and Migrant Workers: A Practical Guidefor Safety Representativeswww.tuc.org.uk/extras/safetymw.pdf� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on migrantworkers. The website addresses of all trade unionsare on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on migrantworkers. For example, UCU initiated a Save ESOLCampaign in 2007 about access to free training forEnglish for Speakers of Other Languages atwww.ucu.org.uk/index.cfm?articleid=2259


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SECTION 4 CHAPTER 34 – NOISE AND VIBRATION

BASIC FACTS ABOUT NOISE AND VIBRATIONNoiseNoise is probably the most widespread andunderestimated of workplace hazards. There is ahundred years of knowledge that workplace noisecan cause permanent deafness, temporary hearingloss and associated conditions such as tinnitus(ringing in the ears). The HSE estimates that over 1million employees in Great Britain are exposed tolevels of noise which put their hearing at risk.According to the 2008 TUC safety representativessurvey, 14 per cent of safety representatives thinkthat noise is one of the main hazards facing workers.In manufacturing, noise is the main hazard ofconcern with 45 per cent of safety representativesidentifying it.

Traditionally, the worst noise levels have been intransport, metal processing and catering, withsignificant levels of noise in construction, textileprocessing, forestry and repetitive assembly.However, the TUC and affiliated unions have beendrawing attention to the noise hazards faced by callcentre workers from acoustic shock (see Chapter 35for more details), and pub and club workers fromdeafening music.

Noise at work can cause other problems, such asdisturbance and interference with communications,as well as stress, involving difficulties withconcentration, fatigue, tension and irritability. Forexample, noise in offices may often be well belowcurrent legal levels. However, there are commonsources of noise that cause problems for officeworkers such as computers, printers, open-planoffices, telephones, photocopiers, ventilation andheating systems.

Frequency (or ‘pitch’) and intensity (‘loudness’)are important factors in understanding noisehazards. Frequency is the pitch of the sound. Itdescribes the rate of fluctuation of air particlesproduced by a noise source. The measurement unit iscycles per second, which are called hertz (Hz).Intensity of sound provides a measure of the amountof energy that vibrating air particles deliver to theears. The amount of sound energy can varyenormously. Painful sound is about 10 million-million times as intense as the quietest sound thatcan be heard. Since a scale of this magnitude wouldbe impossible to handle, a logarithmic scale is usedfor measuring sound intensity, in units called decibels(dB). When noise is measured at work, emphasis isnormally given to the frequencies that have most

effect on the human ear. This is done by adjustingthe noise meter to take more notice of thesefrequencies. The scale used is called a ‘weighteddecibel scale’ or dB(A). According to the HSE, someexamples of typical noise levels are:

� normal conversation 50–60 dB(A)

� a loud radio 65–75 dB(A)

� a heavy lorry about 7 metres away 95–100 dB(A)

� a jet aircraft taking off 25 metres away 140 dB(A)

Since the scale is logarithmic, a small increase in thedecibel scale corresponds to a large increase inintensity. This is very important in understandingthe significance of noise measurements. Forexample:

� if the sound level increases by 10 dB then thesound intensity, that is, the amount of sound energybeing transmitted to the ear, increases tenfold

� an increase of 3 dB corresponds to a doubling ofintensity. 83 dB is not just over 80 dB but is in facttwice as intense and is capable of producingcorrespondingly more damage to hearing

In most jobs, the risk depends not just on the noiselevels but on how long people are exposed to them.The total amount of noise exposure over the wholeworking day is called the daily personal noiseexposure (usually shortened to LEP,d). If noise levelsneed to be measured, a competent person shouldmeasure them. There is a risk of hearing damagefrom exposures above 80 dB(A). As a rule of thumb,if you cannot hear a normal conversation clearlywhen you are 2 metres away from the speaker, thenoise level is likely to be around 85 dB(A) or higher.If you cannot hear someone clearly when you areabout 1 metre away, the level is likely to be around90 dB(A) or higher.

VibrationAnyone who is regularly and frequently exposed tohigh levels of vibration can suffer permanent injury.Vibration hazards at work usually present themselvesin two forms:

� Whole body vibration (WBV) – where the body isshaken by a machine or vehicle. WBV is caused byvibration transmitted from machinery, vehicles orsometimes through the floor. The most widelyreported WBV injury is back pain. Drivers of somemobile machines, including certain tractors, fork-lift

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trucks and quarrying or earth-moving machinery,may be exposed to WBV and shocks which areassociated with back pain.

� Hand-arm vibration (HAV) – where the vibrationeffect is localised to a particular part of the body.Exposure to hand-arm vibration may result in arange of health effects collectively known as Hand-Arm Vibration Syndrome or HAVS. Workers may beexposed to HAV when operating hand-held powertools such as road breakers or when holdingmaterials being worked by machines such as pedestalgrinders. The most well-known health effect isvibration white finger, but other effects includedamage to sensory nerves, muscles and joints in thehands and arms.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations ofgeneral application apply to noise and vibration.Duties can be found in the following chapters ofHazards at Work:


� Health and Safety at Work, etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of employees

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with the obligationsplaced upon employers to make suitable andsufficient assessments of risks to their employees.They must also make arrangements for the healthand safety of employees by effective planning,organisation, control, monitoring and review


� Reporting of Injuries, Diseases and DangerousOccurrences Regulations 1995 – Chapter 49, whereemployers must notify their enforcing authority inthe event of an accident at work to any employeeresulting in death, major injury or incapacity fornormal work for three or more days

� Supply of Machinery (Safety) Regulations 1992(as amended), where manufacturers and suppliers ofmachinery are obliged to reduce risks to a minimum,to provide data on noise and vibration, andinformation on risks to health and their control

THE CONTROL OF VIBRATION AT WORKREGULATIONS 2005

The Control of Vibration at Work Regulations2005 came into force on 6 July 2005, althoughthere are certain transitional arrangementsregarding compliance with exposure limit values.The Regulations are available in full on the Officeof Public Sector Information website atwww.opsi.gov.uk/si/si2005/20051093.htm

The Regulations apply to both hand-arm vibration(HAV) and whole-body vibration (WBV). Theymake provision for the following:

Exposure limit values and action values (Regulation 4)For HAV, the exposure values are:

� exposure action value: 2.5 m/s2 A(8)

� exposure limit value: 5.0 m/s2 A(8)

(m/s2 = metres per second squared; A(8) = the dailyexposure to vibration of a person)

Daily exposure should be ascertained on the basisset out in Schedule 1 (Part 1) to the Regulations(available atwww.hmso.gov.uk/si/si2005/20051093.htm)

For WBV the exposure values are:

� exposure action value: 0.5 m/s2 A(8)

� exposure limit value: 1.15 m/s2 A(8)

(m/s2 = metres per second squared; A(8) = the dailyexposure to vibration of a person)

Daily exposure should be ascertained on the basisset out in Schedule 2 (Part 1) to the Regulations(available at www.hmso.gov.uk/si/si2005/20051093.htm)

Assessment of the risk (Regulation 5)An employer who carries out work which is liableto expose any of their employees to risk fromvibration shall make a suitable and sufficientassessment of the risk created by that work to thehealth and safety of those employees and the riskassessment shall identify the measures that need tobe taken to meet the requirements of theseRegulations.

Elimination or control of exposure to vibration at theworkplace (Regulation 6)Regulation 6 provides for the following:

� elimination or, where elimination is notreasonably practicable, reduction of exposure tovibration to as low a level as is reasonablypracticable (Regulation 6(1))

� where elimination is not reasonably practicableand an exposure action value is likely to be reachedor exceeded (see Regulation 4 above), reduction ofexposure to as low a level as is reasonablypracticable by a programme of organisational andtechnical measures (Regulation 6(2))



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NOISE AT WORK REGULATIONS 2005

The Control of Noise at Work Regulations 2005came into force on 6 April 2006. The Regulationsare available in full on the Office of Public SectorInformation website atwww.opsi.gov.uk/si/si2005/20051643.htm. The mainprovisions of the Regulations are outlined below.

Exposure limit values and action values(Regulation 4)� The lower exposure action values are:(a) a daily or weekly personal noise exposureof 80 dB (A-weighted) and(b) a peak sound pressure of 135 dB(C-weighted)

� The upper exposure action values are:(a) a daily or weekly personal noise exposureof 85 dB (A-weighted) and(b) a peak sound pressure of 137 dB(C-weighted)

� The exposure limit values are:(a) a daily or weekly personal noise exposureof 87 dB (A-weighted) and(b) a peak sound pressure of 140 dB(C-weighted)

Assessment of risk created by noise exposure at theworkplace (Regulation 5)An employer who carries out work which is liableto expose any employees to noise at or above a lower exposure action value (see above – 80dBA)

shall make a suitable and sufficient assessmentof the risk from that noise to the health andsafety of those employees, and the risk assessmentshall identify the measures which need to betaken to meet the requirements of theseRegulations.

The risk assessment shall be reviewed regularly andstraight away if:

� there is reason to suspect that the risk assessmentis no longer valid; or

� there has been a significant change in the workto which the assessment relates,

and where, as a result of the review, changes to therisk assessment are required, those changes shall bemade.

The employees concerned or their representativesshall be consulted on the assessment of risk underthe provisions of this regulation.

The employer shall record:

� the significant findings of the risk assessment assoon as is practicable after the risk assessment ismade or changed; and

� the measures which she/he has taken and whichs/he intends to take to meet the requirements ofregulations 6, 7 and 10.

� measures to be based upon the generalprinciples of prevention, to include considerationof (Regulation 6(3)) – other working methodswhich eliminate or reduce exposure to vibration,choice of work equipment of appropriateergonomic design which, taking account of thework to be done, produces the least possiblevibration; the provision of auxiliary equipmentwhich reduces the risk of injuries caused byvibration; appropriate maintenance programmesfor work equipment, the workplace andworkplace systems; the design and layout ofworkplaces, work stations and rest facilities;suitable and sufficient information and trainingfor employees, such that work equipment may beused correctly and safely, in order to minimisetheir exposure to vibration; limitation of theduration and magnitude of exposure to vibration;appropriate work schedules with adequate restperiods; and the provision of clothing to protectemployees from cold and damp

� ensuring that employees are not exposedto vibration above an exposure limit(Regulation 6(4) (a)). However, there are transitional

periods for the commencement of the operation ofregulation 6(4) concerning limit values (Regulations3(2) and 3(3)),

� averaging of exposure to vibration in specifiedcircumstances (Regulation 6(5))

Health surveillance (Regulation 7)If the risk assessment indicates that there is a riskto the health of employees who are, or are liable tobe, exposed to vibration; or employees are likely tobe exposed to vibration at or above an exposureaction value, the employer shall ensure that suchemployees are placed under suitable healthsurveillance

Information, instruction and training (Regulation 8)If the risk assessment indicates that there is a riskto the health of employees who are, or who areliable to be, exposed to vibration; or employees arelikely to be exposed to vibration at or above anexposure action value, the employer shall providethose employees and their representatives withsuitable and sufficient information, instruction andtraining.



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Elimination or control of exposure to noise at theworkplace (Regulation 6)The employer shall ensure that risk from theexposure of his employees to noise is eithereliminated at source or, where this is notreasonably practicable, reduced to as low a level asis reasonably practicable.

If any employee is likely to be exposed to noise at orabove an upper exposure action value (see above –85dBA), the employer shall reduce exposure to aslow a level as is reasonably practicable byestablishing and implementing a programme oforganisational and technical measures, excluding theprovision of personal hearing protectors, which isappropriate to the activity.

Actions taken shall be based on the generalprinciples of prevention set out in Schedule 1 tothe Management of Health and Safety Regulations1999 and shall include consideration of:

� other working methods which reduce exposureto noise

� choice of appropriate work equipment emittingthe least possible noise, taking account of the workto be done

� the design and layout of workplaces, workstations and rest facilities

� suitable and sufficient information and trainingfor employees, such that work equipment may beused correctly, in order to minimise their exposureto noise

� reduction of noise by technical means

� appropriate maintenance programmes for workequipment, the workplace and workplace systems

� limitation of the duration and intensity ofexposure to noise; and

� appropriate work schedules with adequate restperiods

The employer shall (a) ensure that his employeesare not exposed to noise above an exposure limitvalue; or (b) if an exposure limit value is exceededforthwith –

� reduce exposure to noise to below the exposurelimit value

� identify the reason for that exposure limit valuebeing exceeded and

� modify the organisational and technical measurestaken to prevent it being exceeded again

The employees concerned or their representativesshall be consulted on the measures to be taken tomeet the requirements of this regulation.

Hearing Protection (Regulation 7)An employer who carries out work which is likelyto expose any employees to noise at or above alower exposure action value (see above – 80dBA),shall make personal hearing protectors availableupon request to any employee who is so exposed.

If an employer is unable by other means to reduce thelevels of noise to which an employee is likely to beexposed to below an upper exposure action value (seeabove – 85dBA), s/he shall provide personal hearingprotectors to any employee who is so exposed.

If in any area of the workplace under the controlof the employer an employee is likely to beexposed to noise at or above an upper exposureaction value for any reason the employer shallensure that:

� the area is designated a Hearing Protection Zone

� the area is demarcated and identified by meansof the sign indicating that ear protection must beworn

� access to the area is restricted where this ispracticable and the risk from exposure justifies it

and shall ensure so far as is reasonably practicablethat no employee enters that area unless thatemployee is wearing personal hearing protectors.

Any personal hearing protectors made available orprovided under the requirements above shall beselected by the employer:

� so as to eliminate the risk to hearing or to reducethe risk to as low a level as is reasonablypracticable and

� after consultation with the employees concernedor their representatives

Maintenance and use of equipment (Regulation 8)The employer shall:

� ensure so far as is practicable that anythingprovided by her/him is fully and properly used and

� ensure that anything provided by her/him ismaintained in an efficient state, in efficientworking order and in good repair

Every employee shall:

� make full and proper use of personal hearingprotectors and of any other control measures and

� if s/he discovers any defect in any personalhearing protectors or other control measures,report it to his employer as soon as is practicable

Health Surveillance (Regulation 9)If the risk assessment indicates that there is a risk



HAZARDS AT WORK198

to the health of her/his employees who are, or areliable to be, exposed to noise, the employer shallensure that such employees are placed undersuitable health surveillance, which shall includetesting of their hearing.

The employer shall:

� keep and maintain a health record

� on reasonable notice being given, allow anemployee access to his personal health record and

� provide the enforcing authority with copies ofsuch health records as it may require

Where, as a result of health surveillance, anemployee is found to have identifiable hearingdamage the employer shall ensure that theemployee is examined by a doctor and, if thedoctor or any specialist to whom the doctorconsiders it necessary to refer the employeeconsiders that the damage is likely to be the resultof exposure to noise, the employer shall:

� ensure that a suitably qualified person informsthe employee accordingly

� review the risk assessment

� review any measure taken to comply withregulations 6, 7 and 8

� consider assigning the employee to alternativework where there is no risk from further exposureto noise

� ensure continued health surveillance and provide

for a review of the health of any other employeewho has been similarly exposed

Information, instruction and training (Regulation 10)Where her/his employees are exposed to noisewhich is likely to be at or above a lower exposureaction value, the employer shall provide thoseemployees and their representatives with suitableand sufficient information, instruction andtraining.

The information, instruction and training shallinclude:

� the nature of risks from exposure to noise

� the organisational and technical measures

� the exposure limit values and upper and lowerexposure action values

� the significant findings of the risk assessment,including any measurements taken, with anexplanation of those findings

� the availability and provision of personal hearingprotectors and their correct use

� why and how to detect and report signs ofhearing damage

� the entitlement to health surveillance underregulation 9 and its purposes

� safe working practices to minimise exposure tonoise and

� the collective results of any health surveillance

NOISE AT WORK IN MUSIC ANDENTERTAINMENT – SOUND ADVICEIn April 2008 the regulations protecting workers inthe music and entertainment sectors from exposureto excessive noise were replaced by the Control ofNoise at Work Regulations 2005. For otherindustries, these regulations have been in force sinceApril 2006. The European Directive (2003/10/EC)on which the regulations are based allowed themusic and entertainment sectors a two-yeartransitional period. This recognised that music isunusual as it is noise deliberately created forenjoyment and therefore practical guidelines werenecessary to help workers, employers and freelancersin the music and entertainment sectors protect theirhearing. Sound Advice is the resulting set of practicalguidelines.

The advice was put together by a working partythat included representatives of the music andentertainment industries, TUC-affiliate trade unionsEquity and the Musicians Union, the GeneralFederation of Trade Unions, the Health and SafetyExecutive (HSE) and local authority Environmental

Health Officers. It contains practical guidelines onthe control of noise at work in music andentertainment, including concert halls and theatres,amplified live music venues, pubs/clubs and studios.

The aim of Sound Advice is to help control orreduce exposure to noise at work without stoppingpeople from enjoying music, and offers advice toemployers, freelancers and employees. It providesadvice targeted at specific sectors of the industrywith recommendations appropriate to each one.There is also a book version of the guidance, Soundadvice: Control of noise at work in music andentertainment, HSG260 ISBN 978 0 7176 6307 1,available from HSE Books.

Sound Advice takes account of the duration ofworkers’ exposure to noise, and not simply the noiselevel. It sets out a range of simple and cost effectiveactions that can reduce workers' average daily orweekly exposure to noise. Regular, long-termexposure to noise can lead to permanent, incurablehearing damage.

Sound Advice does not provide guidance on thelaw, which can be found in Controlling noise atwork: The Control of Noise at Work Regulations



HAZARDS AT WORK 199

2005 L108 available from HSE Books. Usefulgeneral guidance on noise and HSE free leaflets areavailable from the HSE website.

Sound Advice is at www.soundadvice.info

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle problems to do with noise and vibration.

Employer action on new lawsSafety representatives need to ensure that theiremployer has implemented the new Vibration andNoise Regulations and consulted safetyrepresentatives in the process. Steps should have

been taken to implement the improved standards inthe Regulations. Prevention and control measuresshould follow best practice:

� design of workplaces and machinery for low noiseemission and vibration

� substitution by quieter processes or machines andmachinery that vibrates less

� engineering control

� modification of the routes by which noise andvibration reach workplaces and workers

� reduction of exposure times

Finally, the use of personal protection should be alast resort. For example, the use of ear protection isa last resort to control noise exposure. It should onlybe considered where noise cannot be eliminated atsource or reduced to a minimum.

Checklist

Action on vibration – risk assessment

This is based upon Regulation 5 of the Control of Vibrationat Work Regulations 2005.

Safety representatives can check whether their employer iscomplying with Regulation 5 of the new Regulations byasking the following:

In conducting the risk assessment, has the employerassessed daily exposure to vibration by means of:

� observation of specific working practices?

� reference to relevant information on the probablemagnitude of the vibration corresponding to theequipment used in the particular working conditions?

� if necessary, measurement of the magnitude of vibrationto which their employees are liable to be exposed?

Has the employer assessed whether any employees are likelyto be exposed to vibration at or above an exposure actionvalue or above an exposure limit value?

Has the risk assessment included consideration of:

� the magnitude, type and duration of exposure, includingany exposure to intermittent vibration or repeatedshocks?

� the effects of exposure to vibration on employees whosehealth is at particular risk from such exposure?

� any effects of vibration on the workplace and workequipment, including the proper handling of controls, thereading of indicators, the stability of structures and thesecurity of joints?

� any information provided by the manufacturers of workequipment?

� the availability of replacement equipment designed toreduce exposure to vibration?

� any extension of exposure at the workplace towhole-body vibration beyond normal working hours,including exposure in rest facilities supervised by theemployer?

� specific working conditions such as low temperatures?

� appropriate information obtained from healthsurveillance including, where possible, publishedinformation?

Is the risk assessment reviewed regularly and forthwith if:

� there is reason to suspect that the risk assessment is nolonger valid?

� there has been a significant change in the work to whichthe assessment relates?

Has the employer recorded:

� the significant findings of the risk assessment as soon asis practicable after the risk assessment is made orchanged?

� the measures taken to meet the requirements ofRegulations 6 and 8 (see above)?



HAZARDS AT WORK200

Involving membersSafety representatives can identify if there is aproblem with noise and vibration by:

� carrying out a survey with workers that may beaffected or using body and risk mapping techniques

� doing a special inspection that concentrates onnoise and vibration

� doing a special inspection that concentrates on theinformation provided and the health and safety trainingof workers who are subject to noise and vibration


Risk assessmentSafety representatives should ask for copies of therisk assessments that the employer has done toensure that they are preventing and controllinghazards from noise and vibration, and make surethat their employer is fully consulting them. Risk

assessments must take account of the provisions ofthe new Regulations on noise and vibration. Wherecontrol measures are in place then safetyrepresentatives should check that they are beingadhered to and maintained and also that they areeffective in preventing injuries and ill health.

Safety policiesSafety representatives can also monitor theemployer’s safety policy and systems of workregarding noise and vibration, and check that:

� there are competent personnel dealing with noiseand vibration, and that they obtain expert advice whennecessary from the HSE, or reputable consultants

� there is consultation ‘in good time’ before newwork is undertaken in the workplace, aboutarrangements for the appointment of competentpeople, and training and information arrangements

� where there is any potential risk, their employerhas given all their workforce appropriate trainingand information

Checklist

Noise at work

This is an extract from a London Hazards Centre factsheet onnoise at work.

Union representatives should develop an action programmeaiming for substitution and control of noisy machines andprocesses:

� replace the machine or process by a quieter one

� reduce the noise by fitting silencers, dampeningvibration, improving lubrication, minimising metal tometal contact

� maintain bearings, gears, lubrication

� block the noise path or insulate the machine or building

� move the machine or process away from people or viceversa

� limit the length of exposure

� reduce the number of people exposed

� ensure new machinery is properly designed to reducenoise – set a limit of 75 dB(A) for new machines

Ear protectors should only be used as a temporary measureuntil noise is removed, reduced or isolated, because:

� they interfere with communication and isolate the wearer

� they place the onus for safety on the worker rather thanthe employer

� they can lead to complacency about the noise problem

� they can easily be damaged or deteriorate

� expertise is needed in their correct choice, use andmaintenance

Union representatives should demand that management:

� surveys all suspect areas

� provides the results to the union

� carries out surveys in typical conditions, with all noisyprocesses in operation and with as few people present aspossible as the human body is a great noise absorber

It is not hard to do a simple noise survey if you need todemonstrate the hazard. You can use a hand-held noisesurvey meter, preferably an integrating type which can showaverage levels, or a personal dosemeter. Depending on thesituation, you may want to survey:

� daily personal exposure (intensity and duration)

� average noise intensity

� peak intensity

Instruments must be checked for correct measurement everytime they are used, and they should come with a simplecalibrator which does this. They must meet British Standards6402 (dosemeters), 5969 (peak levels), 6698 (integrating) or5969 (simple sound level).

The full London Hazards factsheet can be found atwww.lhc.org.uk/members/pubs/factsht/79fact.htm



HAZARDS AT WORK 201


Disability Rights CommissionNews and information at www.drc-gb.org/


Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 61: Body Mapping� No. 56: Ergonomics: Making the Job Fit� No. 48: Vibration



HSE noise websiteThe HSE has a specific web page which drawstogether HSE information on noise in one place atwww.hse.gov.uk/noise/index.htmThere is also a noise exposure calculator at:www.hse.gov.uk/noise/calculator.htm

HSE priced and free publications on noise� For all the latest documents containing generalstandards and guidance on noise, go to the HSE webpage: www.hse.gov.uk/noise/furtherinfo.htm � Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE priced and free publications on vibration� For all the latest documents containing generalstandards and guidance on vibration, go to the HSEweb pages:www.hse.gov.uk/vibration/hav/information.htm andwww.hse.gov.uk/vibration/wbv/publications.htm


HSE vibration websiteThe HSE has a specific web page which drawstogether HSE information on vibration in one placeat www.hse.gov.uk/vibration/index.htmThere is also a vibration exposure calculator at:www.hse.gov.uk/vibration/hav/vibrationcalc.htm

Royal National Institute for Deaf People (RNID)RNID is a charity representing deaf and hard ofhearing people in the UK. Obtain news andresources from: www.rnid.org.uk

TUC (see Section 6.1 for contact details)� The TUC noise and vibration web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=339� Noise at Work factsheetwww.tuc.org.uk/h_and_s/tuc-10724-f0.cfm� Noise at Work guidewww.tuc.org.uk/extras/noiseatwork.pdf� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many trade unions provide guidance on noise andvibration. The website addresses of all trade unionsare on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union, or visit your union’s websiteto find out if it produces any guidance on noise andvibration. The CWU website leads to a number oflinks on noise and related issues: www.cwu.org/11880/noise.html� Musicians Unionwww.musiciansunion.org.uk/site/cms/contentviewarticle.asp?article=480


SECTION 4 CHAPTER 35 – OFFICES

HAZARDS AT WORK202

BASIC FACTS ABOUT HAZARDS INOFFICESOffices can be hazardous workplaces but often therisks that office workers face are downplayed. Manynon-fatal injuries to employees in the office-basedindustry are not reported, making official statisticsunreliable. Office workers also suffer fromoccupational ill health, but ill-health statistics foroffice workers are often not available or again are anunderstatement of the true picture.

A report commissioned by the former HSCshowed that the main causes of non-fatal injuries tooffice workers were as follows:

Major injuries

� 49 per cent resulted from slips, trips and falls onthe same level

� 12 per cent resulted from a fall from a height

� 11 per cent resulted from being struck by amoving object

Injuries resulting in more than three days off work

� 31 per cent resulted from lifting, handling orcarrying an object

� 30 per cent resulted from slips, trips or falls onthe same level

� 14 per cent resulted from being struck by amoving object

As well as these typical causes of injuries there aremany causes of ill health in the office. These includeproblems caused by the:

� office environment, such as noise and acousticshock for call centre workers

� office equipment and technology such asphotocopiers and laser printers

� physical hazards other than slips, trips and falls

� psycho-social hazards such as stress andbullying

In addition, some offices or office buildings may beonly one part of a workplace, attached to hospitalsor schools. Office workers in this situation mayshare some of the health and safety problems ofother workers.

Many of the hazards that office workers face are

dealt with in detail elsewhere in this book – seebelow.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations applyto offices. Some of the general duties and a guide forsafety representatives can be found in the followingchapters of Hazards at Work:




� Bullying – Chapter 20

� Chemicals and dust – Chapter 21

� Health and Safety (Display Screen Equipment)Regulations 1992 (as amended) – Chapter 25

� Ergonomics – Chapter 28

� Fire Precautions – Chapter 29

� Lone working – Chapter 31

� Manual Handling Operations Regulations 1992(as amended) – Chapter 32

� Noise and vibration – Chapter 34

� Slips, trips and falls – Chapter 37

� Smoking at work – Chapter 38

� Stress – Chapter 39

� Women workers – Chapter 42


� Working time legislation – Chapter 44


� � �

Offices35



HAZARDS AT WORK 203

WHAT CAN SAFETY REPRESENTATIVESDO?

Surveys and inspectionsSafety representatives can conduct a survey or usebody and risk mapping to find out the problems thatoffice workers are facing. Safety representatives canalso use their routine inspections or undertakespecial inspections to speak to members about someof their priorities.

It is important that the hazards facing officeworkers are given the attention that they deserve bythe employer. During their inspections, safetyrepresentatives can identify if there are some of thecommon problems such as:

� hazardous substances such as cleaning fluids,solvents, photocopier toner

� toilets, washing, changing, rest and eating facilities

� unsuitable seating leading to back pain

� noise from printers, computers, open-plan offices,telephones, photocopiers, air conditioning,ventilation and heating systems

� handling, lifting or carrying an object. Theinjuries include sprains and strains and can result inpermanent disability

� hazards associated with the prolonged use of DSEand other types of office equipment and machinery.Equipment is often added to the office withoutconsideration for the people who use it and itseffects on noise, heat or the space available

� cramped, dirty, hot, cold or humid, unventilatedand badly lit offices

� slips, trips and falls

� many of the factors contributing to occupationalstress are prevalent in the office environment. In the2008 TUC safety representatives survey, six out often safety representatives expressed concern aboutoccupational stress

� several aspects of office work increase the risk ofviolence to staff. These include cash transactions andinteraction with potentially aggressive clients. TUCsafety representatives surveys point to greaterproblems of violence for women workers

� some office workers are subjected to longworking hours and the hazards associated with this

� many office workers are also subjected to racialand sexual harassment in the office environment

� workplace bullying which can be prevalent in anoffice environment

Safety representatives should report their concernsand those of their members to management inwriting. Use Chapter 7 above for ideas on how you

can make sure that management gets things done.In addition to the many problems that are

identified above, some health problems in offices aretackled in more detail below.

ACOUSTIC SHOCKThe TUC and CWU have been campaigning aboutthe conditions faced by call centre workers. One ofthe problems facing hundreds of thousands of UKtelephone headset users could be the risk of acousticshock, a workplace health condition. The CallCentre Management Association (CCMA) says thatthe health of operators has been at risk for far toolong and there is a great misunderstanding betweenwhat constitutes acoustic shock as opposed totrauma, and to what extent employers are requiredby law to mitigate against this risk. According toCCMA, acoustic shock is caused by a sudden spikeof noise through a telephone headset, a hazard itsays is faced by 1 million UK call centre operators.Typical symptoms are tinnitus (a buzzing or ringingin the ears), a burning sensation and hypersensitivityto loud sounds. It can also lead to anxiety, phonephobia, tiredness or depression.

In an article “Listening for the Problem”, MarcusQuilter of the Call Centre Management Associationoutlines that:

� acoustic trauma is a matter of physical damage tothe hearing mechanism caused by exposure to loudnoise

� acoustic shock is not a volume-related problem

� current and future noise regulations do not have asufficient bearing on acoustic shock

� technical solutions to date have not sufficientlyprevented acoustic shock incidences from occurringbelow 118dB

� the psychological effects of acoustic shock havenot been widely known or accepted

� telephone operatives have little or no knowledgeof how to recognise acoustic shock and its symptoms

The full article can be found atwww.acousticshock.org/assets/pc-news-govart.pdf

The Health and Safety Executive updated itsguidance on acoustic shock in October 2004 and iscurrently considering new information and evidencefrom Australia and Denmark. According to the HSEacoustic shock web pagewww.hse.gov.uk/noise/acoustic.htm, the HSE is aware thatother acoustic shock protection devices are beingbrought to market, but it is not in a position tocomment on any of these devices at this time. TheHSE has recently funded research to develop anin-line noise exposure monitor and acoustic shocklimiter for headsets.



HAZARDS AT WORK204

Current HSE advice to call centres is that theyshould implement a traceable reporting system forheadset users who may have been exposed toacoustic shock incidents. The following informationshould be reported:

� date and time of the incident

� details of the source of the exposure

� description of the noise

� duration of the exposure

� details of the headset and telephone equipmentused

� whether the incident was electronically recorded(a copy should be kept for future reference)

� symptoms experienced by the operator directlyrelated to the acoustic shock incident

Operators should be trained to recognise suchincidents and how to report them. Employers have aduty under the Reporting of Injuries, Diseases andDangerous Occurrences Regulations 1995(RIDDOR) to report certain types of work-relatedinjuries, including those which result in a personbeing unable to carry out their normal work formore than three consecutive days, and those whichresult in admittance to hospital for more than 24hours. Such reports should be made to the relevantenforcing authority.

Checklist

Acoustic shock

Safety representatives who have members who might beat risk can:

� investigate if there is a problem by talking tomembers and by consulting members through surveysand inspections

� report their concerns and those of their members tomanagement in writing

� check if risk assessments have been carried out bytheir employer and whether the risk assessments haveaddressed acoustic shock concerns

� encourage members to report and record anyincidents

� check that management is aware of the problem andcompetent to deal with it

� check that management are implementing the lateststandards by keeping up to date with TUC news atwww.tuc.org.uk/h_and_s/tuc-8991-f0.cfm ; CCMAand the Acoustic Safety programme atwww.acousticshock.org/index.php ; HSE acousticshock web page at www.hse.gov.uk/noise/acoustic.htm

The HSE concludes that organisations that operatecall centres are further advised that they should keepup to date with developments in this field throughtheir professional associations and otherrepresentative bodies, as well as through theirenforcing authority (usually the local authority) viathe HSE website.

SICK BUILDING SYNDROMEOffice workers may suffer from symptoms broughton by sick building syndrome. These include:

� dry or itchy skin or skin rash

� dry or itchy eyes, nose or throat

� headaches, lethargy, irritability, or poorconcentration

� stuffy or runny nose

Most reports come from those who work in largeoffice buildings. Workers most commonly reportingsymptoms tend to be those who have little controlover their working environment and are employedin routine jobs such as general clerical work andwork using display screen equipment (DSE).Women seem to be more at risk than men. It isgenerally believed that the cause of sick buildingsyndrome is likely to be due to a combination offactors.

Safety representatives should be aware of thecausative factors identified by HSE research:

Building and office design� deep-plan or open-plan offices of more thanabout ten workstations

� large areas of soft furnishing, open shelving andfiling

� new furniture, carpets and painted surfaces

Building services and maintenance� air conditioning

� lighting, particularly the type and positioningwhich cause high glare and flicker

� low level of user control over ventilation, heatingand lighting

� poor design and maintenance of building services

� poor standards of general repair

� insufficient or badly organised office cleaningservices

Indoor environment and air quality� high temperature or excessive variations intemperature during the day

� very low or high humidity



HAZARDS AT WORK 205

� chemical pollutants, for example, tobacco smoke,ozone, volatile organic compounds from buildingmaterials and furnishings

� dust particles and fibres in the atmosphere

Job factors� routine clerical work

� work with DSE

OFFICE EQUIPMENT AND TECHNOLOGYOccupational voice loss Many office workers are suffering from voice loss.Those at risk include showroom sales staff, thoseworking behind security screens with noamplification, telephonists and call centre workers.New technology, systems for processinginformation and communication with customershave created new work patterns and methods.Unite – Amicus section identified the problem inrelation to the banking and insurance sector in aresearch paper many years ago.

A joint report by the TUC and Hazards magazinesummarised at www.tuc.org.uk/h_and_s/tuc-9005-f0.cfmsuggests that as many as five million workers in theUK could be routinely affected by voice loss, at anannual cost to the economy of more than £200million. In recent years, the call centre industry hasgrown massively, with about a million employeesnow at risk of occupational voice loss. The RoyalCollege of Speech and Language has reportedincreasing numbers of call centre workers beingreferred to speech therapists, blaming their voice losson over-long scripts, long hours and fewopportunities to take a break for a drink of water.

A key factor leading to occupational voice loss isvoice overuse, says Hazards, because human voicesare not designed for constant use without breaks.Low humidity does not help, neither does stress,tiredness, poor workplace air quality or chemicalslike chlorine and organic solvents that are commonin many workplaces.

Checklist

Tackling sick building syndrome

� check for symptoms using the London Hazards Centre‘A–Z’ guide to symptoms atwww.lhc.org.uk/members/pubs/books/sbs/sb_toc.htm

� ask workers what the problems are

� use safety representative rights to consult membersusing surveys, mapping and inspections

� make sure that employers use trade union and HSEsick building syndrome guidance about how toprevent and tackle problems

The full article “Work Hoarse” can be read on theHazards magazine website atwww.hazards.org/voiceloss/workhoarse.htm. It contains anumber of recommendations for employers andsafety reps including:

� provide a working environment that has acomfortable temperature and humidity, and controldust and chemicals, as both can inflame themembranes of the vocal tract

� carry out a risk assessment that looks at the jobsmost at risk of voice loss and stress, looking at waysof changing the way people work to minimise anyrisk

� ensure staff take regular rest breaks and drinkplenty of fresh water, and do not put pressure onstaff to come into work when they are not wellenough to do so

TUC workSMART atwww.worksmart.org.uk/health/what_good_practice_should_my_employer_follow refers to negotiating guidelines fromUnite – Amicus section:

� change work routines and introduce work varietyand changes to the pace of work

� provide better quality headsets if equipment is faulty

� provide voice care training

� allow regular work breaks away from the phones

� monitor reasons for sickness absence, to spotcases of sore throats and coughs which are caused bywork, and encourage staff to swap to other dutiesuntil they recover

� make improvements to air humidity, temperatureand circulation

� offer suitable alternative employment foremployees suffering permanent voice problems

Photocopiers and laser printersThere are hazards associated with the use ofphotocopiers and laser printers that are coveredelsewhere in this book. They include:

� electrical/mechanical hazards

� fire hazards

� hazards associated with heat

� ultraviolet light

� noise hazards which can affect concentration andmay increase stress

� hazardous substances

The London Hazards Centre has identified that thereare a number of chemicals associated with the use ofphotocopiers in their factsheet on photocopier andlaser printer hazards. Among these, there are ozone,



HAZARDS AT WORK206

volatile organic compounds and toner. The factsheetcontinues that if photocopiers are badly positioned,poorly maintained and used frequently or for longruns, there are risks to the health of office workers.There are special risks with laser printers becauseunlike photocopiers they are usually placed on desk-tops beside workers.


