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A number of frequently asked questions concerning occupational health and safety are listed below. If you wish to discuss any matter in greater detail please contact our Food/Health and Safety Office.
A1. The Health and Safety at Work etc Act 1974 is the main piece of legislation concerned with workplace health, safety and welfare matters. There are other specific pieces of legislation including:
Our numerous health and safety web pages provide guidance on heath, safety and welfare issues as does the website of the Health & Safety Executive (HSE) at www.hse.gov.uk
If you need to raise or discuss specific matters on health and safety with an authorised officer please contact our Health & Safety Office by telephone 0115 901 3838 or by writing to them at the Civic Centre, Arnot Hill Park, Arnold, Notts NG5 6LU, or email foodsafety@gedling.gov.uk.
A2. Employers and the self-employed have specific legal responsibilities to look after the health safety and welfare of their employees, and themselves in the case of the self-employed and to anyone else who may be affected by what they do or do not do. They must ensure that workplaces and work activities do not put visitors, members of the public and others at unnecessary risk.
A3. Employees must look after their own health and safety at work, take care of the health and safety of others, co-operate with their employer and not misuse or interfere with anything provided for health and safety purposes.
A4. All businesses with employees need to register with their enforcement authority in line with Section 49 of the Offices Shops and Railway Premises Act 1963 -this is either the Health and Safety Executive or the local authority where the business premises are located, and depends on the type of business that you are operating. An OSRForm1 used for this purpose can be requested from our Health & Safety Office by telephone 0115 901 3838 or by writing addressed to the Health & Safety Office, Civic Centre, Arnot Hill Park, Arnold, Notts NG5 6LU, or by emailing foodsafety@gedling.gov.uk
The HSE has enforcement responsibility over premises such as factories, building sites, mines, farms, fairgrounds, quarries, railways, chemical plant, offshore and nuclear installations, garages offering body repairs and MOTs, schools and hospitals. The range of businesses that local authorities enforce includes shops, offices, distribution centres and warehouse premises. If you are unsure of who has responsibility for enforcing health and safety at your business or place of work contact our Health & Safety Office at the Civic Centre, Arnot Hill Park, Arnold, Notts NG5 6LU telephone 0115 9013838 or email foodsafety@gedling.gov.uk.
A5. If you employ 5 or more people, even if they are only part time then the business must have a written health and safety policy. This will include a general statement of intent to protect the health and safety of your employees, together with the organisation and arrangements used to carry it out. Once the policy has been devised and written down, it must be brought to the attention of all staff. Apart from complying with the legal requirement a safety policy can bring many advantages to the workplace. It should lead to better standards for your staff, improved morale and greater benefits (often financial). You can produce your own safety policy using the HSE free booklet, INDG 259 “An Introduction to Health and Safety” which can be found at http://www.hse.gov.uk/smallbusinesses/must/policy.htm.
All companies are legally required to identify hazards and assess the risks presented by the work that the company undertakes.
If you have over 5 employees, all significant risks identified in this way must be recorded with accompanying control measures that the Company employ to reduce the risks. The evaluation can be numerically calculated or can be purely descriptive. The assessments should be brought to the attention of employees and thereafter periodically updated and when a significant change requires it. The HSE website at http://www.hse.gov.uk/pubns/indg163.pdf contains the leaflet, "Five Steps to Risk Assessment" that will be of help to you.
A7. A good place to get further information on the health and safety affecting a new business is www.safestartup.org
In addtion you may wish to visit the HSE Infoline webpage
Further tailored assistance can be obtained by contacting our Health and Safety Office Food/Health and Safety Section, Planning and Environment Department, Civic Centre, Arnot Hill Park, Arnold, Notts NG5 6LU. You can
telephone on 0115 9013838, or fax 0115 901 3843, email foodsafety@gedling.gov.uk.
A8. Appointed (authorised) Officers have the right to enter and inspect premises at all reasonable hours and most inspections and visits are carried out without any advance notice.
The officers will look at the way you operate your business to identify potential hazards and to make sure the business complies with the law. They will discuss any problems with you and advise on possible solutions. They have wide enforcement powers that they will use to protect employees and the public.
