Civil Engineering Reference
In-Depth Information
5.2.6
Risk control systems (RCS)
Under the MHSW Regulations every employer has
an 'absolute' legal duty to 'make a suitable and suffi cient
assessment of the risks' to the health and safety of:
These are arrangements that ensure that risk controls
(workplace precautions) are implemented and main-
tained. For example: the provision for ensuring that an
adequate level of supervision is maintained during work
processes; a system for planned preventive maintenance
for work equipment and specifi c safety systems; and
establishing a programme of inspections and audits for
buildings, sites and workplaces.
➤
His employees to which they are exposed while they
are at work
➤
To persons not in his employment, arising out of or
in connection with his activities.
The requirement to conduct suitable and suffi cient risk
assessments placed upon employers is extended to
self-employed persons, who have an absolute legal duty
to assess the risks to their own health and other persons
who may be affected by their work activities.
The MHSW ACoP indicates that, in practice, the
term 'suitable and suffi cient' requires employers, the
self-employed and responsible persons to:
5.3
Risk assessment and the law
The HSWA requires employers to understand 'the risks
inherent with their work' to ensure that they keep their
employees and others who may be affected by their
work activities safe, so far as is reasonably practicable.
The RRFSO and the MHSW Regulations enhance
and indeed make more specifi c the requirements and
duties placed upon 'responsible persons' and/or employ-
ers for risk assessment.
In relation to fi re, the responsible person, in addition
to other duties, must make a suitable and suffi cient
assessment of the risks to which relevant persons are
exposed in order to identify the general fi re precautions
that are required to comply with the requirements and
prohibitions imposed by the Order.
The Order also identifi es requirements relating to
assessing the risks arising from the presence of danger-
ous substances (see Chapter 14) and risks in relation to
young persons.
➤
Identify the risks arising or connected with their
work clearly differentiating between the signifi cant
risks and the insignifi cant risks (trivial)
➤
Prioritise the necessary control measures to comply
with the law
➤
Take reasonable steps to assist themselves in iden-
tifying risks, including those that they could reason-
ably be expected to know or foresee
➤
Ensure the assessment is appropriate to the nature
of their work
➤
Identify a period of time for which the assessment is
likely to remain valid.
The HSE provide guidance for employers and
the self-employed on how to conduct risk
assessment in which they identify the follow-
ing fi ve key steps to risk assessment:
1. Identify the hazards associated with a
work activity
2. Identify persons who may be at risk
3. Evaluate the risks and existing control
measures
4. Record the fi ndings
5. Review when necessary.
While the MHSW Regulations are the umbrella under
which risk assessments are required by law, many other
pieces of legislation also require the completion of risk
assessments. Detailed below is a list of such regulations.
Figure 5.3
The responsible person and/or the employers
must conduct an assessment of the risks in the workplace
➤
The Noise at Work Regulations 2005
➤
Manual Handling Operations Regulations 1992*