British Standards Institution (see Section 6.5 forcontact details)� Ergonomics Requirements for Office Work withVisual Display TerminalsBS EN ISO 9241(Parts 1–17, 1992–2000)� Guide to Ergonomic Principles in the Design andSelection of Office FurnitureBS 3044 (1990)� Office Furniture. Work tables and desks.DimensionsBS EN 527 (Part 1: 2000)� Office furniture. Office work chair. DimensionsBS EN 1335 (Part 1: 2000)

Checklist

Action points on copiers and printers

The following is an extract from a London Hazards Centrefactsheet:

� investigate – check health effects on people bycarrying out a survey

� control – make sure copiers are regularly serviced andthe filter replaced on a regular cycle

� siting and ventilation – ventilation is crucial! Ensurethat the area in which the machine is sited has acomplete change of air every hour, that the exhaustvent is free of obstruction, and no one is situated nextto the exhaust vent of the machine

� where possible no one should work in the same roomas a copier

� vet new laser printers and photocopiers in advance –demand specific information on filter changing andservicing

� when maintaining the machine, adding toner, etc.,follow guidelines

� use the law

The full factsheet Photocopier and Laser Printer Hazards isavailable at www.lhc.org.uk/members/pubs/factsht/76fact.pdf

Chartered Institution of Building Services Engineers(see Section 6.5 for contact details)www.cibse.org � Lighting Guide: The Visual Environment forDisplay Screen UseLG3 1996 ISBN 0 900953 71 3

Ergonomics Society (see Section 6.5 for contact details)News, resources and consultancies at:www.ergonomics.org.uk

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 88: Occupational Voice Loss� No. 72: Lone Working� No. 70: Bullying at Work� No. 67: Women at Work� No. 58: Computer Vision Syndrome� No. 55: Ergonomics – Making the Job Fit� No. 45: VDUs� No. 38: Strain Injuries and Work

£1.50 each for union subscribers. £6 for non-subscribers.


HSE office websiteThe HSE has a specific web page which drawstogether HSE information on office safety in oneplace at: www.hse.gov.uk/office/index.htm

HSE priced and free publications � For all the latest documents containing generalstandards and guidance on office safety, go to theHSE web page: www.hse.gov.uk/office/index.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

Labour Research Department (see Section 6.2 forcontact details)� Tackling Bullying and Harassment £4.95� Women’s Health and Safety £4.75� Pain at Work – an LRD Guide toMusculoskeletal Disorders £4.50� Stress at Work £4.70� Working Safely with VDUs £2.95

London Hazards Centre (see section 6.2 for contactdetails)� VDU Work and the Hazards to Healthwww.lhc.org.uk/members/pubs/books/vdu/vd_toc.htm� Display Screen Equipment Regulationswww.lhc.org.uk/members/pubs/factsht/54fact.htm



HAZARDS AT WORK 207

� Call Centreswww.lhc.org.uk/members/pubs/factsht/70fact.htm� Indoor Workplace Pollutionwww.lhc.org.uk/members/pubs/factsht/58fact.htm� Photocopiers and Laser Printerswww.lhc.org.uk/members/pubs/factsht/76fact.pdf� Sick Building Syndrome: Causes, Effects andControlwww.lhc.org.uk/members/pubs/books/sbs/sb_toc.htm

TUC (see Section 6.1 for contact details)� The TUC health and safety web page coversmany issues relevant to office workerswww.tuc.org.uk/h_and_s/index.cfm� Essential information for safety representatives.

Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on issues relevantto office workers. The website addresses of all tradeunions are on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance. For example,the TSSA “Guide to Office Health and Safety” atwww.tssa.org.uk/article-1.php3?id_article=1000


SECTION 4 CHAPTER 36 – PERSONAL PROTECTIVE EQUIPMENT

HAZARDS AT WORK208

BASIC FACTS ABOUT PERSONALPROTECTIVE EQUIPMENTPPE should be a last resortIn many other chapters of this book, there aredescriptions about the ways that employers shouldidentify hazards, evaluate and assess risks with aview to reducing them. There should be a hierarchyof prevention and control measures where personalprotective equipment (PPE) should be used only as alast resort. Engineering controls and safe systems ofwork should be used wherever possible instead.

Unfortunately, some employers encourageemployees to use PPE without ever considering theintroduction of prevention and control measures thatcould eliminate the use of PPE. This leads to anumber of problems:

� PPE protects only the person wearing it, whereasmeasures controlling the risk at source can protecteveryone at the workplace

� theoretical maximum levels of protection areseldom achieved with PPE in practice, and the actuallevel of protection is difficult to assess

� protection is often ineffective because the PPE isnot suitable, incorrectly fitted, not properlymaintained, and may be used improperly

� PPE is often designed for men, and for womenworkers this may introduce serious hazards anddiscomfort

� PPE may restrict the wearer by limiting mobilityor vision, or by requiring additional weight to becarried. As well as the health and safety problemsthat this may cause, it can also lead to a ‘blame theworker’ culture when the PPE is discarded becauseof the discomfort that it can cause

Hazards affecting workersYet even where engineering controls and safe systems ofwork have been applied, it is possible that some hazardsmight remain. These hazards may lead to injuries to the:

� lungs, for example, from breathing incontaminated air

� head and feet, for example, from falling materials

� eyes, for example, from flying particles orsplashes of corrosive liquids

� ears and hearing from noise

� skin, for example, from contact with corrosivematerials

� body, for example, from extremes of heat or cold

Sometimes, PPE is needed in these cases to reducethe risk.

In the 2008 TUC safety representatives survey, manyof these hazards were identified by safetyrepresentatives in their top five workplace hazards.For example:

� 20 per cent mentioned high temperature

� 14 per cent mentioned noise

� 11 per cent mentioned chemicals or solvents

� 9 per cent mentioned dusts

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations ofgeneral application apply to PPE. Duties can befound in the following chapters of this book:


� Health and Safety at Work etc. Act 1974 –Chapter 12. By virtue of Section 9 of this Act, nocharge can be made to the worker for provision ofPPE which is used only at work. Section 9 states:“No employer shall levy or permit to be levied onany employee of his any charge in respect ofanything done or provided in pursuance of anyspecific requirement of the relevant statutoryprovisions.”

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with the obligationsplaced upon employers to make suitable andsufficient assessments of risks to their employees andnon-employees. The risks should be reduced usingthe principles of prevention outlined in Regulation 4and Schedule 1, which make it clear that collectivemeasures should be implemented in preference toindividual measures

� a variety of specific regulations which include: theControl of Asbestos Regulations 2006 – Chapter 17;the Control of Substances Hazardous to Health

Personal protectiveequipment36



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Regulations 2002 – Chapter 21; the IonisingRadiations Regulations 1999 – Chapter 30; theNoise at Work Regulations 2005 – Chapter 34; andthe Construction (Head Protection) Regulations1989. These regulations require the provision anduse of certain PPE against particular hazards, and

the PPE at Work Regulations (see below) will notapply where these Regulations remain in force. Forexample, a person working with asbestos would,where necessary, have to use respiratory protectiveequipment and protective clothing under the Controlof Asbestos Regulations 2006.

THE PERSONAL PROTECTIVE EQUIPMENT ATWORK REGULATIONS 1992 (AS AMENDED)

Definition of PPE (Regulation 2)Personal protective equipment means allequipment (including clothing affording protectionagainst the weather) which is intended to be wornor held by a person at work and which protectsthem against one or more risks to their health andsafety, and any addition or accessory designed tomeet that objective.

PPE includes:

� protective clothing such as aprons, protectiveclothing for adverse weather conditions, gloves,safety footwear, safety helmets, high visibilitywaistcoats, etc.

� protective equipment such as eye-protectors, life-jackets, respirators, underwater breathingapparatus, safety harnesses

In practice, however, these regulations will not applyto ear protectors, most respiratory protectiveequipment and some other types of PPE used atwork. These types of PPE are specifically excludedfrom the PPE at Work Regulations because they arecovered by existing Regulations such as the Noise atWork Regulations. However, even if the PPE atWork Regulations do not apply, the Regulations andGuidance may still be applicable, as the generalprinciples of selecting and maintaining suitable PPEand training people in its use are common in allRegulations which refer to PPE.

Provision of Personal Protective Equipment(Regulation 4)When health and safety risks cannot be adequatelycontrolled by other means, employers must provideemployees with suitable PPE. Self-employedpersons have a similar duty to themselves. SuitablePPE means:

� it is appropriate for the risks involved, theconditions at the place where exposure to the riskmay occur and the period for which it is worn

� taking account of ergonomic requirements, thestate of health of the persons who use the PPE andthe characteristics of the workstation

� it is capable of fitting the wearer correctly, ifnecessary, after adjustments within the range forwhich it is designed

� so far as practicable, it is effective to prevent oradequately control the risks without increasing theoverall risk

� it complies with design and manufactureprovisions required under European law

Employers should ensure that PPE is provided forpersonal use to ensure hygiene and health.

Compatibility of PPE (Regulation 5)Where there is more than one risk, employers mustensure that different items of PPE that have to beworn together by employees are both compatibleand effective.

Assessment of PPE (Regulation 6)Before choosing any PPE, the employer must makean assessment to determine whether the PPE theyintend to provide is suitable. The assessmentrequired should include:

� an assessment of any risks to health and safetywhich have not been avoided by other means

� defining and comparing the characteristics thatthe PPE must have in order to be effective againstthe risks, which will also include any risks that thePPE itself may create

� an assessment as to whether the PPE iscompatible with other PPE required to be wornsimultaneously

The assessment must be reviewed if:

� there is reason to suspect it is no longer valid, or

� there has been a significant change

Maintenance and replacement of PPE (Regulation 7)Every employer must ensure that any PPEprovided is:

� maintained

� cleaned or replaced as appropriate

� in an efficient state

� in efficient working order

� in good repair

Accommodation for PPE (Regulation 8)Appropriate accommodation must be provided forPPE when it is not in use.



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Information, instruction and training (Regulation 9)Employers must provide employees withinformation, instruction and training that isadequate, appropriate and that they understand.This will ensure that employees know:

� the risks which the PPE will avoid or limit

� what the PPE is for

� how to use the PPE provided

� any action needed by the wearer to ensure thePPE remains in an efficient state, efficient workingorder and in good repair

Information must be kept available, and at suitableintervals demonstrations in the wearing of PPEshould be organised.

Use of PPE by employees (Regulation 10)Employers must take all reasonable steps to ensure

that employees properly use the equipmentprovided.

Employees must:

� use the PPE in accordance with the training andinstructions provided

� take all reasonable steps to ensure that the PPEis returned to the accommodation provided for itafter use

Reporting loss or defect (Regulation 11)Employees must report to their employers any lossof or obvious defect in the PPE provided for them.

The self-employedThe self-employed also have a duty to obtain anduse the appropriate PPE wherever there is a risk totheir health and safety that cannot be adequatelycontrolled by alternative measures.

WHAT CAN SAFETY REPRESENTATIVESDO?Safety representatives should check that theiremployer is observing their responsibilities under thePersonal Protective Equipment at Work Regulations1992.

Involving membersSafety representatives can identify if there is aproblem by:


� using hazard and risk mapping with members

� doing a special inspection that concentrates onPPE, using the inspection checklist below

� doing a special inspection that concentrates onthe information provided and the health and safetytraining of workers who have to use PPE


Risk assessmentsSafety representatives should ask for copies of therisk assessments that the employer has done toensure that they are preventing and controllinghazards without resorting to PPE. Where PPE isnecessary, before choosing any PPE, the employermust make an assessment to determine whether thePPE they intend to provide is suitable. And theemployer should consult them fully about this.

Safety policiesSafety representatives can also monitor the employer’ssafety policy regarding PPE, and check that:

� there are competent personnel that prevent orcontrol hazards without resorting automatically to PPE

� there is consultation “in good time” aboutarrangements for the appointment of competentpeople, and training and information arrangements


� PPE is suitable to be worn by women workers

� the introduction of PPE does not create newhazards such as the wearing of gloves in the healthservice causing latex allergy


Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 56: Ergonomics� No. 44: Risk Assessment: No Hazard, No Risk



HSE priced and free publications on personalprotective equipment� For all the latest documents containing general



HAZARDS AT WORK 211

standards and guidance on PPE, go to the HSE webpage: www.hse.gov.uk/pubns/ppeindex.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE website on PPE� For frequently asked questions on PPE, go to:www.hse.gov.uk/contact/faqs/ppe.htm� HSE website on PPEwww.hse.gov.uk/pubns/ppeindex.htm

TUC (see Section 6.1 for contact details)� The TUC personal protective equipment webpage www.tuc.org.uk/h_and_s/index.cfm?mins=340

� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on PPE. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance. For example,UNISON produces an information sheet on gloves atwww.unison.org.uk/acrobat/B167.pdf

Checklist

Personal protective equipment

� Are health and safety risks adequately controlled at workand can risks be eliminated or reduced without usingPPE?

� Is PPE used only as a last resort?

� Where PPE is necessary, has an assessment been done toidentify the types of PPE which are suitable to protectagainst the hazard and the job to be done?

� Are safety representatives and workers genuinelyconsulted about the choice of PPE?

� Do workers have the opportunity to try out differenttypes of PPE?

� Is the PPE suitable and provided free of charge?

� Does the PPE comply with British and Europeanstandards?

� Is the PPE appropriate for the risks involved and theconditions at the place where exposure to the risk mayoccur?

� Does the PPE prevent or adequately control the risksinvolved without increasing the overall level of risk?

� Can the PPE be adjusted to fit the wearer correctly?

� Is the PPE suitable for women workers or has it beendesigned for men?

� Has the state of health of those wearing the PPE beentaken into account?

� Have the needs of the job and demands it places on thewearer been considered, for example, physical effort andthe need to communicate?

� If more than one item of PPE is being worn, are theycompatible?

� Is there a system of regular maintenance?

� Is appropriate storage provided for PPE?

� Is information, instruction and training provided foremployees?

� Do employees know how to use PPE properly?

� Is there adequate supervision to ensure proper use of PPE?

� Is there a procedure for reporting loss or defects in PPE?

� Are safety representatives and members involved in alldecisions about the use of protective clothing andequipment?

� Do areas that require PPE have proper safety signs?

� Is PPE provided solely for personal use?


SECTION 4 CHAPTER 37 – SLIPS, TRIPS AND FALLS

HAZARDS AT WORK212

BASIC FACTS ABOUT SLIPS, TRIPS ANDFALLSSlips and tripsSlips and trips are the most common cause of majorinjuries at work. They occur in almost allworkplaces, 95 per cent of major slips result inbroken bones and they can also be the initial causesfor a range of other accident types. According to theHSE, on average, slips and trips:

� are 33 per cent of all reported major injuries

� are 20 per cent of injuries that require more thanthree days off work

� cause two fatalities per year

� are 50 per cent of all reported accidents tomembers of the public

� cost £512 million to employers per year

� cost £133 million to the health service per year

� cause incalculable human costs

A TUC survey of safety representatives on slips andtrips identified:

� slips and trips are a major problem in 84 per centof the workplaces surveyed

� in just one year there were nearly 15,000 slippingand tripping incidents in the workplaces covered bythe survey – over 400 of which resulted in brokenbones or other major injury

� nearly half (44 per cent) of the incidents reportedby safety representatives were in the health sector,with 16 per cent in public administration and therewere four times as many injuries in the averagehealth sector workplace as in workplaces generally

� slips are also a problem for members of the public(30 per cent of safety representatives reported aproblem), and in the leisure services industry theyare just as likely as employees to have an accident

� substances on the floor (43 per cent) andobstructions (31 per cent) are the main causes ofslips and trips

� most slips and trips occur on stairs and steps (29per cent), followed by the shop floor (28 per cent)and outside (27 per cent)

Slips and trips accidents account for the highestnumber of major injuries and occur across all

industry sectors. As a result, the HSE initiated anational campaign on slips and falls, ‘Watch yourstep’. A more focused follow-up took place in theeducation and construction sectors, and on falls fromvehicles. The HSE’s current project is ‘ShatteredLives’, and this includes a free interactive learningpackage called STEP, that provides practicalguidance to help tackle slips, trips and falls.www.hse.gov.uk/slips/step See the Campaigns archive atwww.hse.gov.uk/slips/campaigns.htm andwww.hse.gov.uk/shatteredlives/index.htm for the currentproject.

Falls from a heightAccording to the HSE, 46 people died in 2005/06and 3,351 suffered a major injury as a result of a fallfrom height in the workplace. The HSE Falls FromHeight web page at www.hse.gov.uk/falls/index.htmidentifies that falls from height occur throughoutindustry.

In January 2007, the HSE identified some of themajor facts about falls from a height in its topicinspection pack Falls from Height atwww.hse.gov.uk/foi/internalops/fod/inspect/falls.pdf. Keypoints include:

� falling from a height continues to be the mostcommon kind of fatal injury to workers, accountingfor 22 per cent of fatalities in 2005/06

� over 50 per cent of fatal injuries were in construction

� 66 per cent of major injuries due to falling from aheight were as a result of falling from below headheight

� the main cause of all injuries from falling from aheight is people falling from ladders

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere are a number of laws that apply to slips, tripsand falls. See the following chapters of this book:



Slips, trips and falls37



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Employers should conduct a risk assessment forslips and trips if there appears to be a risk toworkers. The main causes must then be treated inthe same way as any other workplace hazard bythe implementation of protective and preventivemeasures. Provisions in the 1999 Regulations thatare important include:


� identifying measures needed to comply with legalrequirements


� recording the assessment where there are five ormore employees

� implementing preventive and protective measureson the basis of: avoiding risks; evaluating the riskswhich cannot be avoided; combating the risks atsource; adapting the work to the individual; adaptingto technical progress; replacing the dangerous by thenon-dangerous or less dangerous; developing acoherent overall prevention policy which coverstechnology, organisation of work, workingconditions, social relationships and the influence offactors relating to the working environment; givingcollective protective measures priority over individualprotective measures; giving appropriate instructionsto employees

WORKPLACE (HEALTH, SAFETY AND WELFARE)REGULATIONS 1992

Regulation 12 states that every floor and the surfaceof every traffic route in a workplace:

� must be suitable for the purpose

� should not expose persons to risks by havingholes (unless there are adequate measures toprevent falling) or slopes (account should be takenof handrails) or being uneven or slippery

� should have effective means of drainage

� so far as is reasonably practicable, be kept freefrom obstructions and articles and substanceslikely to cause slips, trips or falls

Handrails and, if appropriate, guards must beprovided on traffic routes which are staircases,except where a handrail would obstruct the trafficroute.

Paragraphs 89–100 of the Approved Code of Practice tothe Regulations require that:

� surfaces of floors and traffic routes should be ofsound construction, have adequate strength andstability, and not be overloaded

� surfaces of floors and traffic routes should befree from any hole, slope or uneven or slippery

surface which is likely to cause a person to slip,trip or fall; cause a person to drop or lose controlof anything being lifted or carried; cause instabilityor loss of control of vehicles and/or their loads

� holes, bumps or uneven areas should be madegood, with account taken of people with impairedor no sight

� slopes should not be steeper than necessary

� moderate and steep slopes, and ramps used bypeople with disabilities, should be provided with asecure handrail where necessary

� surfaces of floors and traffic routes which arelikely to get wet or to be subject to spillages shouldbe of a type which do not become unduly slippery.Slip resistant coating should be applied wherenecessary

� processes or plant which may discharge orleak liquids should be enclosed, and leaks fromtaps or discharge points should be caught ordrained away

� where a leak or spillage occurs and it is likely tobe a slipping hazard, immediate steps should betaken to fence it off, mop it up, or cover it withabsorbent granules

� arrangements should be taken to minimise therisks from snow or ice

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with the obligationsplaced upon employers to make suitable andsufficient assessments of risks to their employees.They must also make arrangements for the healthand safety of employees by effective planning,organisation, control, monitoring and review

� Reporting of Injuries, Diseases and DangerousOccurrences Regulations 1995 – Chapter 49, whereemployers must notify their enforcing authority inthe event of an accident at work to any employeeresulting in death, major injury or incapacity fornormal work for three or more days



HAZARDS AT WORK214

WORK AT HEIGHT REGULATIONS 2005

These Regulations came into force in April 2005and implemented European Council Directive2001/45/EC concerning minimum safety andhealth requirements for the use of equipment forwork at height (the Temporary Work at HeightDirective, or TWAHD). They replace all the earlierregulations about working at height.

It is important that in identifying the measuresrequired to avoid risks from work at height, everyemployer should take account of a risk assessmentunder Regulation 3 of the Management of Healthand Safety at Work Regulations 1999 (referred toabove). The Work at Height Regulations apply toall work at height where there is a risk of a fallliable to cause personal injury. They place dutieson employers, the self-employed, and any personthat controls the work of others. The Regulationsalso:

� impose duties relating to the organising andplanning of work at height (Regulation 4)

� require that persons at work be competent, orsupervised by competent persons (Regulation 5)

� prescribe steps to be taken to avoid risk fromwork at height (Regulation 6 and Schedule 1)

� impose duties relating to the selection of workequipment (Regulation 7)

� impose duties in relation to particular workequipment (Regulation 8 and Schedules 2 to 6)

� impose duties for the avoidance of risks fromfragile surfaces, falling objects and danger areas(Regulations 9 to 11)

� require the inspection of certain work equipmentand of places of work at height (Regulations 12 and13 and Schedule 7)

� impose duties on persons at work (Regulation 14)

WORK AT HEIGHT (AMENDMENT) REGULATIONS2007

The Work at Height (Amendment) Regulations2007 came into force on 6 April 2007. The

Regulations apply to those who work at heightproviding instruction or leadership to one or morepeople engaged in caving or climbing by way ofsport, recreation, team building or similar activitiesin Great Britain.

� floors and traffic routes should be kept free ofobstructions which might present a hazard orimpede access

� effective drainage should be provided where afloor is liable to get wet

� every open side of a staircase should be securelyfenced. As a minimum the fencing should consistof an upper rail at 900 mm or higher and a lowerrail

� a secure and substantial handrail should beprovided and maintained on at least one side ofevery staircase

� handrails should be provided on both sides of astaircase if there is a particular risk of falling, andadditional handrails should be provided down thecentre of particularly wide staircases

HSE summary of the Work at HeightRegulationsThe HSE has produced a summary on the two setsof Work at Height Regulations atwww.hse.gov.uk/falls/regulations.htm. In addition, a moredetailed guide to the Work at Height Regulations2005, as amended by the 2007 Regulations, can bedownloaded at www.hse.gov.uk/pubns/indg401.pdf

The Work at Height Regulations 2005 came intoforce on 6 April 2005. The Regulations apply to allwork at height where there is a risk of a fall liable tocause personal injury. They place duties onemployers, the self-employed, and any person thatcontrols the work of others (for example facilitiesmanagers or building owners who may contractothers to work at height).

As part of the Regulations, duty holders mustensure:

� all work at height is properly planned andorganised

� those involved in work at height are competent

� the risks from work at height are assessed andappropriate work equipment is selected and used

� the risks from fragile surfaces are properlycontrolled and

� equipment for work at height is properlyinspected and maintained

There is a simple hierarchy for managing and selectingequipment for work at height. Duty holders must:



HAZARDS AT WORK 215

� avoid work at height where they can

� use work equipment or other measures toprevent falls where they cannot avoid working atheight and

� where they cannot eliminate the risk of a fall, usework equipment or other measures to minimise thedistance and consequences of a fall should one occur

The Regulations include schedules givingrequirements for existing places of work and meansof access for work at height, collective fallprevention (e.g. guardrails and working platforms),collective fall arrest (e.g. nets, airbags etc.), personalfall protection (e.g. work restraints, fall arrest andrope access) and ladders.

The full Work at Height Regulations 2005 can beviewed on the Office of Public Sector Informationwebsite at www.opsi.gov.uk/si/si2005/20050735.htm andthe Work at Height (Amendment) Regulations 2007at www.opsi.gov.uk/si/si2007/20070114.htm

The HSE has produced new guidance to takeaccount of the Work at Height (Amendment)Regulations 2007: The Work at Height Regulations2005 (as amended): a Brief Guide (INDG401). Thiscan be found at www.hse.gov.uk/pubns/indg401.pdf

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle slips, trips and falls in the workplace.

Membership awarenessUse posters and leaflets to bring up the issue of slips,trips and falls with members, and take theopportunity of discussing slips, trips and falls withthem to see if they think that there are anyproblems. Safety representatives should report theirconcerns and those of their members to managementin writing. Use Chapter 7 above for ideas on howyou can make sure that management gets thingsdone.

Surveys and inspectionsSafety representatives could conduct a survey to findout whether slips, trips and falls are a problem in theworkplace. Safety representatives can use theirroutine inspections or undertake special inspectionsto speak to members about slips, trips and falls andexamine accident statistics.

Slips and trips mapping toolUse the HSE Slips and Trips Mapping Tool for safetyrepresentatives at www.hse.gov.uk/slips/mappingtool.pdf.USDAW gave permission for its own slips and trips

mapping tool to be developed by HSE for widerdissemination. The tool will help to involve membersand develop control measures.

Risk assessmentSafety representatives should ask their employers fora copy of risk assessments relating to work at height,if work at height cannot be avoided. Riskassessments should be conducted under theManagement of Health and Safety at WorkRegulations 1999 and to comply with the Work atHeight Regulations 2005 (as amended), and safetyrepresentatives should be consulted. Ask youremployer to carry out risk assessments if they havenot already done so.

Slips, trips and falls policy and procedureSafety representatives should urge their employer tohave procedures in place to prevent slips, trips andfalls at work. Establish whether the employer alreadyhas a policy and procedure for tackling slips, tripsand falls. If not, take steps to negotiate a policy withmanagement. Commitments are required fromemployers which should include:

� full consultation with trade union health andsafety representatives

� thorough risk assessments with a commitment toeliminate the hazards

� the use of HSE guidance on slips and trips atwww.hse.gov.uk/pubns/indg225.pdf

� the use of HSE guidance on falls from height atwww.hse.gov.uk/pubns/indg401.pdf

� safe systems of working

� information, instruction and training



HSE falls from height websiteThe HSE has a specific web page which drawstogether HSE information on falls from height in oneplace at www.hse.gov.uk/falls/index.htm

HSE priced and free publications on slips and trips� For all the latest documents containing generalstandards and guidance on slips and trips, go to theHSE web page:www.hse.gov.uk/slips/information.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165



HAZARDS AT WORK216

HSE slips and trips websiteThe HSE has a specific web page which drawstogether HSE information on slips and trips in oneplace at www.hse.gov.uk/slips/index.htm

HSE slips assessment toolThe HSE has produced an online slips assessmenttool at www.hsesat.info

London Hazards Centre (see Section 6.2 for contactdetails)Working at Height (the new regulations)www.lhc.org.uk/members/pubs/factsht/84fact.htm

Office of Public Sector InformationWebsite with the Work at Height Regulations 2005www.opsi.gov.uk/si/si2005/20050735.htm and the newWork at Height (Amendment) Regulations 2007 atwww.opsi.gov.uk/si/si2007/20070114.htm

TUC (see Section 6.1 for contact details)� The TUC Slips, Trips and Falls web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=573


Trade union information� Many unions provide guidance on slips and trips.The website addresses of all trade unions are on theTUC website at www.tuc.org.uk/tuc/unions_main.cfm.Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on slips, tripsand falls. For example, the BFAWU has produced aguide to reducing slips and trips atwww.bfawu.org/cms/session/upload/file/guide_doc1.pdfUSDAW has produced risk mapping resources forslips and trips at www.usdaw.org.uk/getactive/resource_library/files/RLFRiskMapping/RiskMappingSlipsTrips1104.pdf


SECTION 4 CHAPTER 38 – SMOKING AT WORK

HAZARDS AT WORK 217

BASIC FACTS ABOUT SMOKINGFor many years, the TUC and many othercampaigning organisations have viewed second-handsmoke as a workplace hazard and consistentlycampaigned for a smoking ban in workplaces. TheTUC previously estimated that seven hundredworkers died every year as a direct result of theirexposure to it. Now, extensive research findingsabout the health risks of second-hand smoke haveled to a ban on smoking in virtually all enclosedpublic places and workplaces in all four UKcountries.

The health problems caused by second-handsmoke (also called environmental tobacco smoke orpassive smoke) are summarised on the officialSmokefree England website. Second-hand smoke isexplained as other people’s tobacco smoke which iseverywhere that people are smoking. It is made up ofthe smoke from the burning end of the cigaretteplus the smoke that the smoker breathes out. But,it is the smoke from the burning end of the cigarettethat makes the most second-hand smoke, and thissmoke is poisonous as it contains highconcentrations of toxic chemicals such as hydrogencyanide, ammonia, carbon monoxide and acrolein.

Second-hand smoke can cause very serious healthproblems – it does more than cause unpleasant sideeffects in some people like sore eyes, headaches,throat irritation and coughing. Being exposed tosecond-hand smoke can increase a non-smoker’s riskof getting lung cancer by 24 per cent and the risk ofgetting heart disease by 25 per cent, as well as beingassociated with many other medical conditions likethe respiratory disease chronic obstructivepulmonary disease (COPD) and other types ofcancer. There is no risk-free level of exposure tosecond-hand smoke. After just thirty minutes,breathing in second-hand smoke can make bloodplatelets become more sticky, which means theperson has a higher risk of having a heart attack ordeveloping other heart problems.

For the full explanation about second-hand smokeand its effect upon health, go towww.smokefreeengland.co.uk/whysmokefree/health-benefits.html

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLSome laws apply in a general sense to smoking atwork. Some of the general duties and a guide for

safety representatives can be found in the followingchapters of Hazards at Work:




� Control of Substances Hazardous to Health 2002– Chapter 21


The law on smoke-free workplacesThe law concerning smoke-free workplaceseffectively bans smoking in all enclosed workplacesand public places (with some exemptions). It isderived from the Health Act 2006 for England andWales. New Regulations under the Health Act 2006came into effect:

� in Wales on 2 April 2007 and can be viewed atwww.smokingbanwales.co.uk/english

� in England on 1 July 2007 and can be viewed atwww.smokefreeengland.co.uk/thefacts/situation.html

Scotland’s legislation prohibiting smoking in theworkplace is derived from the Smoking, Health andSocial Care Act 2005, which came into effect in2006. For full details on the law in Scotland go towww.clearingtheairscotland.com/index.html

A TUC summary of the law can be found on itssmoking web page atwww.tuc.org.uk/h_and_s/index.cfm?mins=347. The mainpoints of the TUC summary are reproduced below.

The provisions on smoke-free workplaces in theHealth Act 2006 cover not only tobacco incigarettes, pipes and cigars but also herbal tobacco.These are all prohibited when lit, even if the personis not smoking at the time. So wandering throughthe workplace with a lit cigarette would be anoffence.

Smoking is not permitted in any workplaces orpublic places which are “enclosed” or “substantiallyenclosed” from 2 April 2007 in Wales and 1 July2007 in England. This means premises that have a

Smoking at work38



HAZARDS AT WORK218

ceiling or walls at least half the way around,including doors and windows. The regulations alsocover work vehicles, although there is an exemptionfor vehicles that are only ever used by one personwith no passengers. An employee’s own vehicle is notcovered unless it is being used for hire or as a workvehicle by more than one person.

Employers have to put up ‘no smoking’ signs orface a fine. The regulations lay down the minimumrequirements for signs that have to be displayed atall entrances to premises and also in vehicles. It is theresponsibility of the employer or operator to ensurethe signs are there.

There are new offences of smoking in a smoke-free place and failing to prevent smoking in a smoke-free place. The latter offence generally applies toemployers or occupiers of premises, but theregulations also impose a duty on the drivers ofsmoke-free vehicles to prevent smoking.

There are some exemptions under the newregulations. These mainly relate to situations where aperson's workplace is also their, or someone else’s,home. This includes residential homes, long-termresidential mental health units, prisons, offshoreplatforms and hospices. Although smoking isallowed in either a bedroom or a designated smokingroom, there are strict conditions. The exemptionsrelate to residents and their guests only andemployees are not able to smoke on the premises(except smoking rooms in off-shore platforms). Theregulations do not cover designated hotel bedroomsor employees visiting people in their own homes.They do however cover home workers in their ownhomes if any part of the dwelling is used solely forwork purposes and is also used by a person whodoes not live there. Communal areas in blocks offlats that are also a place of work for porters,cleaners, postal workers etc. are not exempt.

There are also exemptions for theatre and filmperformances where smoking is necessary for artisticreasons, some research and testing facilities andspecialist tobacconists in England. The regulationsfor Wales do not exempt specialist tobacconists orprovide an exemption for theatre or filmperformances.

For the full TUC document Negotiating Smoke-FreeWorkplaces that applies to England go towww.tuc.org.uk/extras/smokingguide2007.pdfFor the full TUC document Negotiating Smoke-FreeWorkplaces that applies to Wales go towww.tuc.org.uk/extras/walessmokingguide.pdf

WHAT CAN SAFETY REPRESENTATIVESDO?The new laws and regulations referred to above affectall union representatives, including those in premisesthat already considered themselves as smoke-free. TheTUC has always encouraged safety representatives and

stewards to negotiate a smoking policy. It has alsoencouraged a review of existing policies in light of thenew laws and regulations. Negotiated smokingpolicies that involve union representatives enable theemployer to deal with this controversial and sensitiveissue in a practical way. Policies should not victimisesmokers but seek to eliminate employee exposure totobacco smoke.

The TUC guide Negotiating Smoke-Free Workplacesat www.tuc.org.uk/extras/smokingguide2007.pdf identifiesthe key features of a smoke-free policy.

The aims of a smoke-free policyThe main aims of a smoke-free policy are to:

� protect all staff from the harmful effects of second-hand tobacco smoke

� ensure that all parties including employers,smokers and non-smokers have a clear understandingof their rights and responsibilities and preventproblems arising

� ensure that the workplace complies with the law

A negotiated policy involving union representatives ismore likely to be practical and acceptable to theworkforce.

Negotiating a smoking policy will vary dependingon the workplace. The overall aim should be toeliminate employee exposure to environmentaltobacco smoke, and at the same time comply with thenew legislation. Policies should not be used tostigmatise smokers or discriminate against them.

What should be included in a policy on a smoke-free workplace?A comprehensive policy on a smoke-free workplacewill cover some or all of the following:

� the rights of non-smokers to breathe air that is freefrom tobacco smoke

� compliance with all legislation relating to smokingin the workplace

� what time is allowed for smoking breaks forindoor workers who have to leave the workplace tosmoke

� the support that is to be provided by the employerfor smokers who wish to stop smoking

� what happens to employees who do not complywith it

� procedures for monitoring the effectiveness of thepolicy and for reviewing it

� procedures for resolving complaints and disputes

The following steps will be useful when negotiating apolicy on a smoke-free workplace:



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The commitment of the employer to healthpromotionThe policy should not be an isolated action but partof a comprehensive approach to promoting health andpreventing risks at work. Specific measures onsmoking should be part of the employer’s overall planfor health and well-being at work. The policy shouldseek to protect or promote the health of both thesmoker and the non-smoker. However while anemployer may reasonably wish to support employeesby helping them give up they should also accept thatthe decision whether to smoke outside of work is forthe individual.

Set up a working groupThe group should be responsible for co-ordinating thevarious phases of the programme – development,implementation and monitoring. The working groupshould be made up of trade union representatives,smokers and non-smokers, health and safety andhuman resources staff and the senior managementteam.

Inform the workforceRather than just notify the workforce that thesmoking ban has been introduced to comply with thelaw, it is important that everyone in the workplace isinformed about the health hazards associated withsecond-hand tobacco smoke. This can be done viahealth promotion programmes, displaying anddistributing educational literature, articles in in-housepublications or via an intranet.

Consult the workforceIt is important to find out employees’ opinions on thepolicies to be implemented by the employer. Aquestionnaire could be drawn up and distributed byunion representatives to find out:

� the number of smokers and ex-smokers

� the proportion of smokers who wish to give upsmoking

� attitudes to smoking in the organisation

� opinions on issues such as outside smoking andbreaks

Other ways of gauging employees’ views are meetings,interviews or group discussions. These should be runby the union, rather than by management, so thatpeople feel freer to express their views openly andhonestly.

Working towards a policyWith the information from the consultation process apolicy can start to be formulated. The draft policyshould:

� comply with the new law

� protect all non-smokers in the workplace

� describe how disagreements and breaches of thepolicy will be dealt with

� describe what help is available for smokers

� have a clear timetable for implementation with aphase-in period

� name the person responsible for monitoring andreceiving feedback

Provision for smokersResearch shows that smoke-free workplaces helpsmokers to give up or reduce the amount they smoke.Yet some people will still want to smoke duringworking hours and many will find it very difficult tocut down or stop. Each organisation will deal withthis issue differently depending on the culture and thenature of the work. However, no smoking can takeplace at all inside an enclosed building, so anypermitted smoking area will have to be outside. If it isto be outside then provision will have to be made forash and cigarette ends. If smoking is permitted outsidein designated areas, the working party will need toconsider whether to specify how often and for howlong smokers may take breaks.

Some employers have attempted to use smokingbans as an excuse for banning outside workers fromsmoking while on duty. There is no legal requirementto do this and outside smokers are only harming theirown health, not that of others. If employers dopropose this then safety representatives shouldconsider this carefully, as it is not an occupationalhealth and safety issue but a health promotion issue,or, if the outside worker can be identified with theemployer through a uniform or other means, thensimply one of image for the employer.

