Health Safety in the UK - Essay Example

Safety A review of the health and safety requirements in the United Kingdom Chapter 1 Introduction 2 Role of the Health and Safety Act 1974 1.3 Other Security Concerns Chapter 2 : Safety requirements for work places 2.1 Health and Safety at the workplace 2.2 Defining a workplace. 2.3 Duties of Employers Chapter 3: Safety requirements for Houses. 3.1 Fire Safety 3.2 Construction and fire safety 3.3 Laboratories Chapter 4: Safety requirements in public places 4.1 Introduction 4.2 Smoking Chapter 5: Conclusion Safety: The way ahead. Chapter 1 Aims: Understanding the UK legislative framework Understanding the Health and Safety laws 1.1 Introduction The UK has come a long way in terms of industrialization and development in terms of construction methods and standards.Infact eversice the mid seventies Britain's industrial structure has emerged as highly advanced as more machinery has been introduced to eliminate man-power and the services and construction industry is employing even less people than before(Booth 1992). According to HSE(Health and Safety Executive) statistics modern UK has 4 million enterprises in the UK, of which over 99% were classified as small (having less than 50 employees) and just 0.2% had over 250 employees. Overall, small and medium sized enterprises (SMEs) now employ nearly 60% of the workforce and 71% of enterprises have no employees.(HSE statistics2007) All this has contributed to an overall shift to the working and safety patterns in Britain as there has been a massive increase in temporary, agency and contract working, together with an inflow of migrant workers both from within and outside the EU. Also there has been an increase in the use of public places and thus safety issues become focal and form a large part of government planning and policy.(Booth 1992) There is an increased need for interference by the relevant health and safety law enforcement authorities and in Britain the Health and Safety Authorities deal with these activities which range from workplace concerns,nuclear plants,power plants,and offshore installations to colleges and manufacturing factories.However every year many thousands of workers suffer injuries at the work place.(HSE statistics 2007). 1.2 Role of the Health and Safety Act 1974 The laws have been updated to give the workers/labour force protection by focusing on sector specific laws. The Health and Safety Act 1974 alone extended protection public sector employees working in local government, hospitals, education and other services. It also imposed duties on self-employed people and on the designers, manufacturers and suppliers of equipment and materials and those affected by their duties.The past several decades have seen many tragic sagas like that of the Piper Alpha oil installation explosion, the Clapham train crash and the Kings Cross fire which created large health and safety issues.(Booth 1992). The Health and Safety Commission has thus played a seminal role in the management of the health and safety regulation in Great Britain by looking after health and safety in nuclear installations and mines, factories, farms, hospitals and schools, offshore gas and oil installations, the safety of the gas grid and the movement of dangerous goods and substances, and many other aspects of the protection both of workers and the public. The Health and Safety at Work etc Act 1974 is a part of a century long safety tradition in Britain and it set up new institutions and provided for the progressive replacement of all safety law which was then in place.The Act also provided for the setting up of two main institutions .Firstly the Health and Safety Commission(which consists of ten people who are appointed by the Secretary of State for Transport, LocalGovernment and the Regions). HSC makes arrangements to secure the health, safety and welfare of people at work, and the public, in the matters of making new law and conducting inquiries.The Employment Medical Advisory Service run by it advises people on health and safety issues. 1.3 Other Security Concerns It has some specific statutory responsibilities of its own, notably for the enforcement of health and safety law. The HSW Act and related legislation, is enforced by HSE, or by local authorities, according to the main activity carried out at individual work premises. The other body is the Health and Safety Executive which consists of administrators,lawyers , scientists, technologists and medical professionals; information and communications specialists, statisticians and economists as well as finance, accounts and personnel specialists.The HSE is involved in inspection and the collectio of statistics which all acts as a front line to people seeking advice on safety hazards.Under the HSE the Nuclear Safety Directorate (NSD), is responsible for regulating nuclear safety. Under UK law nuclear plants in Great Britain cannot operate without a site licence issued by HSE. NSD sets out the conditions attached to a site licence, the general safety requirements to deal with the risks on a nuclear site and administers the licensing regime on behalf of HSE. Also under the HSE is the Hazardous Installations Directorate (HID) which enforces health and safety legislation in 'upstream' petroleum and diving industries; sites where chemicals are manufactured or processed;large quantities of hazardous chemicals are stored, or where explosives are manufactured, processed or stored; pipelines transporting hazardous substances and road transport of hazardous substances, mining operations and mining exploratory drilling. HID also advises local authorities on planning for hazardous installations and other development in the vicinity of such installations. The preceding chapters will aim to discuss the difference between safety requirements in domestic and commercial premises with special regard to construction laws,workplace and public places.