Best Practice Document for Health and Safety

Introduction
The provision of a safe working environment and the design of appropriate working
practices is the legal responsibility of the employer. Accidents occur when a lack of
Management control allows unsafe activities or conditions.

Employees and contractors need information, training and instruction to recognise

and report unsafe conditions and ensure they implement safe methods of work
designed in consultation with them.

The OAA and its members recognise that the health, safety and wellbeing of all
those involved in our industry is of the highest moral priority. The public must also
be protected from hazards created by our members.

UK regulation requires high standards of planning, improvement and monitoring to

ensure that hazards are managed effectively. Criminal prosecution and civil action
can result if compliance is not maintained.

The economic benefits of good safety management are considerable; the uninsured
costs of accidents include work interruption, investigation resources, replacement of
damaged equipment and temporary staff cover.

The principles of accident prevention must be integrated into a safety management

system which identifies hazards and systematically removes them or controls them
as far as reasonably practicable. Responsibilities must be assigned throughout the
organisation and proactive management ensures continuing improvement.
OAA Legislation Overview
November 2009

Page 1 of 12

Overview of Requirements under Health & Safety Legislation

The information provided below seeks to outline the general requirements of each
piece of legislation.

Each Member company must make suitable arrangements to ensure

compliance with all Acts and Regulations in respect of health and safety.

The Health & Safety at Work Act, etc. 1974

This Act of Parliament places statutory obligations on specific roles and sets a clear,
general duty to achieve high standards. The Act also enables Regulations created
after it and provides the tools required to police and enforce them.

S.2 Employers must, as far as is reasonably practicable, safeguard the health,

safety and welfare of employees. In particular this extends to the provision and
maintenance of:
a. safe plant and safe systems of work
b. safe handling, storage, maintenance and transport of (work) articles and
substances
c. necessary information, instruction, training and supervision
d. a safe place of work, with safe access and egress
e. a safe working environment, with adequate welfare facilities

S.3 The self-employed, other employees and the public must not be exposed to
danger or risks to health and safety from work activities.

S.6 This section refers to articles for use at work and requires producers, designers,
importers and hirers to ensure, so far as is reasonably practicable, that articles are
safe when being used in the widest sense. They must be tested for safety in use,
or tests are to be arranged and done by a competent authority. Information about
the use for which an article was designed, including any necessary conditions of use
to ensure health and safety, must be supplied with the article. Anyone installing an
article for use at work must ensure, so far as reasonably practicable, that nothing

OAA Legislation Overview

November 2009

Page 2 of 12

about the way in which it is installed or erected makes it unsafe or a risk to health
when properly used.

S.7 Employees must take reasonable care of their own health and safety and that of
others who may be affected by their acts or omissions. They must also co-operate
with their employer so far as is necessary to enable the employer to comply with his
duties under the Act.

OAA Legislation Overview

November 2009

Page 3 of 12

The following Regulations are enabled by the Act and extend the employers general
safety obligations by placing statutory duties upon the employer to ensure
management of specific hazards.

Text in italics gives specific guidance to Members on achieving basic compliance.

The Management of Health & Safety at Work Regulations

Reg.3 requires every employer and self employed person to make a suitable and
sufficient assessment of the health and safety risks to employees and others not in
their employment to which their undertakings give rise, in order to put in place
appropriate control measures. It also requires review of the assessments as
appropriate, and for the significant findings to be recorded if five or more people are
employed. Details are also to be recorded of any group of employees identified by
an assessment as being especially at risk.

Risk assessments are commonly split into areas of specific concern and may be
generic

task

assessments

or

site

specific

where

general

controls

need

supplementing with individual instructions.

Reg.4 requires employers to make appropriate arrangements, given the nature and
size of their operations, for effective planning, organising, controlling, monitoring
and review of the preventative and protective measures put in place.

Arrangements are typically detailed in Policy or Procedure documents and are

tailored to individual organisations, appropriate to their size, structure and available
resources.

Reg.8 requires employers to

give employees comprehensible and relevant

information on health and safety risks identified by the assessment, the protective
and preventive measures.

OAA Legislation Overview

November 2009

Page 4 of 12

This may take the form of internal training or instruction on company procedures &
documents and how to implement controls or systems.

Reg.10 requires employers and the self-employed to provide employers and any
employees, and every employee from outside undertakings, and every selfemployed person, who is working in their undertakings with comprehensible
information concerning any risk from the undertaking.