A9. Officers will show their identification on arrival at the business, they will have a courteous manner and provide feedback from the inspection, such as information about hazards that have been identified and guidance on how they could be avoided. In their report and in any letter to you they will make a clear distinction between what the inspector is recommending you do because it is good practice and what you must do to comply with the law. Where remedial work is required a reasonable time will be given to meet statutory requirements (except if there is an immediate risk where officers consider it necessary to take action immediately on site). In any letter or notice you will be informed of the procedures for appealing against local authority action.
If you think the outcome is not fair you should first contact the Section Manager to the Food and Health and Safety Office to see if the problem can be resolved informally. This Authority operates a complaints and compliments scheme- a copy of the leaflet can be obtained from the Health & Safety Office at the Civic Centre, Arnot Hill Park, Arnold, Notts NG5 6LU telephone 0115 9013838 or email foodsafety@gedling.gov.uk.
A10. Authorised officers have wide powers. Amongst these is the right to enter and inspect businesses at all reasonable hours and can take samples, photographs, and inspect records. They may write to you informally asking you to put right any problems they find. Where breaches of the law are identified that must be put right they can serve Improvement Notices. In serious cases they may decide to recommend a prosecution. If there is an immediate risk to employees or others, inspectors can serve a Prohibition Notice which forbids the use of the premises, equipment etc.
A 11. Asbestos is a naturally occurring mineral with excellent fire and chemical resisting properties that found extensive use as a building material in Great Britain from the 1950s through to the mid-1980s. It is estimated that more than 500,000 non-domestic premises still contain some form of asbestos. Any type of building built before 2000 (factories, offices, schools, hospitals, homes etc) could contain asbestos. Unfortunately the microscopic asbestos fibres released when the material is damaged, worn or worked upon can cause long-term health problems when breathed in including cancer.
A very wide range of workers are engaged in building repair, maintenance and refurbishment and remain at risk from exposure to asbestos fibres. The table below list the main trades but this list is by no means exhaustive. It is estimated that over 1.8 million workers are involved in the maintenance trades alone.
The duty to manage asbestos is contained in regulation 4 of theControl of Asbestos Regulations 2006. It requires the person who has the duty (ie the “dutyholder”) to:
There is also a requirement on anyone to co-operate as far as is necessary to allow the dutyholder to comply with the above requirements. The HSE’s website http://www.hse.gov.uk/asbestos/campaign/duty.htm has more information on this and on the types of premises involved.
The HSE's asbestos web site has a lot more information for businesses on working with asbestos, these pages can be viewed at www.hse.gov.uk/asbestos/index.htm.
A12. The different forms of asbestos found use in a variety of products where heat and oil were likely to be encountered. This made asbestos containing materials useful in the home in the past and if your property is more than 15 years old it is possible that it could have some materials containing asbestos.
Due to the microscopic size and shape of the asbestos fibres, breathing in the fibres when the material is improperly handled can lead to a number of associated diseases.
What to do if you find asbestos in your home
A13. An able bodied person should be able to safely dismantle a garage or shed made with asbestos cement panels provided they follow safety guidelines and wear appropriate protective equipment. However you could have a competent contractor undertake the work for you if you were unable to do the work yourself.
Where you are doing the work yourself good preparation is required and you should ensure that the panels are worked on while wet to reduce the likelyhood of particles being released from the structure. Avoid working on the structure on windy days where pieces of material could be blown off. Also ensure that pets and children do not come near the area you are working in.
If you are intending to dispose of the material yourself always contact Nottinghamshire County Council on 0115 977 2019 to find out where and when you can take the material for safe disposal before starting work. This way you will not have material left outside your property awaiting disposal.
For working with asbestos cement materials you will need to wear a face mask suitable for working with asbestos cement products, obtainable from larger DIY stores. You will also need a disposable overall or set of old clothes and goggles to protect your eyes.
You will require some polythene sheeting to place the panels on as they are removed. By covering the dismantled wet panels in polythene the asbestos panels can be gently cracked if necessary to reduce the size of panels to fit the transport taking them to the disposal site.