(HSE 1989, 1997) Chapter 2 Safety requirements for work places Aims To understand the workplace laws and employers duties Understanding Work at Height regulations. 2.1 Health and Safety at the workplace The Workplace (Health, Safety and Welfare) Regulations 1992 cover a wide range of basic health, safety and welfare issues and apply to most workplaces (with the exception of those workplaces involving construction work on construction sites, those in or on a ship, or those below ground at a mine).(Howie 1997). These do not apply to houses and construction sites..This area of law includes the Quarries Regulations 1999, the Health and Safety (Miscellaneous Amendments) Regulations 2002, the Work at Height Regulations 2005, and the Construction (Design and Management) Regulations 2007. Under the Regulations the Employers have a general duty under section 2 of the Health and Safety at Work etc Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work. People in control of non-domestic premises have a duty (under section 4 of the Act) towards people who are not their employees but use their premises. 2.2 Defining a workplace. Workplace is not taken in its literal sense and these regulations apply to a wide range of places like factories, shops and offices,schools, hospitals, hotels and places of entertainment. Therefore it is worth noting here that cinemas and labs would come under the definition of a work place.However domestics premises and home workers will be excluded from this list.Employers also have a duty to put up safety signs at construction sites 2(1)of Management of Health and Safety at Work Regulations 1999 .Under this regulation every employer must ensure that comprehensible and relevant information on the measures to be taken in connection with safety signs is provided to each of his employees( regulation 5(1)).and that each of his employees receives suitable and sufficient instruction and training in the meaning of safety signs and the measures to be taken in connection with safety signs regulation 5(2). Also regulation 2(1) (ibid) indicates that the employer concerned, having adopted all appropriate techniques for collective protection, and measures, methods or procedures used in the organisation of work, cannot avoid or adequately reduce risks to employees except by the provision of appropriate safety signs to warn or instruct, or both, of the nature of those risks and the measures to be taken to protect against them. (Regulations 2005) Another recent development in this area has been the introduction of the Work at Height Regulations 2005 came into force on 6 April 2005 and was designed to implement the provisions of EC Directive 2001/45/EC.'Work at height' is defined as any place from which a person could fall a distance liable to cause personal injury and imposes a positive duty on every employer shall ensure that work at height is properly planned, appropriately supervised and carried out in a manner which is so far as is reasonably practicable, safe. Weather conditions must not jeopardise the health or safety of persons working at height. Persons who engage in any activity in relation to working at height must be competent to do so. The work should not be carried out at height where it is reasonably practicable to carry it out otherwise than at height. Suitable and sufficient measures must be taken to prevent any person falling a distance liable to cause personal injury, and also to minimise the distance and consequence of a fall.(Regulations 2005) Under the new law the Employers must take into account the risk assessment carried out under the Management of Health and Safety at Work Regulations 1999 and give separate consideration to the measures required to prevent a person from falling, and to minimise the distance and consequences of a fall. Collective safety measures should be given priority over personal protective measures.(BSI 1996) Work equipment will have to selected taking into account the working conditions, the risks involved, the distance and consequence of a fall, the duration and frequency of use, etc. Guard rails, working platforms, nets and airbags, personal fall protection systems, ropes, work restraint systems and ladders must comply with the requirements laid down respectively in Schedules 2-5. (Regulations 2005) 2.3 Duties of Employers The Act also demands that employers shall make sure that suitable and sufficient steps are taken to prevent any person at work from falling through any fragile surface, and also to prevent the fall of any material or object. If there is a risk of any person at work falling a distance, or being struck by a falling object, devices shall prevent unauthorised persons from entering the area, and danger signs posted. (Howie 1997)Furthermore other safety requirements in this area require that every person shall, when working under the control of another person, report any activity or defect relating to work at height which he knows is likely to endanger the safety of himself or another person and work equipment will be used subject to the training and instructions provided by his employer.