健康和安全手册

This page has been reformatted by Knovel to provide easier navigation. 39 Health andsafety George Pitblado IEng, MSOE, MIPIantE, DipSM, MIIRSM, MMWSoc Support Services 39/1 Contents 39.1 Introduction 39/3 39.2 Legislation 39/3 39.2.1 Acts of Parliament 39/3 39.2.2 Regulations 39/3 39.2.3 Codes of Practice 39/3 39.2.4 Guidance notes 39/3 39.3 Administration of the Health and Safety at Work etc Act 39/3 39.3.1 The Health and Safety Commission 39/3 39.3.2 The Health and Safety Executive 39/3 39.3.3 Local authorities 39/3 39.3.4 Fire authorities 39/3 39.4 General duties 39/4 39.4.1 Duties of employers 39/4 39.4.2 Safety policies: organization and arrangements 39/4 39.4.3 Safety training and information 39/4 39.4.4 Duties to others 39/4 39.4.5 Responsibilities of the self-employed 39/4 39.4.6 Duties of manufacturers and suppliers 39/4 39.4.7 Duties of employees 39/4 39.4.8 Enforcement 39/4 39.5 Safety policy 39/5 39.5.1 Policy statement 39/5 39.5.2 Levels of responsibility 39/5 39.5.3 Safety representatives and joint safety committees 39/5 39.5.4 Training and supervision 39/5 39.5.5 Hazard details 39/5 39.5.6 Reporting accidents 39/6 39.5.7 Policy review 39/6 39.6 Information 39/6 39.7 HSE inspectorates 39/6 39.8 The employment medical advisory service (EMAS) 39/6 39.9 HSE area offices 39/6 39.10 Health and safety procedures 39/7 39.11 Fire and first-aid instructions 39/7 39.11.1 Fire 39/7 39.11.2 First aid/medical services 39/7 39.12 Good housekeeping 39/7 39.13 Protective clothing and equipment 39/7 39.14 Safe working areas 39/8 39.15 Materials handling 39/8 39.15.1 Manual lifting 39/8 39.15.2 Mechanical lifting 39/9 39.16 Portable tools and equipment 39/9 39.17 Confined spaces 39/9 This page has been reformatted by Knovel to provide easier navigation. 39/2 Health and safety 39.18 Electricity 39/9 39.19 Plant and equipment 39/10 39.19.1 Compressed air 39/10 39.19.2 Steam boilers 39/10 39.19.3 Pressure systems 39/10 39.19.4 Machinery 39/10 39.20 Safety signs and pipeline identification 39/10 39.20.1 Safely signs 39/10 39.20.2 Pipeline identification 39/11 39.21 Asbestos 39/11 39.22 COSHH 39/11 39.23 Lead 39/11 39.24 Other information 39/11 39.25 Assessment of potential hazards 39/11 39.25.1 Purpose 39/11 39.25.2 Working practices 39/11 39.26 Alternative method of assessing hazards 39/12 39.26.1 Work on fuel oil tanks 39/12 39.26.2 Procedures: 1 39/12 39.26.3 Procedures: 2 39/12 39.27 Permits to work 39/13 39.27.1 Permission to Work on Electrical Systems Certificate (not exceeding 1000 V) 39/13 39.28 Working alone 39/13 39.28.1 Company and contractor’s responsibilities for the lone worker 39/13 39.29 Safety policy for lone workers 39/13 39.30 Contractor’s conditions and safe working practices 39/17 39.30.1 Introduction 39/17 39.30.2 Contents 39/17 39.31 Safe working practices and procedures 39/17 39.31.1 Health and safety 39/17 39.31.2 Protective clothing and equipment 30/17 39.31.3 Access equipment 39/18 39.31.4 Warning signs and good housekeeping 39/18 39.31.5 Tools and equipment 39/18 39.31.6 Materials/parts/spares 39/18 39.32 Emergency procedures 39/18 39.32.1 Fire 39/18 39.32.2 First aid 39/18 39.33 Contractor’s Guide 39/18 39.33.1 On arrival at company premises 39/18 39.33.2 Prior to commencement of work 39/19 39.33.3 Security 39/19 39.33.4 Welfare/canteen 39/19 39.33.5 Useful contacts 39/19 39.34 Health & Safety Information 39/19 39.1 Introduction The initial introduction of the Health and Safety at Work, etc. Act 1974 enabled provisions in the Act to super- sede legislation contained in 31 relevant Acts and 500 subsidiary regulations in use at that time. The 1974 Act is the framework which, over the years, will enable the gradual improvement of existing health and safety require- ments. This will be achieved by revising and updating current provisions in the form of regulations and approved codes of practice prepared in consultation with industry. These provisions will maintain or improve the health and safety standards established by existing legislation. The objective of the Act is not only that it be introduced to rationalize existing provisions but also to ensure that stan- dards of health and safety are improved, thereby providing greater protection to persons at work and to the general public. 39.2 Legislation Health and safety legislation is in four separate categories as follows. 