If representatives from all areas and all levels of theorganisation are involved in the working group it ismore likely that the most appropriate policy will bedrawn up and conflict will be reduced. The TUC doesnot support smoking policies that state that theemployer will not employ smokers. If smokers restricttheir smoking to outside working hours there is noreason this should affect their work or their ability.

Support for smokers who want to give upHelping smokers to give up if they wish is an essentialelement of a successful smoking policy. You arerecommended to work with your local NHS StopSmoking services on this (contactable through yourlocal PCT). There are various ways of doing this:

� providing advice on giving up smoking from adoctor or health professional

� developing programmes for giving up smoking thatcould consist of group meetings run by professionals

� supplying free or subsidised nicotine replacementtherapy such as gum or patches



HAZARDS AT WORK220

� distributing self-help guides for giving up smoking

� developing multi-component programmesincluding all of the above and tailored to theindividual

Implementing the policyOnce the policy is finalised it needs to becommunicated to the workforce and a date set forimplementation. Good practice is to provide at least a12-week gap between the policy being finalised and itcoming into operation. At this stage the necessaryadjustments should be made such as publicising thepolicy, ordering signs and organising support forsmokers. Copies of the policy should be displayed inkey areas around the workplace. All new employeesshould be given a copy of the policy.

Evaluation and monitoringThe policy must be monitored and evaluated jointlyby unions and management to ensure that it isworking effectively. Any changes should be made inconsultation with the workforce and any complaintsor problems should be handled promptly and fairly.The following areas may be included in an evaluation:

� Have there been any reports of non-compliance?

� Are the no-smoking signs clear and do they coverall areas including public areas?

� Are new staff told about the policy at induction?

� Are existing staff reminded about assistanceavailable to help them stop smoking?

� Have there been problems over the use of breaksby smokers?

� If outside areas are available for smoking, are theybeing used and is litter removed regularly?

Dealing with exemptionsWhere your employer can claim an exemption fromparts of the smoking restrictions in the Health Act2006, then it is important that the union is involved indiscussions on how the exemptions will be introduced.

In prisons, mental health units, oil and gasplatforms, hospices and care homes, while smoking byresidents will be permitted, this does not mean thatthe employer does not have a duty to protect staff.Workers in these areas have exactly the same rights towork in a smoke-free environment as other workersand any designated areas must be the exception ratherthan the rule. They cannot be rooms used by otherresidents for other purposes such as TV, games, rest oreating. Staff should not work in areas where smokingis permitted. Nor can they use these rooms to smokethemselves. Any designated smoking rooms must havemechanically closing doors and must not have aventilation system that ventilates into any other part

of the building.Within the entertainment industry unions should

ensure that smoking is only permitted when it is agenuine artistic requirement and that non-addictiveherbal tobacco substitutes are used to ensure that theartists do not get addicted to nicotine. Smoking is alsoonly permitted during the actual performances, notrehearsals. The Smoke-free Premises etc. (Wales)Regulations 2007 do not include an exemption forperformers in Wales.

Visiting clients in their homeWorkers visiting clients in their home are not directlycovered by the provisions of the Health Act. Howeverunion representatives will wish to ensure thatemployees are protected when visiting clients in theirhomes. Obviously staff should not be able to smokewhile with a client.

Safety representatives and stewards will not wish torestrict the right of individuals to take part in a legalactivity in their own homes, but employees also have aright not to be exposed to second-hand tobaccosmoke. This is best done by seeking agreement withthe employer that they have guidance on this issue. Insome cases it may also be appropriate to add smoke-free conditions into any service agreements withclients. All those who are visited regularly should benotified of the guidance or conditions in advance. Theemployer should ask any service users or clients whoare visited regularly not to smoke for a certain periodprior to any pre-arranged visit and during a visit. Theclient should also ensure that no-one living in thehouse with them smokes. Clearly where a client orpatient is suffering from dementia or some otherillnesses this may be difficult to enforce and some tactmay be required.

Transport workersThe TUC is concerned that the regulations impose aspecific duty on a driver or guard within a vehicle toprevent smoking. It believes that this duty should beon the operator rather than the driver. Publictransport workers already suffer a high degree ofviolence. If they are forced to stop smoking bypassengers by law the likelihood of violence is likelyto increase. The law does allow a defence where it isnot reasonable to stop the person smoking and it isimportant that unions ensure that their employerprovides guidance on this.

Union representatives should meet with employersto ensure that arrangements are in place to supportdrivers or guards in preventing smoking bypassengers. This may include the installation ofadditional CCTV equipment, agreement with localpolice stations that they will deal with any calls forassistance urgently, training, and assurances that legalaction will always be taken against those whothreaten or abuse staff.



HAZARDS AT WORK 221

A DRAFT POLICY ON SMOKINGThe following is a draft policy that you might want to use as a template for one within your workplace.

Policy on a smoke-free workplace

Effective from [date]

Second-hand exposure to tobacco smoke has now been shown to be a risk factor for lung cancer and heart disease in non-smokers, as well as many other illnesses.

This organisation acknowledges that breathing people's smoke is a public health hazard. Therefore, the following policy hasbeen agreed between [name of employer] and [name of union(s)] concerning smoking in the workplace.

General principle

This smoking policy seeks to guarantee non-smokers the right to work in air free of tobacco smoke, while also taking accountof the needs of those who smoke.All premises will be designated smoke free from [date]. This includes not only the smoking of tobacco in all forms, but alsothe smoking of herbal substitutes. Smoking will not be allowed in any part of any building. Smoking while on duty will onlybe allowed outdoors in designated areas and while on official breaks. This will not apply to staff working outdoors as part oftheir job.

Vehicles

All official vehicles will be smoke free at all times.

Or

All official vehicles will be smoke free at all times unless only ever used by one person and where passengers are nevercarried.

Informing staff of the policy

All induction sessions will refer to the smoking policy and the reasons for it, and notices will be placed at all entrances and atselected places within all buildings. In addition the employer will inform staff of the policy in the following ways: [list themhere]

Clients and members of the public

Employees will not smoke while in the homes of clients. In addition the employer will take the following steps to limit staffexposure to second-hand smoke from clients/members of the public: [list them here]

Help for those who smoke

It should be noted that this policy is not concerned with whether anyone smokes, but with where they smoke and the effectthat this has on non-smoking colleagues.

However, it is recognised that the smoking policy represents a change in the working conditions of those who smoke. In aneffort to help individuals adjust to this change the following help is being provided: [list them here]

Enforcement of the policy

Breaches of the policy will normally be dealt with through education and counselling. As a last resort, if counselling andnegotiation fail, employees who refuse to observe the policy on smoking will be subject to normal disciplinary procedures.

Implementation, monitoring and review

Responsibility for implementing and monitoring this policy rests with senior managers. Senior managers will carry out themonitoring of this policy at three, six and twelve months following implementation with a formal review after eighteen months.The trade unions will be consulted over the results of the monitoring and review.

Twelve weeks’ notice will be given of the introduction of this policy and of any changes subsequently made to it. Changes willonly be made after consultation with the trade unions.



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Action on Smoking and Health� News and resources from ASH web resource pagewww.ash.org.uk

Hazards magazine website Excellent news and resources on the Hazardssmoking web resource page www.hazards.org/smoking/

Health Act 2006www.opsi.gov.uk/acts/acts2006/ukpga_20060028_en.pdf

HSE� HSE guidance on the smoking lawswww.hse.gov.uk/contact/faqs/smoking.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE web page devoted to frequently asked questions(FAQs) on smoking www.hse.gov.uk/contact/faqs/smoking.htm

London Hazards Centre (see Section 6.2 for contactdetails)� Indoor Workplace Air Pollutionwww.lhc.org.uk/members/pubs/factsht/58fact.htm

Smoke-free EnglandAll the latest on the Regulations and copies of theRegulationswww.smokefreeengland.co.uk/thefacts/situation.html

Smoking ban Scotland – Clearing the AirAll the latest on lawwww.clearingtheairscotland.com/index.html

Smoking ban WalesAll the latest on the Regulations and copies of theRegulationswww.smokingbanwales.co.uk/english

TUC (see Section 6.1 for contact details)� The TUC guide Negotiating Smoke-FreeWorkplaces www.tuc.org.uk/extras/smokingguide2007.pdf� The TUC smoking web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=347� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on smoking atwork. The website addresses of all trade unions areon the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm.� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on smoking.For example, Unite – Amicus section has producedresources for members at:www.amicustheunion.org/default.aspx?page=3924


SECTION 4 CHAPTER 39 – STRESS

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BASIC FACTS ABOUT STRESSWhat is stress?According to the HSE, stress is “the adverse reactionpeople have to excessive pressure or other types ofdemand placed on them”. The HSE explains:“Pressure is part and parcel of all work and helps tokeep us motivated. But excessive pressure can lead tostress which undermines performance, is costly toemployers and can make people ill”.

The European Agency for Safety and Health atWork explains that “stress can be said to beexperienced when the demands from the workenvironment exceed the employee’s ability to copewith (or control) them”. See its Factsheet 31 athttp://osha.europa.eu/en/publications/factsheets/31

The TUC endorses these definitions and safetyrepresentatives can use the HSE version as a workingdefinition.

Incidence of work-related stressHSE stress statistics atwww.hse.gov.uk/statistics/causdis/stress/index.htm show:

� In 2007/08 an estimated 442,000 individuals inBritain who had worked in the past year believedthat they were experiencing work-related stress at alevel that was making them ill, according to theLabour Force Survey (LFS).

� The 2007 Psychosocial Working Conditions(PWC) survey indicated that around 13.6 per cent ofall working individuals thought their job was very orextremely stressful.

� The annual incidence of work-related mentalhealth problems in Britain in 2007, as estimated bythe HSE, was approximately 5,750 new cases peryear. However, this almost certainly underestimatesthe true incidence of these conditions in theworkforce.

� According to the LFS an estimated 237,000people, who had worked in the past 12 months, firstbecame aware of work-related stress, depression oranxiety in 2007/08, giving an annual incidence rateof 780 cases per 100,000 workers.

� Estimates from the LFS indicate that self-reportedwork-related stress, depression or anxiety accountedfor an estimated 13.5 million lost working days inBritain in 2007/08.

� LFS survey data suggests the incidence rate ofself-reported work-related stress, depression or

anxiety has been broadly level over the years2001/02 to 2007/08, with the exception of 2005/06where the incidence rate was lower than all otheryears.

� Teachers and lecturers, nurses, other peopleworking in the public sector, and some professionaland managerial groups have high prevalence rates ofself-reported work-related stress according to theLFS. Other research suggests there are high incidentrates of work-related mental illness for theseoccupational groups, and also for medicalpractitioners and those in public sector security-based occupations such as police officers, prisonofficers, and UK armed forces personnel.

In the TUC’s 2008 safety representative survey:

� Stress is cited in more than half of all workplace;53 per cent of safety representatives reported stressin workplaces with under 50 employees, the figurerising to 66 per cent in workplaces with over 1,000employees.

� Stress is more prevalent in the public sector,where two-thirds (66 per cent) of safetyrepresentatives identified it as a major concerncompared with 47 per cent of representatives in theprivate sector.

� In 10 out of the 14 economic sectors, stress wasthe top concern for safety representatives.

Effects of stressStress is a natural reaction to excessive demand orpressure. When we feel pressured, hormonal andchemical defence mechanisms are triggered in thebody. This is often called the ‘fight or flight’reaction. It evolved so that we are better prepared todeal with dangerous or life-threatening situations.Mobilised for action we begin to perspire, bloodvessels to the skin constrict, muscle blood vesselsswell, the stress hormones adrenalin and cortisol arereleased. If we cannot ‘release’ that tension, thehormonal/chemical mechanisms can have seriouslong term effects.

Physiological changes appear such as: drymouth and throat; butterflies in the stomach; moistpalms; flushed face; pounding heart and musclecramps.

If pressure is prolonged, too frequent or out ofcontrol, physical ill health problems may develop,such as: appetite loss; comfort eating; weight gain orloss; indigestion or heartburn; constipation or

Stress39



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diarrhoea; sleeplessness; sweat bouts; headaches;back pain; nausea; breathlessness; fainting spells;impotence/frigidity; and eczema.

Stress can also cause emotional and mental healthproblems. Society’s attitudes to mental ill health arevery different from those to physical ill health andadd to the pressures on stressed individuals. Whenthis is the case, people may try to hide theiremotional and mental symptoms, not asking for helpuntil their problems are seriously out of control.

Psychological conditions triggered by prolongedstress include: fatigue; anxiety; depression; hostilityand aggression; psychosomatic complaints; andneuroses.

The symptoms can be: irritability; indecision;suppressed anger; loss of concentration; inability tocomplete one task before starting another; feelings ofparanoia; feelings of inadequacy; tearfulness atminor problems; lack of interest in people and thingsoutside work; and constant tiredness and a feelingthat sleep does no good.

Short-term symptoms can develop into much moreserious long-term ill-health conditions. Stress canplay a role in:

� heart and circulation – hypertension (high bloodpressure); coronary thrombosis (heart attack); heartdisease; strokes

� digestion – peptic ulcers; colitis (inflammation ofthe bowels); vomiting; diarrhoea

� immune system – lowered resistance to infections;chronic asthma; chronic dermatitis; possibleincreased risk of cancer

� mental health – depression; chronic anxiety;mental breakdown; suicide; social isolation

Stress is also linked with health-damaging habits, suchas smoking, over-consumption of alcohol and escapisteating, all of which are associated with other diseases.

The causes of work-related stressSometimes the causes of work-related stress and itseffects are immediately obvious, but often it can bemore difficult to identify them. Trade unions startfrom the position that employers can create stressfulconditions in the workplace which adversely affectworkers. Some employers are defensive and claimthat stress at work is explained by workers bringingexternal stress factors into the workplace, and thatthese are either the cause of, or make a significantcontribution to, the stress they experience. Theyargue that workplace stress is not the employer’sresponsibility alone. While external factors canclearly be a contributory factor, in this chapter weare only concerned with factors experienced at workthat can lead to the development of stress-relatedsymptoms and subsequent illness – regardless ofexternal factors.

Another complicating factor is that individuals often

react differently to similar stimuli, so something that hasa serious effect on one worker can more easily be coped-with or dismissed by another. Some employers arguethat, because we all react differently, it isn’t possibleto deal effectively with stress caused by work, or toconduct meaningful assessments to identify causesand problems. Some academics even believe thatthere are particular characteristic traits that meansome people are naturally ‘bullies’, while others arenatural ‘victims’. These kinds of explanation canlead many employers, and even some unionrepresentatives, to treat stress as an individual orcase-work problem, rather than a collective issuethat affects the whole workforce. This should not bethe case: safety representatives need to be able toidentify exactly what it is in the way work isorganised or managed that creates stressfulconditions and damages members.

Because of the prevalence of stress-related illness andabsence the HSE undertook a consultation in 1999 tofind out what options for dealing with stress werepreferred by workers and employers. That consultationresulted in a majority view from both unions andemployers for some effective regulation of stress, withat least an Approved Code of Practice. The HSEresponded by deciding to develop managementstandards for work-related stress that would helpemployers conduct effective risk assessments, and set-up appropriate structures to deal with the issuesidentified. These management standards cover six keyareas of work design that, if not properly managed, areassociated with poor health and wellbeing, lowerproductivity and increased sickness absence. In otherwords, they cover the primary sources of stress atwork. They represent a set of conditions that, ifpresent, reflect a high level of health, wellbeing andorganisational performance. The standards came intoeffect in 2004. More information can be found atwww.hse.gov.uk/stress/standards/index.htm

Stress reactions can be caused by a single factor – asin the case of bullying, for example – but they areoften the result of a combination of factors. Thismeans it is important for safety representatives tounderstand each of the six factors and be able toidentify them in the workplace, as this can influencethe degree of stress an individual experiences. Specificfactors identified under the six main headings willcontribute to the development of stress-relatedsymptoms in many workers. The six areas are:

� Demands – this includes issues such as workload,work patterns and the work environment

� Control – how much say the person has in the waythey do their work

� Support – this includes the encouragement,sponsorship and resources provided by the organisation,line management and colleagues

� Relationships – this includes promoting positiveworking to avoid conflict and dealing with unacceptablebehaviour



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� Role – whether people understand their role withinthe organisation and whether the organisation ensuresthey do not have conflicting roles

� Change – how organisational change (large or small)is managed and communicated in the organisation.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere is no specific law dealing with stress.However, there are a number of laws that apply. Seethe following chapters of this book:


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.

Generally, the employer has a duty to ensure thehealth, safety and welfare of employees, and thisincludes mental as well as physical health

� Disability Discrimination Act – Chapter 24

� Working Time Regulations – Chapter 44

� Civil law, which places a duty of care uponemployers to their employees – Chapter 52

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13 and below

The risk assessment duty in the Management ofHealth and Safety at Work Regulations is thestarting point for the regulation of work-relatedstress. The duty in these Regulations is outlined inthe box below, and the HSE Stress ManagementStandards toolkit is the recommended way toconduct such risk assessments.


The main causes of stress must then be treated inthe same way as any other workplace hazard.Employers should conduct a risk assessment forwork-related stress, by identifying the hazard,evaluating the risk, and implementing protectiveand preventive measures to comply with the law.Provisions in the 1999 Regulations that areimportant for tackling stress include:

Regulation 3: Risk assessment

� Making suitable and sufficient assessment of risks

� Identifying measures needed to comply with legalrequirements


� Recording the assessment where there are five ormore employees


� avoiding risks



� adapting the work to the individual, especially asregards the design of workplaces, the choice ofwork equipment and the choice of working andproduction methods, with a view, in particular, toalleviating monotonous work and work at apredetermined work-rate and to reducing theireffect on health


� replacing the dangerous by the non-dangerous orthe less dangerous

� developing a coherent overall prevention policywhich covers technology, organisation of work,working conditions, social relationships and theinfluence of factors relating to the workingenvironment

� giving collective protective measures priority overindividual protective measures

� giving appropriate instructions to employees

Regulation 5: Health and safety arrangementsMaking arrangements for the effective planning,organisation, control, monitoring and review of thepreventive and protective measures.

Regulation 6: Health surveillanceEnsuring that employees are provided with healthsurveillance having regard to the risks to theirhealth and safety which are identified by theassessment.

Paragraph 18 (f): Approved Code of Practice The risk assessment should take account of theway in which work is organised, and the effectsthis can have upon health.

Paragraph 80: Approved Code of Practice When allocating work to employees, employersshould ensure that the demands of the job do notexceed the employees’ ability to carry out the workwithout risks to themselves or others.



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HSE management standards for work-related stressThe Management Standards define thecharacteristics, or culture, of an organisation wherethe risks from work-related stress are beingeffectively managed and controlled.

The standards link directly to the risk assessmentprocess as required under the Management of Healthand Safety at Work Regulations, and the HSE hasdeveloped a toolkit to help employers take effective

action to address the problems. The standardsrecognise that stress is a collective or culturalproblem, and that the resolution lies in identifyingthe causes and applying control measures to removethose factors causing the problem, which in turnenables the employer to meet the duties on them inrespect of workers’ health.

The six aspects of work that the HSE standardsidentify are listed in the box below.

1. Demands The standard is that:

� employees indicate that they are able to copewith the demands of their jobs

� systems are in place locally to respond to anyindividual concerns

What should be happening/states to be achieved:

� the organisation provides employees withadequate and achievable demands in relation to theagreed hours of work

� people’s skills and abilities are matched to thejob demands

� jobs are designed to be within the capabilities ofemployees

� employees’ concerns about their workenvironment are addressed

2. ControlThe standard is that:

� employees indicate that they are able to have asay about the way they do their work



� where possible, employees have control overtheir pace of work

� employees are encouraged to use their skills andinitiative to do their work

� where possible, employees are encouraged todevelop new skills to help them undertake new andchallenging pieces of work

� the organisation encourages employees todevelop their skills� employees have a say over when breaks can betaken

� employees are consulted over their workpatterns

3. SupportThe standard is that:

� employees indicate that they receive adequateinformation and support from their colleagues andsuperiors



� the organisation has policies and proceduresadequately to support employees

� systems are in place to enable and encouragemanagers to support their staff

� systems are in place to enable and encourageemployees to support their colleagues

� employees know what support is available andhow and when to access it

� employees know how to access the requiredresources to do their job

� employees receive regular and constructivefeedback

4. RelationshipsThe standard is that:

� employees indicate that they are not subjectedto unacceptable behaviours, e.g. bullying at work



� the organisation promotes positive behavioursat work to avoid conflict and ensure fairness

� employees share information relevant to theirwork

� the organisation has agreed policies andprocedures to prevent or resolve unacceptablebehaviour

� systems are in place to enable and encouragemanagers to deal with unacceptable behaviour

� systems are in place to enable and encourageemployees to report unacceptable behaviour



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5. RoleThe standard is that:

� employees indicate that they understand theirrole and responsibilities



� the organisation ensures that, as far as possible,the different requirements it places upon employeesare compatible

� the organisation provides information to enableemployees to understand their role andresponsibilities

� the organisation ensures that, as far as possible,the requirements it places upon employees are clear

� systems are in place to enable employees toraise concerns about any uncertainties or conflictsthey have in their role and responsibilities

6. ChangeThe standard is that:

� employees indicate that the organisationengages them frequently when undergoing anorganisational change



� the organisation provides employees with timelyinformation to enable them to understand thereasons for proposed changes

� the organisation ensures adequate employeeconsultation on changes and providesopportunities for employees to influence proposals

� employees are aware of the probable impact ofany changes to their jobs. If necessary, employeesare given training to support any changes in theirjobs

� employees are aware of timetables for changes

� employees have access to relevant supportduring changes

Organisations representing workers and employersin the EU (The European Social Partners) produceda report in December 2008 on the success of theframework agreement on work-related stress inraising awareness of the problem, and the progressmade towards procedures to recognise, prevent andmanage work-related stress. The report says that theagreement, signed in October 2004, has beeninstrumental in promoting awareness, particularly insome of the newer EU nations, and increasing themomentum towards action.

In the UK the HSE’s report on PsychosocialWorking Conditions in Britain in 2008(www.hse.gov.uk/statistics/pdf/pwc2008.pdf) concludesthat the results of the surveys between 2004 and2008 have not changed significantly. A discernableimprovement in the 2007 survey was not carriedforward into 2008. It states: “The predictedimprovement in working conditions as a result ofthe roll-out of the HSE’s management standards onwork-related stress has not materialised as yet, andthe number of workers reporting that their job ishighly stressful is no longer decreasing.” It goes onto say that: “The lack of impact to date of theManagement Standards could reflect the longlatency between organisations first implementing theprocess and benefits being realised. Equally, with somany other economic and social factors affectingworker perceptions of their working conditions, anyeffect may be masked.”

The TUC and trade unions continue to beconcerned that the HSE has taken almost noenforcement action over work-related stress, relyinginstead on persuading and encouraging employers to

better manage it. Apart from one improvementnotice issued towards the end of 2003 against anNHS trust in the south-west of England, the mosthigh-profile HSE action over stress has been anextended project that began in September 2006, infive sectors where related absence was high:education, local and central public services, healthservices and financial services.

This project focused on advising and encouragingemployers. It provided a comprehensive programmeof one-day, free-of-charge workshops aimed atsenior managers. The workshops provided trainingon the management of work-related stress, focusingon the risk assessment process using themanagement standards and toolkit. Participantswere expected to go back to their workplaces andset the process in motion; meanwhile HSEinspectors would visit and help employers reviewwhat they had done, help to overcome problemsand generally give advice on making the processsuccessful. A follow-up programme of ‘masterclasses’ on specific topics was arranged for later in2007. No report of this project is available, butanecdotal evidence suggests that the results are lessthan could have been expected. In the tertiaryeducation sector, for example, trade union safetyrepresentatives in colleges and universities havereported little change.

Using the HSE Stress ToolkitThe HSE toolkit helps employers undertake the riskassessment process. The toolkit can be downloadedfrom www.hse.gov.uk/stress/standards/downloads.htm Itemphasises the need for senior management


commitment to identify, ameliorate and control risks,and argues for effective partnerships with employees,their representative organisations, and safetyrepresentatives.

The main part of the kit is a questionnaire foremployees, linked to an analysis tool (a computerspreadsheet) into which the results of thequestionnaire can be input. This then calculates theresponses, and indicates the scale of any problemsthe survey has identified. The results are presented in‘traffic-light’ format, so that green indicates asatisfactory state, amber a marginal or potentialproblem, and red ‘actual problems’ that need to betackled immediately.

The HSE recommends that the employerestablishes a steering group to monitor and overseethe process. The group should also consider theresults and recommend appropriate responses tocontrol the problems, and to play an active part intackling the problems. The steering group shouldinclude adequate trade union representation.

It also recommends that the employer establishfocus groups to facilitate employee participation inthe process. This will demonstrate the employer’scommitment to a participative process in managingthe risk and give staff an opportunity to express theirviews and feed in information and reactions to theprocess to enable it to be refined and developed.

The role of union safety representatives isemphasised at all stages in the process: during theassessments; in steering and focus groups; and indetermining effective controls.

The HSE toolkit gives comprehensive advice ondeveloping a stress policy, which strongly emphasisesthe role of safety representatives in developing stressmanagement initiatives.

Stress Management competency indicator toolFollowing on from research commissioned by theHSE, this additional tool was introduced into thetoolkit early in 2009.

Line managers play a vital role in the identificationand management of stress within an organisation.They are likely to witness problems caused by stressfirst hand, and will be in the best position to noticechanges in staff behaviour that may indicate a stress-related problem. They are also the first point ofcontact when an individual feels stressed.

It is essential that line managers are equipped withthe correct skills and behaviour to be able to managethese situations. The HSE worked with theChartered Institute of Personnel and Development(CIPD) and Investors in People to design this tool toallow managers to self-assess whether they currentlyhave the behaviour identified as effective forpreventing and reducing stress at work. Its aim is tohelp managers reflect on their behaviour andmanagement style. Safety representatives could alsouse the questionnaire to assess line managercompetence as part of an inspection or monitoring

process. www.hse.gov.uk/stress/mcit.pdfThe HSE Stress microsite was updated in March

2009. It contains the toolkit, access to free leaflets,case studies and other information and resources.www.hse.gov.uk/stress/index.htm

WHAT CAN SAFETY REPRESENTATIVESDO?Safety representatives need to intervene at theprimary level. They should act to address the causesof stress and so prevent workers developing stress-related symptoms and illness which in turn may leadto absence, and in the worst cases, nervousbreakdown, mental illness and even suicide. Seewww.hazards.org/suicide/cryingshame.htm

To do so the safety representative should ensure that:

� the employer has an effective stress control policyin place

� the implementation of the policy and itseffectiveness is monitored

� the employer is using the management standardsand toolkit correctly

� suitable and sufficient risk assessments areconducted, taking stress into account as a hazard

� real control measures are in place to eliminatefactors that cause stress

� safety representatives are fully involved in dealingwith stress-related issues

� any partnership in the stress management projectis a true partnership, and

� the safety committee monitors and checks thatany problems are under control.

Monitor the workplaceSafety representatives need to keep in regular contactwith their members and check that stress problems areunder control. Ensure that there are suitable proceduresfor members to report problems, and that any problemscan be tackled by representatives without exposing themembers concerned to risk of victimisation.

Safety representatives can survey their membersusing the TUC Stress MOT to identify whichstressors are the biggest problem (seewww.tuc.org.uk/stressmot). This will help to identify theareas of the workplace and the stressors which mostneed risk assessments.

Safety representatives can also use mappingtechniques to identify problems. (See the Hazardsworkers’ guide to body mapping, risk mapping andinteractive hazards detective www.hazards.org/tools/).



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HAZARDS AT WORK 229

Checklist

Inspecting for stress

This list is taken from Tackling Stress at Work: a TUC Guidefor Safety Reps

Physical environment

� High standards of health and safety achieved, maintainedand monitored

� A human environment rather than a production process

� Layout which is relevant to the type of work undertaken

� Spacious, well lit and ventilated

� Offers thermal comfort

� Noise levels controlled

Equipment

� Suitable for the job, the user and the environment

� Planned, frequent maintenance

� Work benches, machinery, desks, etc. ergonomicallycorrect

Job content

� Provide opportunities for learning

� Lead to future goals desired by the job holder

� Enable workers to contribute to decisions affecting theirjobs and the goals of the organisation

� Ensure that the goals and other people’s expectations areclear

� Provide a degree of challenge

� Provide training and information adequate forperformance

� Develop individual tasks which combine to form acoherent job, either alone or with related jobs whoseperformance makes a significant and visible contribution;provide a variety of pace, method, location and skill;provide feedback on performance in a number ofdimensions both directly and through others; carryresponsibility for outcomes and particularly control of work

Management style and structure

� Acknowledge the value of human contribution to theorganisation

� Clear, well communicated objectives

� Consistent approach, flexible enough to allow individualsa degree of control in their jobs

� A proper balance between responsibilities and authorityto carry out those responsibilities

Training arrangements

� To fill any gaps in individuals’ skills, knowledge andexperience

� To extend individuals’ skills and knowledge

� To meet changes made in tasks, equipment and workpractices

� To meet specific aspects of the job

The management of change

� Discussions of implications with unions

� Information made freely available to unions andemployees

� Training provided for new roles

� Allowing time to adjust

Working time

� Analysis of shift working and unsocial hours

� Flexibility

� Rest breaks

� Holidays – the amount, pay levels and the choice whenthey can be taken

Service conditions

� Payment systems and wage levels which are seen to befair and reflect the contribution of workers to theorganisation

� Procedures for dealing with grievances, complaints, anddiscipline which are seen to be fair

Support systems

� Nursery facilities

� Transport for those working unsocial hours

� Special provisions to meet special needssuch as maternity, bereavement and specialleave

� Flexible working hours and hours to meet some people’stemporary needs

� Advice and support for stressed people

� Confidential counselling



HAZARDS AT WORK

Stress policySafety representatives can negotiate a work-relatedstress prevention policy with their employer, preferablyas part of the overall health and safety policy. Aneffective policy on work-related stress should:

� recognise that stress is a health and safety issue

� recognise that stress is about the organisation ofwork

� be jointly developed and agreed with unions

� have commitment from the very top

� guarantee a blame-free approach

� apply to everyone

The objectives of a work-related stress policy shouldbe to:

� prevent stress by identifying the causes ofworkplace stress and eliminating them

� recognise and deal with stress-related problemsthrough consultation, participation and co-operativeworking

� ensure that managers, supervisors and employees aretrained to deal with and prevent work-related stress

� rehabilitate employees suffering stress throughthe provision of independent confidential counselling

The policy should contain agreed arrangements forjoint monitoring and review to assess itseffectiveness. An example of a stress policy can befound on the HSE website atwww.hse.gov.uk/stress/standards/pdfs/examplepolicy.pdf.

Coping with stressTrade unions should ensure that members sufferingfrom stress are represented and cared for. Individualgrievances must be dealt with effectively and specialarrangements negotiated to protect their needs.

Some employers have:

� introduced Employee Assistance Programmes orcounselling services. These can be useful but only asa part of an effective work-related stress preventionpolicy

� tried to reduce the effects of stress by lifestylecampaigns, promoting healthy eating and fitness.These campaigns can help workers relieve theimmediate strains caused by stress, but they cannever remove the source of stress

� � �


European Agency for Safety and Health at Work� Factsheet 31: Practical Advice for Workers onTackling Work-Related Stresshttp://osha.europa.eu/en/publications/factsheets/31

European Trade Union Institute for Research, Educationand Health and Safety (see Section 6.4 for contactdetails)� Stress at Work – special edition of TUTBnewsletter September 2002 Issue No.19–20http://hesa.etui-rehs.org/uk/newsletter/files/Newsletter-20.pdf

Hazards magazine factsheets (see Section 6.2 forcontact details)� No 92: A Job to Die For� No 83: Drop Dead – Overwork� No 78: Get a Life! Work–life Balance� No 77: Drugs and Alcohol Policies� No 70: Bullying at Work� No 69: Not What We Bargained For: ChangingWorkplaces� No 65: Sickness Absence Policies� No 59: DDA and Work-related Ill Health� No 49: Overwork: Fatigue, Long Hours andPressure


Hazards magazine website Excellent news and resources on the HazardsWorked to Death web resource page atwww.hazards.org/workedtodeath/ and Get a Life webresource page at www.hazards.org/getalife/ Also ‘Crying shame: Stress-related suicides’ fromHazardswww.hazards.org/suicide/cryingshame.htm

HSE priced and free publications on work-related stress� For all the latest documents containing generalstandards and guidance on stress, go to the HSE webpage: www.hse.gov.uk/stress/information.htm � Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE work-related stress websiteThe HSE has a specific web page which drawstogether HSE information on work-related stress inone place at www.hse.gov.uk/stress/index.htm� HSE stress management standardswww.hse.gov.uk/stress/standards/index.htm� HSE Stress toolkit www.hse.gov.uk/stress/standards/downloads.htm

230



HAZARDS AT WORK

� HSE model stress policy www.hse.gov.uk/stress/pdfs/examplepolicy.pdf

International Labour Organisation (see Section 6.4 forcontact details)� Resources on stresswww.ilo.org/public/english/protection/safework/stress/index.htm

Labour Research Department (see Section 6.2 forcontact details)� Tackling Bullying and Harassment £4.95� Stress at Work £4.70

TUC (see Section 6.1 for contact details)� The TUC stress web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=37� The TUC Stress MOT www.tuc.org.uk/h_and_s/tuc-5581-f0.cfm� TUC Guide to the Stress Management Standardswww.tuc.org.uk/h_and_s/tuc-10147-f0.cfm� Tackling stress at work: A TUC guide for safetyreps TUC Publications £2.50www.tuc.org.uk/publications/index.cfm � Keeping well at work. A TUC guide (2nd edition)TUC Publications £9.99www.tuc.org.uk/publications/index.cfm


Trade union information� Many unions provide guidance on stress. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on stress. Forexample, the NUT has produced a document ontackling stress atwww.data.teachers.org.uk/resources/pdf/tackling_stress.pdfUCU stress toolkitwww.ucu.org.uk/index.cfm?articleid=2562

The UK National Work-Stress Network� News, networking and resources atwww.workstress.net

231


SECTION 4 CHAPTER 40 – TRANSPORT AND WORK-RELATED ROAD SAFETY

HAZARDS AT WORK232

BASIC FACTS ABOUT TRANSPORT ANDWORK-RELATED ROAD SAFETYAccording to the Department for Transport websiteat www.dft.gov.uk/drivingforwork/content/main.asp?pid=14

� About a quarter of all vehicle miles travelledannually on Britain’s roads are for work purposes(excluding commuting).

� There are an estimated three million companycars on the roads and roughly one in three will beinvolved in an accident each year.

� Company drivers who drive more than 80 percent of their annual mileage on work relatedjourneys have more than 50 per cent more injuryaccidents than similar drivers who do no workrelated mileage.

� The annual risk of dying in a road accident whiledriving for business reasons is significantly greaterthan the risk of dying as a result of all otherworkplace accidents.

� Every week around 200 incidents on the roadthat cause injury or death involve someone at work.

� About 300 people are killed each year as a resultof drivers falling asleep at the wheel. About four inten tiredness-related crashes involve someone drivinga commercial vehicle.

� Work-related road accidents are the biggest causeof work-related accidental death. Between 800 and1,000 people are killed annually in work-relatedroad traffic accidents compared to approximately250 fatalities due to accidents notified annuallyunder the Reporting of Injuries, Diseases andDangerous Occurrences Regulations (RIDDOR).

� Business drivers have collision rates that are30–40 per cent higher than those of privatedrivers.

Many of the drivers at work are not professionaldrivers, but people who need to drive betweendifferent locations to do their work – workers likereservoir water samplers working for a utilitycompany; fire prevention officers; communitynurses, home care workers and social workers;gas-meter readers; commercial sales representatives;college lecturers; and maintenance workers.Employers may not give the driving element oftheir work as high a priority as they would aprofessional driver when it comes to risk

assessments, training and other precautionarymeasures.

Other workers are also exposed to risk on theroads – even though they are not in vehicles. This listwould include road repairers, street lightingmaintenance workers, bin collectors, Royal Maildelivery workers, police officers and so on. Roadrisk potentials need to be taken into account forthese workers too.

For professional transport drivers, a commoncause of injury is falling from the vehicle. The HSEsays that in 2004/05, the human and economic costof ‘fall-from-vehicle’ incidents was more than£36.5m. Incidents often result in serious injuries thatkeep skilled people away from work for manyweeks. As a consequence agency workers may haveto be employed to fill in and deliveries may bedelayed. More than 75 per cent of major fall-from-vehicle incidents occur during loading andunloading. Fall prevention must be an integral partof planning, loading and unloading. The HSE hasspecific vehicle factsheets available atwww.hse.gov.uk/fallsfromvehicles/infosheets.htm

Pressure on workers who drive as part of theirworkThe TUC is concerned that employers areincreasingly relying on workers to drive as part oftheir work. The TUC believes that this trend,combined with long hours, understaffing, ‘just-in-time’ management, unrealistic work-scheduling,tough work targets and so on, is leading workers tofeel pressurised to drive faster for their work. Work can often mean having to do too much tooquickly, with impossible deadlines to meet. Whenworkers’ jobs involve driving this may mean thatthey are expected to drive too fast. Speed kills peopledriving for a living, as well as having devastatingeffects on others that use the roads.