(Howie 1997)The diagram below shows the current situation with regard to construction accidents.(HSE statistics) Chapter 3 Safety requirements for Houses Aims Understand the fire safety requirements Understanding the construction requirements Understanding construction requirements in laboratories These requirements relate to fire hazards as well as construction and electric supply.Firstly the Fire safety law has been recently updated by the Regulatory Reform (Fire Safety) Order 2005 which came into effect in October 2006 and replaced over seventy pieces of fire safety law. This order regulates non-domestic premises in England and Wales, which is important because this can include common parts of blocks of flats or houses in multiple occupation (HMOs).These requirements pertain to the owners and managers of these busiesses regardless of the fact that you are a charity or voluntary organisation or a contractor with a degree of control over any premises. The law requires the persons concerned to carry out a fire safety risk assessment and implement and maintain a fire management plan. 3.1 Fire Safety As we all know ,fire safety is a performance characteristic of buildings and there is a need for sound technological functions of fire safety systems to be able to interact with the systems that are necessary for other environmental control systems.In Britain the practice of fire safety design and fire safety engineering has changed significantly in its engineering designs.The law imposes legal responsibility upon the owner/manager/facilities manager of the building and gives them the responsibility of implementing the installation of any improvements that are needed to the fire safety systems. The requirements aim to promote life safety ,content safety, and the minimisation of threat to the environment.In Britain the the local fire authority , insurance companies and local authorities work together to promote this safety. Currently the Fire safety requirements include ; 1. Construction Products Regulations 1992 an offshoot of the Construction Products Directive that imposes the requirements throughout Europe and requires the buildings to be safe in terms of mechanical resistance and stability; safety in case of fire; hygiene, health and the environment; safety in use; protection against noise; and energy, economy and heat retention. 2. Acts of Parliament and the related Regulation which impose a technological and management regime that is designed for the safety of the people using the building. 3. The third level of requirements for fire safety standards are those set by the application of the "workplace regulations"(see above). 3.2 Construction and firesafety These requirements stress upon the stability of the building structures like walls, floors, beams and columns, fuel loadings that are representative of a specific building usage are characterised by a duration of exposure to fire drills and tests. It has been suggested that the fire resistance of a timber structure can be enhanced by additional layer of wood and a steel structural system can be "improved" by the application of protective coating systems. Further more we are looking at "safety in use" and during evacuation of the building.This means that there will generally be a requirement of a safe pathway through the arrays of desks, chairs and other furniture and that pathway needs to be illuminated throughout the time of evacuation.Safety can also be achieved in both Domestic and non-domestic premises through the use of systems to detect intruders or potential arsonists. In Britain even today more than 50% of all fires are a result of fires caused by arsonists so this has to be prevented.The construction techniques need to include the requirement of air-tightness which will make the pressures developed on internal barriers in the building may affect the efficiency of smoke control systems, both natural exhaust systems and mechanical pressurisation systems. Another technical aspect of the construction of skyscrapers and domestic buildings alike is the role of visual performance so that people will be able to perceive thedistance, shapes, surfaces, space and location, all important factors in way-finding during emergency exits.Also important is the provision of emergency lighting, escape lighting and pathway lighting and this should be paid attention to even when the building is being designed.Proper selection and location of "exit" signs is integral and these should be visible and legible at any time during an emergency in the building. The most sound aspect of British legislation is the attention it pays to the visually disabled in mind while keeping in mind the physically disabled as well. In this regard the temperature of surfaces and the slipperiness of floors is given special attention. Another aspect of safety is safe domestic water supply to a building as well the basic design of toilets that open directly into a staircase enclosure that is otherwise protected from fires in adjacent spaces. There fire safety systems are required to be durable and should be replaced during regular intervals. 