Roofing panels can often be removed in entire panels by hacksawing through retaining bolts or hooks. Never work on roofing panels from above as they are very fragile and you are likely to fall through onto the floor below. Do not allow panels to smash into fragments as this increases the likelyhood of dust being created.
Side panels may be nailed in place but try to remove them in as large and entire panels as possible and avoid breaking them into small pieces. The wet panels will be less likely to release fibres when cracked in the dismantling process.
When nearing completion of the job any material found on the ground can be scooped up and placed in a polythene bag for disposal with the rest of the material together with the mask and overalls.
A14. Asbestos is classed as 'special waste' - which means that it must be disposed of separately from normal domestic refuse. If you use professionals to take down and remove asbestos cement containing materials for you they will make the arrangements to dispose of it under waste licence arrangements. It is your responsibility to check that the professional/contractor you choose has the relevant licence. A "Special Waste Consignment Note" provided by the Environment Agency must accompany each load of special waste. The contractor should provide you with a copy of this.
Alternatively you may wish to hire a special skip for the disposal of the material or contact the Direct Services Department of this Authority to discuss the arrangements for the collection of the bagged material, at cost, from you.
If as a householder, you intend to transport asbestos cement waste in your own vehicle, you do not need to be a registered carrier provided that it is your own waste. However, you should take the following steps to ensure that the asbestos cement does not contaminate your car:
A15. Employers need to report certain types of accident, dangerous occurrences and case of diseases. Incidents can be telephoned to the Incident Contact Centre on 0845 3009923 (available Monday to Friday from 8.30am to 5.00pm) or Faxed on 0845 3009924. Alternatively reports can be posted to the Incident Contact Centre (ICC), Caerphilly Business Park, Caerphilly, CF83 3GG.
You can still report directly to your local HSE Office or Local Authority by completing and sending them an
RIDDOR applies to all work activities but not all incidents are reportable. If someone has had an accident in a work situation where you are in charge, and you are unsure whether to report it contact the Incident Contact Centre (ICC).
The information supplied to HSE in a RIDDOR report is not passed on to your insurance company. If you think your insurer needs to know about a work related accident, injury, or case of ill health please remember to contact them separately - insurers have told us that reporting injuries and illnesses at work to them quickly could save you time and money.
A16. As an employer, a person who is self-employed, or someone in control of work premises, you have legal duties under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR), these regulations require you to report and record some work-related accidents by the quickest means possible. You must report deaths, major injuries, and over 3 day injuries, dangerous occurrences and reportable diseases in this way. Further details on the types of incidents that need to be reported together with the reporting arrangements can be viewed at http://www.hse.gov.uk/riddor/.
A17. The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment. Regulation 7 of these Regulations deals specifically with the temperature in indoor workplaces and states that:
During working hours, the temperature in all workplaces inside buildings shall be reasonable.
However, the application of the regulation depends on the nature of the workplace i.e. a bakery, a cold store, an office, a warehouse.
The national Approved Code Of Practice (ACOP) states-‘The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable. 'Workroom' means a room where people normally work for more than short periods. The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.’
Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by:
Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling.
Where, despite the provision of local cooling, workers are exposed to temperatures, which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.
A18. A worker is entitled to an uninterrupted break of 20 minutes when daily working time is more than six hours. It should be a break in working time and should not be taken either at the start, or at the end, of a working day.
Under the Working Time Regulations 1998, regulation 10, a worker is entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which he works for his employer.
However, there are a number of special circumstances in which the entitlement to rest periods does not apply, for example, where the activities involve a need for continuity of service or production or where there is a foreseeable surge of activity. Also, if a shift worker changes shift, it may not be possible for them to take their full rest entitlement before starting the new pattern of work. In such a case the entitlement to daily and weekly rest does not apply.
If a young worker is required to work more than four and a half-hours at a time, then they are entitled to a break of 30 minutes. A young worker is also entitled to twelve uninterrupted hours in each 24-hour period in which they work. Both these entitlements can only be altered or excluded in exceptional circumstances. Young workers are also entitled to 2 days off each week and this cannot be averaged over 2 weeks.