39.2.1 Acts of Parliament The Factories Act 1961 and the Health and Safety at Work, etc. Act 1974 are the result of Bills which, after being debated in Parliament, have received the Royal Assent and now form part of criminal law. 39.2.2 Regulations The 1974 Act is all encompassing. It lays down only general duties and grants the appropriate minister the power to make detailed Regulations to cover relevant aspects referred to in general legislation. That is, the Act, being an up-to-date form of legislative control, differs from that found in previous formats of the Factories Act 1961. The Control of Substances Hazardous to Health Reg- ulations 1999 (COSHH), the Noise at Work Regulations 1989, and the Electricity at Work Regulations 1989 are examples of the Regulations introduced. For example, the Electricity at Work Regulations which came into effect from 1 April 1990 revoked the Electricity Regulations 1908 and the Electricity (Factories Act) Special Regula- tions 1944. Within the structure of Regulations provisions may be granted for exemptions from their requirements or application in some form, with respect to specific premises, processes or industries. Current legislation July 2000 - Appendix A 39.2.3 Codes of Practice Codes of Practice, where appropriate, are issued to supple- ment Regulations. These Codes, although having a special legal status, are not statutory requirements but may be used in criminal proceedings as evidence that statutory requirements have been contravened. Prior to replacing or amending existing Codes of Practice discussions are normally held with interested parties before the Health and Safety Commission approves them for use under the Health and Safety at Work, etc. Act 1974. 39.2.4 Guidance notes Guidance notes relevant to sound health and safety prac- tices are published from time to time by the Health and Safety Executive. They have no legal status nor a signif- icance such as found in Codes of Practice. However, as their content is normally based on a wealth of practical experience, it would be expected by the enforcing author- ities that employers would follow the advice contained in them. 39.3 Administration of the Health and Safety at Work etc Act The bodies set up to ensure the satisfactory implementa- tion and operation of the Health and Safety at Work, etc. Act 1974 (and the Employment Medical Advisory Service Act 1972) under Section 10 of the Act are the Health and Safety Commission and the Health and Safety Executive. 39.3.1 The Health and Safety Commission This consists of a chairman appointed by the Secretary of State for Employment and a committee of not less than six and not more than nine members. The composi- tion of the Commission is drawn from different groups: three members may be from employers' organizations and three from employees' organizations. The three remaining vacancies may be filled from such organizations as local authorities and professional bodies, as the Secretary of State considers appropriate. 39.3.2 The Health and Safety Executive Whereas the Health and Safety Commission is responsible for the development of policies in the health and safety field, the Health and Safety Executive, being a separate statutory body appointed by the Commission, will work in accordance with directions and guidance given by the Commission. The Executive will provide advice on health and safety to both sides of industry and will also enforce legal requirements. The major inspectorates which normally worked within the structure of each relevant government department now report to the Executive. 39.3.3 Local authorities Under the Commission's guidance these will enforce legislation in certain areas of employment. In general, theirs will not be industrial activities. 39.3.4 Fire authorities The Health and Safety at Work, etc. Act 1974 gives the relevant fire authority the power to designate a place of work as premises requiring a fire certificate. This certificate will indicate the measures to be taken with respect to means of escape in the event of a fire when the structural design of the premises is taken into considera- tion. The fire authority in most areas has the responsibility for enforcing the provisions of the Act, but the Health and Safety Executive are responsible for issuing fire cer- tificates in certain classified premises (e.g. those used for storage, manufacture and use of highly flammable liquid). 39.4 General duties Employers and others who now have duties under the 1974 Act will have had some form of responsibilities under previous legislation (e.g. the Factories Act 1961) to ensure the health and safety and welfare of people at work. However, a number of employers will be subject to such legislation for the first time. Much of the previous legislation has been revoked by the introduction of E.C.Directives being adopted/imple- mented within the remit of the 1974 Act. 39.4.1 Duties of employers It is the duty of employers, as far as is reasonably prac- ticable, to safeguard the health, safety and welfare of the people who work for them and also others who may be affected. This applies in particular to the provision and maintenance of safe plant and equipment and methods of work, and covers all plant, equipment and substances used. Specific areas that require attention include: 1. Is the plant and equipment designed, installed and operated to the accepted standards? 2. Are there safe systems of work implemented during the operation and maintenance of the plant and equipment? (This may necessitate a permit to work to be issued by an authorized competent person.) 