3.3 Laboratories The current safety regime for laboratories in the UK is governed by the Regulations which came into force in 1997 there came into force in the UK that is 'The Good Laboratory Practice Regulations 1997' and this piece of legislation embodies the framework for safety within which laboratory studies are planned, performed, monitored, recorded, reported and archived. The laws also sets out specific requirements depending upon what kind of usage is prevalent in the laboratories.For example the Authorities might ask you to disclose whether the minimum UK standards are being met for the use of chemicals ,the existence of a Chemical Hygiene Plan (CHP),use of a Hazard Communication Program,safety training for employees/workers,knowledge of the UK Hazardous Waste Manual, use of Manufactured Nanoparticles (MNPs),recombinant DNA and as well as knowledge of the UK Biosafety Manual,NIH Guidelines.Other considerations will include the query whether the research involves gene therapy or vectors for use in gene therapy,use of infectious agents be used (includes human, plant and animal agents and toxins) or that of Livestock Pathogens, Toxins or Plant Pathogens be used, stored, transported, shipped or received in the laboratory.(Based on HSE standards-see below) The safety requirements also stress upon the use of human blood, body fluids, or tissues be used (includes human cell/tissue culture) and the used of an Exposure Control Plan for Bloodborne Pathogen and radioactive materials with the use of x-ray producing devices. And finally the crux of such safety requirements include the availability of fire extinguishers available for use and training for them.Any new plans for construction and building with in the lab also have intense safety requirements. Chapter 4 Safety requirements in public places Aims Understanding safety in theatres and public places Understanding the law relating to anti-smoking 4.1 Introduction Public places like cinemas and parks have their own regime for health and safety of the public under the Theatres Act 1974 and the Licensing Act 1964 .Today theatres cannot sell alcohol without a licence.Infact these requirements now form a part of the licensing conditions for these places and are primarily important to the context of public safety and fire safety .For example of the premises are being used for closely seated audiences it is required under the law that there has be a minimum number of attendants on each floor who will take care of any problems or emergencies.Likewise they should not be involved in any work which would hinder prompt discharge of their duties in the event of an emergency or account for their absence.People should be able identify these attendants and a safe coherent seating plan should be in order which avoids tripping hazards or obstruction.As a part of safety considerations a certificate relating to the design, construction and loading of any temporary seating shall be kept available at the premises to be furnished upon request. The law forbids the audience and requires the authority to keep in check that there is No sitting on the floors, No Waiting or standing in any gangway exit or landings. No placing of clothing or other objects to be placed over balcony rails or upon balcony fronts. Also important is the management of special effects or mechanical installations and they should be arranged and stored so as to minimise any risk to the safety of the audience, the performers and staff. In addition to this any scenery should be maintained flame-retardant and the safety curtains should be there in case of fires.The ceilings in those parts of the premises to which the audience are admitted should be inspected by a suitably qualified person and safety certification is mandatory. The rule is that if the audience exceeds 250 all seats in the auditorium should be securely fixed to the floor. If the premises are being used for film exhibitions there is an additional requirement for Minimum lighting with out affecting the effective presentation of the film.It should comply with the standards specified in BS CP 1007 (Maintained Lighting for Cinemas). In recent years much connected to the issue of safety has been smoking in workplaces and public places like cinemas and theatres.No doubt there is evidence that t exposure to other people's smoke is dangerous to health (a fact acknowledged widely by the medical academia). More recent studies have shown that exposure to second-hand smoke is a serious health risk to non-smokers, increasing their chance of contracting lung cancer and heart disease. National Statistics estimate that exposure to second-hand smoke in the workplace causes around 617 premature deaths in the UK each year.( as compared to the deaths in the UK from all industrial accidents, reported by the Health and Safety Executive to be 235 in 2003/4.).In this case those most exposed to a high degree of risk depends on the extent and duration of exposure and this is particularly enhanced for the bar staff, casino workers and other employees in workplaces where smoking is routine. Derek Wanless in his recent report to the UK Government on public health ("Securing Good Health for the Whole Population") stated that "A number of other countries have now implemented a workplace smoking ban via legislation. Some of this experience has been shown to be successful in reducing the prevalence of smoking.Some studies estimate that a workplace smoking ban in England might reduce smoking prevalence by around 4 percentage points - equivalent to a reduction from the present 27 per cent prevalence rate to 23 per cent if a comprehensive workplace ban were introduced in this country." Currently the Section 2(1) of the Health and Safety at Work Act 1974 imposes a general duty on the employers to their employees and provides that: "it shall be the duty of every employer to ensure, so far as reasonably practicable, the health, safety and welfare at work of all his employees. 