The website of the HSE contains information on this subject at: http://www.hse.gov.uk/contact/faqs/workingtimedirective.htm
In addition ACAS the Advisory, Conciliation and Arbitration Service website contains more information on employment rights and can be viewed at:http://www.acas.org.uk/.
A19. The HSE web site contains an informative free leaflet, “First aid at Work Your questions answered’ available from http://www.hse.gov.uk/pubns/indg214.pdf.
A20. The Workplace (Health, Safety and Welfare) Regulations 1992. Regulation 20 requires that suitable and sufficient sanitary conveniences shall be provided at readily accessible places. The number of toilets, urinals and wash hand basins depends upon the number of persons working at any one time and whether employees are of a single sex or not. You can view the details at http://www.hse.gov.uk/pubns/indg293.pdf.
A21. Yes. You must display the "Health and Safety Law - What You Should Know" poster (available from HSE Books and The Stationary Office). It requires you to fill in details of the Local HSE or Local Authority dependent on which is your enforcing authority as well as the contact details for the Employment Medical Advisory Service (EMAS) for your employees.
A22. The Health and Safety Law Poster contains three sections that need to be completed.
1.Employee Representative(s)
This section is to identify the details of the representative that has been appointed/elected by the employees, either under the Safety Representatives and Safety Committee regulations 1977( if the work place has a trade union) or the Consultation with Employee Regulations 1996, (if there is no union represented). If there is no one who has been appointed/elected by the employees and the employer consults directly with the employees, then this box is left blank.
2.Management Representative
This section is to identify the person appointed by the employer for health and safety, (i.e. health and safety officer). The Management of Health and Safety at Work Regulations 1999, regulation 7 states that "Every employer shall, appoint one of more competent persons to assist him in undertaking the measures he need to take to comply with the requirements imposed upon him by the regulations". In practice this could be the employer themselves, depending on the size and structure of the business, and if the employer has the relevant training and experience.
3.Enforcing Authority
Your enforcing authority for health and safety (either the HSE or the local authority where the business operates) depends on the type of business you conduct. The HSE has enforcement responsibility over premises such as factories, building sites, mines, farms, fairgrounds, quarries, railways, chemical plant, offshore and nuclear installations, schools and hospitals. The range of businesses that local authorities enforce includes shops, offices and warehouse premises. If you are unsure of who has responsibility for enforcing health and safety at your business or place of work contact our Health & Safety office at the Civic Centre, Arnot Hill Park, Arnold, Notts NG5 6LU telephone 0115 901 3838 or email foodsafety@gedling.gov.uk
The HSE in Nottingham are based at City Gate West, Toll House Hill, Nottingham NG1 5AT, Telephone 0115 971 2800. The Employment Medical Advisory Service (EMAS) is also located at the HSE address.
A23. If you employ anyone you must have a valid Employers Liability Insurance and the certificate should be displayed where all employees can see it. If members of the public or visitors are allowed on your premises you should have adequate Public Liability Insurance. Your insurance broker is the best person to advise about these requirements.
A24. Electrical equipment and electrical systems at business premises should be tested by a competent person for electrical safety on a regular basis. It may be useful for a record to be kept of such tests. The period between tests will vary according to use. An electrical system in a building may only require testing at ten yearly intervals whereas a portable electrical tool in regular use and subject to abuse may need testing prior to every use. A visual check should be carried out before using any electrical equipment to identify any damaged cables or signs of burning. No one should attempt any electrical repairs unless they have the technical knowledge and experience to avoid the possibility of danger or injury. The HSE booklet, “Maintaining Portable Electrical Equipment in Offices and other Low Risk Environments” ref INDG 236 can be downloaded from the HSE website at http://www.hse.gov.uk/pubns/indg236.pdf.
A25. There are no absolute restrictions on working alone- it will depend on the findings of a risk assessment. The broad duties of the Health and Safety at Work etc Act 1974 and Management of Health and Safety at Work Regulations 1999 require an employer to have identified the hazards of the work, to have assessed the risks involved, and to have put control measures in place to avoid or control the risks. Control measures may include instruction, training, supervision, protective equipment etc. Employers should take steps to check that control measures are used and review the risk assessment from time to time to ensure it is still adequate.