3. Is the work environment monitored, as required under the COSHH Regulations, to ensure that there is no hazard from, for example, toxic contaminants? 4. Has the monitoring of any control measure been imple- mented? 5. Is there a programme in place whereby all equipment and appliances found necessary to ensure the safety and health of those likely to be affected are regularly inspected? 6. Have the risks to health from the use, storage, handling or transport of articles or substances been kept to the minimum? (Expert advice should be sought in this area if there is no sufficient in-house knowledge). 39.4.2 Safety policies: organization and arrangements It is a statutory requirement that an employer with five or more employees prepares a written statement of the company's general policy, organization and arrangements for health and safety at work. This policy statement should be revised at regular intervals and, where appropriate, amended. 39.4.3 Safety training and information Employers have a duty under the 1974 Act to provide, as necessary, training and information to ensure that there is no risk to the health and safety of their employees. It may be found necessary to provide operators and maintenance employees with specific training to carry out certain processes or work tasks. This duty has been further emphasized in all new leg- islation. 39.4.4 Duties to others Employers must, as far as is reasonably practicable, have regard for the health and safety of contractors' employees or the self-employed who may be affected by the com- pany's operations and for the health and safety of the general public. This covers, for example, the emission of noxious or offensive gases and dust into the atmosphere, or danger from plant and equipment to which the pub- lic or those not directly employed by the company have access. 39.4.5 Responsibilities of the self-employed The self-employed have a similar duty to that of employ- ers to ensure that there is no risk or danger to the health and safety of themselves or any other persons. 39.4.6 Duties of manufacturers and suppliers Section 6 of the Act has been amended by the Consumer Protection Act 1987 and now imposes specific duties on manufacturers, importers, designers and suppliers to ensure that articles and substance supplied for use at work are safe and without risk to health. To assist manufactures and suppliers attain the required level of health and safety, the Health and Safety Commis- sion have approved standards laid down by such bodies as the British Standards Institution. The Provision & Use of Work Equipment [PUWER] Regulations and The Construction (Design &) [CDM] Regulations have further enhanced the responsibili- ties/duties of manufacturers and designers. 39.4.7 Duties of employees The Act and the new legislation also places a responsi- bility on the employees in that they must take reasonable care to avoid injury to themselves or to others by their work activities, and also cooperate with their employer and others in meeting all statutory requirements. The Act also requires that employees do not interfere with or mis- use anything designed to protect their health, safety or welfare. 39.4.8 Enforcement On finding that there has been a contravention of either an existing Act or Regulation, or of a provision of the Health and Safety at Work, etc. Act 1974, an inspector can: 1. Issue a prohibition notice, if there is a risk of serious personal injury, to stop the work or process giving rise to this risk until remedial action specified by the inspector in the notice has been undertaken. This notice can be served on the person carrying out the activity or in control of it at the time the notice is served. 2. Issue an improvement notice if there is a legal con- travention of any statutory legislation relevant to the activity in that the activity cannot be continued until the remedial action specified in the notice is imple- mented. This notice can be served on the person who is deemed to be contravening the legal provision or who is responsible for the activity, whether they are an employer, employee or a supplier of equipment or materials. 3. Prosecute any person who may be contravening a relevant statutory provision instead of (or in addition to) serving a notice. 39.5 Safety policy The safety policy for the company, although common in most parts with the safety policy for every company, may require to be prepared in greater detail. This would natu- rally cover any process, hazardous product or procedure specific to the organization. In preparing the policy it is essential to ensure that parts referred to in Section 2(3) of the 1974 Act are covered, i.e.: 1. The general policy statement; 2. The organization and arrangements for carrying out the policy. In large companies these two aspects may be dealt with separately. In larger organizations it can be found that it is of greater benefit if the policy document is produced in two separate sections. These would include: 1. A concise statement of the company's general policy, organization and arrangements in a single document. It follows that this document can then be issued indi- vidually to all members of staff and contractors who work on the premises. 