Your Questions
In this section we include a number of questions that are frequently asked about the responsibilities that every company has in complying with Health & Safety legislation. The answers are provided either by an xCenta health and safety specialist or from the HSE website. Whether you are a client of xCenta or not, we hope that these are helpful to you. Click on the question(s) below to go directly to the relevant section.
The xCenta Health & Safety management system allow our clients to cater for all of the requirements for compliance with legislation - all information is accessed online and your records and audit trail are kept secure by password protected access.
When I delegate Health & Safety responsibilities through my chain of command or to my external consultant what are their legal responsibilities?
External providers of health and safety advice like your own line management and other employees have legal duties under health and safety legislation. However, it must be remembered that whilst responsibilities for implementing health and safety arrangements can be delegated down through the organisational chain of authority and to others, the employer’s legal duties cannot. Before delegating tasks, you should ensure that persons have the relevant knowledge, skills and experience and ability to carry out the work competently.
Do I require assistance to help me comply with Health & Safety?
The Management of Health and Safety at Work Regulations 1999 require employers to appoint one or more competent persons (i.e. persons with sufficient training and experience or knowledge) to help them to meet their duty to control health and safety risks at work. Many employers can get or develop this help in-house, but it may be necessary to go to external providers where their own resources are insufficient. Appropriate persons in-house might deal with simple health and safety issues using published guidance, past experience and, in some cases, formal training. However, there will be occasions where specialist help, for example occupational health and safety practitioners, occupational hygienists, noise and/or vibration specialists, is needed.
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How do I report an accident?
With effect from 6th April 2012 the following changes to RIDDOR will apply:
- The reporting of absences due to accidents, have been extended from over three days to over seven days’ of incapacitation (not counting the day on which the accident happened).
- The deadline by which the injury must be reported will increase to 15 days from the day of the accident.
- that incapacitation means that the employers and others with responsibilities under RIDDOR must still keep a record of all over three day injuries.
All deaths, serious accidents or dangerous occurrences still must be reported to the HSE by the quickest available means.
HSE Guidance: http://www.hse.gov.uk/pubns/books/l73.htm (opens in new window)
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How do I carry out a risk assessment?
The HSE document 'Five Steps to Risk Assessment' gives an outline of how to do a risk assessment for occupational health and safety. This is not the only way to do a risk assessment, there are other methods that work well, particularly for more complex risks and circumstances. (Note: the xCenta health & safety system includes a full suite of motor industry specific risk assessments with the ability to add details of your own site specific circumstances)
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What details do I need to put on the new Health & Safety law poster?
If you employ anyone, you must display HSE’s health and safety law poster. Or you can give your employees a leaflet called ‘Health and safety law: What you should know’ Link to leaflet: http://www.hse.gov.uk/pubns/law.pdf
The poster includes basic health and safety information and lets people know who is responsible for health and safety in your workplace. You must display the poster where your workers can easily read it, and it must be in a readable condition. You must also include some contact details, for example of your local enforcing authority.
The Health and Safety Law Poster contains three sections that need to be completed. These are:
Employee Representative(s)
This box is for a representative that has been appointed/elected by the employees, either under the Safety Representatives and Safety Committee regulations 1977( if the work place has a trade union) or the Consultation with Employee Regulations 1996, (if there is no union represented). If there is no one who has been appointed/elected by the employees and the employer consults directly with the employees, then this box is left blank.
Management Representative
This box is for the person appointed by the employer for health and safety, (i.e. health and safety officer). The Management of Health and Safety at Work Regulations 1999, regulation 7 states that "Every employer shall, appoint one of more competent persons to assist him in undertaking the measures he need to take to comply with the requirements imposed upon him by the regulations". Ultimately this could be the employer themselves, depending on the size and structure of the business, and if the employer has the relevant training and experience.
Enforcing Authority
Your enforcing authority for health and safety depends on the type of business you conduct. In deciding who is your enforcing authority, you need to consider the type of workplace you are employed in.
The HSE enforce over premises such as factories, building sites, mines, farms, fairgrounds, quarries, railways, chemical plant, offshore and nuclear installations, schools and hospitals.
The Local Authority enforce over premises such as retailing, some warehouses, most offices, hotels and catering, sports, leisure, consumer services and places of worship. Details of your local authority can be found in your local telephone directory.
Employment Medical Advisory Service (EMAS). EMAS departments are located at local HSE offices, although there are some small area offices without one.
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I only employ skilled mechanics so why do I need to train them?
Under Regulation 13, Capabilities and Training, of the Management of Health and Safety at Work Regulations 1999, employers should assess the skills needed by their employees and ensure that they have the necessary training, experience and other qualities to carry out all their tasks safely. In particular, an assessment should be carried out where employees are transferred to new duties or exposed to new equipment and any necessary training or instruction provided. Refresher training may be needed periodically.
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Vibration - Are the new regulations in force yet?
The Control of Vibration at Work Regulations were signed on 4th April and placed before parliament on 7 April 2005. They implement the Vibration Directive and came into force on 6 July 2005. They have been published and are accessible to the public on the HMSO Web site at the following address:
http://www.opsi.gov.uk/si/si2005/20051093.htm
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Questions relating to the use of Visual Display Units (VDU's) or Display Screen Equipment (DSE)
How long and how frequent should breaks be in DSE work and what should I do during breaks?
This depends on the kind of work you are doing. There is no legal limit but you need to break up long spells of DSE work. Short frequent breaks are better than longer but less frequent ones, eg 5-10 minutes every hour is better than 20 minutes every 2 hours. Ideally users should have some choice about when to take breaks. Most jobs provide opportunities to pause from screen work to do other tasks such as filing or copying. If there are no such natural changes of activity in your job, your employer should plan for you to have rest breaks. It is best if breaks or changes of activity allow the user to get up from their workstation and move around, or at least, stretch and change posture.