Other factors relevant to deaths and injuriesOther factors that are relevant to deaths and injurieswhen driving ‘at-work’ include:

� fatigue, long hours and a lack of breaks whendriving. A 2002 study in the British Medical Journal(BMJ) found that driving while feeling sleepy anddriving after five hours or less of sleep are bothassociated with a substantial increase in the risk of acar crash resulting in serious injury or death.Researchers reported an eight-fold increased risk ifdrivers reported sleepiness, and almost a threefold

Transport andwork-related road safety40



HAZARDS AT WORK 233

risk for drivers who reported five hours or less ofsleep in the previous 24 hours

� dual roles, where a worker has to drive to theplace where she or he performs their work, and thenare faced with a long drive back home afterwards.For example, a community nurse or a floor fitter

� the hours of the day or night when workers arerequired to drive. The BMJ study in 2002 reported afive-fold increase in the risk of a car crash resultingin serious injury or death, when driving between2am and 5am

� driving home after a long driving shift has beencompleted

� poor training for the ‘at-work’ driving that isrequired by the employer

� low pay in the transport sector causing extremelylong hours to be worked by drivers, especially lorrydrivers, with 60 hours a week normal and 80 hoursnot uncommon. Incentive bonus schemes are oftenbased on the number of miles driven or on thenumber of trips

� equipment or goods that can move around avehicle that is not suited to carry them

� carrying members of the public or others in an‘at-work’ vehicle, with hazards such as violence or

behaviour that distracts the ‘at-work’ driver

� the use of hand-held and hands-free mobilephones. Many workers are placed under pressureto respond to calls when they are driving. Researchquoted by the Department for Transport in 2002concluded that the use of mobile phones in vehiclesis associated with a quadrupling of the risk of acollision during the brief period of a call

� poor conditions and unsuitability of employers’vehicles

� inadequate breakdown arrangements

A motor vehicle is a piece of work equipmentA motor vehicle is a powerful and dangerous pieceof work equipment. If it was machinery brought intoan office, you would expect the employer toundertake:

� a rigorous selection procedure – is it right for thejob?

� extensive on and off the job training for staff

� regular equipment checks

� feedback on performance

� regular audits

� skills updates


Employers should conduct a risk assessment forwork-related driving activities following the sameprinciples as those for other work activities.Provisions in the 1999 Regulations that areimportant for tackling work-related road safetyinclude:







� avoiding risks












HAZARDS AT WORK234

The TUC believes that employers should regardvehicles used for work in the same way as any otherpiece of work equipment.

The management of work-related road safetyMany employers do not see road safety as a health andsafety issue. Their main concerns relate to tax,insurance, MOT certificates, and that the driver has theappropriate driving licence. Attitudes like this can leadto higher death and injury rates. The TUC believes thatwork-related road safety must be a higher priority foremployers and be integrated into employers’arrangements for managing health and safety at work.Employers need to control work-related road risks andby doing so could save hundreds of lives every year.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLEmployers have duties under road traffic law, forexample, the Road Traffic Act and Road Vehicle(Construction and Use) Regulations, which areadministered by the police and other agencies such as theVehicle and Operator Services Agency. It is beyond thescope of this chapter to examine these wider standards.This chapter concentrates on health and safety standards.

There is no specific health and safety legislationcovering employer duties on work-related roadsafety. However, a number of laws are relevant andprovide the basis of a health and safety approach towork-related road activities. See the followingchapters of this book:



� Management of Health and Safety at WorkRegulations 1999 – Chapter 13 and box on previouspage

� Working Time Regulations 1998, Working Time(Amendment) Regulations 2003 and Road TransportWorking Time Regulations 2005 – Chapter 44


From 2005, there has been a requirement on thepolice to record whether a journey was ‘as part ofwork’ following any road traffic accidents.

The HSE has published guidance on work-related roadsafety called Driving at Work – Managing Work-RelatedRoad Safety (INDG382) available atwww.hse.gov.uk/pubns/indg382.pdf. The HSE states thatwork-related road safety can only be effectively managed

if it is integrated into the employer’s arrangements formanaging health and safety at work. Employers shouldlook at their health and safety systems and considerwhether they adequately cover this area of work. Themain areas that should be addressed are policy,responsibility, organisation, systems and monitoring.

Recently, the Department for Transport inconjunction with the Transport Research Laboratory(TRL), has developed resources to help employers tomanage driving for work. The Department forTransport Driving for Work (DfW) website atwww.dft.gov.uk/drivingforwork/default.asp?pid=1 states that:

� Managing a DfW policy can only be effectivelyhandled if it is integrated into arrangements formanaging health and safety at work.

� Health and safety systems should be looked atand scrutinised to see whether they adequately coverthis area of work.

� The main areas that need to be addressed are policy,responsibility, organisation, systems and monitoring.

Detailed guidance is given atwww.dft.gov.uk/drivingforwork/content/overview.asp?pid=3on the following:

� overall policy statement

� risk assessment

� minimizing risk through control measures

� rules and procedures – the driver; the journey; thevehicle; management

� data recording

� audit, communication and review

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle problems with work-related transport.

Membership awarenessUse posters and leaflets to bring up the issue withmembers, and take the opportunity of discussingsafety on the road with them to see if they think thatthere are any problems. Safety representatives shouldreport their concerns and those of their members tomanagement in writing. Use Chapter 7 above forideas on how you can make sure that managementgets things done.

Surveys and inspectionsSafety representatives could conduct a survey to findout whether health and safety matters on the roadare a problem. Safety representatives can use theirroutine inspections or undertake special inspectionsusing the checklist on pages 236–8.



HAZARDS AT WORK 235

Risk assessmentSafety representatives should ask their employers fora copy of risk assessments relating to work-relatedroad safety that should have been carried out. Riskassessments should be conducted under theManagement of Health and Safety at WorkRegulations 1999, and safety representatives shouldbe consulted. Ask your employer for risk assessments

REGULATIONS ON HAND-HELD MOBILE PHONEUSE

The latest legal situation regarding mobilephones is summarised by the Department forTransport Think Road Safety website. Some ofthe advice includes the following.

It is illegal to drive a vehicle or ride a motorbikeand use a hand-held mobile phone or similardevice. It is also illegal to supervise a learner anduse a hand-held phone. Hands-free phones arealso a distraction and you risk prosecution fornot having proper control of a vehicle if thepolice see you driving while using one.

� A hand-held device is something that “is ormust be held at some point during the course ofmaking or receiving a call or performing anyother interactive communication function”.

� A device “similar” to a mobile phone includesa device that can be used for sending orreceiving spoken or written messages, sending orreceiving still or moving images or providinginternet access.

If you accept a roadside fixed penalty notice,you will receive three points on your licence anda fine of £60. If a case goes to court, in additionto points, you could face discretionarydisqualification on top of a maximum fine of£1,000 (or £2,500 in the case of drivers ofbuses/coaches and goods vehicles).

The requirement for an employer to assess risksapplies to employees driving at work. Employerstherefore need to consider the risks associatedwith using a phone while driving. They shouldnot ask their staff to make or receive calls whiledriving. Employers could be liable toprosecution if they require or allow employeesto use a mobile phone while driving for work.Remember that all phones affect concentration.Using one could put employees driving at work,and others, at risk.

For full details of all the Department forTransport guidance on mobile phone use go towww.thinkroadsafety.gov.uk/advice/mobilephones.htm

on work-related road safety to be undertaken if theyhave not already done so. After an accident checkthat risk assessments are revised in consultation withsafety representatives.

In the TUC guide for safety reps Work-RelatedRoad Safety (see www.tuc.org.uk/extras/roadsafety.pdf)advice is given to start the risk assessment with anaudit:

� what types of vehicle does your company use?

� what types of journey are they?

� why is the journey being made and is it necessary?

� is the right vehicle being used?

� are vehicle accident records kept?

Work-related road safety policies The TUC wants employers to develop work-relatedroad safety policies in close consultation withsafety representatives. Vital elements of the policyinclude:

� a statement of the current legal position

� a commitment to consult safety representativesand workers that drive

� a commitment to carry out a thorough riskassessment and implementation of measures toremove or reduce the risks. The assessment shouldcover:

– use of alternatives to driving (such as tele-conferencing and the use of public transport) – the effects and management of fatigue,including limits on the hours spent driving– whether cabs are too hot or too cold– journey scheduling and timing of the journey– unrealistic demands upon drivers– the journey route and distance– avoidance of long working hours and long-hours driving– the time of day or night that the journey takesplace – the effects of a worker’s dual role in drivingand the work that they do once they reach theirdestination – ergonomic factors– lone working and security – not using hand-held or hands-free mobilephones while driving – proper rest breaks, comprising at least 15minutes for every two hours’ driving – driver competency, driver health, driverawareness raising and training – vehicle safety and maintenance– weather conditions– whether drivers have to work at heights and



HAZARDS AT WORK236

weather conditions impacting on this, forexample, tanker drivers – the carriage of goods

� dealing with emergencies and breakdowns

� accident and incident reporting

� responsibility for implementing the policy

� joint monitoring and review of the policy

Driving at work – managing work-related roadsafety (INDG382) The HSE guidance on work-related road safety, Drivingat Work – Managing Work-Related Road Safety(INDG382), available at www.hse.gov.uk/pubns/indg382.pdf,provides a checklist for employers to establish whetherthey are managing work-related road safety effectively.The checklist in this section reproduces the HSEGuidance and will provide the basis of questions thatsafety representatives can use for work-related roadsafety inspections.

Checklist

Driving at work

Driver competency – are you satisfied that your drivers arecompetent and capable of doing their work in a way that issafe for them and other people?

� Does the employee have relevant previous experience?

� Does the job require anything more than a currentdriving licence, valid for the type of vehicle to bedriven?

� Do your recruitment procedures include appropriate pre-appointment checks – for example, do you always takeup references?

� Do you check the validity of the driving licence onrecruitment and periodically thereafter?

� Do you specifically check the validity of any LGV/PSVdriving entitlements as part of your recruitment proceduresand periodically thereafter? Such entitlements may nothave been restored after a period of disqualification

� Are your at-work drivers aware of company policy onwork-related road safety and do they understand what isexpected of them?

� Should your policy document be supplemented withwritten instructions and guidance and/or trainingsessions or group meetings?

� Have you specified what standards of skill and expertiseare required for the circumstances of the particular job?

� How do you ensure that these standards are met?

Driver training – are you satisfied that your drivers areproperly trained?

� Do you evaluate whether those that drive at work requireadditional training to carry out their duties safely?

� Do you provide induction training for drivers?

� Do you arrange for drivers to be trained, giving priority tothose at highest risk, for example, those with high annualmileage, poor accident records or young drivers?

� Do drivers need to know how to carry out routine safetychecks such as those on lights, tyres and wheel fixings?

� Do drivers know how to correctly adjust safetyequipment, for example, seat belts and head restraints?

� Do drivers know how to use anti-lock brakes (ABS)properly?

� Do drivers know how to check washer fluid levels beforestarting a journey?

� Do drivers know how to ensure safe load distribution, forexample, when undertaking multi-drop operations?

� Do drivers know what actions to take to ensure theirown safety following the breakdown of their vehicle?

� Do you need to provide a handbook for drivers givingadvice and information on road safety?

� Are drivers aware of the dangers of fatigue?

� Do they know what they should do if they start to feelsleepy?

� Are drivers fully aware of the height of their vehicle, bothladen and empty? There are estimated to be about 3–6major bridge strikes every day

� Has money been budgeted for training? To be effectivetraining needs should be periodically assessed, includingthe requirement for refresher training

Driver fitness and health – are you satisfied that your driversare sufficiently fit and healthy to drive safely and not putthemselves or others at risk?

� Do drivers of heavy lorries, for which there are legalrequirements for medical examination, have theappropriate medical certificate?

� Although there is no legal requirement, should those at-work drivers who are most at risk also undergo regularmedicals?

� Should staff that drive at work be reminded that theymust be able to satisfy the eyesight requirements set outin the Highway Code?



HAZARDS AT WORK 237

� Have you told staff that they should not drive, orundertake other duties, while taking a course of medicinethat might impair their judgement? In cases of doubtthey should seek the view of their GP

Vehicle suitability – are you satisfied that vehicles are fit forthe purpose for which they are used?

� Do you investigate which vehicles are best for drivingand public health and safety, when purchasing new orreplacement vehicles?

� Is your fleet suitable for the job in hand? Have youthought about supplementing or replacing it, with leasedor hire vehicles?

� Do you ensure that privately owned vehicles are not usedfor work purposes unless they are insured for businessuse and, where the vehicle is more than three years old,they have a valid MOT certificate?

Vehicle condition – are you satisfied that vehicles aremaintained in a safe and fit condition?

� Do you have adequate maintenance arrangements in place?

� How do you ensure maintenance and repairs are carriedout to an acceptable standard?

� Is planned/preventive maintenance carried out inaccordance with manufacturers’ recommendations?Remember an MOT certificate only checks for basicdefects and does not guarantee the safety of a vehicle

� Do your drivers know how to carry out basic safetychecks?

� How do you ensure that vehicles do not exceedmaximum load weight?

� Can goods and equipment which are to be carried in avehicle be properly secured? For example, loose tools andsample products can distract the driver’s attention ifallowed to move about freely

� Are windscreen wipers inspected regularly and replacedas necessary?

Vehicle safety equipment – are you satisfied that safetyequipment is properly fitted and maintained?

� Is safety equipment appropriate and in good workingorder?

� Are seatbelts and head restraints fitted correctly and dothey function properly?

Vehicle safety-critical information – are you satisfied thatdrivers have access to information that will help them reducerisks?

� Have you thought of ways that information can be madereadily available to drivers? For example:

– recommended tyre pressures

– how to adjust headlamp beam to compensate forload weight

– how to adjust head restraints to compensate for theeffects of whiplash

– the action drivers should take when they considertheir vehicle is unsafe and who they should contact

Vehicle ergonomic considerations – are you satisfied thatdriver’s health, and possibly safety, is not being put at risk,for example, from inappropriate seating position or drivingposture?

� Do you take account of ergonomic considerations beforepurchasing or leasing new vehicles?

� Do you provide drivers with guidance on good postureand, where appropriate, on how to set their seat correctly?

Journey plan – do you plan routes thoroughly?

� Could you use safer routes which are more appropriatefor the type of vehicle undertaking the journey?Motorways are the safest roads and, although minorroads may be fine for cars, they are less safe and couldpresent difficulties for larger vehicles

� Does your route planning take sufficient account ofoverhead restrictions, for example, bridges and tunnelsand other hazards, such as level crossings, which maypresent dangers for long vehicles?

Journey schedule – are work schedules realistic?

� Do you take sufficient account when planning workschedules of periods when drivers are most likely to feelsleepy? Sleep-related accidents are most likely to occurbetween 2am and 6am and between 2pm and 4pm.

� Have you taken steps to stop employees from driving ifthey feel sleepy even if this might upset delivery schedules?

� Where appropriate, do you regularly check tachographsto ensure drivers are not cutting corners and puttingthemselves and others at risk?

� Do you try to avoid periods of peak traffic flow?

� Do you make sufficient allowances for new trainee drivers?

Journey time – are you satisfied that sufficient time isallowed to complete journeys safely?

� Are your schedules realistic? Do journey times takeaccount of road types and condition, and allow for restbreaks? Would you expect a non-vocational driver todrive and work for longer than a professional driver? TheHighway Code recommends that drivers should take a15-minute break every 2 hours. Professional drivers mustof course comply with drivers’ hours rules



HAZARDS AT WORK238

� Does company policy put drivers under pressure andencourage them to take unnecessary risks, for example,to exceed safe speeds because of agreed arrival times?

� Can drivers make an overnight stay, rather than having tocomplete a long road journey at the end of the workingday?

� Have you considered advising staff who workirregular hours of the dangers of driving home fromwork when they are excessively tired? In suchcircumstances they may wish to consider an alternative,such as a taxi.

Journey distance – are you satisfied that drivers will not beput at risk from fatigue caused by driving excessive distanceswithout appropriate breaks?

� Can you eliminate long road journeys or reducethem by combining with other methods of transport?For example, it may be possible to move goods in bulkby train and then arrange for local distribution by vanor lorry

� Do you plan journeys so that they are not so long as tocontribute to fatigue?

� What criteria do you use to ensure that employees arenot being asked to work an exceptionally long day?Remember that sometimes people will be starting ajourney from home

Journey weather conditions – are you satisfied that sufficientconsideration is given to adverse weather conditions, such assnow or high winds, when planning journeys?

� Can your journey times and routes be rescheduled totake account of adverse weather conditions?

� Where this is possible is it done?

� Are you satisfied that vehicles are properly equipped tooperate in poor weather conditions, for example, areanti-lock brakes fitted?

� Are you content that drivers understand the action theyshould take to reduce risk – for example, do drivers ofhigh-sided vehicles know that they should take extra careif driving in strong winds with a light load?

� Are you satisfied that drivers do not feel pressurised tocomplete journeys where weather conditions areexceptionally difficult?


BrakeA road safety charity that campaigns for safer roadsand driving, and produces information and resourcesto promote road safety. It also publishes ManagingRoad Risk: An Introductory Guide for Employers,Price £15.00. Telephone 01484 559909, [email protected] or www.brake.org.uk

British Medical Journal� “Driver Sleepiness and Risk of Serious Injury toCar Occupants: Population-Based Case ControlStudy”, Jennie Connor and others, BMJ, Vol. 324,2002, pp. 1125–8

Department for Business, Enterprise and RegulatoryReform� Guidance on the law relating to working hourswww.dti.gov.uk/employment/employment-legislation/working-time-regs/index.html� Your guide to the working time regulations www.dti.gov.uk/employment/employment-legislation/employment-guidance/page28978.html

Department for Transport� The DfT Driving for Work (DfW) website atwww.dft.gov.uk/drivingforwork/default.asp?pid=1 � Guidance on the use of mobile phones is alsoprovided on the DfI Think Road Safety website at

www.dft.gov.uk/think/focusareas/invehiclesafety/mobilephones?page=Overview

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 83: Drop Dead – Overwork� No. 78: Get a Life! Work–Life Balance� No. 72: Lone Working� No. 49: Overwork: Fatigue, Long Hours andPressure� No. 36: Driving Hazards


Hazards magazine website Excellent news and resources on the web resourcepage at www.hazards.org

HSE priced and free publications on work-related roadsafety� For all the latest documents containing generalstandards and guidance on work-related road safety,go to the HSE web page:www.hse.gov.uk/roadsafety/information.htm� Driving at Work – Managing Work-Related RoadSafety (INDG382) www.hse.gov.uk/pubns/indg382.pdf� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165



HAZARDS AT WORK 239

HSE work-related road safety websiteThe HSE has a specific web page which drawstogether HSE information on work-related roadsafety in one place atwww.hse.gov.uk/roadsafety/index.htm

London Hazards Centre (see Section 6.2 for contactdetails)� Dangerous Drivingwww.lhc.org.uk/members/pubs/newslet/77dh03.htm� Work-Related Road Safetywww.lhc.org.uk/members/pubs/factsht/74fact.pdf

Loughborough UniversityLatest research on driver sleepinesswww.lboro.ac.uk/departments/hu/groups/sleep/

Occupational Road Safety AllianceNews and resources at www.orsa.org.uk/home.htm

Royal Society for the Prevention of Accidents (ROSPA)(see Section 6.5 for contact details)ROSPA has numerous free road safety resources atwww.rospa.com/roadsafety/index.htm

TUC (see Section 6.1 for contact details)� News and resources on the TUC health and safetyweb page at www.tuc.org.uk/h_and_s/index.cfm� Work-Related Road Safety – a Guidance Leafletfor Safety Representativeswww.tuc.org.uk/extras/roadsafety.pdf� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on work-relatedroad transport. The website addresses of all tradeunions are on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on work-related road safety. For example, Prospect produces a‘safe driving fact card’ at www.prospect.org.uk


SECTION 4 CHAPTER 41 – VIOLENCE

HAZARDS AT WORK240

BASIC FACTS ABOUT VIOLENCEThe TUC uses the HSE’s definition of violence,which is: “Any incident in which an employee isabused, threatened or assaulted in circumstancesrelating to their work.” This means verbal abuse orthreats count just as much as physical attacks.

A TUC report, Violent Times, suggests that one infive workers is likely to be attacked or verballyabused each year. It reveals that one in three nurseshas been violently attacked or abused at work,closely followed by security workers (one in four)and employees in care homes (one in five). Thereport also shows that younger women are mostlikely to be assaulted in the workplace.

Every week people are abused, threatened and beatenup simply because people they have to deal with as partof their job turn violent. Many receive major or minorinjuries, but the psychological effects – stress,depression, even fear of work – can be even worse.

The HSE says that trends in violence at work aredifficult to interpret, with survey estimates tending tofluctuate from year to year. However, recent figureshave been fairly stable. The HSE violence microsite,www.hse.gov.uk/statistics/causdis/violence/index.htm, reportsthat:

� Estimates from the 2006/07 British Crime Survey(BCS) indicated that there were approximately397,000 threats of violence and 288,000 physicalassaults by members of the public on British workersduring the 12 months prior to the interviews.

� There were 6,404 RIDDOR-reported injuriescaused by violence at work during the financial year2006/07. These comprised four fatal injuries, 932major injuries and 5,468 non-major injuries thatresulted in absence from work for at least three days.This compares to 6,624 RIDDOR-reported injuriescaused by violence in 2005/06.

� The HSE’s Fit3 employee survey estimated that 33per cent of victims of workplace violence or abusedo not report the incident. The most commonreasons given for non-reporting included dealingwith the matter themselves and feeling violence wastoo trivial to mention. 14 per cent believedmanagement would not have done anything about it.23 per cent said they knew of no mechanisms inplace to protect them from violence or abuse.

� The occupational groups reporting the highest rates ofinjuries to the HSE through RIDDOR were prison service

officers below principal officer rank, police officers(sergeants and constables) and bus and coach drivers.

Assault cuts short teacher’s careerIn February 2009, Risks bulletin 393 reported thecase of a young teacher who was assaulted by apupil, and suffered physical and mental injuries thatwill prevent her from ever returning to teaching.

31-year-old Sharon Lewis was attacked in 2004while working as a special needs teacher at WoodlandsSchool, Aspley, Nottingham. She was just four-and-a-half years into her teaching career when she wasassaulted. A 13-year-old boy jumped on her and puther in a headlock, compressing her spinal chord anddamaging nerves around her shoulder. She also sufferedpost-traumatic stress disorder and has been told she willnever be able to teach again. She continues to bewithdrawn and has constant physical pain in her neckand back, making day to day activities very difficult.The pupil involved had a record of violent behaviourand had previously attacked another member of staff.A £280,000 payout from the Criminal InjuriesCompensation Authority was secured with supportfrom her union, NASUWT. Without the benefits ofNASUWT membership Sharon would probably nothave been able to pursue her claim to the CICA as nocosts are recoverable for such claims and she would nothave been able to secure the expert medical testimonywhich would have meant her claim was limited to amaximum of £1,000.

Chris Keates, NASUWT general secretary,commented: “Sharon’s life has been turned upsidedown. She can no longer practice the career of herchoice and the profession has lost a talented teacher.

“I am pleased that we have been able to securecompensation for Sharon but this is cold comfortwhen you can no longer do the job that you love andevery daily activity causes constant physical pain. Noamount of money will ever compensate for that. Iwould like to think that lessons can be learned fromSharon’s experience but unfortunately our caseworkshows they will not. Every day some teachers are atrisk because pupils who have a history of violenceand aggression are not properly risk assessed andpreventative measures are not put in place.Regrettably there is still a culture in some schools,particularly where pupils have serious behaviouralproblems, that being assaulted is all part of the job.

“No one should ever have to go to work with theexpectation of being assaulted.”www.nasuwt.org.uk/Whatsnew/NASUWTNews/PressReleases/Recordcompensationforassaultedteacher/NASUWT_002824

Violence41



HAZARDS AT WORK 241

Violence in the health serviceIn late 2007, UNISON called for a national registerto record all assaults on NHS staff. The unionwelcomed figures from NHS Security ManagementServices showing a small decrease in violence againstNHS staff in England, down to 55,700 assaults, butUNISON believes the real figure is much higher.Many attacks are not reported, and the statisticsonly include physical assaults, not verbal abuse andaggression. It is calling for a national system forrecording all assaults on NHS staff would reveal thefull extent of the problem.

Scottish TUC projectIn 2004 the STUC in partnership with the thenScottish administration produced a documententitled Protecting Public Service Workers When theCustomer Isn’t Right.www.scotland.gov.uk/Publications/2004/09/19899/42674#15

The recommendations in this document led to a joint

THE MANAGEMENT OF HEALTH AND SAFETYAT WORK REGULATIONS 1999

Employers should conduct a risk assessmentfor workplace violence if there appears tobe a risk to workers. The main causes mustthen be treated in the same way as any otherworkplace hazard by the implementation ofprotective and preventive measures. Provisionsin the 1999 Regulations that are important fortackling violence include:


� identifying measures needed to comply withlegal requirements


� recording the assessment where there are fiveor more employees

� implementing preventive and protectivemeasures on the basis of: avoiding risks;evaluating the risks which cannot be avoided;combating the risks at source; adapting thework to the individual; adapting to technicalprogess; replacing the dangerous by the non-dangerous or less dangerous; developing acoherent overall prevention policy which coverstechnology, organisation of work, workingconditions, social relationships and theinfluence of factors relating to the workingenvironment; giving collective protectivemeasures priority over individual protectivemeasures; giving appropriate instructions toemployees

project between the trade union movement and theScottish Government, to raise awareness of theextent of the problem and to help unions, workersand employers address the issue of work-relatedviolence. One of the most successful aspects of thecampaign has been a high-profile media campaign,with poster and television advertising funded by theScottish Government ensuring the message thatphysical and verbal attacks on public service workersare unacceptable was widely communicated acrossScotland.

The emphasis of the work has primarily focusedon prevention, ensuring employers and trade unionswork together to identify and address issues withintheir own working environments.

In the call centre industry verbal abuse was seenas part of the job and a resource pack for employersand their workers has been developed. Thisexplains how to recognise the difference betweenanger and rage, its impact on individuals andorganisations, training available to manage phonerage, how to develop a workplace policy and setup reporting procedures. The resource pack isavailable online through the Healthy Working Liveswebsite at www.healthyworkinglives.com/uploads/documents/7198-Dealing%20with%20Phone%20Rage.pdfCopies of the CD-Rom version can be obtained bysending address details with the number required [email protected]

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere is no specific law dealing with violence atwork. However, there are a number of laws thatapply to violence at work. See the following chaptersin this book:


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of employees, and thisincludes mental as well as physical health

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13 and box on thispage

� The Reporting of Injuries, Diseases andDangerous Occurrences Regulations 1995(RIDDOR) – Chapter 49. Employers must notifytheir enforcing authority in the event of an accidentat work to any employee resulting in death, majorinjury, on incapacity for normal work for three ormore days. This includes any act of non-consensualphysical violence done to a person at work



HAZARDS AT WORK242

Violence at work – a guide for employersThe HSE guidance Violence at Work – A Guide forEmployers (INDG69) identifies a four-stage processto the successful management of violence at work.The four stages from the guidance are summarisedbelow.

It is important to remember that these four stagesare not a one-off set of actions. If Stage 4 showsthere is still a problem then the process should berepeated again. Stages 1 and 2 are completed bycarrying out a risk assessment.

Stage 1: Finding out if there is a problem – identify thehazardThe first step in risk assessment is to identify thehazard. Employers may think violence is not aproblem at their workplace or that incidents arerare. However, the employees' views may be verydifferent.

Ask staff: This can be done informally throughmanagers, supervisors and safety representatives orby the use a short questionnaire to find out whetheremployees ever feel threatened. The results of thesurvey should be conveyed to employees so theyrealise that the employer recognises the problem.

Keep detailed records: It is a good idea to recordincidents, including verbal abuse and threats. Forexample:

� an account of what happened

� details of the victim(s), the assailant(s) and anywitnesses

� the outcome, including working time lost to boththe individual(s) affected and to the organisation as awhole

� details of the location of the incident

For a variety of reasons some employees may bereluctant to report incidents of aggressive behaviourwhich make them feel threatened or worried. Theymay for instance feel that accepting abuse is part ofthe job. Employers will need a record of all incidentsto enable a complete picture of the problem to bebuilt up. Employees should be encouraged to reportincidents promptly.

Classify all incidents: Headings such as place, time,type of incident, potential severity, who was involvedand possible causes should be used. It is importantthat each incident report is examined to establishwhether there could have been a more seriousoutcome. A simple classification of incidents wouldinclude:

� fatal injury

� major injury

� injury or emotional shock requiring first aid, out-

patient treatment, counselling, absence from work(record number of days)

� feeling of being at risk or distressed

It should be easy to classify ‘major injuries’ butemployers, in consultation with safety representativesand employees, will have to decide how to classify‘serious or persistent verbal abuse’ so as to cover allincidents that worry staff.

Details from incident records can be used alongwith the classifications to check for patterns.Common causes, areas or times should be lookedfor. The necessary steps can then be targeted wherethey are needed most.

Try to predict what might happen: Employers shouldnot restrict their assessment to incidents which havealready affected their own employees. There may bea known pattern of violence linked to certain worksituations. Useful information on relevant incidentsand potential problem areas may be provided by:

� trade and professional organisations

� trade unions

� articles in the local, national and technical press

Stage 2: Deciding what action to take Having found out that violence could be a problemfor employees, employers have to decide what needsto be done. The risk assessment should be continuedby taking the following steps to help decide whataction is necessary.

Who might be harmed, and how? Identify whichemployees are at risk – those who have face-to-facecontact with the public are normally the mostvulnerable. Where appropriate, identify potentiallyviolent people in advance so that the risks from themcan be minimised.

Evaluate the risk: Check existing arrangements – arethe precautions already in place adequate or shouldmore be done? It is usually a combination of factorsthat give rise to violence. Some of the factors whichemployers can influence include:

� the level of training and information provided

� the environment

� the design of the job

The way that these factors work together should beconsidered to influence the risk of violence, and planpreventive measures.

Preventive measures – training and information:Employers have a responsibility to train employeesso that they:

� can spot the early signs of aggression and eitheravoid it or cope with it



HAZARDS AT WORK 243

� fully understand any system that has been set upfor their protection

� are provided with any information they mightneed to identify clients with a history of violence orto anticipate factors which might make violencemore likely

Preventive measures – the environment: Betterseating, decor and lighting should be provided inpublic waiting rooms, along with more regularinformation about delays.

Physical security measures should be considered,such as:

� video cameras or alarm systems

� coded security locks on doors to keep the publicout of staff areas

� wider counters and raised floors on the staff sideof the counter to give staff more protection

Preventive measures – the design of the job: Someexamples of redesign of the job include:

� the use of cheques, credit cards or tokens insteadof cash to make robbery less attractive

� money to be banked more frequently andvariation of the routes taken to reduce the risk ofrobbery

� checking the credentials of clients and the placeand arrangements for any meetings away from theworkplace

� arranging for staff to be accompanied by acolleague if they have to meet a suspected aggressorat their home or a remote location

� making arrangements for employees who workaway from their base to keep in touch

� maintaining numbers of staff at the workplace toavoid a lone worker situation developing

The threat of violence does not stop when the workperiod has ended. It is good practice to make surethat employees can get home safely. For example,where employees are required to work late,employers might help by arranging transport homeor by ensuring a safe parking area is available.

Employees are likely to be more committed to themeasures if they help to design them and put theminto practice. A mix of measures often works best.Concentrating on just one aspect of the problem maymake things worse in another. The employer shouldtake an overall view, where the risks to employees arebalanced against any possible reaction of the public.An atmosphere that suggests employees are worriedabout violence can sometimes increase its likelihood.

Preventive measures – record the findings: Theemployer should keep a record of the significant

findings of the risk assessment. The record shouldprovide a working document for both managers andemployees.

Preventive measures – review and revise the riskassessment: Employers should regularly check thatthe risk assessment is a true reflection of the currentwork situation. It may be necessary to add furthermeasures or change existing measures where theseare not working. This is particularly importantwhere the job changes. If a violent incident occurs,the assessment should be evaluated and necessarychanges made.

Stage 3: Take actionThe employer’s policy for dealing with violence maybe written into the safety policy statement, so that allemployees are aware of it. This will help employeesto co-operate with the employer, follow proceduresproperly and report any further incidents.

Stage 4: Check what has been doneEmployers should check on a regular basis how wellthe arrangements are working, consulting employeesor their representatives as they do so. They shouldconsider setting up joint management and safetyrepresentative committees to do this. Records ofincidents should be kept and examined regularly. Theywill show what progress is being made and if theproblem is changing. If violence is still a problem,employers should go back to Stages 1 and 2 andidentify other preventive measures that could work.

The victims: If there is a violent incident involvingthe workforce employers will need to:

� respond quickly to avoid any long-term distress toemployees

� plan how employees are going to be providedwith support, before any incidents occur

Employers should consider:

� debriefing – victims will need to talk through theirexperience as soon as possible after the event. Verbalabuse can be just as upsetting as a physical attack

� time off work – individuals will react differentlyand may need differing amounts of time to recover.In some circumstances they might need specialistcounselling

� legal help for serious cases

� other employees – may need guidance and/ortraining to help them to react appropriately

Further help may be available from victim supportschemes that operate in many areas.

The full HSE guide Violence at Work – A Guide forEmployers (INDG69) can be found atwww.hse.gov.uk/pubns/indg69.pdf



HAZARDS AT WORK244

Checklist

Tackling violence

This is an extract from Violence at Work: a UNISONGuide to Risk Preventionwww.unison.org.uk/acrobat/13024.pdf

Recognising the problem

� Does the employer agree that there is a violenceproblem?

� Does the employer recognise that it is a health andsafety issue rather than a security problem?

� Is the employer aware of and acting on guidanceprovided in HSE and HSC publications?

� Has the employer consulted with safetyrepresentatives on how this guidance applies in theworkplace?

Monitoring the problem – Risk assessment Step 1

� Has the employer introduced a reporting form systemspecifically for violent incidents?

� How do they ensure that all employees, including agencystaff, contractors and part-timers, know about thescheme?

� Are staff encouraged to report all violentincidents including incidents of verbal abuse andintimidation?

� Are supplies of report forms readily available to staff?

� Are the results of monitoring used to check theeffectiveness of employer’s policies?

Deciding what to do – Risk assessment Step 2

� Does the employer consult with safety representatives toseek possible solutions to the problem?

� As part of the consultation, are the returns from thereport form system reviewed and classified?

� Has the employer consulted any outside experts –security consultant, local police crime prevention officer,victim support etc.?

� If so, were safety representatives involved in thediscussion?

Preventive measures

� Are all preventive measures based on local riskassessment?

Not all the measures below will be appropriate in all situations.There may be others that should be considered also.

� Is there anything which can be done to increase physicalsecurity of car parks, grounds, etc. and restricting accessto buildings, providing refuges for staff?

� Are panic buttons fitted? If so, do they work? Is there areliable procedure for responding to them quickly?

� Are personal attack alarms provided? Is it clear that theyare not in themselves a complete solution to the problemof violence?

� Are specialist security staff employed? If so, are theyproperly trained and vetted? If not, who is responsible forsecurity matters (e.g. dealing with intruders)? Are theygiven specialist training?

� Is there a policy or procedure for home visits?

� Is there a system for passing on information aboutpotential incidents or about clients, including new clientsand for new staff?

� Has attention been given to rooms or areas used by thepublic/clients to make sure they are suitable, do notcreate tension or leave staff trapped if an incident arises?

� Have measures been taken to prevent staff working inisolated buildings, offices or other work areas on or off site?

� Have arrangements been made for lone workers and staffworking in the community?

� Does the employer take account of the risk of violencewhen setting staffing levels, altering working hours orshifts?

� Are all staff, including part-timers, given training in theprocedures for dealing with violence? Is that training suitableand appropriate? Does it make clear that staff should not putthemselves at risk to protect cash or property?

� Does the employer make sure that junior orinexperienced staff are not left to cope alone?

� Does the employer have a ‘client/patient care’programme? If so, does it avoid a one-sided ‘client isalways right’ approach? Does the employer givesympathetic support to staff who encounter awkward,aggressive or abusive clients?

� If name badges are worn has the risk of violence beentaken into account? Are forenames only used on thebadges?

� Are there detailed procedures for dealing with cashhandling and banking?

� Does the employer provide sympathetic support tovictims of violence (e.g. access to counselling, time off torecover, awareness of psychological effects, etc.)?



HAZARDS AT WORK 245

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle violence in the workplace.

Membership awarenessSafety representatives can use posters and leaflets tobring up the issue of violence with members, andtake the opportunity of discussing it with them to seeif they think that there are any problems. Safetyrepresentatives should report their concerns andthose of their members to management in writing.Use Chapter 7 above for ideas on how you can makesure that management gets things done.

Surveys and inspectionsSafety representatives could conduct a survey to findout whether violence is a problem in the workplace.This can be done on a confidential basis as somemembers may be reluctant to contribute otherwise.Risk mapping techniques can also help.