When risk assessment shows that it is not possible for the work to be done safely by a lone worker, arrangements for providing help or back-up should be put in place. Where a lone worker is working at another employer's workplace, that employer should inform the lone worker's employer of any risks and the control measures that should be taken. This helps the lone worker's employer to assess the risks.
Risk assessment will help decide the right level of supervision. There are some high-risk activities where at least one other person may need to be present. Examples include some high-risk confined space working where a supervisor may need to be present, as well as someone dedicated to the rescue role, and electrical work at or near exposed live conductors where at least two people are sometimes required.
Lone workers should not be at more risk than other employees. This may require extra risk-control measures. Precautions should take account of normal work and foreseeable emergencies, e.g. fire, equipment failure, illness and accidents. Employers should identify situations where people work alone and ask pertinent questions such as:
The HSE has a helpful publication “Working alone in safety-controlling the risks of solitary work” available for download free at http://www.hse.gov.uk/pubns/indg73.pdf (file size 64 KB).
A26. Yes, our, “Violence in the workplace” web page contains useful advice on helping prevent incidents. You may also wish to visit the HSE website at http://www.hse.gov.uk/pubns/indg69.pdf to download a copy of their leaflet, “Violence at Work- A guide for Employers”.
A27. Where any organisation has at least one paid employee, it is considered to be an 'employer' for the purposes of the HSW Act and the regulations made under it.
The Management of Health and Safety at Work Regulations 1999 places a duty on both employers and the self-employed to assess the risks to employees and anyone else (e.g. voluntary workers, clients and customers) who may be affected by the work activities being undertaken. As a result of this assessment, appropriate preventive and protective measures have to be taken to reduce the risks identified if they are not being adequately controlled at present. Some health and safety regulations require specific protective and preventive measures that have to be taken in certain circumstances or when undertaking particular activities.
In general, the same health and safety standards should be applied to voluntary workers as they would to employees exposed to the same risks. However, if the risk assessment shows that the risks to voluntary workers are different, the preventive and protective measures taken should reflect the different risks.
The HSE considers it good practice for a volunteer user to be provided with the same level of health and safety protection as they would in an employer/employee relationship, irrespective of whether there are strict legal duties.
The HSE has published, HSG192, Charity and voluntary workers: a guide to health and safety at work, (ISBN 0717624242). More information can be found on the HSE website http://www.hse.gov.uk/pubns/books/charity.htm.
A28. The Manual Handling Operations Regulations 1992 (as amended) do not set a specific weight limit but rather focuses on the needs of the individual carrying out manual handling tasks and provides a hierarchy of measures for safety during manual handling operations:
Further detailed advice on manual handling risk assessments are available in the priced HSE publication, “Manual Handling Operations Regulations 1992-Guidance on Regulations” Ref L23 ISBN 0-7176-2315-3.
A29. The HSE has produced the manual handling assessment chart (MAC) to assist employers with their manual handling assessments this is available to download from http://www.hse.gov.uk/pubns/indg383.pdf.
A30. The Control of Substances Hazardous to Health (COSHH) Regulations 2002 is the main piece of legislation covering the control of the risks to the health of employees and other people arising from exposure to hazardous substances in connection with work. Examples of hazardous substances include adhesives, paints and cleaning agents used at workplaces, substances generated during work activities such as soldering fumes and sawdust, naturally occurring substances such as flour and grain dust and biological agents giving rise to diseases.
The main objective of the Regulations is to reduce occupational ill health by setting out a framework for controlling hazardous substances in the workplace. To comply with COSHH employers need to follow the following eight steps:
The HSE website contains more information on COSSH- the leaflet, “COSSH A Brief Guide to the Regulations” ref INDG 136(rev3) and can be obtained from this link http://www.hse.gov.uk/pubns/indg136.pdf
If your business is enforced by this Authority and require further information on COSHH or wish to discuss specific matters with an officer please do not hesitate to contact our Health and Safety Office by telephone on 0115 9013838 or by email to foodsafety@gedling.gov.uk. Businesses regulated by the Health and Safety Executive can initially contact them locally by telephoning 0115 9712800.
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