4.2 Smoking Also Section 2(2)(e) of HSAW 1974, puts a duty of care on the employer in respect of employees: "to provide and maintain a safe working environment which is, so far as is reasonably practicable, safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work". For compensation under the HSWA is not whether the employer knew about the risks of particular substances or practices in the workplaces, but that they ought to have known, in the light of knowledge available at the time. ("guilty knowledge".) So for a prosecution under this Act it would suffice to prove the date of guilty knowledge in respect of second-hand smoke would be likely to be held by the courts to be sometime in the early 1990s.The current White Paper which proposes to end smoking in the great majority of workplaces and public places with the exception of the pubs which do not serve food and private clubs, despite the fact that the Government's own Scientific Committee on Tobacco and Health has advised that bar workers are particularly at risk from secondhand smoke. All this has been linked to a growing awareness of the health risks of passive smoking which has grown the need for public places has dramatically increased. The 2003 Office for National Statistics survey found that for the 55% of non-smokers who mind if people smoke near them, tobacco smoke causes a variety of problems: 21% said it affected their breathing; 17% said it irritated their eyes, and 17% said it made them cough. Another recent development is the Publication of the "Smoking Kills" White Paper in 1998, where the principal trade bodies within the hospitality industry, agreed to draw up a an agreement to deal with passive smoking and to o encourage venues to increase provision for non-smokers and improve overall air quality. It is worth mentioning here as well that as a safety precaution under the smoking is also banned in Public transport n the UK. Also in public places such as cinemas, shopping centres, banks, there is a ban on smoking while in places where may spend a long period of time such as airports and places of entertainment, there are separate smoking and non-smoking enclosures which are provided. Chapter 5: Conclusion Safety: The way ahead. In this paper we have reviewed the various safety regimes prevalent in the UK and how they differ in terms of residential and commercial requirements. However it has also been observed that these laws and regulations differ only slightly in relation to each other. The UK safety regime has come a long thus to counter the increasingly commercial and over-populated nature of Britain.The laws are very strict yet there is a danger they might not be complied properly. Much attention has also been paid to the current smoking regime in the arena of banning the inhalation of second hand smoke. Also analysed have been the requirements under construction and workplace law where it is required that the equipment must be suitable and that the equipment must be securely attached to a structure or to plant and the structure or plant and the means of attachment thereto must be suitable and of sufficient strength and stability for the purpose of safely supporting the equipment. However proper legal enforcement is a part and parcel of maintaining this comprehensive legal and procedural machinery which has already played a pivotal part in the enforcement of the laws in this area. References 1. Booth, R.T. (1992), "Monitoring health and safety performance - an overview", Journal of Health and Safety, No.9, . 2. Brasier v.Skipton Rock Company 1962, All ER 955, . 3. British Standards Institution (1996), BS:8800, Guide to Occupational Health and Safety Management Systems, BSI, London, . 4. 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British Standards Institution (1997), DD240: Part 1: 1997, Fire Safety Engineering in Buildings, Part 1. Guide to the Application of Fire Safety Engineering Principles, BSI, London. 28. Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice L24 HSE Books 1992 29. Management of health and safety at work. Management of Health and Safety at Work Regulations 1999. Approved Code of Practice and guidance L21 (Second edition) HSE Books 2000 ISBN 978 0 7176 2488 1 30. Disability Rights Commission's Code of Practice on Employment and Occupation available from the Commission's website at: www.drc-gb.org 31. Safe use of work equipment. Provision and Use of Work Equipment Regulations 1998. Approved Code of Practice and guidance L22 (Second edition) HSE Books 1998 ISBN 978 0 7176 1626 8 32. Manual handling. Manual Handling Operations Regulations 1992 (as amended). 33. Guidance on Regulations L23 (Third edition) HSE Books 2004 34. Personal protective equipment at work. Personal Protective Equipment at Work Regulations 1992 (as amended). Guidance on Regulations L25 (Second edition) 35. Work with display screen equipment. Health and Safety (Display Screen Equipment) Regulations 1992 as amended by the Health and Safety (Miscellaneous Amendments) Regulations 2002. Guidance on Regulations L26 (Second edition) 36. Heat stress in the workplace: What you need to know as an employer General Information Sheet: www.hse.gov.uk/pubns/geis1.pdf 37. The Work at Height Regulations 2005 (as amended): A brief guide Leaflet INDG401(rev1) HSE Books 2007 www.hse.gov.uk/pubns/indg401.pdf 38. Preventing slips and trips at work Leaflet INDG225(rev1)www.hse.gov.uk/pubns/indg225.pdf 39. Workplace transport safety - An employers' guide HSG136 (Second edition) Read More