Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice and guidance

Health and Safety

Workplace health, safety and welfare Workplace (Health, Safety and Welfare) Regulations 1992

Approved Code of Practice and guidance The Workplace (Health, Safety and Welfare) Regulations 1992 cover a wide range of basic health, safety and welfare issues and apply to most workplaces (except those involving construction work on construction sites, those in or on a ship, or those below ground at a mine).

The book includes the Regulations in full, as well as the Approved Code of Practice and guidance. It will help employers understand the regulatory requirements on issues such as ventilation, temperature, lighting, cleanliness, room dimensions, workstations and seating, floor conditions, falls or falling objects, transparent and translucent doors, gates and walls, windows, skylights and ventilators, traffic routes, escalators, sanitary conveniences and washing facilities.

This revised and updated version takes account of changes to legislation since the previous edition was published, including: L24 (Second edition) Published 2013 ■ Quarries Miscellaneous Health and Safety Provisions Regulations 1995; ■ Quarries Regulations 1999; ■ Work at Height Regulations 2005; ■ Construction (Design and Management) Regulations 2007; ■ Health and Safety (Miscellaneous Repeals, Revocations and Amendments) Regulations 2002.

HSE Books

© Crown copyright 2013

First published 1992 Second edition 2013

ISBN 978 0 7176 6583 9

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Some images and illustrations may not be owned by the Crown so cannot be reproduced without permission of the copyright owner. Enquiries should be sent to copyright@hse.gsi.gov.uk.

Approved Code of Practice

This Code has been approved by the Health and Safety Executive, with the consent of the Secretary of State. It gives practical advice on how to comply with the law. If you follow the advice you will be doing enough to comply with the law in respect of those specific matters on which the Code gives advice. You may use alternative methods to those set out in the Code in order to comply with the law.

However, the Code has a special legal status. If you are prosecuted for breach of health and safety law, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in some other way or a Court will find you at fault.

Guidance

This guidance is issued by the Health and Safety Executive. Following the guidance is not compulsory, unless specifically stated, and you are free to take other action. But if you do follow the guidance you will normally be doing enough to comply with the law. Health and safety inspectors seek to secure compliance with the law and may refer to this guidance.

Contents

Preface 5 Introduction 7 About this book 7 Requirements under these Regulations 7 Duties under these Regulations 7 Risk assessment 7 Involving workers 8 About ACOPs 8 Presentation 8 Regulation 1 Citation and commencement 9 Regulation 2 Interpretation 9 Regulation 3 Application of these Regulations 11 Means of transport 12 Extractive industries (mines, quarries etc) 12 Construction sites 12 Temporary work sites 13 Farming and forestry 13 Regulation 4 Requirements under these Regulations 13 Modifications, extensions and conversions 15 Stability and solidity 15 Regulation 5 Maintenance of workplace, and of equipment, devices and systems 16 Regulation 6 Ventilation 17 Regulation 7 Temperature in indoor workplaces 19 Thermal insulation 20 Solar radiation 21 Harmful or offensive fumes 21 Regulation 8 Lighting 21 Regulation 9 Cleanliness and waste materials 22 Regulation 10 Room dimensions and space 23 Regulation 11 Workstations and seating 24 Regulation 12 Condition of floors and traffic routes 25 Regulation 13 Falls or falling objects 27 Other Regulations and standards 28

Regulation 14 Windows and transparent or translucent doors, gates and walls 29 Regulation 15 Windows, skylights and ventilators 30 Regulation 16 Ability to clean windows etc safely 31 Regulation 17 Organisation etc of traffic routes 31 Definition 32 General requirements for traffic routes 32 Separation of people and vehicles 33 Crossings 33 Loading bays 34 Signs 34 Regulation 18 Doors and gates 35 Regulation 19 Escalators and moving walkways 37 Regulation 20 Sanitary conveniences 37 Regulation 21 Washing facilities 37 Minimum numbers of facilities 39 Remote workplaces and temporary work sites 40 Ventilation, cleanliness and lighting 40 Other Regulations and publications 40 Regulation 22 Drinking water 41 Regulation 23 Accommodation for clothing 41 Regulation 24 Facilities for changing clothing 42 Regulation 25 Facilities for rest and to eat meals 43 Facilities for pregnant women and nursing mothers 44 Preventing discomfort caused by tobacco smoke 44 People with disabilities 45 Regulation 26 Exemption certificate 45 Regulation 27 Repeals, saving and revocations 46 Schedule 1 Provisions applicable to factories which are not new workplaces, modifications, extensions or conversions 47 Regulations 10 and 20 47 Schedule 2 Repeals and revocations 48 Appendix 1 Notice of Approval 52 Appendix 2 Extracts from relevant health and safety legislation 53 Health and Safety at Work etc Act 1974 – Section 2 53 Health and Safety at Work etc Act 1974 – Section 4 53 Factories Act 1961 – Section 175(5) 54 References 55 Further reading 58 Further information 59

Preface

This document contains the Workplace (Health, Safety and Welfare) Regulations 1992, together with an Approved Code of Practice (ACOP) and additional guidance.

The Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004) implement most provisions of the European Commission Workplace Directive (89/654/EEC).

Although failure to comply with any provision of the ACOP is not in itself an offence, the failure may be taken by a Court in criminal proceedings as proof that a person has contravened the regulation to which the provision relates. In such a case, however, it will be open to that person to satisfy the Court that he or she has complied with the regulation in some other way.

Words and expressions which are defined in the Health and Safety at Work etc Act 1974 or in the Workplace (Health, Safety and Welfare) Regulations 1992 have the same meaning in the ACOP unless the context requires otherwise.

These Regulations and ACOP set requirements to ensure the workplace does not adversely affect the health and safety of employees while they are in the workplace. Building Regulations set standards to ensure that when a workplace is built or altered it will meet the requirements of a safe and healthy workplace.

Building Regulations that apply across England and Wales are set out in the Building Act 1984 while those that apply across Scotland are set out in the Building (Scotland) Act 2003.1 There are also Approved Documents2 supporting each of these Acts that offer further information and guidance.

Standards will be the same, whether they apply to a building being constructed or to it being maintained. The standards set out in Building Regulations should therefore be complied with in meeting the requirements of the Workplace Regulations unless a higher standard is applicable for adequate protection of the health, safety and welfare of those in the workplace so far as reasonably practicable. Where there is an existing standard in Building Regulations, it is referred to in this document.

Guidance which does not form part of the ACOP is identified as such in this document. Where the guidance refers to another publication, its details are provided in the text or in the References section.

Introduction

About this book

1 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 involving construction work on construction sites, those in or on a ship, or those below ground at a mine – see regulation 3).

Requirements under these Regulations

2 Employers have a duty under the Health and Safety at Work etc Act 19743 to ensure, so far as reasonably practicable, the health, safety and welfare of their employees at work. People in control of non-domestic premises have a duty towards people who are not their employees but use their premises. The Regulations expand on these duties and are intended to protect the health and safety of everyone in the workplace, and ensure that adequate welfare facilities are provided for people at work.

3 Several of the regulations require things to be ‘suitable’. Regulation 2(3) makes it clear that things should be suitable for anyone. This includes people with disabilities. Where necessary, parts of the workplace, particularly doors, passageways, stairs, showers, washbasins, toilets and workstations, should be made accessible for disabled people.

Duties under these Regulations

4 People other than employers also have duties under these Regulations if they have control, to any extent, of a workplace. For example, owners, landlords or managing agents of business premises should ensure that common parts, common facilities, common services and means of access within their control comply with the Regulations.

5 Their duties are limited to matters which are within their control. For example, an owner who is responsible for the general condition of a lobby, staircase and landings, for shared toilets provided for tenants’ use, and for maintaining ventilation plant, should ensure that those parts and plant comply with these Regulations. However, the owner is not responsible under these Regulations for matters outside their control, for example a spillage caused by a tenant or shortcomings in the day- to-day cleaning of sanitary facilities where this is the tenants’ responsibility. Tenants should co-operate sufficiently with each other, and with the landlord, to ensure that the requirements of the Regulations are fully met.

Risk assessment

6 As part of managing health and safety you must control the risks in your workplace. This document will help you to do this. You need to think about what might cause harm to people and decide whether you are doing enough to prevent that.

7 The Management of Health and Safety at Work Regulations 19994 require employers and self-employed people to assess risks – you must make sure you know about the main risks in your workplace and the things you need to do to manage them responsibly. Generally, you need to do everything reasonably practicable to protect people using your workplace from harm and make adaptations where necessary. A risk assessment may show that the workplace or the work should be reorganised so that the need for people to work at an unguarded edge, for example, does not arise in the first place.

8 Few workplaces stay the same, so it makes sense to review what you are doing on an ongoing basis. More guidance on risk assessment can be found on HSE’s risk management site (www.hse.gov.uk/risk).

Involving workers

9 Workplaces where employees are involved in taking decisions about health and safety are safer and healthier. Collaboration with your employees helps you to manage health and safety in a practical way by:

■■ helping you spot workplace risks; ■■ making sure health and safety controls are practical; ■■ increasing the level of commitment to working in a safe and healthy way.

10 Employers must consult employees in good time on health and safety matters. In workplaces where a trade union is recognised, this will be through union health and safety representatives. In non-unionised workplaces, consult either directly or through other elected representatives.

11 Consultation involves employers not only giving information to employees but also listening to them and taking account of what they say before making health and safety decisions. See the HSE leaflet Consulting employees on health and safety: A brief guide to the law5 and our website for more information (www.hse.gov.uk/involvement/). Issues you should consult employees on include:

■■ risks arising from their work; ■■ proposals to manage and/or control these risks; ■■ the best ways of providing information and training.

About ACOPs

12 Approved Codes of Practice (ACOPs) are approved by the HSE Board with the consent of the Secretary of State (see Appendix 1: Notice of Approval for details).

