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58 Cards in this Set

  • Front
  • Back

Common Law Duty of Care


The employer has a duty of care to each of his employees. This falls into five categories

1) A safe place of work including access and egress


2) Safe plant and equipment


3) Safe system of work


4) Safe and competent fellow employees


5) Adequate levels of supervision, information, instruction and training

UK Prosecuting Authorities

1) The CPS


2) The HSE


3) Local Authorities


4) The Environment Agency


5) Fire and Rescue Service


6) The Office for Road and Rail



Levels of statutory duty

1) ABSOLUTE - the employer MUST comply with the law


2) PRACTICABLE - Must comply if technically possible. Difficulty, inconvenience and cost are not taken into account


3) REASONABLY PRACTICABLE

Section 2

Duties of employers to employees

Section 3

Duties of employers to others affected by their undertaking

Section 4

Duty of person in control of premises for health and safety of non employees

Section 6

Duties of designers, manufacturers, importers, suppliers and installers



Section 7

General Duties of employees at work

Section 8

Duty to not interfere with or misuse anything provided in the interests of health, safety or welfare

Section 9

Duty of employer not to levy a charge on employees

Section 36

Offences due to the fault of another person

Section 37

Offences by a body corporate

Management Regs


Regulation 3

Risk Assessment - ABSOLUTE duty

Management Regs


Regulation 4

Principles of prevention to be applied


ie replacing the dangerous with the non dangerous (schedule 1.f), adapting the work to the individual (schedule 1.d) and giving appropriate instruction to employees (schedule 1.i)

Management Regs


Regulation 5

Health and Safety Arrangements


Having conducted a risk assessment (Reg 3) and introduced risk control measures, the employer is requires to implement appropriate management controls to ensure effective plan, do, check and act

Management Regs


Regulation 6

Health Surveillance


Ensure employees are provided with any necessary health surveillance appropriate to risks identified

Management Regs


Regulation 7

Health and Safety Assistance


Appoint a competent person

Management Regs


Regulation 8

Procedures for serious and imminent danger and for danger areas


Have emergency plans in place and ensure sufficient training and people to implement them


Management Regs


Regulation 9

Contacts with external services

Management regs


Regulation 10

Information for employees


Provide relevant, comprehensible information regarding risks, preventive and protective measures, procedures for serious and imminent danger and any risks created by other employers sharing the workplace

Management regs


Regulation 11

Co-operation and co-ordination


Co-operate with other employers sharing the space.

Management regs


Regulation 12

Persons working in host employers or self employed persons undertakings


Provide third parties (ie contractors) with information on risks and control measures

Management regs


Regulation 13

Capabilities and training


Provide adequate training

Management regs


Regulation 14

Employees duties


Required to report h&s issues

Management regs


Regulation 15

Temporary workers


If on fixed term contract then entitled to same as full employees

Management regs


Regulation 16

Risk assessment in respect of new or expectant mothers

Management regs


Regulation 17

Certificate from registered medical practitioner in respect of new or expectant mothers

Management regs


Regulation 18

Notification by new or expectant mothers

Management regs


Regulation 19

Protection of young persons

Management Regs


Regulation 20

Exemption certificates


MOD may be exempt from management regs if stated by sec of state for defence. Cannot be exempt from 16-18 (new or expectant mothers)

Management regs


Regulation 21

Provisions as to liability

Management regs


Regulation 22

Restriction of civil liability for a breach of statutory duty

Labour only contract

Where an agency provides staff to work under the employers direct control the contractor should be treated as an employee

Fixed price contract

Most common type of contract

Separate site

If contracted work can be completely separated by secure fencing then the contractor is responsible for H&S. Client may still have responsibilities for hazards that cannot be separated such as noise


Management of contractors

Five steps


1) Planning


2) Choosing a contractor


3) Contractors working on site


4) Keeping a check


5) Reviewing the work

Planning

1) Define the job


2) Risk management


3) Specify conditions

Choosing a contractor

Take reasonable steps to satisfy yourself that the contractor is competent to do the job safely and without risks to health and safety ie a pre tender questionnaire (PTQ)

Contractors working on site

Specific arrangements will be required to:


1) Management movement through sign in controls and permits to work


2) Ensure all technical and management controls are in place before allowing work to begin