2. A more detailed document in the form of a health and safety manual. This manual would include the com- pany's policy statement, company rules, safe working procedures, etc., and would normally be located in a nominated office. It is necessary in using this method that all staff are made aware of its contents and its location. 39.5.1 Policy statement The company's general policy statement should be a declaration of the employer's intent to provide a safe and healthy workplace for all employees and should also include the request that the employees provide the necessary support towards achieving the company's aims. 39.5.2 Levels of responsibility The policy statement should give the name, designation and office location of the nominated senior member of the company designated as the responsible person within the organization for ensuring that the company's policy statement is complied with. This nominated person should have high position within the company (e.g. director, senior manager, company secretary). While the overall policy responsibility for health and safety rests with senior managers, all employees within the organization, irrespective of their duties, have some degree of responsibility for carrying out the policy. Where appropriate, nominated persons with specific responsibil- ities for health and safety should be named with a sum- mary of their responsibilities defined. It follows that there should be a procedure established whereby deputies are available during the nominated person's absences. Where specialist knowledge is required, the relevant aspects should be clearly established and the respec- tive persons made aware of such. This expertise can be obtained, for example, from the company's safety officer, chemist, etc. Finally, the policy statement should make clear the level of responsibility of every employee. 39.5.3 Safety representatives and joint safety committees Where health and safety consultation is in place (e.g. joint safety committees) the structure with regards to members' representation should be described. 39.5.4 Training and supervision The policy statement should indicate how the company proposes to carry out training with respect to health and safety, but equally important is the responsibil- ity placed on managers, supervisors, etc. to ensure that the individual who has been given the work task has the experience and knowledge to carry it out without risk to themselves or others. This task may be operat- ing a piece of equipment on which all safety measures must be in order or carrying out a maintenance task where there is an acknowledged hazard. It is therefore equally important that managers and supervisors are suit- ably trained in both the technical and safety aspects of the work. 39.5.5 Hazard details Many accidents occur because the operator or mainte- nance person does not understand the hazards involved or has not been instructed on the precautions to be taken. The policy document should identify the main hazards within the company with advice on which rules must be obeyed while carrying out a hazardous task. Gen- eral rules should also be included to cover items such as untidy work areas, replacement of guards, the use of protective clothing/equipment where appropriate, safe working practices in handling goods and materials, etc. It is essential that on the introduction of new products, pro- cesses, operations or plant and equipment that any hazards- associated with these are brought to the attention of all concerned. 39.5.6 Reporting accidents Procedures must be prepared to ensure that the report- ing of accidents meets the requirements as set out in the Reporting of Injuries. Diseases and Dangerous Occurrences Regulations 1995. Accidents should also be recorded in the Company Accident Book. The procedure adopted should include a measure of recording and report- ing of accidents, which should then form the basis of discussion by management and/or joint safety committees, with a view to identifying any hazard that gives rise for concern and introducing the appropriate corrective action where necessary. The number of accidents could be taken as a measure of how the organization is performing over- all with respect to the health and safety of its workforce and others. 39.5.7 Policy review The policy document should be reviewed at regular inter- vals, e.g. yearly, to ensure that any changes from the introduction of new legislation (i.e. regulations, codes of practice, guidance information concerning safe working procedures) are implemented. 39.6 Information Health and safety information can be obtained from the follo