Safety representatives can use their routineinspections or undertake special inspections to speakto members about violence at work.

Risk assessmentEmployers should consult and work with tradeunion safety representatives to:� assess the risks of violence to their staff

� take steps to prevent or minimise violence orprotect employees from it

� ensure that when violent attacks do happen theyare recorded and the victims receive appropriateassistance

Preventing violence policy and procedureThe TUC believes employers should develop safesystems of working through practical policies whichinclude:

� from the outset, full consultation with andinvolvement of safety representatives

� investigations of risk areas and groups. Thiscould include liaison with the local police andother emergency services to develop a preventiveapproach

� proper reporting procedures

� creation of safer workplaces

� proper design of the working environment

� increasing staffing levels

� information and training for all workers atrisk

� checking the relevance of training and anytraining gaps

� counselling and support for the victim and theircolleagues

� effective monitoring

Safety representatives should urge their employer tohave procedures in place to prevent violence atwork. Establish whether the employer already has apolicy and procedure for tackling violence at work.If not, take steps to negotiate a policy withmanagement.


Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 79: Victimisation� No. 70: Psychoterror � No. 65: Violence at Work



HSE priced and free publications on violence� For all the latest documents containing generalstandards and guidance on violence, go to the HSEweb page: www.hse.gov.uk/violence/information.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787 881165

HSE work-related violence websiteThe HSE has a specific web page which drawstogether HSE information on violence in one place atwww.hse.gov.uk/violence/index.htm

Implementing the policy

� Does the employer include procedures for dealing withviolence in their written safety policy?

� Does responsibility for implementing the violence policylie with a named senior manager?

� Are all safety representatives provided with a copy?

� Is the policy regularly reviewed and updated inconsultation with safety representatives?

� Are safety representatives checking that the policy worksand is being followed properly?



HAZARDS AT WORK246

International Labour Organisation (see Section 6.4 forcontact details) � Resources on violence at work www.ilo.org/public/english/protection/safework/violence/

Labour Research Department (see Section 6.2 forcontact details)� Violence at Work: a Safety Representative’sGuide £3.30

Suzy Lamplugh TrustA charity concerned with personal safetywww.suzylamplugh.org/home/index.shtml

TUC (see Section 6.1 for contact details)� TUC Violence web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=567 � Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� USDAW Freedom from Fear resources,

including model preventing violence policies atwww.usdaw.org.uk/resource_library/� Many unions provide guidance on violence. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on violence.USDAW Don’t be a victim of violent crime leafletwww.usdaw.org.uk/getactive/resource_library/1060339751_21671.htmlUNISON booklet It’s not part of the jobwww.unison.org.uk/file/4096.pdfViolence at Work: a UNISON Guide to RiskPreventionwww.unison.org.uk/acrobat/13024.pdfUCU Violence at work survey questionnairewww.ucu.org.uk/media/pdf/o/g/hsfacts_violenceatwork.pdf

Victim SupportAn independent charity which helps people to copewith the effects of crimewww.victimsupport.org


SECTION 4 CHAPTER 42 – WOMEN WORKERS

HAZARDS AT WORK 247

BASIC FACTS ABOUT WOMEN WORKERSA report from the European trade union institute in2003, ‘The gender workplace gap in Europe’, drewattention to the fact that women's issues are oftenabsent from health and safety policies, the hazardsinvolved are either unknown or underestimated, andpriorities are defined in male-dominated sectors andoccupations. This failure to take account of women’shealth issues in the workplace constitutes a barrier toeffective policies on occupational health and equalopportunities. These weaknesses were confirmed bya report from the European Agency for Safety andHealth later in 2003, which focused on improvinggender sensitivity in risk assessments as a key way ofaddressing problems and making the approach moregender-sensitive. In 2006 a World HealthOrganisation report further reviewed the issues andhighlighted the necessity to strengthen and put inplace more and better programmes and practices toensure women’s health and safety at work, whilefacilitating their access to economic and socialequality.

In the UK, the TUC has identified that:

� more than a quarter of women have to lift ormove heavy loads at work. Musculo-skeletaldisorders associated with heavy lifting, awkwardpostures and repetitive tasks are by far the mostcommonly reported work-related illness

� stress is the second most commonly reportedcondition among working women but the source ofthe most concern

� one in five women said they were exposed tobreathing fumes, dust or other harmful substances atwork

� twice as many females as males reported sufferingfrom work-related headache and eyestrain – anestimated 50,000 workers. Nearly three-quarters ofthese workers attributed the cause to the use of DSEs

� the highest rates for work-related skin diseases werein jobs like hairdressing and repetitive assembly – twooccupations highly concentrated with women workers.

The TUC believes that women, who make up halfthe workforce, do not have their concerns abouthealth and safety properly addressed:

� The law on occupational safety and health doesnot distinguish between women and men’s jobs other

than in very specific areas. A gender-sensitive healthand safety approach should replace the currentgender-neutral system.

� Not enough account is taken of the physicaldifferences between men and women that have animpact in the workplace.

� Women’s employment is concentrated in health,education, hotels and restaurants and the retailtrade and in three major occupations – clerical/secretarial, personal and protective services (such ascatering and hairdressing) and sales. Their exposureto hazards reflects their jobs, so the health and safetyproblems facing men and women are different.

� Women face a double jeopardy because they oftenwork a double shift of paid work and work in thehome – and the one often compounds the other.

� Women’s risks at work have traditionally beenignored by the research community, so less is knownabout the work risks that women face.

� There is still inadequate research into, andconsideration of, the specific health and safety issuesthat affect older women, and those going throughthe menopause.

The TUC is also concerned that:

� only about a quarter of employers make any attemptto seriously address problems raised by women workers

� employers often fail to include the health andsafety concerns of women workers in the riskassessment process

� employers do not conduct specific riskassessments for pregnant workers or those who arebreastfeeding, and

� in seven out of ten cases, employers fail to includewomen’s health and safety in their policy documents.

The TUC believes urgent action is needed to correctthis gender imbalance. As a result, the TUC re-established it’s Gender and Occupational Safety andHealth group (G&OSH), which is focusing on agender-sensitive approach to occupational health andsafety and ensuring equal rights to protection for allworkers. In 2008 the group produced a gendersensitivity checklist for safety representatives to useto test how well gender issues are addressed in theworkplace. www.tuc.org.uk/h_and_s/tuc-14179-f0.pdf(See over for more information.)

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EXAMPLES OF HAZARDS IN FEMALE-DOMINATED WORKThe following table has been extracted from the European Agency for Safety and Health at Work Facts 43http://osha.europa.eu/publications/factsheets/43/facts-43_en.pdf

Risk factors and health problems include:Work area Biological Physical Chemical Psycho-social

Healthcare Infectious diseases Manual handling and Cleaning, sterilising and Emotionally demandingstrenuous postures; disinfecting agents; work; shift and night work;ionising radiation drugs; anaesthetic gases violence from clients and

public

Nursery workers Infectious diseases Manual handling; Emotional workstrenuous postures

Cleaning Infectious diseases; Manual handling; Cleaning agents Unsocial hours; violence,dermatitis strenuous postures; e.g. if working in isolation

slips and falls; wet hands or late

Food production Infectious diseases; e.g. Repetitive movements, Pesticide residues; Stress associated withanimal borne and from e.g. in packing jobs or sterilising agents; repetitive assemblymould, spores, organic slaughterhouses; knife sensitising spices and line workdusts wounds; cold additives

temperatures; noise

Catering and Dermatitis Manual handling; repetitive Passive smoking; Stress from hectic work,restaurant work chopping; cuts from knives cleaning agents dealing with the public,

and burns; slips and falls; violence and harassmentheat; cleaning agents

Textiles and Organic dusts Noise; repetitive Dyes and other chemicals, Stress associated withclothing movements and awkward including formaldehyde in repetitive assembly line

postures; needle injuries permanent presses and workstain removal solvents; dust

Laundries Infected linen, e.g. in Manual handling and Dry cleaning solvents Stress associated withhospitals strenuous postures; heat repetitive and fast-paced work

Ceramics sector Repetitive movements; Glazes, lead, silica dust Stress associated withmanual handling repetitive assembly line work

Light Repetitive movements, e.g. Chemicals in Stress associated withmanufacturing in assembly work; awkward microelectronics repetitive assembly line

postures; manual handling work

Call centres Voice problems associated Poor indoor air quality Stress associated withwith talking; awkward dealing with clients, pacepostures; excessive sitting of work and repetitive work

Education Infectious diseases, e.g. Prolonged standing; voice Poor indoor air quality Emotionally demandingrespiratory, measles problems work; violence

Hairdressing Strenuous postures; repetitive Chemical sprays, dyes etc. Stress associated withmovements; prolonged dealing with clients;standing; wet hands; cuts fast-paced work

Clerical work Repetitive movements; Poor indoor air quality; Stress, e.g. associated withawkward postures; back photocopier fumes lack of control over work,pain from sitting frequent interruptions,

monotonous work

Agriculture Infectious diseases, e.g. Manual handling; strenuous Pesticidesanimal borne and from postures; unsuitable workmould, spores, organic equipment and protectivedusts clothing; hot, cold, wet

conditions



HAZARDS AT WORK 249

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLWomen workers are meant to be protected by thesame laws as other workers. See the followingchapters in this book:


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of all employees,women or men. Gender issues should bemainstreamed into the requirements for a healthand safety policy

� Management of Health and Safety at WorkRegulations 1999 (See box below for informationon general risk assessments.)

� Manual Handling Operations Regulations 1992(See box overleaf for details of handlingassessments)

� Display Screen Equipment Regulations 1992 fordetails of workstation assessments and standards(See Chapter 25 for more details)

� Provision and Use of Work EquipmentRegulations 1998 (See box below)

� Workplace Health, Safety and WelfareRegulations 1992 cover specific provisions for restfor pregnant workers (See box below)

� Personal Protective Equipment Regulations1992 require PPE to be suitable (See box below)

MANAGEMENT OF HEALTH AND SAFETY AT WORKREGULATIONS 1999 (see Chapter 13)

These Regulations apply to all workers, but it isimportant that gender issues are mainstreamed intoworkplace risk assessments and risk prevention(see below), otherwise the concerns of women willnot be adequately addressed (see ‘A model formaking risk assessment more gender-sensitive’overleaf). Important provisions in the 1999Regulations include:






Regulation 4 (and Schedule 1): Implementingpreventive and protective measures on the basis of:

� avoiding risks










Regulation 6: Health surveillanceEnsuring that employees are provided with healthsurveillance having regard to the risks to theirhealth and safety which are identified by theassessment.

Regulations 16–18: New or expectant mothers

� Carrying out a specific risk assessment wherewomen of childbearing age and new and expectantmothers may be at risk from a work process,working conditions or physical, chemical orbiological agents

� Altering working conditions or hours of work whenreasonable and when the risk cannot be avoided

� Medically suspending the employee when it is notreasonable to alter the conditions of work

Detailed guidance on the law concerning new andexpectant mothers is provided on the HSE website


A model for making risk assessment moregender-sensitive

The TUC considers that risk assessment should takeaccount of gender issues, differences and inequalities.Work, its organisation and the equipment usedshould be designed to match people, not the otherway round. This principle is enshrined in EUlegislation and enacted in Regulations in the UK.The legislation requires employers to carry out riskmanagement based on risk assessment, and this canbe divided into five stages:

� hazard identification

� risk assessment

� implementation of solutions

� monitoring

� review

The European Agency for Safety and Health at Workhas developed suggestions for making this processmore gender-sensitive athttp://osha.europa.eu/publications/factsheets/43/facts-43_en.pdf and these are reproduced opposite. TheTUC agrees with this approach.

As there are gender differences in a variety ofbroader issues relating to work circumstances, such assexual harassment, discrimination, involvement indecision-making in the workplace, and conflictsbetween work and home life, a holistic approach torisk prevention is needed. Another aim is to identifyless obvious hazards and health problems that aremore common for female workers.

Key issues for gender-sensitive risk assessment:

� having a positive commitment and taking genderissues seriously

� looking at the real working situation

� involving all workers, women and men, at allstages

� avoiding making prior assumptions about whatthe hazards are and who is at risk

The TUC G&OSH Checklist includes the followingpoints to be included when checking employer’s riskassessments:

� are risk assessments carried out and implementedby the employer?


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THE MANUAL HANDLING OPERATIONSREGULATIONS 1992 (see Chapter 32)

These Regulations apply to all workers but it isimportant that gender issues are mainstreamed intopreventing the many injuries caused to womenthrough manual handling. Important provisions inthe Regulations include:

Employers’ duties (Regulation 4)Regulation 4(1) establishes a clear hierarchy ofmeasures that employers must follow which areexplained in detail below.

� Regulation 4(1)(a) Avoidance of manual handling:so far as is reasonably practicable, avoid the needfor employees to undertake any manual handlingoperations which involve a risk of injury

� Regulation 4(1)(b)(i) Assessment of risk: where it isnot reasonably practicable to avoid the need foremployees to undertake any manual handlingoperations which involve a risk of injury, to makea suitable and sufficient assessment of manualhandling operations. This assessment should takeaccount of the factors in Schedule 1 of theRegulations, which include: the task; the load; theworking environment; individual capability

� Regulation 4(1)(b)(ii) Reducing the risk of injury: ifit is not reasonably practicable to avoid the needfor employees to undertake any manual handlingoperations which involve a risk of injury, theemployer should reduce the risk of injury

� Regulation 4(1)(b)(iii) Providing information onthe load: if it is not reasonably practicable to avoidthe need for employees to undertake any manualhandling operations which involve a risk of injury,the employer should provide precise informationon: the weight of each load; the heaviest side ofany load whose centre of gravity is not positionedcentrally

� Regulation (4)(2) Reviewing the assessment: anassessment must be reviewed when: there isreason to suspect that it is no longer valid; therehas been a significant change in manual handlingoperations

� Regulation (4)(3) In determining for the purposesof this Regulation whether manual handlingoperations at work involve a risk of injury, and indetermining the appropriate steps to reduce thatrisk, regard shall be had in particular to: thephysical suitability of the employee to carry out theoperations; the clothing, footwear or otherpersonal effects they are wearing; their knowledgeand training; the results of any relevant riskassessment carried out under Regulation 3 of theManagement of Health and Safety at WorkRegulations 1999; whether the employee is withina group of employees identified by that assessmentas being especially at risk; and the results of anyhealth surveillance provided pursuant toRegulation 6 of the Management of Health andSafety Regulations 1999



HAZARDS AT WORK 251

� if so, do risk assessments take account of sex andgender differences?

� are women as well as men consulted about riskassessments?

� are reproductive health risks to both men andwomen adequately assessed?

� are risk assessments relating to expectant, newand nursing mothers (and the unborn orbreastfeeding child) carried out properly and in goodtime?

� do employers provide a private space forbreastfeeding mothers to express milk, and alsoprovide a safe and hygienic place for the milk to bestored?

� are any special reproductive health concerns ofwomen and men such as work-related issues relatingto fertility, prostate cancer, menstruation,menopause, breast cancer or hysterectomyadequately addressed?

� are risks of violence – including concerns aboutworking alone on site or late into the evening, andaccess to safe parking – or work-related stress towomen and men adequately addressed through riskassessment?

� are sex and gender differences taken into accountin COSHH and manual handling risk assessmentsand in assessments of postural problems includingprolonged standing or sitting?

The European Agency for Safety and Health at Workhas developed suggestions for making this processmore gender-sensitive athttp://osha.europa.eu/publications/factsheets/43/facts-43_en.pdf and these are reproduced below.

Step 1: Hazard identificationFor example, include gender by:

� considering hazards prevalent in both male- andfemale-dominated jobs

� looking for health hazards as well as safety hazards

� asking both female and male workers whatproblems they have in their work, in a structuredway

� avoiding making initial assumptions about whatmay be trivial

� considering the entire workforce, e.g. cleaners,receptionists

� not forgetting part-time, temporary or agencyworkers and those on sick leave at the time of theassessment

� encouraging women to report issues that theythink may affect their safety and health at work, aswell as health problems that may be related to work

� looking at and asking about wider work andhealth issues

Step 2: Risk assessmentFor example, include gender by:

� looking at the real jobs being done and the realwork context

� not making assumptions about exposure basedpurely on job description or title

� being careful about gender bias in prioritisingrisks according to high, medium and low

� involving female workers in risk assessment.Consider using health circles and risk-mappingmethods. Participative ergonomics and stressinterventions can offer some methods

� making sure those doing the assessments havesufficient information and training about genderissues in occupational safety and health (OSH)

� making sure instruments and tools used forassessment include issues relevant to both male andfemale workers. If they do not, adapt them

� informing any external assessors that they shouldtake a gender-sensitive approach, and checking thatthey are able to do this

� paying attention to gender issues when the OSHimplications of any changes planned in theworkplace are looked at

For example, for stress include:

� home–work interface, and both men’s andwomen’s work schedules

� career development

� harassment

� emotional ‘stressors’

� unplanned interruptions and doing several tasksat once

For example, for reproductive health:� include both male and female reproductiverisks

� look at all areas of reproductive health, not justpregnancy

For example, for musculo-skeletal disorders:

� look critically at ‘light work’. How much staticmuscle effort is involved? Does the job involvesignificant standing? What loads are really handledin practice and how often?

Step 3: Implementation of solutions For example, include gender by:

� aiming to eliminate risks at source, to provide a


safe and healthy workplace for all workers. Thisincludes risks to reproductive health

� paying attention to diverse populations andadapting work and preventive measures to workers.For example, selection of protective equipmentaccording to individual needs, suitable for womenand ‘non-average’ men

� involving female workers in the decision-makingand implementation of solutions

� making sure female workers as well as male areprovided with OSH information and trainingrelevant to the jobs they do and their workingconditions and health effects. Ensure part-time,temporary and agency workers are included

Steps 4 and 5: Monitoring and reviewFor example, include gender by:

� making sure female workers participate inmonitoring and review processes

� being aware of new information about gender-related occupational health issues

Health surveillance can be part of both riskassessment and monitoring:

� include surveillance relevant to jobs of both maleand female workers

� take care about making assumptions, forexample, based on job title, about whom to includein monitoring activities

Accident records are an important part of both riskassessment and monitoring:

� encourage the recording of occupational healthissues as well as accidents

The full guide to making risk assessments moregender sensitive and other excellent resources can befound on the European Agency’s women and healthat work web resource pages athttp://osha.europa.eu/good_practice/person/gender/links.php

THE PERSONAL PROTECTIVE EQUIPMENT ATWORK REGULATIONS 1998(see Chapter 36)

Provision of Personal Protective Equipment(Regulation 4)When health and safety risks cannot be adequatelycontrolled by other means, employers must provideemployees with suitable PPE. Suitable PPE meansthat ergonomic requirements are taken account of.(An interpretation of this would suggest that it iscapable of fitting women as well as men).

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to ensure that womenworkers are treated equally in any workplace.Examples of measures that can be taken include:

Membership awarenessUse posters and leaflets to bring up the issue ofwomen’s health and safety with members, and takethe opportunity of discussing it with them to see ifthey think that there are any problems. Safetyrepresentatives should report their concerns andthose of their members to management in writing.Use Chapter 7 above for ideas on how you can makesure that management gets things done.

THE PROVISION AND USE OF WORKEQUIPMENT REGULATIONS 1998(see Chapter 43)

Regulation 4: Suitability of work equipmentEmployers must ensure that the equipment issuitable for use, and for the purpose andconditions in which it is used. The ACoP saysthat ergonomics should be considered. (Aninterpretation of this would suggest that ifwomen are expected to use tools and equipmentthat are designed for men, the tools orequipment may not be suitable).

WORKPLACE (HEALTH, SAFETY AND WELFARE)REGULATIONS 1992 (see Chapter 45)

Regulation 25: Suitable and sufficient rest facilitiesSuitable and sufficient rest facilities must beprovided at readily accessible places. Restfacilities must include suitable facilities to eatmeals where food eaten in the workplace wouldotherwise be likely to become contaminated. Inaddition, suitable facilities should be providedfor any person at work who is a pregnantwoman or nursing mother to rest.

Paragraph 237 of the Approved Code of Practicerequires that: facilities for pregnant women andnursing mothers to rest should be convenientlysituated in relation to sanitary facilities and,where necessary, include the facility to lie down.(Although the needs of women going throughthe menopause are not covered by theWorkplace (Health, Safety and Welfare)Regulations 1992, the TUC recommends that itshould be treated as a workplace issue withadequate welfare facilities being made availablefor working women).


HAZARDS AT WORK252



HAZARDS AT WORK 253

Surveys and inspectionsSafety representatives could conduct a survey to findout what health and safety problems members have.It is important that all members are consulted,including part-time workers, temporary workers andso on. There should not be assumptions about whathazards are deemed to be ‘trivial’ or ‘important’.Surveys, body mapping, risk mapping and so on canbe done on a confidential basis as some membersmay be reluctant to contribute otherwise.

Safety representatives can use their routineinspections or undertake special inspections to speakto women and men about health and safetyproblems that they face at work.

Risk assessmentEmployers should consult and work with trade unionsafety representatives to: identify hazards; assess therisks; implement solutions; review and monitor. Usingthe European Agency for Safety and Health at Workguidelines above, it is important that safetyrepresentatives ensure that the employer carries outthe risk assessment process in a gender-sensitive way.

Health and safety policy and procedure

Safety representatives can put pressure on theemployer so that gender sensitivity is promoted in allaspects of OHS management. For example:

� reviewing safety policies, specifically including acommitment to gender mainstreaming

� ensuring that occupational health services andcompetent people will take a gender-sensitive approach

� providing relevant training and information ongender issues regarding health and safety risks to riskassessors, managers and supervisors, safetycommittees, etc.

� linking OHS into workplace equality actions

� ensuring that women are actively involved inhealth and safety strategies and action

� deciding whether a special action plan is neededfor women’s health and safety

TUC Gender & Occupational Safety and HealthgroupThe conventional gender-neutral approach isinadequate to deal with the specific health and safetyproblems that women experience. The re-convenedTUC Gender and Occupations Safety and Health(G&OSH) group is working to produce more advicefor unions and safety representatives on gender-sensitivity in workplace health and safety, especiallyrisk assessments and preventative measures. Thegroup also promotes a wider perspective, such asincluding gender issues in employer policies andmanagement practices.

The first publication is the gender sensitivity

checklist that enables safety representatives to checkhow well their employer treats gender-sensitivity. Thechecklist covers seven principal areas that arespecifically related to gender sensitive issues:

� the employer’s workplace agreement or policy

� the representative’s own union policy

� health and safety management

� safety representatives and equalityrepresentatives

� risk assessment and prevention

� sickness absence management and investigation

� reporting and monitoring procedures

The checklist is intended to be a work in progress,not a final document, capable of being developedand added to as circumstances change. The groupstill wants to hear from all representatives andactivists, and particularly from women safetyrepresentatives about their experience of gender-sensitive issues, their views, suggestions forimprovement or additions to the checklist. HopeDaley, the national Health and Safety Officer ofUNISON, convenes the group. She can be emailed [email protected]

In March 2009 the TUC Women’s Conferenceunanimously passed a motion recognising theimportance of gender equality in health and safety,and welcoming the G&OSH Checklist. Conferencecalled on the TUC to continue to developgender-sensitivity awareness among affiliateunions by integrating the checklist into teachingmaterials and training courses, promoting its use byunions and securing the endorsement of the HSE.The conference also called for a specific health,safety and welfare day to be held; better research tobe conducted and more guidance issued; bettertraining for GPs and the medical profession; andguidance and training for trade union officials.Download the checklist and its associated userguidance from www.tuc.org.uk/h_and_s/tuc-14179-f0.cfmand the user guidance from www.tuc.org.uk/h_and_s/tuc-14178-f0.cfm


European Agency for Safety and Health at Workhttp://osha.europa.eu/en/publications/factsheets/43 http://osha.europa.eu/en/publications/factsheets/ for allOSHA fact sheets

European Trade Union Institute for Research, Educationand Health and SafetyPublications on women’s healthhttp://tutb.etuc.org/uk/publications/publications.asp


Hazards magazine website Excellent news and resources on the women andwork Hazards web resource page atwww.hazards.org/women/

HSE priced and free publications � For all the latest documents containing generalstandards and guidance, go to the HSE web page:www.hse.gov.uk� HSE Diversity web pageswww.hse.gov.uk/diversity/index.htm � Detailed guidance on the law concerning new andexpectant mothers is provided on the HSE website atwww.hse.gov.uk/mothers/law.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

International Labour Organisation (see Section 6.4 forcontact details)News and resources on gender issueswww.ilo.org/public/english/protection/safework/gender/index.htm� ILO Gender Equality campaign 2008-2009www.ilo.org/gender/Events/Campaign2008-2009/lang--en/index.htm

International Trade Union ConfederationResources: Health and Safety – Women Pay Dearlywww.icftu.org/displaydocument.asp?Index=990916851&Language=EN

Labour Research Department (see Section 6.2 forcontact details)� Women’s Health and Safety – An LRD Guide£4.75

TUC (see Section 6.1 for contact details)� The TUC women’s health and safety web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=32

� TUC Gender-sensitivity checklistwww.tuc.org.uk/h_and_s/tuc-14179-f0.cfm� Checklist user guidance from www.tuc.org.uk/h_and_s/tuc-14178-f0.cfm� Restoring the Balance: Women’s Health andSafety at Work� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance for and aboutwomen workers. The website addresses of all tradeunions are on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on or forwomen workers. For example, the USDAWPregnancy Risk Assessment Guidewww.usdaw.org.uk/equality/resource_library/files/RLFSPCRiskAssess342/RiskAssessLeaflet342.pdf and Unite’s Guide to Women’s resources atwww.unitetheunion.com/member_services/health_and_safety/health_and_safety_resources/gender.aspx and handbook athttp://www.unitetheunion.com/pdf/T&G%20womens%20H&S.pdf

Women’s Environmental NetworkInformation, resources and networking on healthand the environment www.wen.org.uk/

World Health OrganisationWHO report Gender Equality, Work and Health.www.who.int/occupational_health/publications/genderwork/en/index.html


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SECTION 4 CHAPTER 43 – WORK AND LIFTING EQUIPMENT

HAZARDS AT WORK 255

BASIC FACTS ABOUT WORK AND LIFTINGEQUIPMENTWork equipmentEvery year, the use of work equipment, includingmachinery, results in a number of accidents, many ofwhich are serious and some are fatal. Some of theproblems associated with work equipment include:

� use of the wrong equipment for the job

� lack of guards or poor guards on machines,leading to accidents caused by entanglement,shearing, crushing, trapping, cutting, etc.

� poorly designed equipment, for example, womenexpected to use equipment designed for use by men,which causes accidents or ergonomic hazards

� poor systems of work

� inadequate controls or the wrong type of controlsso that equipment cannot be turned off quickly andsafely or it starts accidentally

� failure to keep guards, safety devices, controls,etc. properly maintained

� failure to provide the right information,instruction and training for users

The ergonomic hazards of work equipment are oftenneglected. Yet a study conducted for the HSEshowed an increased risk of injury among cleaningstaff and those using floor-cleaning equipment. Themain problems identified were back pain and armpain associated with floor polishing, vacuuming andmopping activities (for further details see theContract Research Report 215/1999 MusculoskeletalHealth of Cleaners atwww.hse.gov.uk/research/crr_pdf/1999/CRR99215.pdf

A large number of the most serious accidentspeople suffer at work involve machinery of one kindor another. In the 2008 TUC safety representativessurvey, nine per cent of safety representatives saidthat machinery was one of their top five concerns.Accidents occur on machinery for a number ofreasons including:

� the guarding on the machine is badly designed,causing workers to raise the guard so they can dothe job

� the machine and guards are not maintainedproperly

� guards are not provided

� no attempt is made to ensure guards are used

� the system of payment by bonus rates has takenno account of safety factors, and encourages workersto cut corners

� workers are inadequately trained and informed

Carelessness is often used as a reason for machineryaccidents. But blaming workers is not the answer.Machines have to be guarded effectively, removingthe hazard at source. A person may be injured atmachinery as a result of:

� coming into contact with moving parts ormaterials

� being hit or getting caught

� getting trapped between moving parts or materialand any fixed structure

� being hit by materials or machine parts whichhave been thrown out of the machine

Lifting equipmentThere is a lot of equipment that is used for liftingand lowering loads at work. Examples include:cranes, fork-lift trucks, lifts, hoists, chains, slings andeyebolts, etc. Every year, lifting operations and liftingequipment injure many workers.

The most common types of cranes are the electricoverhead travelling (EOT) crane, the mobile craneand the tower crane. Mobile cranes include self-propelled, lorry mounted, crawler and rail types.Many accidents take place on or near EOT cranes,particularly to workers engaged on maintenancework. Hazards to look out for are:

� people working in the wheel track may be struckby a crane in the same or adjacent track

� people working on a moving EOT crane may betrapped in places of limited clearance

� people carrying out their duties above floor levelmay be struck by an EOT crane or by its load

� tools and equipment may fall from an EOT craneand cause injury to people working below

� people working on an EOT crane may fall

� workers may come in contact with live electricconductors

There are many types of lift truck which includeindustrial counterbalanced lift trucks, industrial

Work and lifting equipment43


reach trucks, rough terrain counterbalanced lifttrucks, telescopic materials handlers, side-loading lifttrucks and pedestrian controlled lift trucks. Thereare about 8,000 reportable injuries each yearinvolving lift trucks.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLA considerable number of laws and regulations ofgeneral application apply to work equipment. Dutiescan be found in the following chapters of this book:


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9. Therequirements regarding safe systems of work,information, training and instruction andmanufacturers’ duties are particularly important forwork equipment

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with the obligationsplaced upon employers to make suitable and

sufficient assessments of risks to their employees.Because of the general requirements of the 1999Regulations, there are no specific regulations dealingwith risk assessments in the Provision and Use ofWork Equipment Regulations 1998 (see below)

� Health and Safety (Display Screen Equipment)Regulations 1992 – Chapter 25

� Personal Protective Equipment at WorkRegulations 1992 – Chapter 36, where it is notpossible to control the risk and suitable PPE isnecessary to protect the worker from risks associatedwith work equipment

� Workplace (Health, Safety and Welfare)Regulations 1992 – Chapter 45, with particularreference to the maintenance of the workplace andequipment under Regulation 5, ventilation underRegulation 6, lighting under Regulation 8, roomdimensions and space under Regulation 10,workstations and seating under Regulation 11,condition of floors and traffic routes underRegulation 12, organisation of traffic routes underRegulation 17, escalators and moving walkwaysunder Regulation 19

The main standards relating to work equipment aresummarised below.


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PROVISION AND USE OF WORK EQUIPMENTREGULATIONS 1998Definition of work equipment (Regulation 2)Work equipment means any machinery, appliance,apparatus, tool or installation for use at work.This will include lifting equipment. The scope ofwork equipment is very wide, covering almost anyequipment used at work, including:

� ‘tool box tools’ such as hammers, knives,handsaws, meat cleavers, etc.

� single machines such as drilling machines,circular saws, photocopiers, combine harvesters,dumper trucks, etc.

� apparatus such as laboratory apparatus, forexample, bunsen burners

� lifting equipment such as hoists, lift trucks,elevating work platforms, lifting slings, etc.(Although PUWER 1998 applies to all liftingequipment, the Lifting Operations and LiftingEquipment Regulations 1998 apply over and abovethe general requirements of PUWER 1998 – seebelow for further details)

� other equipment such as ladders, pressure watercleaners, etc.

� an installation such as a series of machinesconnected together, for example, a paper-makingline or enclosure for providing sound insulation orscaffolding or similar access equipment

‘Use’ in relation to work equipment means anyactivity involving work equipment and includes:starting; stopping; programming; setting;transporting; repairing; modifying; maintaining;servicing and cleaning.

PUWER 1998 places duties upon: employers; theself-employed; and people who have control ofwork equipment. Although work equipment foruse by members of the public is not covered byPUWER 1998, they will still be protected bySections 3 and 4 of the Health and Safety at Worketc. Act 1974 (see Chapter 1 above for furtherdetails).

Suitability of work equipment (Regulation 4)The employer must ensure that the equipment issuitable for use, and for the purpose andconditions in which it is used. In selecting thework equipment, employers have to take intoaccount the working conditions and the risks in thepremises/undertakings where the equipment will beused.

The risk assessment that has to be carried outunder Regulation 3 (1) of the Management ofHealth and Safety at Work Regulations 1999should assist in the process of selecting workequipment and assessing its suitability forparticular tasks.



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Maintenance (Regulation 5)The employer must ensure that work equipment ismaintained in an efficient state, in efficientworking order and in good repair, with an up-to-date maintenance log where one is kept.

Inspection (Regulation 6)Work equipment should be inspected afterinstallation and before being put into service forthe first time. The inspection should include visualchecks, functional checks and testing. The personidentifying that an inspection should be made andthe person carrying out the inspection should becompetent.

If work equipment is exposed to conditionscausing deterioration which is liable to result indangerous situations, the employer must ensurethat it is inspected at suitable intervals. Records ofinspections should be kept. The employer shouldensure that any work equipment either entering orleaving the workplace/undertaking should beaccompanied by physical evidence of the lastinspection carried out.

Specific risks (Regulation 7)Where the use of work equipment is likely toinvolve a specific risk to health and safety, theemployer shall ensure that:

� use is restricted to persons given the task of usingit

� repairs, modifications, maintenance or servicingis restricted to designated and trained persons

Information and instructions (Regulation 8)The employer must ensure that users andsupervisors have adequate comprehensibleinformation and, where appropriate, writteninstructions about the use of the equipment. Theinformation shall include:

� the conditions in which and the methods bywhich the work equipment may be used

� forseeable abnormal situations and the action tobe taken if such a situation were to occur

� any conclusions to be drawn from experience inusing the work equipment

Like other health and safety information,employers are under an obligation to consult safetyrepresentatives ‘in good time’ about informationprovided under PUWER 1998.

Training (Regulation 9)Users and supervisors should receive adequatetraining, including training in the methods of usingthe equipment, the risks and precautions.

Conformity with European Union requirements(Regulation 10)Employers have to ensure that items of workequipment have been designed and constructed incompliance with essential requirements ofEuropean Union directives.

Dangerous parts of machinery (Regulation 11)Effective measures should be taken to:

� prevent access to any dangerous part ofmachinery or to any rotating stock-bar or

� stop the movement of any dangerous part ofmachinery or rotating stock-bar before any part ofa person enters a danger zone

The Regulation sets out a hierarchy ranking themeasures that need to be taken:

� provision of fixed guards enclosing everydangerous part or rotating stock-bar to the extentthat is practicable

� provision of other guards or protection devices,such as interlocked guards and pressure mats,where practicable

� provision of jigs, holders, push-sticks or similarprotection where practicable

� provision of information, instruction, trainingand supervision

Guards and devices:

� are to be suitable for the purpose for which theyare provided

� are to be of good construction, sound materialand adequate strength

� are to be maintained in an efficient state, inefficient working order and in good repair

� should not give rise to any increased risk

� should not be easily bypassed or disabled

� are to be situated at sufficient distance from thedanger zone

� should not be unduly restrictive of any necessaryview of the operating cycle of the machinery

� are to be constructed or adapted to allowmaintenance or part replacement without removingthem

Protection against specified hazards (Regulation 12)The employer must prevent or, where this is notreasonably practicable, adequately control theexposure of a person to the following specifiedhazards:

� articles or substances falling or being ejected



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� rupture or disintegration of parts of the workequipment

� fire or overheating of the work equipment

� the unintended or premature discharge orejections of any article or of any gas, dust, liquid,vapour or other substance produced, used orstored in the work equipment

� the unintended or premature explosion of thework equipment or any material produced, used orstored in it

High or very low temperature (Regulation 13)Measures must be taken to ensure that people haveprotection from work equipment, parts of workequipment or any article or substance produced,used or stored in it which are likely to burn, scaldor sear

Starting and stopping controls (Regulations 14–18)Where appropriate, work equipment should beprovided with:

� identifiable control(s) for starting (includingre-starting)

� controls for controlling change in speed

� readily accessible controls for stopping andemergency stops

Controls should be clearly visible and identifiable.

Isolation for sources of energy (Regulation 19)All work equipment should have suitable means toisolate it from all its sources of energy. The meansshould be clearly identifiable and readily accessible,and reconnection of equipment to any energysource must not expose people to any risk.

Stability (Regulation 20)There are many types of work equipment thatmight fall over, collapse or overturn unless suitableprecautions are taken to fix them. Accordingly,work equipment should be stabilised by clampingor otherwise, where necessary, to avoid risks.

Lighting (Regulation 21)Places where work equipment is used should besuitably and sufficiently lit, taking into account thekind of work being done.

Maintenance operations (Regulation 22)Work equipment should be constructed or adapted,so far as is reasonably practicable, so thatmaintenance operations can be done while thework equipment is shut down. Otherwise, ifequipment has to run during a maintenanceoperation and this presents risks, other measureswill need to be taken to reduce those risks. These

measures will include further safeguards orfunctions designed into the equipment, such aslimiting the power, speed or range of movementthat is available to dangerous parts.