13 The ACOP describes preferred or recommended methods that can be used (or standards to be met) to comply with the Regulations and the duties imposed by the Health and Safety at Work etc Act 1974. The accompanying guidance also provides advice on achieving compliance, or it may give information of a general nature, including explanation of the requirements of the law, more specific technical information or references to further sources of information.

14 The legal status of ACOP and guidance text is given on page 2.

Presentation

15 The ACOP text is set out in bold and the accompanying guidance is in normal type, the text of the Regulations is in italics. Coloured borders also indicate each section clearly.

Regulation 1 Citation and commencement Regulation 1 (1) These Regulations may be cited as the Workplace (Health, Safety and Welfare) Regulations 1992.

(2) Subject to paragraph (3), these Regulations shall come into force on 1 January 1993.

(3) Regulations 5 to 27 and the Schedules shall come into force on 1 January 1996 with respect to any workplace or part of a workplace which is not –

(a) a new workplace; or (b) a modification, an extension or a conversion.

Guidance 1 16 The Regulations took full effect on 26 July 1998. They apply to all workplaces defined in regulation 2. Some special provisions apply to workplaces in existence before 1 January 1993. These are made clear within the document.

Regulation 2 Regulation 2 Interpretation (1) In these Regulations, unless the context otherwise requires –

“mine” [The definition of a “mine” (as introduced by the Quarries Miscellaneous Health and Safety Provisions Regulations 1995) was removed as these Regulations were revoked by the Quarries Regulations 1999 (SI 1999/2024).]

“disabled person” has the meaning given by the Equality Act 2010;(a)

“new workplace” means a workplace used for the first time as a workplace after 31 December 1992;

“public road” means (in England and Wales) a highway maintainable at public expense within the meaning of section 329 of the Highways Act 1980 and (in Scotland) a public road within the meaning assigned to that term by section 151 of the Roads (Scotland) Act 1984;

“quarry” means a quarry within the meaning of the Quarries Regulations 1999;(b)

“traffic route” means a route for pedestrian traffic, vehicles or both and includes any stairs, staircase, fixed ladder, doorway, gateway, loading bay or ramp;

“workplace” means, subject to paragraph (2), any premises or part of premises which are not domestic premises and are made available to any person as a place of work, and includes –

(a) any place within the premises to which such person has access while at work; and (b) any room, lobby, corridor, staircase, road or other place used as a means of access to or egress from that place of work or where facilities are provided for use in connection with the place of work other than a public road.(c)

(2) Any reference in these Regulations, except in paragraph (1), to a modification, an extension or a conversion is a reference, as the case may be, to a modification, an extension or a conversion of a workplace started after 31 December 1992.

Regulation 2 (3) Any requirement that anything done or provided in pursuance of these Regulations shall be suitable shall be construed to include a requirement that it is suitable for any person in respect of whom such thing is so done or provided.

(4) Any reference in these Regulations to –

(a) a numbered regulation or Schedule is a reference to the regulation in or Schedule to these Regulations so numbered; and (b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

(a) Definition of disabled person inserted by the Health and Safety (Miscellaneous Amendments) Regulations 2002 (SI 2002/2174) regulation 6(a) and amended by the Equality Act 2010 (b) Definition substituted by the Quarries Regulations 1999 (SI 1999/2024) Schedule 5(II), paragraph 1 (c) Words repealed by the Health and Safety (Miscellaneous Amendments) Regulations 2002 (SI 2002/2174) regulation 6(b)

Guidance 2 17 These Regulations apply to a very wide range of workplaces, not only factories, shops and offices but, for example, schools, hospitals, hotels and places of entertainment. The term workplace also includes the common parts of shared buildings, private roads and paths on industrial estates and business parks, and temporary work sites (except workplaces involving construction work on construction sites).

18 ‘Workplace’ is defined in regulation 2(1). Certain words in the definition are themselves defined in sections 52 and 53 of the Health and Safety at Work etc Act 1974 (HSW Act).3 In brief:

■■ ‘work’ means work as an employee or self-employed person, and also: –– work experience on certain training schemes (Health and Safety (Training for Employment) Regulations 1990); –– training which includes operations involving ionising radiations (Ionising Radiations Regulations 1999); –– any activity involving genetic modification in contained use facilities (Genetically Modified Organisms (Contained Use) Regulations 1989); –– any activity involving the consignment, storage or use of a Group 2, 3 or 4 biological agent (Control of Substances Hazardous to Health Regulations 2002); ■■ ‘premises’ means any place (including an outdoor place); ■■ ‘domestic premises’ means a private dwelling. These Regulations do not apply to domestic premises, and do not therefore cover homeworkers. They do, however, apply to hotels, nursing homes etc, and to parts of workplaces where ‘domestic’ staff are employed, such as the kitchens of hostels or sheltered accommodation.

19 These Regulations aim to ensure that workplaces meet the health, safety and welfare needs of each member of the workforce, which may include people with disabilities. Several of the regulations require things to be ‘suitable’ as defined in regulation 2(3). This means that traffic routes, facilities and workstations used by people with disabilities should be suitable for them to use.

20 Building Regulations contain requirements which are intended to make new buildings accessible to people with limited mobility,