Known hazards for tasks required or for sites or units operated must be
communicated to all contractors instructed to work on or within them.

Reg.12 requires that employees must use all equipment, dangerous substances,
transport equipment and safety devices in accordance with any relevant training
and instructions, and inform their employer or specified fellow employees of
dangerous situations and shortcomings in the employers health and safety
arrangements.

Defective structures or poor access arrangements must be reported to Members via

their employees or contractors.

Reg.13 requires employers and the self-employed to provide any person they
employ on a fixed-term contract or through an employment business (an agency)
with information on any special skills required for safe working. The employment
business must be given information about special skills required for safe working,
and specific features of jobs to be filled by agency workers where these are likely to
affect their health and safety. The agency employer is required to provide that
information to the employees concerned.

OAA Legislation Overview

November 2009

Page 5 of 12

The Workplace (Health, Safety and Welfare) Regulations

Reg.5 covers maintenance of workplaces, equipment, devices and systems, which
are to be cleaned, maintained in an efficient state, working order and good repair. If
a fault in any equipment or device is liable to result in a breach of any of these
regulations, it must be subject to a suitable system of maintenance.

The frequency of regular maintenance, and precisely what it involves, will depend
on the equipment or device concerned. The likelihood of defects developing, and the
foreseeable consequences, are highly relevant. The age and condition of the
equipment, how it is used and how often it is used should also be taken into
account.

Each unit operated by Members must be maintained in good condition, appropriate

managed processes will ensure continued inspection and repair of plant.

Reg.13 states so far as reasonably practicable, suitable and effective safety guards
are required against any person falling a distance liable to cause personal injury, or
being struck by a falling object liable to cause personal injury.

When fencing cannot be provided, or has to be removed, effective measures should

be taken to prevent falls. Access should be limited to specific people. A safe system
of work should be operated which may include the provision and use of a fall arrest
system, or safety lines and harnesses, and secure anchorage points. Adequate
information, instruction, training and supervision should be given.

Each unit shall have adequate safety systems to allow personnel to post and
maintain it without risk to their personal safety or that of people below them.

OAA Legislation Overview

November 2009

Page 6 of 12

Provision & Use of Work Equipment Regulations (PUWER)

The regulations require risks to peoples health and safety, from equipment that
they use at work, to be prevented or controlled. Work Equipment is defined as
virtually any equipment used at work, including:

Toolbox tools such as hammers, screwdrivers, pliers etc.

single machines such as drilling machines

lifting equipment, including slings & attachments

access equipment such as ladders

Members shall ensure that the units they operate are designed to reduce hazards as
far as possible and are maintained effectively.

They will further ensure that

contractors provide their staff with appropriate tools and equipment to service the
units.

Manual Handling Operations Regulations

These regulations require employers to reduce the risk of injury to employees who
carry out manual handling tasks to the lowest possible level.
Manual handling includes both transporting a load and supporting a load in a static
posture. The load may be moved or supported by the hands or any other part of the
body, e.g. shoulder. Manual handling also includes the intentional dropping of a load
and the throwing of a load, whether into a receptacle or from one person to
another.

Manual handling operations must be eliminated if at all possible, where it is not

mechanical aids should be used to reduce the physical effort required and
Operatives should receive training and instruction on safe lifting techniques.

The Work at Height Regulations

These regulations require employers to reduce the likelihood of a fall liable to cause
personal injury and to mitigate the effect of such a fall. Work at height should be
eliminated wherever possible and suitably controlled where the risk remains.
OAA Legislation Overview
November 2009

Page 7 of 12

Controls include the selection of the safest available access equipment and the use
of suitable equipment to prevent or reduce the effect of a fall. All access equipment
must be inspected and maintained to ensure that it does not give rise to further
hazards; access equipment is also considered work equipment and falls under
PUWER.

Members will ensure that units operated by them are accessed and serviced in the
safest possible way, ensuring equipment designed to prevent or mitigate a fall is
suitable and sufficient. The inspection and testing of all work at height equipment is
of paramount importance.

The Personal Protective Equipment at Work Regulations

These regulations require employers to supply personal protective equipment (PPE)
and employees to use PPE at work wherever risks to health and safety cannot be
adequately controlled by other means.

PPE is any equipment, which is designed to be worn or held by people at work to

protect them from specific health and safety risks. This embraces an enormous
variety of items such as safety helmets and boots, goggles/glasses, masks, gloves
and clothing to protect against extreme temperatures, poor visibility (hi vis) and
adverse weather conditions.