Markings and warnings (Regulations 23–24)Employers must ensure that all work equipment ismarked in a clearly visible manner. Workequipment should incorporate any warnings orwarning devices appropriate for health and safety.Warnings will be inappropriate unless they areunambiguous, easily perceived and easilyunderstood.

Employees carried on mobile work equipment(Regulation 25)The employer shall ensure that no employee iscarried by mobile work equipment unless it issuitable for carrying persons and it incorporatesfeatures for reducing risks to their safety, includingrisks from wheels or tracks.

Rolling over of mobile work equipment (Regulation 26)The employer shall ensure that risks to employeesriding on mobile work equipment are minimisedby a variety of measures. Where there is a risk ofanyone being carried by mobile work equipmentbeing crushed by its rolling over, the employer shallensure that it has a suitable restraining system.

Overturning of fork-lift trucks (Regulation 27)The employer shall ensure that a fork-lift truckwhich carries an employee is adapted or equippedto reduce the risk to safety from its overturning, aslow as is reasonably practicable.

Self-propelled work equipment (Regulation 28)The employer shall ensure that, where self-propelled work equipment may, while in motion,involve risk to the safety of persons

� it has facilities for preventing it being started byan unauthorised person

� it has appropriate facilities for minimising theconsequences of a collision where there is morethan one item of rail-mounted work equipment inmotion at the same time

� it has a device for braking and stopping

� where safety constraints so require, emergencyfacilities operated by readily accessible controls orautomatic systems are available for braking andstopping the work equipment in the event offailure of the main facility

� where the driver’s direct field of vision isinadequate to ensure safety, there are adequatedevices for improving his/her vision so far as isreasonably practicable



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� if provided for use at night or in dark places, it isequipped with appropriate lighting

� if there is a fire hazard, appropriate fire fightingequipment is carried or kept sufficiently close

Remote-controlled self-propelled work equipment(Regulation 29)The employer shall ensure that where remote-controlled self-propelled work equipment involvesa risk to safety while in motion:

� it stops automatically once it leaves its controlrange, and

� where the risk is of crushing or impact itincorporates features to guard against such riskunless other appropriate devices are able to do so

Drive shafts (Regulation 30)Where the seizure of the drive shaft betweenmobile work equipment and its accessories oranything towed is likely to involve a risk to safety,the employer must:

� provide means to prevent the seizure

� take every possible measure to avoid an adverseeffect if the seizure cannot be avoided

In addition, the employer should prevent damageto the drive shaft when it is not in use.

Power presses (Regulations 31–35)Regulations 31–35 and related schedules 2 and 3refer specifically to power presses.

LIFTING OPERATIONS AND LIFTING EQUIPMENTREGULATIONS 1998 (LOLER)Interpretation (Regulation 2)Lifting equipment means work equipment forlifting or lowering loads and includes itsattachments used for anchoring, fixing orsupporting it; and lifting operation means anoperation concerned with the lifting or lowering ofa load (which also includes a person).

The Regulations cover a wide range of equipmentincluding cranes, fork-lift trucks, lifts, hoists,mobile elevating work platforms and vehicleinspection platform hoists. The definition alsoincludes lifting accessories such as chains, slings,eyebolts, etc. LOLER do not apply to escalators asthey are covered by more specific legislation, theWorkplace (Health, Safety and Welfare)Regulations 1992.

Strength and stability (Regulation 4)The employer must ensure that:

� lifting equipment is of adequate strength andstability for each load, having regard in particularto the stress induced at its mounting or fixingpoint

� every part of a load and anything attached to itand used in lifting it is of adequate strength

Lifting equipment for lifting persons (Regulation 5)The ACoP to LOLER makes it clear that theraising and lowering of people by work equipmentwhich is not specifically designed for the purposeshould only be undertaken in exceptionalcircumstances.

Positioning and installation (Regulation 6)The employer must ensure that lifting equipment ispositioned or installed to minimise risks – for

example, to prevent the equipment or the loadfalling or striking people.

Marking of lifting equipment (Regulation 7)The employer must ensure that: (a) subject to sub-paragraph (b), machinery andaccessories for lifting loads are clearly marked toindicate their safe working loads

(b) where the safe working load of machinery forlifting loads depends on its configuration:

� the machinery is clearly marked to indicate itssafe working load for each configuration or

� information which clearly indicates its safeworking load for each configuration is kept withthe machinery

(c) accessories for lifting are also marked in such away that it is possible to identify the characteristicsnecessary for their safe use

(d) lifting equipment which is designed for lifting personsis appropriately and clearly marked to this effect

(e) lifting equipment which is not designed forlifting persons but which might be so used in erroris appropriately and clearly marked to the effectthat it is not designed for lifting persons

Organisation of lifting operations (Regulation 8)The employer must ensure that every liftingoperation involving lifting equipment is:

� properly planned by a competent person

� appropriately supervised

� carried out in a safe manner

Thorough examination and inspection (Regulation 9)The employer must ensure that before liftingequipment is put into service for the first time, it isthoroughly examined for any defect.



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The employer must ensure that lifting equipmentwhich is exposed to conditions causingdeterioration which is liable to result in dangeroussituations is thoroughly examined:

� in the case of lifting equipment for liftingpersons or an accessory for lifting, at least every 6months

� in the case of other lifting equipment, at leastevery 12 months or

� in either case, in accordance with an examinationscheme; and each time that exceptionalcircumstances which are liable to jeopardise thesafety of the lifting equipment have occurred; andif appropriate for the purpose, is inspected by acompetent person at suitable intervals betweenthorough examinations, to ensure that health andsafety conditions are maintained and that anydeterioration can be detected and remedied in goodtime

The employer must ensure that no liftingequipment:

� leaves his/her undertaking; or

� if obtained from the undertaking of anotherperson, is used in his undertaking, unless it isaccompanied by physical evidence that the lastthorough examination required to be carried outunder this regulation has been carried out.

Reports and defects (Regulation 10)A person making a thorough examination shall:

� notify the employer forthwith of any defect inthe lifting equipment which in his/her opinion is orcould become a danger to persons

� as soon as is practicable make a report of thethorough examination in writing

� where there is in his/her opinion a defect in thelifting equipment involving an existing or imminentrisk of serious personal injury, send a copy of thereport as soon as is practicable to the relevantenforcing authority

The lifting equipment should not be used beforethe defect is rectified.

The requirements of LOLER need to be consideredalongside other health and safety law. For example,Section 2 of the HSW Act requires all employers toensure, so far as is reasonably practicable, the health,safety and welfare of all their employees. Similarly,the Management of Health and Safety at WorkRegulations 1999 contain important duties whichrelate to the carrying out of a risk assessment toidentify measures that can be taken to eliminate, orreduce, the risks presented by the particular hazardsin the workplace. For example, the employer shouldensure that pedestrians are kept away from lift truckroutes or working areas where there are liftingoperations.

THE SUPPLY OF MACHINERY (SAFETY)REGULATIONS 1992 (amended in 1994)

The term ‘machinery’ is broadly defined andincludes what is generally understood by the term,as well as some other products.Examples include:

� a complex production line

� a fork-lift truck

� a circular saw

� an agricultural plough

� lifting equipment and lifting tackle

� an escalator

The 1992 Regulations as amended require all UKmanufacturers and suppliers of new machinery tomake sure that the machinery which they supply issafe. They also require manufacturers to make surethat:

� machinery meets relevant essential health andsafety requirements (these are listed in detail in theRegulations), which include the provision ofsufficient instructions

� a technical file for the machinery has been drawnup, and in certain cases, the machinery has beentype-examined by a notified body

� there is a ‘declaration of conformity’ (or in somecases a ‘declaration of incorporation’) for themachinery, which should be issued with it

� there is CE (European Conformity) markingaffixed to the machinery (unless it comes with adeclaration of incorporation)

It is primarily the task of the manufacturer todesign and construct new machinery so that it canbe used safely. They should:

� identify the health and safety hazards (trapping,crushing, electrical shock, dust or fumes, noise,vibration, etc.) that are likely to be present whenthe machinery is used

� assess the likely risks

� eliminate the risks or, if that is not possible:

� provide safeguards (e.g. guarding dangerousparts of the machinery, providing noise enclosures,etc.) or, if that is not possible:



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� provide information about any residual risks andplace signs on the machinery to warn of risks thatcannot be reduced in other ways (e.g. ‘noisymachine’ signs)

Manufacturers should refer to standards or otherspecifications when designing machinery. Thereare an increasing number of harmonisedEuropean Standards that will help manufacturersto do this. A harmonised European Standard hasan EN before the number, e.g. EN 474-1, and ispublished as a British Standard, e.g. BS EN 474-1:1995.

Suppliers should:

� look for obvious defects, such as missing guardsor other safety devices or inadequately protectedelectric wiring

� check that known risks (including risks fromfumes or dust, noise or vibration) from themachinery when it is in use will be properlycontrolled or that there is information on how theycan be controlled

� make sure the manufacturer has providedinstructions for safe installation, use, adjustmentand maintenance, and that these are in English ifthe machinery is for use in the UK (somemaintenance instructions may be in anotherlanguage if staff from the manufacturer are tocarry out specialised maintenance)

� check that data about noise and vibrationemissions have been provided, whereappropriate

� make sure that any warning signs are visible andeasy to understand

� check that there is a properly completeddeclaration of conformity or a declaration ofincorporation if appropriate

� check for CE marking (a CE or EuropeanConformity marking is not a guarantee ofsafety)

� check with the manufacturer if there are concernsabout any of the above matters

WHAT CAN SAFETY REPRESENTATIVESDO?Safety representatives should check that theiremployer is observing their responsibilities under theLifting Operations and Lifting EquipmentRegulations 1998, the Provision and Use of WorkEquipment Regulations 1998 and Management ofHealth and Safety at Work Regulations 1999.

Involving membersSafety representatives can identify if there is aproblem with work equipment by:


� using body and risk mapping techniques

� doing a special inspection that concentrates onwork equipment, using the inspection checklistbelow

� doing a special inspection that concentrates onthe information provided and the health and safetytraining of workers who use work equipment

Safety representatives should report their concernsand those of their members to management inwriting. Use Chapter 7 above for ideas on howyou can make sure that management gets thingsdone.

Risk assessmentSafety representatives should ask for copies of therisk assessments that the employer has done to

ensure that they are preventing and controllinghazards from the use of work equipment, and makesure that their employer is consulting them fully.Risk assessments must take account of theprovisions of the LOLER 1998 and the PUWER1998, which cover most types of workequipment. Where control measures are in placethen safety representatives should check that theyare being adhered to and maintained and also thatthey are effective in preventing injuries and illhealth.

Safety policiesSafety representatives can also monitor theemployer’s safety policy and systems of workregarding work and lifting equipment, and checkthat:

� there are competent personnel maintaining andusing work equipment, and that they obtain expertadvice when necessary from the HSE or reputableconsultants

� there is consultation “in good time” before newwork equipment is introduced in the workplace,about arrangements for the appointment ofcompetent people and for training and information


� � �



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Checklist

Using work equipment safely

The checklist below is based upon HSE guidance INDG229.

1. Risks from the use of work equipment

� Is the wrong equipment being used for the job, e.g.ladders instead of access towers for work at high level?

� Is there a lack of guards or poor guards on machines,leading to accidents caused by entanglement, shearing,crushing, trapping, cutting, etc?

� Are there inadequate controls or the wrong type ofcontrols so that equipment cannot be turned off quicklyand safely or it starts accidentally?

� Is there a failure to keep guards, safety devices, controls,etc. properly maintained so that machines or equipmentbecome unsafe?

� Is there a failure to provide the right information,instruction and training for those using theequipment?

2. When identifying the risks has your employer throughtabout:

� all the work which has to be done with the machine andother equipment during normal use and also duringsetting up, maintenance, repair, breakdowns and removalof blockages?

� who will use the equipment, including experiencedand well trained workers, and also new starters, peoplewho have changed jobs within the company or thosewho may have particular difficulties, e.g. impairedmobility?

� whether guards or safety devices are poorly designedand inconvenient to use or are easily defeated (this couldencourage workers to risk injury)?

� the type of power supply, e.g. electrical, hydraulic orpneumatic? Each has different risks

3. Is the right equipment used for the job and is itergonomically suitable for the user?

� Many accidents occur because the right equipment is notbeing used.

4. Is the machinery safe? Can the source of the harm beeliminated altogether?

If not can it be controlled by:

� fixed guards that are properly fastened in place withscrews or nuts and bolts which need tools to removethem?

� use of an interlocked guard for those parts thatemployees need regular access to and a fixed guard isnot possible? This will ensure that the machine cannotstart before the guard is closed and will stop if this guardis opened while the machine is moving

� devices such as photo-electric systems or automaticguards which may be used instead of fixed or interlockedguards, for example, on guillotines?

� ensuring that guards are convenient to use and not easyto defeat, otherwise they may need modifying?

� using the best materials for guards? Plastic may be easyto see through but can easily be scratched or damaged.If wire mesh or similar materials are used, the holesshould not be large enough to allow access to thedanger area. As well as preventing such access, a guardmay also be used to prevent harmful fluids, dust, etc.,from coming out

� ensuring that the guards allow the machine to becleaned safely?

� provision of jigs, holders, push-sticks, etc. to movethe work-piece, where guards cannot give fullprotection?

5. Can some risks be reduced by careful selection and sitingof the controls for machinery and equipment, forexample:

� positioning ‘hold to run’ and/or two-hand controls at asafe distance from the danger area?

� ensuring control switches are clearly marked to showwhat they do?

� making sure operating controls are designed and placedto avoid accidental operation, e.g. by shrouding startbuttons and pedals?

� seeing whether interlocked or trapped key systems forguards are necessary to prevent operators andmaintenance workers from entering the danger areasbefore the machine has stopped?

� where appropriate, having emergency stop controlswithin easy reach, particularly on larger machines so theycan be operated quickly in an emergency? Before fittingemergency stop controls to machines that have notpreviously had them fitted, it is essential to check thatthey themselves will not result in risks. For example,some machines need the power supply to be on tooperate the brakes. This power could be lost if themachine is stopped using the emergency stop control

6. Are hand tools safe? For example:

� hammers – should not have split, broken or loose shaftsand worn or chipped heads. Heads should be properlysecured to the shafts



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� files – these should have a proper handle and never beused as levers

� chisels – the cutting edge should be sharpened to thecorrect angle. The head of cold chisels should not beallowed to spread to a mushroom shape – the sidesshould be ground off regularly

� screwdrivers – should not be used as chisels, andhammers should never be used on them. Split handlesare dangerous

� spanners – splayed jaws should be avoided. Thoseshowing signs of slipping should be scrapped. Thereshould be enough spanners of the right sizes

7. Is machinery and equipment maintained in a safecondition?

� Are the manufacturer's instructions followed?

� Are routine daily and weekly checks necessary, e.g. fluidlevels, pressures, brake function?

� What routine maintenance is required for any hiredequipment, and who is responsible for it?

� Does some equipment, e.g. a crane, need preventivemaintenance?

� Are lifts, cranes, pressure systems and power pressesthoroughly examined by a competent person at intervalsspecified in law?

� Are the guards and other safety devices (e.g. photo-electric systems) routinely checked and kept in workingorder?

� Are the guards and other safety devices (e.g. photo-electric systems) checked after any repairs ormodifications?

8. Is maintenance work carried out safely? Controlling therisk means following safe working systems and practices.For example:

� is maintenance carried out, where possible, with thepower to the equipment off, and ideally disconnected orwith fuses or keys removed, particularly where access todangerous parts will be needed?

� are equipment and pipelines containing pressurised fluid,gas, steam or hazardous material isolated? Isolatingvalves should be locked off and the system depressurisedwhere possible, particularly if access to dangerous partswill be needed

� are parts of equipment which could fall supported?

� is moving equipment allowed to stop?

� are components which operate at high temperaturesallowed time to cool?

� is the engine of mobile equipment switched off, the gearbox placed in neutral, the brake applied and, wherenecessary, the wheels chocked?

� to prevent fire or explosions, are vessels that havecontained flammable solids, liquids, gases or duststhoroughly cleaned and checked before hot work iscarried out? Even small amounts of flammable materialcan give off enough vapour to create an explosive airmixture which could be ignited by a hand lamp orcutting/welding torch

9. Are employees instructed and trained? Employees needknowledge to use and maintain equipment safely. Forexample:

� are employees given the information that they need, e.g.manufacturers' instructions, operating manuals, etc.?

� are employees instructed on how to avoid risks?

� are inexperienced employees given extra instructions?

� is appropriate training provided, particularly if control ofthe risk depends on how an employee uses the workequipment? Training may be needed for existingpermanent and temporary staff as well as inexperiencedstaff or new starters, particularly if they have to usepowered machinery

� do employees who carry out servicing and repairs haveenough knowledge and training to enable them to followsafe working practices?

The full HSE guide Using Work Equipment Safely (INDG229)can be found at www.hse.gov.uk/pubns/indg229.pdf


British Standards Institution (BSI) (see Section 6.5 forcontact details)The national standards body in the UK, with manystandards for work equipment www.bsi.org.uk


European Trade Union Institute for Research, Educationand Health and SafetySafety of machinery resources at http://hesa.etui-rehs.org/uk/dossiers/dossier.asp?dos_pk=19

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 56: Ergonomics: Make the Job Fit� No. 44: Risk Assessment: No Hazard, No Risk� No. 38: Strain Injuries and Work




HSE priced and free publications on work equipment� For all the latest documents containing generalstandards and guidance on work equipment, go tothe HSE web page: www.hse.gov.uk/equipment/info.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE work equipment website� The HSE has a specific web page which drawstogether HSE information on work equipment in oneplace at www.hse.gov.uk/equipment/index.htm� HSE leaflets on lifting operationswww.hse.gov.uk/pubns/liftindx.htm

London Hazards Centre (see Section 6.2 for contactdetails)� Work Equipment Fact Sheetwww.lhc.org.uk/members/pubs/factsht/49fact.htm

TUC (see Section 6.1 for contact details)� The TUC health and safety web pagewww.tuc.org.uk� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on workequipment. The website addresses of all trade unionsare on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm.� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance. For example,USDAW produces a guide to PUWER atwww.usdaw.org.uk/healthandsafety/toolkit/files/SixPack0205.pdf


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SECTION 4 CHAPTER 44 – WORKING TIME

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BASIC FACTS ABOUT WORKING TIMEOne of the most essential ingredients in theorganisation of work is time: when we work; forhow long; and how we balance working time withtime outside work.

Full-time employees in the UK work the longesthours in Europe. Here’s why:

� The law that protects against very long hours isweaker in the UK.

� Most people do not know about the laws we dohave, and they are not enforced.

� More people do the kind of white-collar jobswhere overtime is not paid.

� Many workers work long hours because they areconcerned that if they do not they might lose theirjobs or not be considered for promotion.

� We have just got into the habit where employersexpect, and staff are prepared to work, very longhours. It is the dreaded ‘long hours culture’.

Long hours are not good for us; they cause stress;they are bad for our health; they wreck relationships;they make caring for children or dependants moredifficult; and tired, burnt-out staff are bad forbusiness. Evidence suggests that it is increasinglydifficult for people to get their jobs done in theircontractual hours and that there is a mismatchbetween the hours that people would like to workand the jobs available.

It does not mean that we should turn into a nationof clock-watchers. Most people enjoy their jobs andfind them fulfilling. But there is a need for give andtake at work. Putting in some extra hours whenthere is an emergency or a sudden increase in ordersis one thing. The problem is when it turns to ‘alltake’. Long hours become the norm, not theexception, and even longer hours are needed when areal crisis comes along.

Long hoursRegularly working more than 48 hours per week canlead to serious health and safety problems. Longhours can also lead to low productivity, squeeze outeducation and training, play a big part in excludingwomen from certain jobs, and put pressure onfamily life and parenting. Long hours workershave no chance of achieving a decent work/lifebalance.

Most people in the UK do not work excessivehours. However, some 3.6 million people regularlywork more than 48 hours. In the UK, one in sevenemployees work long hours. This is much higherthan the average for the EU’s 15 countries, where thefigure is just one in seventeen. For full details see theTUC report The UK’s Long Hours Problem atwww.tuc.org.uk/work_life/tuc-11005-f0.cfm .

The TUC report identifies that long hours are avery real hazard. Working excessive hours increasesthe risk of injury and mortality, heart disease,stress, depression, diabetes mellitus, seriousheadaches and bowel problems. Excessive hoursare likely to lead to increased smoking and drinkingand to a poor diet. They also squeeze the timeavailable for family life, which can underminegeneral wellbeing.

The European Union has set a minimum standardof a 48-hour average weekly working time limit but,uniquely, the UK Government allows everybody toopt-out of the limit. In November 2006, Ministersfrom European Union (EU) countries were unable toagree an end to the UK opt-out from Europe’s 48-hour working week ceiling. Commenting on this,TUC General Secretary Brendan Barber said:

“This was a missed opportunity to ensure that UKworkers are properly protected against the dangersof overwork. The trend in the UK is now towards aslow decline in long hours working. New legal rightswould have speeded up that process without hittingeconomic success. Because the UK Governmentwould not support a compromise today to phase outthe UK’s opt-out it is now likely to face legal actionon the way that on-call time is treated in UK law.”Brendan Barber continued:

“But the Government is not off the hook. It isclear there is widespread ignorance of working timerights, extensive employer abuse of the opt-out andprecious little enforcement of working time rules.The TUC will step up its campaign to bring the UKinto line with existing EU law. But the legalapproach is not the only way to counter our longhours culture. We will continue to work withGovernment and employers to shift the culture ofUK workplaces and attack the poor productivity andwork organisation that long hours working coversup.”

The TUC has analysed unpublished findings fromthe Government’s Labour Force Survey atwww.tuc.org.uk/economy/tuc-12616-f0.cfm?theme=itsabouttime. The analysis showed that

Working time44


removing the opt-out would have had little economiceffect:

� Only 800,000 to 1 million UK employees wouldhave had to make a serious change to their workingpatterns if the opt-out was ended, but many ofthese work excessively long hours with at least130,000 regularly putting in more than 60 hours aweek.

� The number of UK employees working more than48 hours has declined by 17.5 per cent since the1998 peak of 4.0 million, 700,000 fewer employeesare now working long hours.

� The incidence of long hours workers has declinedin every industry, occupation and region, althoughthe pattern of improvement is very uneven, withsome sectors doing much better than others.

� Because of the growth of some jobs and industriesthere are more long hours workers in some of them,but even here the proportion doing long hours hasfallen.

� Starting from a higher baseline, the decline oflong hours working has been much sharper in theprivate sector.

� One third of UK employees who work more than48 hours per week are only working one or twoextra hours per week.

On 1 April 2009, MEPs and employment ministersmet at a conciliation meeting to consider the endingof the UK Government’s opt-out of the working timedirective. Commenting on the lack of agreement toend the UK’s opt-out, TUC General SecretaryBrendan Barber said:

“We are disappointed the UK is part of aminority of EU governments that continue to blockprogress towards ending our damaging long-hoursculture.

“The health hazards and lack of productivitycaused by excessive working time are well proven.And with people being made redundant or reducingtheir hours, the business lobby’s insistence that theystill need long hours looks even more out of date.

“The working time directive will be under thespotlight again at a third meeting of MEPs andemployment ministers later this month. The TUCurges the Government to change its position and putan end to dangerous long hours working.”

New Long Hours Clinic ToolThe TUC’s Long Hours Clinic Tool was devised byProfessor Cary Cooper of Lancaster University forWork Your Proper Hours Day 2009. Take the testand benefit from Professor Cooper’s advice atwww.worksmart.org.uk/workyourproperhoursday/quiz/index.php

For more about long working hours seewww.worksmart.org.uk/workyourproperhoursday/

Unpaid overtimeUnpaid overtime is on the decline, but progress is soslow that it will take until 2030 to end regularunpaid overtime of more than 10 hours every week,according to a TUC analysis of official statistics. Thenew research was published on 23 February 2007 tomark the TUC’s Work Your Proper Hours Day, theday when people who do unpaid overtime would onaverage get paid if they did all their unpaid work atthe start of the year.

The TUC report says that according to theGovernment's Labour Force Survey there has been asmall decline in the proportion of the workforcedoing more than 10 hours a week unpaid overtimeover the last five years. Almost 840,000 employeescurrently do unpaid overtime averaging more than10 hours a week, which is 3.4 per cent of theworkforce – down from 4.1 per cent in 2001. If thatrate of progress continues it will take until 2030before no-one regularly does more than 10 hoursextra a week.

TUC general secretary Brendan Barber said:“The best we can say is that our long hours cultureis not getting any worse, and there are some real,but pretty glacial, signs of progress over the lastfive years.” He added: “Employers in long-hoursworkplaces should be asking hard questions abouttheir culture, how their work is organised andwhether they can repay staff through allowingmore flexible working arrangements, withoutwaiting for a change in the law to allow everyoneto request a better work/life balance.”

Shift workShift work and extended working hours involvehazards. As with other health and safety hazards,these should be eliminated or reduced whereverpossible. For example, previous Labour Force Survey(LFS) data suggests that an estimated 1.8 millionwomen in Great Britain usually or sometimes do shiftwork. Of these, an estimated 400,000 are involved innight work (night shift, continental shift and three-shift working). According to the HSE in its researchreport Shift Work and Breast Cancer: a CriticalReview of the Epidemiological Evidence: “Overall, theevidence for an association of breast cancer risk withshift work is appreciable but not definitive. Furtherepidemiological research is needed to clarify therelationship.”

For further details go towww.hse.gov.uk/research/rrhtm/rr132.htm

In March 2009 the Danish government paidcompensation to a number of women who haddeveloped breast cancer after long spells of nightshiftworking. This followed a ruling by the InternationalAgency for Research on Cancer (IARC) that nightshifts probably increase the risk of developing cancer.

The IARC is the UN agency that studies and ranks


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THE WORKING TIME REGULATIONS 1998 ANDTHE WORKING TIME (AMENDMENT)REGULATIONS 2003The Working Time Regulations implement theEuropean Working Time Directive and parts of theYoung Workers Directive which relate to theworking time of adolescent workers (workersabove the minimum school leaving age but below18). Certain sectors were originally excluded fromthe scope of the Working Time Regulations 1998.However, most of these sectors have now beenincluded as a result of the Working Time(Amendment) Regulations 2003.

Basic rights and protection in summaryThe basic rights and protection that theRegulations provide are:

� a limit of an average of 48 hours a week which aworker can be required to work (though workerscan choose to work more if they want to)

� a limit of an average of eight hours work in 24which night workers can be required to work

� a right for night workers to receive free healthassessments

� a right to 11 hours’ rest a day

� a right to a day off each week

� a right to an in-work rest break if the workingday is longer than six hours

� a right to 4 weeks’ paid leave per yearExtension of rightsThe Regulations were amended, with effect from1 August 2003, to extend working time measuresin full to all non-mobile workers in road, sea,inland waterways and lake transport, to allworkers in the railway and offshore sectors andto all workers in aviation who are not covered bythe sectoral Aviation Directive. The Regulationshave applied to junior doctors from 1 August2004.

Mobile workersMobile workers in road transport have morelimited protection under these Regulations. Thosesubject to European Drivers hours rules 3820/85will be entitled to 4 weeks’ paid annual leave andhealth assessments if a night worker from 1August 2003. However, the Road Transport(Working Time) Regulations 2005 extendprotection to cover weekly working time – seebelow.

EnforcementEnforcement is split between different authorities.The limits and health assessments (if a nightworker) are enforced by HSE, local authority

cancer risks. Category One risks are knowncarcinogens such as asbestos. Nightshift workingnow sits just one rung below that as a Category 2Arisk – a ‘probable cause of cancer’. Dr VincentCogliano of the IARC said the agency reached itsconclusion after looking at a wide number of studiesof both humans and animals. He said there wasevidence to support the hypothesis that alterations insleep patterns could suppress the production ofmelatonin in the body. “Melatonin has somebeneficial effects in preventing some of the stepsleading to cancer,” he said. “The level of evidence isreally no different than it might be for an industrialchemical.”

As long ago as 1974 the ILO produced a reporton hazards to health the resulted from night work,recommending that night work should be restrictedto essential services. There is a large body ofevidence showing that night shifts are bad forpeople. Among the symptoms are disturbed sleep,fatigue, cardiovascular disease, gastro-intestinalproblems and a greater risk of injury at work.Despite this evidence, the Danish payments are thefirst compensation payments to women who havedeveloped breast cancer after long spells on thenight shift. In the UK trade unions estimate about20 per cent of the national workforce is involved innight shifts.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThe Working Time Regulations 1998, the WorkingTime (Amendment) Regulations 2003, and the RoadTransport (Working Time) Regulations 2005 addressworking hours. These Regulations are dealt with indetail below. However, there are a number of moregeneral laws that also apply to working hours.Duties may be found in the chapters of this booklisted below:


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with the obligationsplaced upon employers to make suitable andsufficient assessments of risks to their employees.Risk assessments must take account of theprovisions of the Working Time Regulations 1998,the Working Time (Amendment) Regulations 2003,and the Road Transport (Working Time)Regulations 2005 (see below)



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environmental health departments, the CivilAviation Authority (CAA) and the Vehicle andOperator Services Agency (VOSA). Theentitlements to rest and leave are enforced throughemployment tribunals.

Where the regulations do not applyIf a person is self-employed, running their ownbusiness and free to work for different clients andcustomers, the Working Time Regulations do notapply to them.

Certain workers are not subject to theseregulations because they will be governed bysector-specific provisions. These are:

� sea transport workers, as covered by theSeafarers’ Directive (1999/63/EC)

� mobile workers in inland waterways and laketransport

� workers on board sea-going fishing vessels

� air transport workers, as covered by the AviationDirective (2000/79/EC). This Directive affects allmobile workers in commercial air transport (bothflight crew and cabin crew) but not workersemployed in General Aviation

Mobile workers in road transport are only subjectto certain provisions of these Regulations (ascovered by the Road Transport Directive(2002/15/EC)). From 1 August 2003 workerssubject to the Road Transport Directive havebenefited from the entitlement to paid annual leaveand the right to health assessments for nightworkers under the Working Time Regulations.They also gained extra working time rights underthe Road Transport (Working Time) Regulations2005 (see below).

The armed forces, the police and emergencyservices are outside the scope of the regulations incertain circumstances.

Sectors previously excluded from theregulations On 1 August 2003 the Working Time Regulationsextended cover to the following sectors:

� workers in air transport, other than thosecovered by the Aviation Directive

� all workers in rail transport

� workers in road transport, other than thosesubject to the Road Transport Directive

� non-mobile workers in sea fishing, sea transport,inland waterways and lake transport

� all workers in other work at sea, such as offshorework in the oil and gas industry

Since 1 August 2004 the regulations have beenextended in full to cover doctors in training with the

exception of the weekly working time limits andspecial rules for the reference period, which will bephased in over a further 5-year period (see below).

Working time limitsThe general principles regarding working timelimits include the following key points:

� Workers cannot be forced to work for more than48 hours a week on average.

� Working time limits for doctors in training arebeing phased in gradually.

� Working time includes travelling where it is partof the job, working lunches and job-related training.

� Working time does not include travelling betweenhome and work, lunch breaks, evening classes orday-release courses.

� The average weekly working time is normallycalculated over 17 weeks. This can be longer incertain situations (26 weeks) and it can beextended by agreement (up to 52 weeks).

� Workers can agree to work longer than the 48-hour limit. An agreement must be in writing andsigned by the worker. This is generally referred toas an opt-out. It can be for a specified period or anindefinite period. There is no opt-out availablefrom the Young Workers’ limits.

� Workers can cancel the opt-out agreementwhenever they want, although they must give theiremployer at least 7 days’ notice or longer (up to 3months) if this has been agreed.

� The working time limits do not apply if workerscan decide how long they work.

Young workers may not ordinarily work more than8 hours a day; 40 hours a week.

These hours worked cannot be averaged out andthere is no opt-out available. They may worklonger hours where this is necessary to either:

� maintain continuity of service or production, or

� respond to a surge in demand for a service orproduct

and provided that:

� there is no adult available to perform the task

� the training needs of the young worker are notadversely affected

Working at nightThe general principles regarding working at nightinclude the following key points:

� A night worker is someone who normally worksat least 3 hours at night.

� Night time is between 11pm and 6am, althoughworkers and employers may agree to vary this.



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� Night workers should not work more than8 hours daily on average, including overtime whereit is part of a night worker’s normal hours ofwork.

� Night working time is calculated over 17 weeks.This can be longer in some situations.

� A night worker cannot opt out of the night worklimit.

� Young workers should not ordinarily work atnight, although there are certain exceptions.

� Where a night worker’s work involves specialhazards or heavy physical or mental strain, there isan absolute limit of 8 hours on the worker’sworking time each day – this is not an average.

� Mobile workers are excluded from the nightwork limits (but see the Road Transport (WorkingTime) Regulations below). Instead, they areentitled to ‘adequate rest’. ‘Adequate rest’ meansthat workers have regular rest periods. Theseshould be sufficiently long and continuous toensure that workers do not injure themselves,fellow workers or others and that they do notdamage their health, either in the short term or inthe longer term.

Health assessments for night workersThe general principles relating to healthassessments include the following key points:

� An employer must offer night workers a freehealth assessment before they start working nightsand on a regular basis while they are workingnights. In many cases it will be appropriate to dothis once a year, though employers can offer ahealth assessment more than once a year if theyfeel it is necessary.

� Workers do not have to take the opportunity tohave a health assessment (but it must be offered bythe employer).

� A health assessment can be made up of twoparts: a questionnaire and a medical examination.The latter is necessary only if the employer hasdoubts about the worker’s fitness for night work.

� Employers should get help from a suitablyqualified health professional when devising andassessing the questionnaire. This could be from adoctor or nurse who understands how nightworking might affect health.

� The health assessment should take into accountthe type of work that will be done and therestrictions on the worker’s working time under theRegulations.

� If a worker suffers from problems which arecaused or made worse by night work, the employershould transfer them to day work if possible.

� New and expectant mothers should be givenspecial consideration.

� Special consideration should be given to youngworkers’ suitability for night work, taking accountof their physique, maturity and experience.

� Although excluded from the night work limit inthe Working Time Regulations, mobile workersand workers subject to the Road TransportDirective who are ‘night workers’ are entitled tohealth assessments under the Regulations.

Time off

� A worker is entitled to a rest period of 11uninterrupted hours between each working day.

� A worker is entitled to one whole day off aweek. Days off can be averaged over a 2-weekperiod, meaning workers can take 2 days off afortnight. Days off are taken in addition to paidannual leave.

� A young worker is entitled to 12 uninterruptedhours in each 24-hour period in which they work.The rest may be interrupted if periods of work aresplit up over the day or do not last long.

� A young worker’s entitlement to daily rest can bereduced or excluded in exceptional circumstancesonly. Where this occurs, the young worker shouldreceive compensatory rest within 3 weeks.

� Young workers are entitled to 2 days off eachweek. This cannot be averaged over a 2-weekperiod, and should normally be 2 consecutive days.If the nature of the job makes it unavoidable, ayoung worker’s weekly time off can be reduced to36 hours, subject to them receiving compensatoryrest.

Rest breaksIf a worker is required to work for more than 6hours at a stretch, he or she is entitled to a restbreak of 20 minutes. The break should be takenduring the 6-hour period and not at the beginningor end of it.

Mobile workers are excluded from the usual rest-break entitlements under the Working TimeRegulations. Instead, these workers are entitled to‘adequate rest’. ‘Adequate rest’ means that workershave regular rest periods. These should besufficiently long and continuous to ensure thatfatigue or other irregular working patterns do notcause workers to injure themselves, fellow workersor others, and that they do not damage theirhealth, either in the short term or in the longerterm.

Different rules apply to young workers. If a young worker is required to work for more thanfour and a half hours at a stretch, they are



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entitled to a rest break of 30 minutes. If a youngworker is working for more than one employer,the time he or she is working for each one shouldbe added together to see if they are entitled to arest break. A young worker’s entitlement tobreaks can be reduced or excluded in exceptionalcircumstances only. Where this occurs, the youngworker should receive compensatory rest within 3weeks.

Paid annual leaveThe general principles include the following keypoints:

� Every worker – whether part-time or full-time –covered by these Regulations is entitled to 4 weeks’paid annual leave. This includes workers who aresubject to the Road Transport Directive.

� A week’s leave should allow workers to be awayfrom work for a week. It should be the sameamount of time as the working week: if a workerdoes a 5-day week, they are entitled to 20 days’leave; if they do a 3-day week, the entitlement is12 days’ leave.

� The leave entitlement under the regulations is notadditional to bank holidays. There is no statutoryright to take bank holidays off. Therefore a workerwho is not otherwise paid in respect of bankholidays may take bank holidays as part of theirannual leave entitlement in order to receivepayment for these holidays.

� Workers must give the employer notice that theywant to take leave.

� If a worker’s employment ends, they have a rightto be paid for the leave time due and not taken.

ExceptionsThere are four classes of exceptions where some ofthese rules may not apply.

� In general, employers and workers can agree thatthe night work limits, rights to rest periods andrest breaks may be varied, with the workersreceiving ‘compensatory rest’ (see below). Theymay also agree to extend the reference period forthe working time limits up to 52 weeks. Theseagreements can be made, for example, by‘collective agreement’ (between the employer andan independent trade union).