Contractors working on site

Arrangements also required for:


1) Information, instruction and training


2) Co-operation and co-ordination


3) Consultation


4) Management and supervision

Monitoring the contract

All parties should monitor H&S performance to check that the risk assessments are current and that control measures are effective


Greater the risks, more frequent the monitoring

Reviewing the work

Review after completion

Construction (Design and Management) Regulations 2015 (CDM)

Main Requirements - all projects must have


1) Workers with the right skills, knowledge, training and experience


2) Contractors providing appropriate supervision, instruction and information


3) A written construction phase plan

Construction (Design and Management) Regulations 2015 (CDM)

Main Requirements - projects where more than one contractor is involved must have


1) All of section 1


2) Principal designer and principal contractor


3) Needs a health and safety file

Construction (Design and Management) Regulations 2015 (CDM)

If work is scheduled to last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project, or exceeds 500 person days then all of sections 1 and 2 apply and the client must notify the project to the HSE

CDM regulations allocate specific duties to seven parties

1) Clients


2) Domestic Clients


3) Designers


4) Principal Designers


5) Principal Contractors


6) Contractors


7) Workers

Clients key duties

Make suitable arrangements for managing a project. This includes making sure:


1) Other duty holders are appointed


2) Sufficient time and resources are allocated


3) Relevant information is prepared and provided to other duty holders


4) The principal contractor and principal designer carry out their duties


5) Welfare facilities are provided

Domestic clients key duties

Domestic clients are in the scope of CDM 2015 but their duties as a client are normally transferred to:


1) the contractor on a single contractor project


2) the principal contractor on a project involving more than one contractor


However the domestic client can choose to have written agreement with the principal designer to carry out the client duties

Designers key duties

When preparing or modifying designs, to eliminate, reduce or control forseeable risks that may arise during construction and the maintenance and use of the building once it is built.


Must also provide information to other members of the project team to help them fulfil their duties

Principal Designers Key duties

Plan, monitor and coordinate health and safety in the pre construction phase of a project. This includes identifying, eliminating and controlling foreseeable risks and ensuring that designers carry out their duties. Prepare and provide relevant information to other duty holders. Provide relevant information to the principal contractior

Principal Contractors

Plan, manage, monitor and coordinate health and safety in the construction phase. This includes, liasing with the client and principal designer, preparing the construction phase plan, organise cooperation between contractors and coordinate their work.


Ensure that site inductions are provided, reasonable steps are taken to prevent unauthorised access, consult workers and provide welfare facilities

Contractors

Plan, manage and monitor construction work so that it is carried out without risks to health and safety


Where projects involve more than one contractor, coordinate their activities


For single contractor projects, prepare a construction phase plan

Workers

They must


1) Be consulted about matters which affect their health and safety


2) Take care of their own health and safety and others who may be affected by their actions


3) Report anything which is likely to endanger peoples health and safety


4) Cooperate with their employer, workers, contractors and other duty holders

Construction Phase Plan

Must outline


1) The H&S arrangements for managing significant risks associated with construction phase of the project


2) The site rules


3) Any specific measures concerning any work involving particular risks

Work involving particular risks


(Schedule 3 of the CDM 2015)

1) Work which puts workers at risk of burial under earth falls, engulfment in swampland or falls from height


2) Work which puts workers at risk from chemical or biological substances


3) Work with ionising radiation


4) Work near high voltage power lines


5) Work exposing workers to the risk of drowning

Work involving particular risks(Schedule 3 of the CDM 2015)

6) Work on wells, underground, earthworks and tunnels


7) Work carried out by divers having a system of air supply


8) Works carried out by workers in caissons with a compressed air atmosphere


9) Work involving the use of explosives


10) Work involving the assembly or dismantling of heavy prefabricated components

List of topics to be considered when drawing up the plan

Description of the project with key dates and key details


Health and safety aims


Site rules


Arrangements to ensure cooperation between workers


Arrangements for involving workers


Site induction, welfare facilities, fire and emergency procedures

Health and Safety File

1) Description of work


2) Hazards that have not been eliminated


3) Key structural principles


4) Hazardous materials


5) Removal and dismantling of installed plant and equipment


6) H&S info for cleaning and maintaining structure


7) Nature, location and markings of significant services


8) Information and drawings about building, plant and equipments