Members will ensure their staff are provided with and use PPE identified by risk
assessment and that contractors provide their staff with PPE.

The Lifting Operations and Lifting Equipment Regulations (LOLER)

These regulations aim to reduce risks to peoples health and safety from lifting
equipment provided for use at work. This has to do with the suitability of lifting
equipment and will be covered by a risk assessment undertaken for a particular
task.

OAA Legislation Overview

November 2009

Page 8 of 12

Lifting equipment includes any equipment used at work for lifting or lowering loads,
including attachments used for anchoring, fixing or supporting it. The regulations
cover a wide range of equipment including, cranes, forklift trucks, lifts, hoists,
mobile elevating work platforms, and vehicle inspection platform hoists. The
definition also includes lifting accessories such as chains, slings, eyebolts etc. In
addition to the requirements of LOLER, lifting equipment is also subject to the
requirements of PUWER.

Members will ensure that lifting equipment owned or hired by them is inspected and
maintained in accordance with the regulations.

They will further ensure that

contractors using lifting equipment to access or service their units comply with the
statutory requirements.

The Construction (Design and Management) Regulations (CDM)

These regulations place legal duties on specific roles within a construction project
and require co-operation and co-ordination between those parties. The Client, who
is responsible for the project, must ensure that arrangements are made to manage
the project and information on known hazards is provided to all those involved.

Certain projects are notifiable to the HSE and require additional duties of those
involved in the project.

Members are strongly recommended to follow the principles of CDM when installing
any unit and give due consideration to the building, servicing, maintaining and
removal of the unit and all personnel involved in such operations.

OAA Legislation Overview

November 2009

Page 9 of 12

The Control of Substances Hazardous to Health Regulations (COSHH)

These

regulations

require

employers

to

carry

out

suitable

and

sufficient

assessments of the risks to health arising from any work process involving
hazardous substances before that work begins. Many substances do not present a
risk to either health or safety when used in the correct manner.

However, when misused they may present a risk and this must be assessed to
ensure that the risk is managed effectively.

The disposal of any hazardous substances should comply with the relevant
environmental legislation.

Members should seek to remove hazardous substances from use wherever possible,
where it is not the use should be minimised and controlled appropriately.

The

Reporting

of

Injuries,

Diseases

and

Dangerous

Occurrences

Regulations (RIDDOR)
RIDDOR requires employers to report certain work-related accidents, diseases and
dangerous occurrences to the Health & Safety Executive (HSE). It applies to all work
activities; the following categories apply:

Death

Major Injuries

Over-three-day Injury

Disease

Dangerous Occurrence

The OAA will monitor RIDDOR reports from Members to try to analyse trends and
focus attention on commonly occurring accidents.

OAA Legislation Overview

November 2009

Page 10 of 12

Management & Control of Contractors

Implicit in the Act and Regulations above is the need for employers to assess the
risks posed by its activities and those of contractors working on their behalf. It is
essential that contractors are made aware of all known risks and are helped to
develop safe systems of work to control them effectively.

Competent contractors will ensure their staff are suitably skilled and have received
all relevant training, instruction and supervision to allow them to carry out their
tasks safely.

There are five parts to the control plan for contractors:

Questionnaire to identify potentially safe contractors (tender process)

Hazard identification within the specification

Put health and safety rules into the contract

Control the contractor on-site

Check safe completion of work

Review performance before issuing further instructions

British Standards
The British Standards Institute (BSI) name has been synonymous with best practice
for over a century. With its roots in the standardisation of the early railway systems,
civil engineering and construction, BSI has grown to become a complementary set
of world-class businesses.

A standard is defined as a document, established by consensus and approved by a

recognised body, which provides, for common and repeated use, rules, guidelines or
characteristics for activities or their results.

Any standard is a collective work. Committees of manufacturers, users, research

organisations, government departments and consumers work together to draw up
standards that evolve to meet the demands of society and technology. British
OAA Legislation Overview
November 2009

Page 11 of 12

Standards staff act as secretaries to these committees and project manage the
production of standards.

Both British and International standards cover the entire spectrum of products,
services and processes.

All British standards use the product identifier BS

All British adoptions of European Standards are identified with BS EN

All International standards are identified with ISO

All International standards adopted as British Standards are identified with

BS ISO

OAA Legislation Overview

November 2009

Page 12 of 12