� The night work limits (including the limit forspecial hazards), rights to rest periods and restbreaks do not apply where: a worker works faraway from where they live (this includes offshore

work). Or they constantly have to work indifferent places making it difficult to work to aset pattern; the work involves security or surveillanceto protect property or individuals; the job requiresround-the-clock staffing as in hospitals, residentialinstitutions, prisons, media production companies,public utilities and in the case of workers concernedwith the carriage of passengers on regular urbantransport services or in industries where work cannotbe interrupted on technical grounds; there are busypeak periods, such as may apply seasonally inagriculture, retail, tourism and postal services; anemergency occurs or something unusual andunforeseen happens; where the worker works in railtransport and their activities are intermittent; theyspend their time working on board trains; or theiractivities are linked to transport timetables and toensuring the continuity and regularity of traffic. Inthese cases (except for the offshore sector) thereference period for the weekly working time limit isextended from 17 to 26 weeks. In addition workersare entitled to ‘compensatory rest’.

� The working time limits and rest entitlements,apart from those applicable to young workers, donot apply if a worker can decide how long theywork. A test, set out in the Regulations, states thata worker falls into this category if “the duration ofhis working time is not measured or predeterminedor can be determined by the worker himself”.

� Additional hours which the worker chooses to dowithout being required to by his employer do notcount as working time; therefore, this exception isrestricted to those that have the capacity to choosehow long they work. The key factor for thisexception is worker choice without detriment.

Keeping recordsEmployers need to keep records that show:

� that the weekly working time and night worklimits are complied with

� workers who have agreed to work more than 48hours a week

� health assessments for night workers to include:the name of the night worker, when an assessmentwas offered (or when they had the assessment ifthere was one) and the result of any assessment.Records must be kept for two years

For the full Department for Business, Enterprise andRegulatory Reform advice Your Guide to theWorking Time Regulations, go towww.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/index.htm



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Enforcement of the working time regulationsEnforcement of the Working Time Regulations is splitbetween different authorities. The limits and healthassessments (if a night worker) are enforced by theHealth and Safety Executive, local authorityenvironmental health departments, the Civil AviationAuthority (CAA), the Vehicle and Operator ServicesAgency (VOSA) and Office of Rail Regulation (ORR).The entitlements to rest and leave are enforcedthrough employment tribunals. The EmploymentTribunals Service can also help with informationabout making a claim or about Tribunal procedures.

Guidance on the law can be accessed on theDirectGov website at:www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/index.htm

Further informationIf you need more information about the Regulations,either contact your own trade union, or:

� for queries about time off, rest breaks, paidannual leave and other general employmentinformation, call the Advisory, Conciliation andArbitration Service (ACAS) National helpline on08457 474747 or online at www.acas.org.uk/

� for information about tribunals, call theEmployment Tribunals Service enquiry line on 08457959 775 or online at www.employmenttribunals.gov.uk

� for guidance about the weekly and night workingtime limits and health assessments, call the HSE Infolineon 0845 345 0055 or contact the Environmental HealthDepartment of your local authority or [email protected] or write to: HSE Infoline,Caerphilly Business Park, Caerphilly, CF83 3GG

Further advice on the Road Transport (WorkingTime) Regulations 2005 (see box below)It is beyond the scope of this TUC book to go intointricate detail on these Regulations. Guidance onthe law can be accessed on the Department forTransport website at www.dft.gov.uk/pgr/freight/road/workingtime/rdtransportworkingtimeguidance. If, afterreading this guide, you feel that further clarificationis needed on certain aspects of the rules, pleasecontact your trade union or telephone VOSA on0300 123 9000, for assistance.

WHAT CAN SAFETY REPRESENTATIVES DO?Varying the law by collective agreementThe Working Time Regulations 1998 and theWorking Time (Amendment) Regulations 2003 allowconsiderable flexibility by agreement. In some casesunions will want to take advantage of theseflexibilities, while being careful to maintain full healthand safety protection for their members. In the rightcircumstances flexibility may be valued by trade unionmembers. Surveys show that many people want more

control over their hours and patterns of work.Flexibility is certainly valued by employers, and

the right to conclude such deals may prove valuablein bargaining towards a better work–life balance.The list below identifies the rules that can be variedby collective agreement:

� definition of working time can be extendedbeyond the definition in the Regulations

� reference period for 48 hour week can beextended to 52 weeks

� definition of night time can be extended for nightworkers

� definition of night workers can be extended toinclude more people

� reference period for night work can be convertedfrom a rolling 17 week average to consecutive blocksof 17 weeks

� definition of night work involving heavy physicaland mental strain can be broadened. In such casesthe 8-hour night work limit is an absolute one – notan average

� night work limits can be loosened by agreement,providing that ‘compensatory rest’ of the same timevalue is given later on

� right to 11 hours’ rest per day can be loosened byagreement, providing that ‘compensatory rest’ of thesame time value is given later on

� right to 24 hours’ rest in a 7-day period can beloosened by agreement, providing that ‘compensatoryrest’ of the same time value is given later on

� definition of 7-day period can be varied. Wherethere is no agreement it is the beginning of eachworking week

� timing of rest break of 20 minutes where workingday is more than 6 hours

� date when annual leave year begins

� period of notice before annual leave can be taken

The 48-hour weekThe UK is unique among the EU countries in that ithas provisions that allow individual workers to opt outof the 48-hour average weekly working time limit.

The TUC’s view has always been that there shouldbe no exemptions from health and safety law. Theeffects of fatigue on performance and concentrationare very similar to those of alcohol, so long hoursundermine health and safety. Therefore it will continueto campaign to end the opt-out.

In addition, long hours are bad for productivity, asfatigue and loss of concentration lead to workers doinglong hours being ineffective. Long hours also squeezeout any chance of achieving a good work–life balance,and discriminate against women workers.

Unions will want to end long hours as soon aspossible, and will be aware that the opt-out provisions


may end before long. However, in some cases they willprobably need to do this in stages in order to avoid lossof earnings. The opt-out is valuable to employers andmay be used as a bargaining chip to ensure that thereare real negotiations about ending long hours.

A number of deals have been struck that haveended excessive hours without any loss of earningsor with only a slight reduction in earnings. Thesedeals have come about after very broad negotiationsabout hours and patterns of work organisation,investment and training.

Opt-out forms must specify the period of noticethat the employee has to give if they want to optback in at a later date. Unions may want to ensurethat the notice period is as short as possible.

Unions will want to ensure that opt-outs are notsimply imposed on workers by default. Some companieshave simply sent opt-out forms to new starters with anote asking them to sign and return before they start.

Similarly, some workers have been bullied into

signing and retaining opt-outs. This is simply illegaland unions will not tolerate it.

‘Adequate rest’Instead of the standard daily, weekly and in-work restbreaks set out by the Working Time Directive, somerail and road workers are entitled to ‘adequate rest’.Trade unions may want to adopt the common senseposition that the time value of the breaks and restperiods set out in the Working Time Directive areintended to be the minimum standard to achieveproper protection for these workers.

In some cases, the Working Time Directive allowsfor ‘compensatory rest’ – some flexibility aboutwhen the breaks and rest periods are taken. Thiscould provide a starting point for negotiation.Unions may also want to try to ensure that adequaterest arrangements are subject to periodic review inorder to make sure that they are working and to seewhether they can be improved.


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ROAD TRANSPORT (WORKING TIME) REGULATIONS2005 – A BRIEF GUIDE

The Road Transport (Working Time) Regulations2005 (SI 2005 No. 639) came into force on 4 April2005. The Regulations implement EuropeanDirective 2002/15/EC, and apply to “mobileworkers” (basically drivers, crew and othertravelling staff) who operate on vehicles which aresubject to Regulation (EC) No 561/2006 (“theEuropean drivers’ hours rules”) or, in some cases,the European Agreement Concerning the Work ofCrews of Vehicles Engaged in InternationalTransport (AETR). Mobile workers are required tocomply with the Regulations as well as the existingEuropean drivers’ hours rules. There is no opt-outfrom the Regulations.

Mobile workers who only occasionally carry out“in-scope” work are not required to comply withthe working time limits under the Regulations (forthis to apply, mobile workers must meet the“occasional mobile worker” criteria given inSection 1.3). “Self employed drivers” are exemptfrom the Regulations until March 2009 – for thisexemption to apply, drivers must satisfy criteriagiven in Section 1.4.

The Regulations introduce limits on weeklyworking time (excluding breaks and periods ofavailability) and a limit on the amount of workthat can be done within a 24 hour period, forthose who operate on night shifts (see Sections 3and 4 on limits under the Regulations). They alsospecify how much continuous work can be donebefore taking a break and introduce daily andweekly rest limits for the crew and travelling staff.Under the Regulations, “working time” for mobileworkers must not exceed:

� an average 48 hour week (normally calculatedover a 4 month reference period)

� 60 hours in any single week

� 10 hours in any 24 hour period, if working atnight

However, use has been made of two derogationscontained within European Directive 2002/15/EC,which allow for employers to extend the referenceperiod for the average 48 hour week from 4 to 6months and allows for night shift employees toexceed the 10 hour working time limit. Theseprovisions are both subject to a collective orworkforce agreement being in place (see Section7.1 – “relevant agreements”).

This guide sets out various means for calculatingthe average working week (see Section 3.4 –“calculating average weekly working time”).

Employers are required to monitor working time andshould do what they can to ensure that the limits arenot breached. Records need to be kept for two years.If there is no employer, the Agency, EmploymentBusiness or even the worker concerned must monitortheir working time. Guidance is also provided onhow the tachograph should be used to monitorworking time. Further details on record keeping areprovided at Section 6.

The Vehicle and Operator Services Agency (VOSA)enforce the Regulations in Great Britain. The Driverand Vehicle Testing Agency (DVTA) enforce theworking time regime used in Northern Ireland.For the full DfT Road Transport (Working Time)Guidance go towww.dft.gov.uk/pgr/freight/road/workingtime/rdtransportworkingtimeguidance



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Annual leave It is clear that many employers who are alreadycovered by the Working Time Directive still do notunderstand the law or are breaking it deliberately.Some 6 million workers have already gained extraholidays from the directive, but official statisticssuggest that three-quarters of a million non-unionworkers are not getting what they are due. Tradeunions will also want to negotiate to ensure thatpublic holidays are extra to the four weeks’ annualleave in the new regulations.

Keep up to date with the latest TUC guidance onworking time at www.tuc.org.uk/h_and_s/index.cfm?mins=344and www.tuc.org.uk/work_life/index.cfm


Department for Business, Enterprise and RegulatoryReform� Guide to the Working Time Regulationswww.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/index.htm

Department for Transportwww.dft.gov.uk/pgr/freight/road/workingtime/rdtransportworkingtimeguidance

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 83: Drop Dead – Overwork� No. 81: Give us a Break! Toilet Breaks Campaign� No. 78: Get a Life! Work–life Balance� No. 69: Not What We Bargained For: ChangingWorkplaces� No. 49: Overwork: Fatigue, Long Hours andPressure� No. 34: Working Hours and Health


Hazards magazine website Excellent news and resources on the HazardsWorked to Death and Get a Life web resource pagesat www.hazards.org/workedtodeath/index.htm andwww.hazards.org/getalife/index.htm

HSE websiteUseful resources on the HSE web page atwww.hse.gov.uk

Labour Research Department (see Section 6 forcontact details)� Carers in the Workplace: a Guide to NegotiatingFlexible Working and Leave £4.90� Work–Life Balance £3.30� Working Time – a Guide to the Regulations £4.25

London Hazards Centre (see Section 6.2 for contactdetails)� Working Time: Part 1www.lhc.org.uk/members/pubs/factsht/60fact.htm� Working Time: Part 2www.lhc.org.uk/members/pubs/factsht/61fact.htm� Stress, Ill Health and Hazardous EmploymentPracticeswww.lhc.org.uk/members/pubs/books/hl/hl_toc.htm

TUC (see Section 6.1 for contact details)� workSMART ‘It’s about time’ web page withlegal summaries; a chance to tell your stories aboutworking time; detailed questions and answers and soon www.worksmart.org.uk/itsabouttime/� TUC work/life balance web pages with researchand campaign materialswww.tuc.org.uk/work_life/index.cfm� TUC working time and health and safety webresource pagewww.tuc.org.uk/h_and_s/index.cfm?mins=344� Why Employers’ Organisations Are Wrong AboutThe 48-hour Weekwww.tuc.org.uk/economy/tuc-9971-f0.cfm � Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on working time.The website addresses of all trade unions are on theTUC website at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on workingtime. The RMT has produced a summary of theRoad Transport (Working Time) Regulations atwww.rmt.org.uk/Templates/Internal.asp?NodeId=96775


BASIC FACTS ABOUT WORKPLACEHEALTH, SAFETY AND WELFARETemperature, humidity, ventilation and lighting areall major determinants of comfort in the workplace.Yet conditions in workplaces are often unsatisfactoryand result in harmful health effects for workers.

The 2008 TUC safety representatives survey found thatalmost one in three (29 per cent) safety representativescited high or low temperatures as one of their topconcerns. Many workers face extremes of temperature.Examples include those working outdoors, work in coldstores, working near bakery ovens or furnaces. But allworkers can experience problems because of hot or coldtemperatures. People will complain of discomfort if theheating cannot cope in cold weather or if ventilation isbad when it is hot. Working in the wrong temperaturecan mean loss of concentration, irritability, tiredness,discomfort and increased accident risks. Too much heatcan cause fatigue, dehydration, dizziness and fainting,heat stress and ultimately heat stroke. Cold temperaturesaffect dexterity and mobility and may increase physicaland visual strain, fatigue, and other problems for peoplewith muscular pain, arthritis and heart conditions. In2009, the TUC relaunched its campaign for a maximumtemperature at work.

Many office workers have complained for years thatthe building that they work in is causing them ill health.Self-reported work-related illness surveys havepreviously shown that between 2,000 and 15,000 officeworkers suffer from ‘sick building’-type symptoms. Theybelieved that the symptoms were caused by their indoorworking environment or indoor lighting at work.

Similarly seating, room dimensions and space, andcleanliness are all factors that are important toworkers but are often neglected by employers. It is asimilar story when it comes to basic safety features.More than a third of all major injuries reported eachyear are caused as a result of a slip or trip. Slips ortrips are the most common cause of non-fatal majorinjuries in both manufacturing and service industries.The 2008 TUC safety representatives survey foundthat more than four in ten (42 per cent) safetyrepresentatives cited slips, trips and falls from the levelor from a height as one of their top concerns (seeChapter 37 above for full details on slips and trips).

Despite laws relating to seating, a TUC-backedHazards survey of UK union health and safety officersin 2005 found widespread problems from standing atwork. Unions representing shopworkers, teachers,library staff, production line workers, bank workers,warehouse staff, museum workers, school supervisors,

train drivers, printers, hospitality and casino workersand engineers all reported standing-related healthproblems experienced by their members.

Welfare facilities are necessary for the well-being ofworkers, but many workers complain that they are notprovided with some of the basic requirements such as:

� washing and toilet facilities

� rest and changing facilities

� somewhere clean to eat and drink during breaksA joint TUC–Hazards campaign has identified thatsome workers are being denied the opportunity to usethe toilet during working time. Hazards issue No. 81referring to a survey of more than 1,000 staff, foundthat more than half (54 per cent) of British workers aretoo busy to take toilet breaks. The Ex-Lax sponsoredresearch also found one in four was put off by thecondition of workplace bathrooms, with almost one infive (18 per cent) saying there was not enough privacy.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLThere are a number of laws that apply to workplacehealth, safety and welfare. See the following chaptersin this book:


� Health and Safety at Work etc. Act 1974 –Chapter 12, dealing with the general duties ofemployers and employees under Sections 2–9.Generally, the employer has a duty to ensure thehealth, safety and welfare of employees. People incontrol of non-domestic premises have a duty underSection 4 of the Act towards people who are nottheir employees but use the premises

� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with the obligationsplaced on employers to make suitable and sufficientassessments of risks to their employees. They mustalso make arrangements for the health and safety ofemployees by effective planning, organisation,control, monitoring and review. Particular accountshould be taken of risks to new and expectantmothers. And risk assessments must take account ofthe provisions of the Workplace (Health, Safety andWelfare) Regulations 1992 (see below)

� Reporting of Injuries, Diseases and Dangerous

SECTION 4 CHAPTER 45 – WORKPLACE HEALTH, SAFETY AND WELFARE

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Workplace health,safety and welfare45



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Occurrences Regulations 1995 – Chapter 49, whereemployers must notify their enforcing authority inthe event of an accident at work to any employeeresulting in death, major injury or incapacity fornormal work for three or more days

� Work at Height Regulations 2005 – summarisedin Chapter 37

� Confined Spaces Regulations 1997 – summarisedin Chapter 22

WORKPLACE (HEALTH, SAFETY AND WELFARE)REGULATIONS 1992 (AS AMENDED)

The Workplace (Health, Safety and Welfare)Regulations 1992 expand on the duties under theHealth and Safety at Work etc. Act 1974. TheseRegulations aim to ensure that workplaces meetthe health, safety and welfare needs of all membersof a workforce, including people with disabilities.

Interpretation (Regulation 2 and Guidance paragraphs 2–7)“Workplace” means any premises or part of premiseswhich are not domestic premises and are madeavailable to any person as a place of work. It includesany place within the premises to which a person hasaccess while at work, and any room, lobby, corridor,staircase, road or other place used as a means ofaccess to or egress from that place of work or wherefacilities are provided for use in connection with theplace of work other than a public road. Amodification, conversion or extension is part of aworkplace only when completed.

“Premises” means any place, including an outdoorplace but the Regulations do not apply tohomeworkers or “domestic premises” (whichmeans a private dwelling). The Regulations doapply to hotels, nursing homes and to parts ofworkplaces where ‘domestic’ staff are employed,such as the kitchens of hostels.

Workers with Disabilities (Regulation 2(3) and Guidanceparagraph 4)Workplaces must meet the needs of all those who workin them, including workers with a disability. Several ofthe Regulations require things to be “suitable”, whichmakes it clear that such things as traffic routes,facilities, and workstations used by people withdisabilities should be suitable for them to use.

Application of Regulations (Regulation 3)The Regulations do not apply to:

� ships

� building operations or works of engineeringconstruction

� workplaces for exploration or extraction ofmineral resources

� most means of transport

� agricultural or forestry workplaces which areoutdoors and are away from the undertaking’smain buildings

Responsibilities of employers (Regulation 4)Employers have a duty to ensure that workplacesunder their control comply with the Regulations.People other than employers also have dutiesunder the Regulations if they have control, to anyextent, of a workplace.

Maintenance (Regulation 5)The workplace and the equipment, devices andsystems must be maintained in an efficient state, inefficient working order and in good repair. Whereappropriate, they must be subject to a suitablesystem of maintenance.

Ventilation (Regulation 6)Effective and suitable provision should be madefor enclosed workplaces to be ventilated by asufficient quantity of fresh or purified air.

Temperature (Regulation 7)During working hours, a reasonable temperaturemust be maintained inside buildings. Methods ofheating and cooling should not result in the releaseof injurious or offensive fumes, gas or vapour. Asufficient number of thermometers must beprovided to enable workers to determine thetemperature in any workplace inside a building. Aworkplace has to be adequately thermally insulatedand excessive effects of sunlight on temperatureshould be avoided.

Lighting (Regulation 8)Every workplace should have suitable andsufficient lighting, and it should be natural, so faras is reasonably practicable. Emergency lightingmust be provided where lighting failure wouldexpose persons at work to danger.

Cleanliness (Regulation 9)Workplaces and the furnishings, furniture andfittings must be kept sufficiently clean. Thesurfaces of the floors, walls and ceilings of allworkplaces inside buildings should be capable ofbeing kept sufficiently clean. So far as is reasonablypracticable, waste materials should not be allowedto accumulate, except in suitable receptacles.

Room dimensions and space (Regulation 10)Rooms where persons work should have sufficientfloor area, height and unoccupied space. Workplacesin existence when the Regulations came into effectthat were previously covered by the Factories Acthave to comply with certain requirements laid downin Schedule 1 (Part I) of the Regulations.



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Workstations and seating (Regulation 11)Every workstation should be suitable for anyperson at work likely to use it, and suitable for thework likely to be done there. A workstation shouldbe arranged so that:

� as far as is reasonably practicable, it providesprotection from adverse weather

� it enables people to leave it quickly

� it ensures that any person is not likely to slip orfall

A suitable seat must be provided for each personwhose work allows that kind of work (or asubstantial part of it) to be done sitting. The seatmust be suitable for the person for whom it isprovided and must have a footrest wherenecessary.

Floors and traffic routes (Regulation 12)Every floor and the surface of every traffic route ina workplace:

� must be suitable for the purpose

� should not expose persons to risks by havingholes (unless there are adequate measures toprevent falling) or slopes (account should be takenof handrails) or being uneven or slippery

� should have effective means of drainage

� so far as is reasonably practicable, be kept freefrom obstructions and articles and substanceslikely to cause slips, trips or falls

Handrails and, if appropriate, guards must be providedon traffic routes which are staircases, except where ahandrail would obstruct the traffic route.

Falls or falling objects (Regulation 13)Regulations 13(1)–13(4) as regards falling fromheights and being struck by falling objects havebeen revoked and replaced by the new Work atHeight Regulations 2005 (see Chapter 37 aboveand www.opsi.gov.uk/si/si2005/20050735.htm).

So far as practicable, tanks, pits or structures ortraffic routes over them must be securely coveredand fenced, where there is a risk of a person fallinginto a dangerous substance.

Windows (Regulations 14–16)Windows or other transparent or translucentsurfaces in a wall or partition or in a door or gateshould be:

� of safety material or protected against breakage

� appropriately marked or incorporate features tomake it apparent

Persons opening, closing or adjusting windows,skylights or ventilators should not be exposed to

risks while doing any of these tasks. Windows,skylights or ventilators should not bepositioned where people are likely to collidewith them.

All windows and skylights must be designed andconstructed so that they can be cleaned safely.Equipment used in conjunction with the windowor skylight or devices fitted to the building, can betaken into account in deciding whether design andconstruction is safe.

Traffic routes (Regulation 17)Every workplace must be organised in such a waythat pedestrians and vehicles can circulate in a safemanner. Traffic routes must be suitable for thepersons or vehicles using them, sufficient innumber, in suitable positions and of sufficient size.Measures should be taken to ensure that:

� pedestrians or vehicles using a traffic route donot cause danger to the health and safety ofpersons at work near it

� there is sufficient separation of any traffic routefrom pedestrian doors leading on to it

� where vehicles and pedestrians use the sametraffic route, there is sufficient separation betweenthem

� traffic routes should be suitably indicated

Doors and gates (Regulation 18)Doors and gates must be suitably constructed andfitted with necessary safety devices. In particular:

� any sliding door or gate should have a device toprevent it coming off its track during use

� any upward opening door or gate has a device toprevent it falling back

� any powered door or gate has suitable andeffective features to prevent it causing injury bytrapping any person

� any powered door or gate should be capable ofbeing operated manually unless it opensautomatically if the power fails

� any door or gate which can be pushed fromeither side should when closed provide a clear viewof the space close to both sides

Escalators (Regulation 19)Escalators and moving walkways must:

� function safely

� be equipped with necessary safety devices

� be fitted with one or more easily identifiable andreadily accessible emergency stop controls



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Toilets (Regulation 20)Suitable and sufficient sanitary conveniences must beprovided at readily accessible places. In particular:

� rooms containing them should be adequatelyventilated and lit

� they and the rooms containing them should bekept in a clean and orderly condition

� separate rooms containing conveniences shouldbe provided for men and women

Workplaces in existence when the Regulations cameinto effect that were previously covered by theFactories Act have to comply with certain requirementslaid down in Schedule 1 (Part II) of the Regulations.

Washing facilities (Regulation 21)Suitable and sufficient washing facilities, includingshowers if required by the nature of the work or forhealth reasons, must be provided at readily accessibleplaces. In particular, washing facilities must:

� be provided in the immediate vicinity of everysanitary convenience

� be provided in the immediate vicinity of anychanging rooms required by these regulations

� include a supply of clean hot and cold, or warm,water

� include soap or other suitable means of cleaning

� include towels or other suitable means of drying

� be sufficiently ventilated and lit

� be kept in a clean and orderly condition

� be separate for men and women except wherethe door is capable of being secured and can onlybe used by one person

Drinking water (Regulation 22)An adequate supply of wholesome drinking watermust be provided and:

� be readily accessible at suitable places

� conspicuously marked

� have an adequate supply of suitable cups ordrinking vessels, unless there is a drinking jet

Accommodation for clothing (Regulation 23)Suitable and sufficient accommodation must beprovided for:

� a person’s clothing which is not worn duringworking hours

� special clothing used at work which is not takenhome

In particular, the facilities should:

� be secure

� include separate accommodation for clothingworn at work and other clothing

� allow provision for drying clothing, as far as isreasonably practicable� be in a suitable location

Facilities for changing clothing (Regulation 24)Sufficient and suitable facilities must be providedfor any person at work in the workplace to changeclothing where:

� the person has to wear special clothing for thepurpose of work, and

� the person cannot, for reasons of health orpropriety, be expected to change in another room

Suitable facilities must include separate facilities, orseparate use of facilities, by men and women. Thefacilities should be easily accessible, of sufficientcapacity and provided with seating.

Facilities for rest and to eat meals (Regulation 25)Suitable and sufficient rest facilities must beprovided at readily accessible places. Rest facilitiesmust include suitable facilities to eat meals wherefood eaten in the workplace would otherwise belikely to become contaminated. In addition:

� rest rooms and rest areas shall include suitablearrangements to protect non-smokers fromdiscomfort caused by tobacco smoke

� rest rooms and rest areas shall be equipped withan adequate number of tables and adequate seatingwith backs

� rest rooms and rest areas shall be equipped withseating which is adequate for the number ofdisabled persons at work and suitable for them

� suitable facilities should be provided for anyperson at work who is a pregnant woman ornursing mother to rest

� suitable and sufficient facilities must be providedfor persons at work to eat meals where meals areregularly eaten in the workplace

Disabled persons (Regulation 25 A)Where necessary, those parts of the workplace(including in particular doors, passageways, stairs,showers, washbasins, lavatories and workstations)used or occupied directly by disabled persons atwork shall be organised to take account of suchpersons.



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Checklist

For workplace health, safety and welfare

1. Temperature, humidity and ventilation

1. One way to identify a problem is by talking to yourmembers or doing a survey. This may also build theirsupport for solving the problem. You could ask them:

� do they find it too hot or too cold at work?

� does this happen at a particular time of year?

� do they notice any draughts at work?

� are there any problems with heating/cooling systems?

� do they suffer regularly from colds, catarrh, coughs, sorethroats?

� do they find the air too dry?

2. Make an inspection of temperatures and heating andcooling systems. Many workplaces can be too cold forcomfortable working, particularly in winter. What is theaverage temperature in your workplace and is there athermometer available to measure it? Are there anymeans of checking the relative humidity?

3. Is the atmosphere hazy, oily or fume and dust laden? If so:

� are there sufficient air movements by general ventilation(windows, doors, vents)?

� is any provision made for mechanical ventilation by fans,exhaust ventilation or other air-cleaning equipment?

� are there maintenance and cleaning programmes forventilation equipment?

4. Draw up a list of the main problems with heating andventilation, hot work and cold work and humidity levels.

5. Draw up a leaflet about temperature, ventilation andhumidity problems to start off discussions withmembers.

6. Prepare a draft agreement on temperature control,ventilation and humidity requirements for your workplace.

7. Prepare a report for management. Set out your aims anda plan of action on temperature, ventilation and humidityproblems.

2. Lighting

1. Draw up a checklist to help inspect the lighting at yourworkplace.

2. Talk to members and ask them:

� do they suffer eyestrain or headaches at work?

� do they think the lighting is adequate? If not, what arethe problems?

� is the light adequate for special jobs such as cleaningand maintenance?

3. Look at accident records and sickness records. Could anyaccidents or illnesses be linked to problems with lighting?

4. Ask management to provide a lightmeter as part of yourfacilities for conducting inspections. Check light levelswith the meter.

5. If management has ever arranged for a light survey, askfor a copy using your information rights under the SRSCRegulations 1977.

6. Make a list of all the areas in and around the workplacewhere the lighting seems inadequate. Include workareas, corridors, stairs, stores, yards and car parks.

7. Does management have any policy or plannedprogramme for maintaining and cleaning light fittings,and replacing bulbs and tubes?

8. Draw up proposals to put to management to improvelighting in your own workplace. These could coverlighting surveys, design of lighting, amount of light,decor, maintenance and cleaning.

3. Sick building syndrome

1. The main factors that appear to contribute to symptomsof sick building syndrome are ventilation, temperatureand air movement, humidity, airborne pollution,biological contamination and work-related stress. Usethe contents of this chapter to draw up a checklist tohelp you to inspect your workplace.

2. Carry out a survey of members to find out if they sufferfrom symptoms of sick building syndrome.

3. Look at accident records and sickness records. Could anyillnesses be linked to problems with sick building syndrome?

4. Obtain relevant information from management usingyour information rights under the SRSC Regulations 1977.

5. Draw up proposals with your members to put tomanagement for remedial action to be taken.

4. Cleanliness

1. How often are walls, floors, ceilings and work areascleaned? Who is responsible for cleaning? How oftenand when is it carried out?

2. Are dirt and refuse allowed to accumulate in work areas?What arrangements are there for disposal? How oftenare dirt and refuse removed?

3. Do dirt and refuse present special hazards (hazardousdust, toxic or flammable waste)?

4. How are hazardous wastes disposed of?

5. Are there higher standards of cleanliness in areas such asthose used for food storage, preparation and eating, healthservice premises and processes using toxic materials?



HAZARDS AT WORK 279

5. Space

1. Carry out an inspection to see if there is adequate spaceprovided in all work areas.

2. Carry out a survey of members to find out if they thinkthey have sufficient space in their work area.

Are there 11 cubic metres provided per person?

3. Does the amount of equipment and furniture in theworkplace mean that more than 11 cubic metres perperson is required?

4. How can the work layout be improved?

5. Are there systems in place that ensure health and safetyrepresentatives are consulted over proposed changes toworkplace layout?

6. Seating

The HSE recommends simple basic checks to ensure thatseating is safe and suitable when choosing new seating andwhen assessing existing seats:

� is the chair comfortable for the intended period of use?

� is the lower back adequately supported?

� is the upholstery sufficiently supportive and comfortable?

� are edges sufficiently padded and shaped to preventuncomfortable pressure on the thighs?

� does the chair have adequate types and ranges of adjustment?

� is the height adjustable to allow work to be carried outat or below elbow height?

� does the backrest adjust sufficiently in height and depthto allow the user to gain support?

� are armrests suitable for the task and workstation?

� do armrests allow the user to bring the chair far enoughforward?

� do armrests allow adequate arm movement?

� are footrests required, and if so are they suitable?

� are there special requirements for a chair at thisparticular workstation?

� are there special user requirements?

� are there special task requirements?

See the HSE guide Seating at Work at www.hse.gov.uk forfull details.

7. Traffic routes

1. Carry out an inspection to see if the workplace isorganised so that pedestrians and vehicles can move in asafe manner.

2. Are people separated from vehicles?

3. Carry out a survey of members to find out if they thinkthat there are problems with vehicles in the workplace.

4. Are there systems in place that ensure health and safetyrepresentatives are consulted over proposed changes toworkplace layout?

8. Sanitary conveniences, washing facilities anddrinking water

1. Are adequate numbers of lavatories and urinals providedfor both sexes?

2. Are the facilities:

� easily accessible?

� properly ventilated?

� private?

� regularly cleaned?

� well maintained?

3. Who is responsible for lavatories and washing facilities?

4. Are disposal facilities for sanitary protection provided?

5. Is there an adequate supply of soap, cleansing agents,hand creams (where necessary) and hand drying facilities?

6. Are baths or showers provided?

7. Is a supply of drinking water accessible?

9. Accommodation and facilities for clothing

1. Are storage facilities provided?

2. Do workers have to change into special work clothing?If so are facilities provided?

3. Are facilities provided for drying wet clothing?

4. Are facilities adequate – a cupboard or locker for eachperson? Are they big enough?

5. Who is responsible for cloakrooms and changing rooms?

10. Facilities for rest and to eat meals

1. Are the facilities for rest and eating meals adequate?

2. Are disabled workers catered for adequately?

3. Are pregnant women and nursing mothers catered foradequately?

4. What is the employer’s policy on consumption of foodand drinks in working areas?

5. Are there areas where contamination means food anddrink should not be consumed?

6. What food hygiene standards apply to food preparation,storage and serving areas? Have staff been adequatelytrained?

7. Is the responsibility for cleaning, rest and eating facilitiesclearly allocated?


WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle workplace health, safety and welfare. Safetyrepresentatives should check that their employer isobserving their responsibilities under the Workplace(Health, Safety and Welfare) Regulations 1992 (asamended) and the Management of Health and Safetyat Work Regulations 1999.

Involving membersSafety representatives can identify if there is a problemwith workplace health, safety and welfare by:

� using posters and leaflets to bring up workplacehealth, safety and welfare with members, and takethe opportunity of discussing it with them to see ifthey think that there are any problems

� carrying out a survey, body mapping and riskmapping with workers that may be affected

� doing a special inspection using the inspectionchecklists above

� doing a special inspection that concentrates onthe information provided and the health and safetytraining of workers, and examines accident and illhealth statistics


Risk assessmentsSafety representatives should ask for copies of therisk assessments that the employer has done toensure that they are preventing and controllingworkplace health, safety and welfare hazards, andmake sure that their employer is consulting themfully. Risk assessments must take account of theprovisions of the Workplace (Health, Safety andWelfare) Regulations 1992. Where control measuresare in place then safety representatives should checkthat they are being adhered to and maintained andalso that they are effective in preventing injuries, illhealth and welfare problems.

Safety policiesSafety representatives can also monitor theemployer’s safety policy and systems of workregarding workplace health, safety and welfare, andcheck that:

� there are competent personnel dealing withworkplace health, safety and welfare, and that theyobtain expert advice when necessary from the HSEor reputable consultants

� there is consultation ‘in good time’ aboutworkplace health, safety and welfare, aboutarrangements for the appointment of competentpeople and for training and information



British Standards Institution (BSI) (see Section 6.5 forcontact details)The national standards body in the UK, with manystandards for work equipment www.bsi.org.uk

Chartered Institution of Building Services EngineersProviding services such as lighting, heating,ventilation, air conditioning, public health systemsand lifts www.cibse.org/


Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 91: Standing Problem� No. 89: Workers’ Health Information� No. 81: Give Us a Break! Toilet BreaksCampaign� No. 56: Ergonomics: Making the Job Fit� No. 46: Pregnancy at Work� No. 44: Risk Assessment: No Hazard, No Risk� No. 30: Sick Building Syndrome


Hazards magazine website � Excellent news and resources on the Hazards webresource page at www.hazards.org� Toilet break campaign on the Hazards webresource page at www.hazards.org/toiletbreaks/index.htm

HSE priced and free publications on workplace health,safety and welfare� For all the latest documents containing generalstandards and guidance on workplace health, safetyand welfare, go to the HSE web page:www.hse.gov.uk/pubns/whswindx.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE web page on workplace health, safety andwelfareThe HSE has a specific web page which draws


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together HSE information on workplace health,safety and welfare in one place atwww.hse.gov.uk/smallbusinesses/must/welfare.htm

London Hazards Centre (see Section 6.2 for contactdetails)� Air, light and temperature factsheetwww.lhc.org.uk/members/pubs/factsht/47fact.htm� Indoor workplace air pollution factsheetwww.lhc.org.uk/members/pubs/factsht/58fact.htm� Workplace health, safety and welfare factsheetwww.lhc.org.uk/members/pubs/factsht/48fact.htm

TUC (see Section 6.1 for contact details)� The TUC calls for maximum workplacetemperatures www.tuc.org.uk/h_and_s/tuc-5385-f0.cfm� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on slips and trips.The website addresses of all trade unions are on theTUC website at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on workplacehealth, safety and welfare. For example, UNISONprovide an information sheet on overcrowding atwww.unison.org.uk/acrobat/B1286.pdfBFAWU has produced a guide to workplacetemperature at www.bfawu.org/health-temperature.htm USDAW has produced tackling heat stress guidance atwww.usdaw.org.uk/getactive/resource_library/files/RLF291/KeepYourCool291.pdfUCU has a short inspection checklist on temperatureand ventilation atwww.ucu.org.uk/media/docs/0/a/hsfact_temp_vent.doc


SECTION 4 CHAPTER 46 – WORK-RELATED UPPER LIMB DISORDERS (RSI)

HAZARDS AT WORK282

BASIC FACTS ABOUT WORK-RELATEDUPPER LIMB DISORDERSAccording to the HSE atwww.hse.gov.uk/msd/msdprogramme.htm#uld the termupper limb disorders (ULDs) is used as an umbrellaterm for a range of disorders of the hand, wrist, arm,shoulder and neck. It covers those conditions, withspecific medical diagnoses (e.g. frozen shoulder,carpal tunnel syndrome), and other conditions (oftencalled repetitive strain injury or RSI) where there ispain without specific symptoms. Symptoms mayinclude pain, swelling and difficulty in moving. Theworst cases can result in permanent disablement ifno action is taken. ULD cases can also meanproduction losses and compensation claims foremployers.