How can I protect my eyes during DSE work?
Extensive research has found no evidence that DSE work causes disease or any permanent damage to eyes. However long spells of DSE work can lead to tired eyes, discomfort, temporary shortsightedness and headaches. DSE work is visually demanding, so it can make you aware of eyesight problems not noticed before (including changes in eyesight that happen with age). You can help your eyes by ensuring your screen is well positioned and properly adjusted, and that lighting conditions are suitable. Employers have to assess DSE workstations and correct any defects. You can also ask your employer for an eye test, which could help correct any defects in your vision.
How do the regulations apply to work with laptops or other portable DSE?
Portable DSE such as laptops and handheld devices are subject to the regulations ifin prolonged use for work purposes. People who habitually use portable DSE should be trained in how to minimise risks, for example by sitting comfortably, angling the screen so it easy to read, and taking frequent breaks. Wherever possible, portable DSE should be placed on a firm surface at a comfortable height. Where portables are in prolonged use at the user’s main place of work, additional steps can be taken to reduce risks e.g. by using a docking station.
I am entitled to an eye test as I work on DSE - how do I get one? And does my employer have to pay for DSE spectacles?
You are entitled to ask your employer to provide an eye test if you are an employee who habitually uses DSE as a significant part of your normal work. This is a full eye and eyesight test by an optometrist (or a doctor). Your employer should arrange for your test and should tell you how to apply. Your employer will only have to pay for spectacles if the test shows you need special spectacles (e.g. ones prescribed for the distance the screen is viewed at). If your ordinary prescription is suitable for your DSE work the employer does not have to pay for your spectacles.
Do the DSE regulations apply to children and students?
No. These regulations only place duties on employers in respect ofemployees (or self-employed persons working in the employer’s undertaking). However, employers have more general duties under other legislation such as the Health and Safety at Work Act etc 1974 which require work activities to be undertaken in a way that does not create risks to others (such as children or the public).
My wrist aches when I use my mouse, how can I prevent this?
Make sure you take adequate breaks and do not sit for long periods in a fixed posture. Put your mouse in easy reach, so you can use it with your wrist straight. Do not work with your mouse arm stretched. Relax; support your forearm on the desk, do not grip the mouse tightly, rest your fingers lightly on the buttons and do not press them hard. If you still can’t get comfortable, try a different size or shape of mouse. Your employer should help by providing a range of such equipment.
How often should risk assessments of DSE workstations be done?
An assessment should be done when a new workstation is set up, when a new user starts work, or when a substantial change is made to an existing workstation (or the way it is used). Assessments should also be repeated if there is any other reason to suspect they may no longer be valid - for example, if users start complaining of pain or discomfort.
Can I rely on computer software to do DSE risk assessments and train my staff?
Software packages are on the market that can help train users and/or help them make an input to assessments. However they cannot constitute the whole of the assessment. Employers should always ensure that a properly trained assessor goes over the results of users’ assessments (whether these are software based or done by other means such as a paper checklist). The assessor’s role is to clarify any doubtful points, provide any necessary feedback to users, and ensure that any problems identified by the assessment are put right e.g. by changes to the DSE or workstation.
What training and information do I have to give to staff who use DSE?
Train users about the risks in DSE work and how to avoid these by safe working practices. For example training should cover good posture and changing position; how to adjust chairs and other furniture; organising their desk space to work comfortably; adjusting the screen and lighting to avoid reflections and glare; breaks and changes of activity; contributing to risk assessments; and how to report problems. You should also tell users about the general arrangements you have made for health and safety in their DSE work, and how they can apply for an eye test.
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Questions relating to Personal Protective Equipment (PPE)
Does the Employer have to provide PPE free of charge?
Where a Risk Assessment concludes that the risks to the health and safety of an employee cannot be adequately controlled by means other than Personal Protective Equipment (PPE) , the employer must provide and maintain (including cleaning of overalls) suitable PPE. No charge can be made to the worker for the provision of PPE which is used only at work.
For further information see HSE guidance ‘A short guide to the Personal Protective Equipment at Work Regulations’
Are Employees duty bound to wear PPE that has been provided?
Employees have a legal duty to take reasonable care for their own health and safety, to co-operate with their employer on health and safety and to correctly use, in accordance with training or instruction, work items provided by the employer, including PPE. Employees can be prosecuted for putting themselves and/or others at risk.
What if Employees refuse to wear the equipment provided?
You should at first ascertain the reason why – it could be that there are medical reasons and if so you may require this to be supported by medical evidence and/or a medical examination. In these circumstances investigate what alternatives may be available. If none are found then it may be that the employee can no longer perform the task as they cannot be adequately protected.
If the reason for not wearing PPE is as a direct refusal then the issue may have to be handled through an appropriate disciplinary process. You cannot allow employees to put themselves and possibly others at risk.
It is not acceptable for an employee to offer to sign a waiver to abrogate the employer from responsibility. The employer is still legally responsibility.
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What do I have to do to ensure the Health & Safety of my employees when they are working in a Host Employers work place?
There is a legal duty on employers under the Management of Health and Safety at Work Regulations 1999 to co-operate on health and safety issues with other employers sharing the same workplace. Every host employer should, therefore, ensure that employees of other employers, or self-employed persons, working on their premises receive all necessary information and training in relation to the risks to health & safety that apply on the host site. Where you are sending your employees to other workplaces you should discuss with the host employer the arrangements for ensuring the health and safety of your workers.
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