Civil Engineering Reference
In-Depth Information
15.23.4
Regulation 7 - Defence
approved leafl et covering the same information. These
approved documents contain information on the general
requirements of health and safety law and have addi-
tional spaces for the employer to include the following:
A defence will be successful if an employer demonstrates
that he took all reasonable precautions and exercised all
due diligence to avoid the commission of that offence.
➤
The address of their local enforcing authority and
the address of the Employment Medical Advisory
Service (EMAS)
15.24
The Management of Health and
Safety at Work Regulations 1999
(SI 3242)
➤
Details of either trade union or other safety repre-
sentatives
➤
Details of the competent persons appointed to assist
the employer to comply with their duties under health
and safety legislation.
The Management of Health and Safety at Work
Regulations 1999 (MHSWR) originally came into force in
1993 and following signifi cant amendment, most recently
in 2003, the original MHSWR have been revised and
republished with a new ACoP.
15.23.1
Regulation 4 - Provision of poster or
leafl et
All employers must provide for each of his employees
an approved poster which is displayed in a readable
condition:
15.24.1
Risk assessment - regulation 3
This requires that the employer carry out a 'suitable and
suffi cient' assessment of the risks to the health and
safety of both their employees at work and other persons
who may be affected by their undertaking. The same duty
is placed on the self-employed in relation to risks to their
own health and safety and to the health and safety of
other persons who may be affected by their undertaking.
The ACoP and supporting text provides detailed
guidance on 'suitable and suffi cient' which is summarised
below:
➤
At a place which is reasonably accessible to the
employee while he is at work and
➤
In such a position in that place as to be easily seen
and read by that employee or
➤
Give to the employee the approved leafl et.
Every employer must be treated as having complied with
this paragraph if he gives to the employee the approved
leafl et as soon as is reasonably practicable.
Where the form of poster or leafl et is revised on or
before the date the revision takes effect an employer shall
provide his employees with revised posters of leafl ets.
Suitable and suffi cient
15.23.2 Regulation 5 - Provision of further
information
The assessment should identify the risks arising from or in
connection with work and should be proportionate to these
risks. Once the risks have been assessed, insignifi cant risks
can usually be ignored as can the risks arising from routine
activities of life in general.
The information contained within the poster or leafl et
must include:
The duty holder must take reasonable steps to help identify
the risks, e.g. by looking at appropriate information sources
including legislation, trade manuals, seeking competent
advice and following industry best practice.
➤
The name of the enforcing authority for the premises
where the poster is displayed and the address of the
offi ce of that authority for the area in which those
premises are situated and
The assessment should be appropriate to the nature of the
work and should identify the period of time for which it is
likely to remain valid.
➤
The address of the offi ce of the employment medi-
cal advisory service for the area in which those
premises are situated.
15.23.3
Regulation 6 - Exemption certifi cates
The assessment must take account of the particular
risks to the health and safety of young persons and to
new or expectant mothers or their babies.
The assessment must be reviewed if:
The Health and Safety Executive may, by a certifi cate
in writing, exempt any person from all or any of the
requirements imposed by these regulations. However,
the Executive cannot grant any exemption unless it is
satisfi ed that the health, safety and welfare of persons
who are likely to be affected by the exemption will not
be prejudiced in consequence of it.
➤
There is reason to suspect that it is no longer
valid or
➤
There has been a signifi cant change in the matters
to which it relates.