The HSE uses the term ULDs instead of RSIbecause they say that RSI does not cover all ULDs.The TUC prefers to use the term RSI. However, theterms ULDs and RSI will be used interchangeablythroughout this chapter.

The HSE summarises the statistics on upper limbdisorders from the self-reported figures collected bythe Labour Force Survey (LFS). The summaries areavailable atwww.hse.gov.uk/statistics/causdis/musculoskeletal/uln.htmThese summaries contain links to the actual datatables for those who want more information.Broadly, the summaries show that:

� In 2007/08, an estimated 213,000 people in GreatBritain who had worked in the last year believedthey were suffering from a musculoskeletal disordermainly affecting the upper limbs or neck that wascaused or made worse by their current or past work,according to the LFS. This equates to 700 per100,000 people (0.7 per cent) in Great Britain whoworked in the last 12 months.

� Of these, over a third, 81,000 people, firstbecame aware of their work-related musculoskeletaldisorder mainly affecting the upper limbs or neck inthe previous 12 months. This equates to anestimated 270 per 100,000 people (0.27 per cent)with a new work-related musculoskeletal disordermainly affecting the upper limbs or neck in thisperiod.

� This incidence rate is statistically significantlylower than in 2006/07, but of a similar order toother years over the period 2001/02 to 2005/06.

� The LFS shows that an estimated 2.8 million

working days (full-day equivalent) were lost in2007/08 through musculoskeletal disorders mainlyaffecting the upper limbs or neck caused or madeworse by work. On average, each person sufferingtook an estimated 13.3 days off in that 12 monthperiod.

� The number of days lost per worker in 2007/08was of a similar order to the two previous years, butstatistically significantly lower than in each of2001/02, 2003/04 and 2005/06.

Although detailed analysis from the 2007/08 LabourForce Survey is not yet available, the followingfigures from the 2006/07 survey show that:

� The prevalence of self-reported work-relatedupper limb or neck disorders for both men andwomen was of a similar order. For both genders, theage group carrying the highest rate was the oldestworking age group (55–64 years for men and 55–59years for women).

� There were no statistically significant differencesbetween countries in the prevalence rates, but therewere some regional differences, with the South Westhaving a statistically significantly higher prevalencerate than England and the South East having astatistically significantly lower prevalence rate.

� Construction, health and manufacturingindustries carried statistically significantly higherprevalence rates compared with the average for allindustries. Certain occupational groups within theseindustries such as process, plant and machineoperatives, skilled construction and building tradesand health and social welfare workers have thehighest rates.

� Small workplaces had a statisticallysignificantly lower prevalence rate than mediumand large.

According to the HSE, musculoskeletal disorders(MSDs) are the most common cause of occupationalill health in Great Britain, currently affecting 1million people a year and costing society £5.7 billion(www.hse.gov.uk/msd/mac/index.htm). MSDs affect themuscles, joints, tendons and other parts of themusculoskeletal system. For full details see the HSEweb page on MSDs at www.hse.gov.uk/msd.

In February 2007, HSE figures analysed by theLabour Research Department for the Chartered

Work-related upperlimb disorders (RSI)46



HAZARDS AT WORK

Society of Physiotherapy (CSP) showed that the jobswhere workers are most likely to get RSI are:

� metal, plastics, textile and other plant andmachine workers (1.1 per 100 workers)

� bricklayers, plumbers, carpenters and others inskilled trades (0.91 per 100 workers)

� nurses, journalists and IT technicians, inassociated professional and technical occupations(0.76 per 100 workers)

For full details, go towww.csp.org.uk/director/newsandevents/news.cfm?item_id=E5D4E98EBFFE07B4E99F1A35C1DC4285

In the 2008 TUC safety representatives survey,safety representatives identified MSDs as a majorproblem. Back strains were identified by 31 per centof all safety representatives, repetitive strain injuries(RSI) by 40 per cent, while 13 per cent identifiedhandling heavy loads. Back strains caused particularproblems in the health service (47 per cent),distribution, hotels and restaurants (67 per cent) andleisure services (31 per cent). An earlier TUC surveyrelating to the experience of women at work foundout what workplace health and safety problemswomen suffer from and what were their priorities.In all, 53 per cent said that RSI was a problem forwomen.

Physical hazards causing ULDs are responsible fora heavy toll of suffering, much of it endured insilence and never fully reported. Thousands ofworkers have to leave their jobs each year andthousands more stay on only to suffer further. If ajob feels uncomfortable then it is probably doingharm. The aim is to fit the job to the worker, not theother way around.

RSIThe TUC uses RSI as the collective name to describea range of muscle and tendon conditions of the neck,shoulders, elbows, wrists, hands and fingers caused by:

� continuous, repetitive or pressurised finger, handor arm movements

� twisting movements

� squeezing

� hammering or pounding

� pushing, pulling, lifting or reaching movements

� awkward postures

Other names used to describe these conditionsinclude WRULDs (see above), Occupational OveruseSyndrome and Cumulative Trauma Disorders.

Symptoms include:

� pain in the fingers, wrists, arms or shoulders

� tenderness

� feeling of heaviness in the arms/wrists

� swelling

� tingling sensation at the fingertips

� numbness

� joint restriction

There are two main types of RSI – localisedconditions and diffuse conditions. Localisedconditions are where the symptoms are normallyconfined to a particular part of the body and areeasier to diagnose. Examples of localised RSIs areexplained in the London Hazards Centre tableoverleaf. Diffuse conditions are characterised bygeneral muscle discomfort, pain, burning andtingling. It is often difficult to determine the exactsite of the injury.

According to the RSI Hazards Handbook from theLondon Hazards Centre (seewww.lhc.org.uk/members/pubs/books/rsi/rsi_toc.htm), RSI isa progressive condition which can be divided intothree broad stages:

� Stage 1 (mild): with pain, aching and tiredness ofwrists, arms, shoulders, necks or legs during work,which improves overnight. This stage may last weeksor months, but is reversible

� Stage 2 (moderate): with recurrent pain, achingand tiredness occurring earlier in the working day,persisting at night and possibly disturbing sleep.Physical signs may be visible, such as swelling ofthe tendon areas. This stage may last for severalmonths

� Stage 3 (severe): with pain, aching, weakness andfatigue experienced even when the sufferer is restingcompletely. Sleep is often disturbed and the sufferermay be unable to carry out even light tasks at homeor work. This stage may last for months or years.Sometimes it is irreversible and the person never getsback full use of the affected part of their body

RSI is difficult to treat but it is important thattreatment begin as early as possible. If the conditionreaches the chronic stage, recovery may take yearsand it may be too late for a full recovery. The tradeunion priority is to prevent the injury occurring inthe first place.

The London Hazards Centre has produced atable of examples of localised RSIs which can befound at www.lhc.org.uk/members/pubs/books/rsi/ch03.htm#_Toc401417212 and which is reproducedoverleaf.

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LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROL

A considerable number of laws and regulations ofgeneral application apply to work-related upper limbdisorders. Duties can be found in the followingchapters of this book:



� Management of Health and Safety at WorkRegulations 1999 – Chapter 13, with the obligationsplaced upon employers to make suitable and sufficient

assessments of risks to their employees. They mustalso make arrangements for the health and safety ofemployees by effective planning, organisation, control,monitoring and review (see below)

� Health and Safety (Display Screen Equipment)Regulations 1992 – Chapter 25, where theRegulations seek to reduce the health and safetyrisks from using visual display units in theworkplace. Employers should: assess and reducerisks; provide breaks and changes of activity; providetraining and information; provide eye tests wherethese are appropriate; and ensure workstations meetminimum ergonomic requirements

� Manual Handling Operations Regulations 1992 –Chapter 32, where the Regulations seek to reducethe health and safety risks to employees fromhandling and lifting loads. They give advice on howto handle and move loads to prevent poor posture or

EXAMPLES OF LOCALISED RSIs (London Hazards Centre)

Injury Symptoms Typical causes

Bursitis: Inflamation of the soft pad of tissue between Pain and swelling at the site of Kneeling, pressure at the elbow,skin and bone or bone and tendon. Can occur the injury. repetitive shoulder movements.at the knee, elbow, shoulder. Called ‘beat knee’,‘beat elbow’ or ‘frozen shoulder’ at these locations.

Carpal tunnel syndrome: pressure on the nerves Tingling, pain and numbness in the Repetitive work with a bent wrist,which pass up the wrist. thumb and fingers, especially at use of vibrating tools.

night.

Cellulitis: infection of the palm of the hand following Pain and swelling of the palm. Use of hand tools, like hammersrepeated bruising. Called ‘beat hand’. and shovels, coupled with abrasion

from dust and dirt.

Epicondylitis: inflammation of the area where bone Pain and swelling. Repetitive work often from strenuousand tendon are joined. Called ‘tennis or golfer’s jobs like joinery, plastering,elbow’ when it occurs at the elbow. bricklaying. Common in meat packers.

Ganglion: a cyst at a joint or in a tendon sheath, Hard, small, round swelling, Repetitive hand movement.usually on the back of the hand or wrist. usually painless.

Osteoarthritis: damage to the joint resulting in Stiffness and aching in the spine Long-term overloading of the spinescarring at the joint and the growth of excess and neck, and other joints. and joints.bone.

Tendonitis: inflammation of the area where muscle Pain, swelling, tenderness and Repetitive movements.and tendon are joined. redness of hand, wrist, and/or

forearm. Difficulty in using the hand.

Tenosynovitis: inflammation of the tendons and/or Aching, tenderness, swelling, Repetitive movements, oftentendon sheaths. extreme pain, difficulty in using the non-strenuous. Can be brought on

hand. by sudden increase in workloador by introduction of new processes.

Tension neck or shoulder: inflammation of the Localised pain in the neck or Having to maintain a rigid posture.tendons. shoulders.

Trigger finger: inflammation of tendons and/or Inability to move fingers smoothly, Repetitive movements, having to griptendon sheaths of the fingers. with or without pain. too long, too tightly or too frequently.



HAZARDS AT WORK

injury, including handling while seated. This may beuseful to help assess jobs that are causing back painand might involve the use of repetitive work



� Reporting of Injuries, Diseases and DangerousOccurrences Regulations 1995 – Chapter 49, whereemployers must notify their enforcing authority inthe event of certain types of defined ULDs

Useful guidance can also be found in the HSEpublication Upper Limb Disorders in the Workplace,which outlines what ULDs are, what causes them andpreventive measures. The guidance stresses the need forrisk assessment, and for applying ergonomic principlesso that the job fits the worker rather than the otherway round. The guidance also makes it clear thatemployers should look at the principal risk factors:

� task-related – repetition, working postures, forceand duration of exposure

� worker-related – individual differences

� environment-related – working environment andpsychosocial factors

The HSE has produced online versions of its UpperLimb Disorders Risk Filter atwww.hse.gov.uk/msd/pdfs/riskfilter.pdf and RiskAssessment Worksheets atwww.hse.gov.uk/msd/pdfs/worksheets.pdf

WHAT CAN SAFETY REPRESENTATIVESDO?There are a number of positive steps that safetyrepresentatives can take to raise awareness andtackle problems to do with ULDs.

Identifying problemsSafety representatives can help to identify sources ofrisk, mobilise members and press employers to makeimprovements. Safety representatives can:

� carry out regular inspections

285

Checklist

RSI inspection

This checklist is taken from a UNISON information sheet

1. Does the work involve:

� awkward movements of hand, wrist, arm or shoulders?

� rapidly repeated movements?

� prolonged physical pressure, such as gripping orsqueezing?

� holding an uncomfortable position for a long time?

� too few breaks to allow muscles to recover?

� lack of variety of physical tasks?

� long hours or fast-paced work?

2. Are tools and equipment:

� too heavy?

� the wrong shape to be used comfortably?

� causing problems of vibration or noise?

� designed for men but used by women?

3. Are workstations and work areas:

� too high or too low?

� not adjustable for individual users?

� noisy or poorly lit?

4. Is training:

� adequate?

� not provided for all employees, especially those who arenew to the work?

� not provided when there is a change in equipment ormethods of working?

� provided but does not include risks and ways of avoidingRSI?

5. Are problems:

� ignored?

� not reported to management?

� not reported in writing (preferably in the accident book)?

Depending on the problem areas you have identified, thefollowing measures will help to prevent RSI:

� redesign equipment and/or tools

� change the way the work is done

� redesign work area or work station

� reduce the pace of work

� introduce rest breaks and more variety of tasks, and/or

� training to include risks and safer methods of work

The full UNISON information sheet on RSI can be found atwww.unison.org.uk/acrobat/B179a.pdf



HAZARDS AT WORK286

� look critically at all work operations

� make a list of all such tasks

� circulate a short questionnaire to members

� try out body mapping with members. Ask them tostick small labels on large outlines of the body thatyou can draw on a chart. Ask them to stick the labelswhere their own job is making them sick or hurt

� look at the accident book and sickness records. Isthere absence associated with ULDs?

� do a special inspection using the inspectionchecklist below

� rank the problems identified in terms of priorityand work out which to tackle first

Having assessed the size of the problem, safetyrepresentatives should make a written report anddiscuss this with fellow members. Decide onpriorities for risk assessments to be carried out.Safety representatives should report their concernsand those of their members to management inwriting. Use Chapter 7 above for ideas on how youcan make sure that management gets things done.

Upper limb disorder risk assessments Safety representatives and workers should beinvolved in the risk assessment process, and usesome of the following points:

� check that all tasks/operations have been covered,including work done away from the employer’s premises

� where a range of problems has been found, try toagree priorities for action, with an agreed timetablefor improvements

� assessment is not an end in itself. The value of anassessment is to identify areas which needimprovement to make work safer

� be prepared to show that ULDs are likely and willcause pain and disablement if preventive measures arenot taken. When cost is an issue, point out that ULDscost employers money in lost working time, paymentsfor sick leave and job cover; loss of trained andexperienced staff; and successful compensation claims

� tackling problems with ULDs is rarely a one-offexercise. It requires a sustained campaign with short-,medium- and long-term objectives

� safety representatives have a right to informationabout new processes, including proposed workplacelayouts. Involvement at the design stage gives thechance to eliminate problems before a new machineprocess or work system is installed

� whenever ability among men or women appearsto be a limiting factor, make sure they are notbanned from such work but that the work ismodified to suit their abilities

� when changes occur in a worker’s health, either

permanently or temporarily, work should be suitablyadapted or they should be allocated alternative workwithout loss of pay

� the effect of ULDs on women’s health is oftenunderestimated or ignored because men appear to behandling heavier loads. The injurious effects ofrepeated handling on muscles, joints and ligamentstend to be gradual and cumulative


Employers have a duty to conduct riskassessments and implement protective andpreventive measures taking account ofergonomic principles. Provisions in the 1999Regulations that are important for upper limbdisorders are reproduced below.


� Identifying measures needed to comply withlegal requirements


� Recording the assessment where there are fiveor more employees

� Implementing preventive and protectivemeasures using ergonomic principles, asdescribed below.


� avoiding risks



� adapting the work to the individual, especiallyas regards the design of workplaces, the choiceof work equipment and the choice of workingand production methods, with a view, inparticular, to alleviating monotonous work andwork at a predetermined work-rate and toreducing their effect on health


� replacing the dangerous by the non-dangerousor the less dangerous

� developing a coherent overall preventionpolicy which covers technology, organisation ofwork, working conditions, social relationshipsand the influence of factors relating to theworking environment

� giving collective protective measures priorityover individual protective measures

� giving appropriate instruction to employees



HAZARDS AT WORK 287

Safety policiesSafety representatives can also monitor theemployer’s safety policy and systems of workregarding ULDs, and check that:

� there are competent personnel dealing withULDs, and that they obtain expert advice whennecessary from the HSE or reputable consultants

� there is consultation ‘in good time’ about work withrisks of ULDs about arrangements for the appointmentof competent people and for training and information

� where there is any potential risk, their employerhas given all their workforce appropriate trainingand information


Equality and Human Rights Commission (EHRC)For contact details see Section 6.3

Ergonomics SocietyNews, resources and registered consultancies at www.ergonomics.org.uk

Hazards magazine factsheets (see Section 6.2 forcontact details)� No. 83: Drop Dead: Overwork� No. 68: Europe Under Strain� No. 61: Body Mapping� No. 56: Ergonomics: Making the Job Fit� No. 46: Pregnancy and Work� No. 45: Visual Display Units� No. 44: Risk Assessment: No Hazard – No Risk� No. 38: Strain Injuries and Work


Hazards magazine website � Excellent news and resources on the Hazardsweb resource page at www.hazards.org and thecomputer workstations web page atwww.hazards.org/workstations/index.htm� International RSI Awareness Day resources atwww.hazards.org/campaigns/campaigns.htm#international

HSE priced and free publications on upper limbdisorders� For all the latest documents containing generalstandards and guidance on ULDs, go to the HSE

web page: www.hse.gov.uk/msd/information.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE upper limb disorders risk assessment worksheetwww.hse.gov.uk/msd/pdfs/worksheets.pdf

HSE upper limb disorders risk filterwww.hse.gov.uk/msd/pdfs/riskfilter.pdf

HSE upper limb disorders websiteThe HSE has a specific web page which drawstogether HSE information on upper limb disordersin one place atwww.hse.gov.uk/msd/msdprogramme.htm#uld

Labour Research Department (see Section 6.2 forcontact details)� Pain at Work: an LRD Guide to MusculoskeletalDisorders £4.50� Women’s Health and Safety £4.75� Rehabilitation: a Trade Unionist’s Guide £3.15

London Hazards Centre (see Section 6.2 for contactdetails)RSI Hazards Handbookwww.lhc.org.uk/members/pubs/books/rsi/rsi_toc.htm

TUC (see Section 6.1 for contact details)� The TUC RSI web pagewww.tuc.org.uk/h_and_s/index.cfm?mins=397� No progress on RSI at workwww.tuc.org.uk/h_and_s/tuc-16047-f0.cfm� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many trade unions provide guidance on RSI. Thewebsite addresses of all trade unions are on the TUCwebsite at www.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on manualhandling. For example, UNISON has produced asafety representative’s guide to preventing RSI atwww.unison.org.uk/acrobat/B179a.pdf� The CSP has produced advice on avoiding RSI atwww.csp.org.uk/uploads/documents/csp_avoid_RSI.pdf


SECTION 4 CHAPTER 47 – YOUNG WORKERS

HAZARDS AT WORK288

BASIC FACTS ABOUT YOUNG WORKERSIn the study Too Young to Die published by theTUC-backed Hazards magazine in 2006, 16 to 24-year-old workers were warned that they should makesure they don’t become one of the young workersseriously injured at work every 40 minutes in the UKor killed at a rate of one every month. Some of thefacts from Too Young to Die include:

� In Britain a worker aged 16–24 suffers a reportedworkplace injury requiring more than three days offwork every 12 minutes of every working day. Oneyoung worker is seriously injured at work every 40minutes and every month one is killed.

� In 2004/5, 12 workers aged 16–24 were killed atwork (16 in 2003/4) and provisional figures show4,389 suffered major injury (4,331 in 2003/4) and14,954 were injured badly enough to be off work forthree days (15,973 in 2003/4). Many incidents willbe going unreported so will not be included in thesestatistics.

� Due to inexperience and lack of training 20 to24-year-olds in the UK have a higher reportedaccident rate than most other age groups and acrossEurope 18 to 24-year-olds are 50 per cent morelikely to be injured in the workplace than moreexperienced employees.

� There are just under four million 16 to 24-year-oldsat work in the UK (3.85 million). Half a million ofthese are aged 16 to 17, 1.75 million are aged 18 to 21,and over 250,000 are starting work for the first time.

� Just under a million young workers are ininsecure or temporary employment in which they areless likely to receive health and safety training.Previous TUC research found that over one third of15 to 24-year-olds had received little or no healthand safety training.

According to the HSE at www.hse.gov.uk/youngpeople/index.htm young people, especially those new to theworkplace, will encounter unfamiliar risks from thejobs they will be doing and from the workingenvironment:

� All people are at particular risk of injury in thefirst six months of a job as they may be unaware ofexisting or potential risks. Young people willfrequently be in this category.

� Young people may lack experience or maturity ormay be unaware of how to raise concerns.

� They may not have reached physical maturity andtherefore lack the strength demanded.

� They may be eager to impress or please peoplewith whom they work.

Historically the law has recognised the risks byrestricting employment of young persons in certainhigh-risk activities and requiring higher standards ofinstruction, training and supervision than for adults.

The TUC in its guide for safety representativesYoung Workers atwww.tuc.org.uk/extras/youngworkers_safetyreps.pdf alsostressed the importance of remembering those youngpeople who are on work placement andapprenticeship schemes. The TUC guide refers to thehalf-a-million school students on work placementseach year, and at any one time, over a quarter of amillion people on government-supportedapprenticeship schemes. This will often be the firsttime that most young people experience the workenvironment with the consequential risks.

LEGAL AND OTHER STANDARDS FORPREVENTION AND CONTROLYoung workers should be protected by the same laws asother workers. See the following chapters in this book:


� Health and Safety at Work etc. Act 1974 – Chapter12, dealing with the general duties of employers andemployees under Sections 2–9. Generally, the employerhas a duty to ensure the health, safety and welfare ofall employees, including young workers

� Working Time Regulations 1998 and the WorkingTime (Amendment) Regulations 2003 – Chapter 44,with regard to the specific requirements regardingyoung people and working time. See also the TUCWorkSmart web page which covers many aspects ofworking time for young peoplewww.worksmart.org.uk/rights/viewsubsection.php?sun=20

There is also some specialist legislation dealing withyoung people at work, such as the Children andYoung Persons Act 1933. See the TUC WorkSmartweb page which covers many aspects of children’swork rights atwww.worksmart.org.uk/rights/viewsubsection.php?sun=75

Young workers47



HAZARDS AT WORK 289

MANAGEMENT OF HEALTH AND SAFETY AT WORKREGULATIONS 1999 (see Chapter 13)

In addition to the requirements of theseRegulations that are explained in Chapter 13 ofthis book, there are some special duties that relateto children and young persons, as follows.

Definition of a child and a young person(Regulation 1)

� A young person means any person who has notattained the age of 18

� A child means a person who is not overcompulsory school age

Risk assessment (Regulation 3)An employer should not employ a young personunless they have, in relation to risks to the healthand safety of young persons, made or reviewed arisk assessment. In making or reviewing theassessment, an employer who employs or is toemploy a young person shall take particularaccount of:

� the inexperience, lack of awareness of risks andimmaturity of young persons

� the fitting-out and layout of the workplace andthe workstation

� the nature, degree and duration of exposure tophysical, biological and chemical agents

� the form, range and use of work equipment andthe way in which it is handled

� the organisation of processes and activities

� the extent of the health and safety trainingprovided or to be provided to young persons,and

� risks from agents, processes and work listed inthe Annex to Council Directive 94/33/EC[8] on theprotection of young people at work

Information for employees (and children)(Regulation 10)If a child is at work, the employer mustprovide them with the same informationas other employees. There is, however, anextra requirement on the employer beforeemploying a child to provide parents or guardiansof children at work (including those on workexperience) with comprehensible and relevantinformation on:

� the risks to their health and safety identified bythe assessment

� the preventive and protective measures, and

� the risks notified by other employer(s) who aresharing a workplace

This information can be provided directly to theparents or, in the case of work experience, via anorganisation such as the school or the workexperience agency.

Protection of young persons (Regulation 19)Every employer should ensure that young personsemployed by them are protected at work from anyrisks to their health or safety which are aconsequence of:

� their lack of experience

� absence of awareness of existing or potentialrisks

� the fact that young persons have not yet fullymatured

No employer should employ a young person forwork:

� which is beyond their physical or psychologicalcapacity

� involving harmful exposure to agents whichare toxic or carcinogenic, cause heritablegenetic damage or harm to the unborn childor which in any other way chronically affecthuman health

� involving harmful exposure to radiation

� involving the risk of accidents which it mayreasonably be assumed cannot be recognised oravoided by young persons owing to theirinsufficient attention to safety or lack of experienceor training

� in which there is a risk to health from:– extreme cold or heat– noise– vibration

When control measures have been takenagainst these risks and if a significant risk stillremains, no child can be employed to do thiswork. Similarly, a young worker cannot do thiswork unless:

� it is necessary for their training

� they will be supervised by a competent person

� any risk will be reduced to the lowest level that isreasonably practicable



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WHAT CAN SAFETY REPRESENTATIVESDO?General principlesThe TUC in its guide for safety representativesYoung Workers atwww.tuc.org.uk/extras/youngworkers_safetyreps.pdfencourages safety representatives to protect youngworkers in the workplace in the following ways:

� You can encourage recruitment of young peopleinto unions whether they are in full-time training oremployment.

� The health and safety of young workers should bea standing and separate agenda item on safetycommittees, to review health and safetyarrangements for young people and monitorperformance.

� Young people should not be required toundertake tasks where their lack of experience mayput their own or other people’s health and safety atrisk. Such tasks should be clearly identified in thehealth and safety policy.

� Particular care should be taken when placingyoung persons in work involving use of dangerousmachinery or harmful substances. Young people areoften more susceptible to health damage fromexposure to toxic substances – although harmfuleffects may not appear until later in life.

� There must be proper arrangements forsupervision. Work operations requiring constantsupervision should be clearly identified – this maymean recruitment of more supervisors.

� Supervisors and first-line management shouldalways be adequately trained in understanding therisks and control measures connected with the workyoung people are required to do.

� Every young worker should be given adequatehealth and safety induction training to explain thehazards of the job and precautions to be observed.Induction training should emphasise not only theyoung person’s duty to co-operate but also what theyare entitled to expect from their employer andothers. Safety representatives should be given theopportunity to take part.

� Health and safety training should be an integralpart of job training and work experienceprogrammes. Full information on health and safetymatters should be made available, for example, onarticles and substances. Safety representatives havethe legal right to be consulted on the health andsafety content of training programmes for youngpeople – they should be involved in the planning ofschemes at the earliest possible stage rather thanreacting to problems when training programmeshave started.

Safety representatives should report their concernsand those of their members to management inwriting. Use Chapter 7 above for ideas on how youcan make sure that management get things done.

Guidance for safety representatives: trainingschemes and work experienceAs soon as proposals for any scheme involvingyoung people begin to be discussed at the workplace,employers should involve safety representatives.Safety representatives could draw up their ownagenda for discussion with management and theorganisers based on the seven points outlined below(adapted to suit local conditions).

1. Safety policy: the employer’s safety policy shouldbe examined to see what it says about the specialproblems which arise from employing young people.If it needs to be revised, prepare some suggestions.

2. Health and safety performance: the employer’shealth and safety record should be studied, includingthe accident record and any enforcement action byHSE or local authority inspectors. If the attitude toimproving health and safety performance is poor,this should be drawn to the attention of theplacement organisers or training agency.

3. Work tasks and risks: the tasks which students ortrainees are going to be required to undertake shouldbe studied in detail. What are the inherent risks?How serious are they? Is the industry or process onewhich has a higher than average accident rate? Arethere obvious dangers such as use of poweredmachinery or tools, potential exposure to toxicsubstances, working at heights or working with ornear site transport vehicles or in confined spaces?

Safety representatives must be satisfied that the tasksare safe and healthy for young people. Remember thatunder the Management of Health and Safety at WorkRegulations 1999, no employer should employ a youngperson for work which is beyond their physical orpsychological capacity; involving harmful exposure toagents which are toxic or carcinogenic, cause heritablegenetic damage or harm to the unborn child or whichin any other way chronically affect human health;involving harmful exposure to radiation; involving therisk of accidents which it may reasonably be assumedcannot be recognised or avoided by young personsowing to their insufficient attention to safety or lack ofexperience or training; or in which there is a risk tohealth from extreme cold or heat, noise or vibration.

4. Restrictions: having made a judgement about therisks, safety representatives can develop their ownviews about those tasks in the workplace whereyoung people should not be involved; those forwhich constant supervision by a competent person isrequired; those which require extra training andinstruction. The employer should clearly designatesuch tasks in the health and safety policy. Workplacehazards are not always obvious to young workers.



HAZARDS AT WORK

5. Induction: a structured health and safetyinduction programme should be provided forstudents or trainees. Safety representatives should begiven the opportunity to explain their role at aninduction.

6. Supervision: in addition to supervision ofpotentially hazardous tasks, safety representativesshould consider how students or trainees are goingto be supervised in general during their time on aplacement or training programme. Supervisorsshould also be trained in health and safety problemswhen working with young people.

7. Health and safety training: safety representatives mayconsider the health and safety content of the job trainingitself. Many regulations now contain detailed guidanceon the information and training for all workers and, inparticular, young persons. Although health and safetytraining should be an integral part of job training itshould not disappear among everything else. Separate

time should be regularly put aside for health and safetytraining throughout a scheme. There should be aneffective means to check on how much of what studentsor trainees learn about health and safety is actuallyretained by them in practice, e.g. assessed fire drills,question and answer sessions, practical demonstrations.

Safety representatives can use the points that theyhave considered under 1–7 above to place pressureon the employer to meet their obligations.

ApprenticesThe TUC and the Learning and Skills Council haveproduced separate advice for safety representativeson apprentices atwww.tuc.org.uk/extras/Apprenticeships.pdf The advicesuggests practical steps that safety representativescan take to help to ensure that apprentices learn andwork in a safe, healthy and supportive environment.

291

Checklists for young people

Taken from the TUC’s free leaflet Play Safe at Work

1. Working with machinery

� only operate machines you have been trained to use

� always follow the procedures that you have been trained in

� if guards are fitted, use them

� know how to stop your machine and how to disconnectit from the power supply

� wait until a machine is switched off, stopped anddisconnected from the power supply before you maintainor clean it

� if there is something wrong with your machine, switch itoff and call your supervisor straight away

� wear any gloves, goggles or other protective clothingprovided (if there are none and you think there should besome, ask about it)

� electricity can cause severe burns and fires. It can alsokill. It is swift, silent and deadly. Do not tamper withplugs, sockets or cables. If you think they are faulty, gethelp

� if you are under 18 you should not be driving any lifttrucks, e.g. fork lifts

2. Moving stuff around

� avoid lifting if there are mechanical methods available,e.g. trolleys

� training must be given in any job where there are risksfrom manual handling

� wear any protective clothing provided, e.g. safety boots

� if you think a load is too heavy or in an unsafe condition,call your supervisor

3. RSI

Lots of the same movement at work can cause damage toyour body.

This is known as repetitive strain injury (RSI). Examples are checkoutoperators in a supermarket or keyboard users in an office.

� identify any parts of your job where there is constantrepetition

� check whether the area where you work could beadjusted to take more account of you as an individual,e.g. adjustable workstations to cater for your body shape

� take advantage of any work breaks to give your body achance to recover from any strain it has been put under

� try to rotate the type of work you do

4. Bullying

Most people have come across examples of this at school.Unfortunately, it can happen at work too. As a young worker youmay be on the receiving end as part of some notion about ‘lickingyou into shape’. Do not let yourself be bullied by managers oranyone else in the workplace. You have the right to respect as aworker and it should never be seen as just part of the job.

Remember:

� keep a written record of any examples of bullying orharassment

� try to find someone who you feel comfortable with totalk about it

� report it to your supervisor. If it is the supervisor who isdoing it, then go to the next level of management



HAZARDS AT WORK292

5. Noise

Many workplaces are noisy. If noise levels are too high it candamage your hearing. If you go clubbing you will alreadyknow about ‘ringing in the ears’ which disappears after awhile. The biggest problem is that noise over a long periodof time causes permanent damage. You may not be awareof the damage until your hearing worsens and simply doesnot recover.

Remember:

� do not suffer in a noisy environment

� follow any procedures for noise control

� wear any protective hearing equipment that isprovided

6. Chemicals and asbestos

There are thousands of toxic substances used every day atwork. They may affect you in different ways according tohow much you are exposed to, how long for and the type ofsubstance.

Just because you cannot smell or see something, it doesnot mean that it is not getting into your body. In somecases you will know it has, because you will get aquick effect like a headache or dizziness. In other casesyou may get no immediate effect at all but it could stillbe doing you accumulated damage that will hit you laterin life.

Remember:

� only use substances that you have been giveninformation and training on

� follow the procedures for safe use – if you are worriedask for the Safety Data Sheet which will explain anypotential dangers

� make sure you know what to do if there is a spillage orother emergency

� wear any suitable protective clothing or equipment

Asbestos dust is deadly. The dust gets into your lungs andcan kill you twenty or thirty years later. The younger you arewhen you have your first exposure the more you could die ofa lung disease before you hit middle age.

Asbestos is present in most buildings that were builtmore than 25 years ago unless it has been stripped out in asafe way.

Remember:

� you should be informed by your employer about anypossible asbestos where you work

� if you suspect something contains asbestos inform yoursupervisor

If you are still being asked to work in conditions thatyou think are potentially dangerous then seek furtheradvice.

7. Slips and trips

This is the most common type of accident. Overcrowdedconditions or where there are a lot of materials and liquidslying about will increase your chances of adding to thestatistics. For example, the electric cables that often runacross an office floor could be lying in wait for you.

Remember:

� report any unsafe conditions to your supervisor

� record any accidents or near misses in the accidentbook

� wear footwear that will help to prevent you slipping

8. Stress and violence

Stress is now the most commonly reported problem at work.Starting a new job is stressful enough anyway withoutgetting any more piled on you. Stress can be caused by lotsof things but many stem from the way that your job isorganised. Things like impossible workloads, boring ordangerous work can all make you wish you had never gotthe job. Do not fall for the old line that ‘some stress is goodfor you’. Stress is different from pressure. Stress happenswhen there is too much pressure.

Remember:

� think about the kind of things that cause you stress atwork

� decide what things you can do something about

� speak to someone you are confident in about the thingsthat you cannot do anything about

� agree possible solutions and who you could involve to tryand achieve them

Violence in the workplace has become more commontoo. Some jobs carry a much greater risk, particularlywhere there is contact with the public. Like bullying orstress, it should never be seen as just part of the job.Violence does not just cover physical attacks – it includesverbal abuse as well.

Remember:

� find out if your employer has any procedures in place fordealing with the violence – like training

� record any incidents that have happened to you

� seek advice and counselling to help you deal with anyattacks



HAZARDS AT WORK 293


European Agency for Safety and Health at WorkVarious resources on young workers health andsafety in Factsheets 61–70http://osha.europa.eu/en/publications/factsheets

Hazards magazine website � Excellent news and resources on Hazards youngworkers web page atwww.hazards.org/youngworkers/index.htm� Too Young to Diewww.hazards.org/2young2die/index.htm

HSE priced and free publications � For all the latest documents containing resourcesabout young people at work, go to the HSE webpage www.hse.gov.uk/youngpeople/resources.htm� Alternatively, obtain a free copy of the latest HSEBooks catalogue, CAT 34, by telephoning 01787881165

HSE young people at work websiteThe HSE has a specific web page which drawstogether HSE information on young people at workin one place at www.hse.gov.uk/youngpeople/index.htm

Labour Research Department (see Section 6.2 forcontact details)Health and Safety Law – an LRD Guide £9.50

Learning and Skills Council� Information on learner safety and workexperience at www.lsc.gov.uk/aboutus/quality/health/ andthe Safelearner website at www.safelearner.info

Simon Jones Memorial CampaignSimon Jones was killed on 24 April 1998, aged 24,on his first day as a casual worker at Shorehamdock. He was sent to work unloading cargo inside a

ship – one of the most dangerous jobs in the country– with only a few minutes’ ‘training’. Campaign aimsand resources at www.simonjones.org.uk/

Teachernet and the Learning & Skills CouncilThe Department for Children, Schools and Familiespublishes guidance for schools and employers onwork experience at www.teachernet.gov.uk

TUC (see Section 6.1 for contact details)� The TUC health and safety and young workersweb page www.tuc.org.uk/h_and_s/index.cfm?mins=345� The TUC worksmart young workers web pagewww.worksmart.org.uk/rights/viewsubsection.php?sun=20� Play Safe at Work leaflet, free with sae� Young Workers: a Guide for SafetyRepresentativeswww.tuc.org.uk/extras/youngworkers_safetyreps.pdf� Apprenticeships: a Short Guide for Union SafetyRepresentativeswww.tuc.org.uk/extras/Apprenticeships.pdf� Essential information for safety representatives.Keep up to date on health and safety by readingRisks, the TUC’s weekly e-bulletin for safetyrepresentatives at www.tuc.org.uk/h_and_s/index.cfm

Trade union information� Many unions provide guidance on youngworkers. The website addresses of all trade unionsare on the TUC website atwww.tuc.org.uk/tuc/unions_main.cfm� Hazards magazine has listed the health and safetypages of most trade unions atwww.hazards.org/links/ukunionlinks.htm� Contact your union or visit your union’s websiteto find out if it produces any guidance on youngworkers. For example, the NUT has produced aguide called Managing Health and Safety on WorkExperience at www.data.teachers.org.uk/resources/pdf/EUROPEANH_SWK06-Work_Experience.pdf


hazards and ill health at work - trades union …...all types of asbestos can be dangerous. why is...

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