Management of Health and Safety at Work Regulations (MHSW, 1992)

• The MHSW Regulations implement the provisions of the Framework Directive (89/391/EEC) and also the Temporary Workers Directive (91/383/EEC)
• They apply to all the work activities to which HSW Act applies

Risk Assessment

• The University must make a suitable and sufficient assessment of :
  • the risks to the health and safety of its employees to which they are exposed whilst they are at work ; and
  • the risks to the health and safety of persons not in its employment arising out of or in connection with its undertaking,

for the purpose of identifying the measures needed to comply with health and safety law.

• Risk assessment involves an identification of hazards and an estimation of the risks, taking account of existing precautions available and used, and a consideration of what else needs to be done.
• A risk assessment will be ‘suitable and sufficient’ if it:
  • identifies the significant risks arising from the work;
  • enables the employer to identify and prioritise the measures which need to be taken to comply with health and safety law; and
  • is appropriate to the nature of the work and remains valid for a period of time.
• Risk assessments must be reviewed when there is a significant change in the types of hazards and risks present, and otherwise at regular interval (annually say).
• Once completed the risk assessment should indicate the preventative and protective (ie control) measures needed.
• The following principles should be adopted:
  • the risk should be avoided if the work process is not essential;
  • the risk should be combated at source;
  • the individual should be taken into account when designing the workplace and choosing work equipment and working methods;
  • modern technology, which is generally safer, should be used;
  • if risks cannot be avoided, control measures should be used to reduce them to an acceptable level;
  • priority should be given to measures which protect the work force as a whole thus yielding the greatest benefit;
  • all workers need to understand what they are required to do; and
  • avoidance, prevention and reduction of risks should be an accepted part of the philosophy at all levels of the organisation.

Risk Assessment for women

• The University must include in the risk assessment any work procedure which could involve risk to the health and safety of a new or expectant mother, or that of her baby.

Health and Safety Arrangements

• The University must make appropriate arrangements for planning, organising, controlling, monitoring and reviewing health and safety and this must be recorded (eg in a safety policy).
• The approach should be systematic and identify priorities and sets objectives. The organisational structure should be set up to ensure a progressive improvement in health and safety performance.

Health Surveillance

• The University must provide its employees with health surveillance if the need is identified on the risk assessments. Health surveillance is normally required when:
  • there is an identifiable work-related disease or adverse health condition;
  • valid detection techniques are available;
  • there is a reasonable likelihood that the disease or condition may occur under the particular working conditions; and
  • surveillance is likely to further the protection of the employees to be covered.

Health and Safety Assistance

• The University must appoint one or more competent persons to assist with the undertaking of health and safety measures (eg a Safety Officer and assistant staff). The person(s) appointed need not be employed by the University, but, if an outside consultant is used, they must be kept fully informed of all the factors which may affect the health and safety of employees.
• The number of persons appointed and the time and means made available to them to fulfil their functions shall be adequate having regard to the size of the University, the risks to which the employees are exposed and the distribution of these risks.

Procedures for serious and imminent danger

• The University must establish appropriate procedures to be followed in the event of serious or imminent dangers to persons working on its sites. These persons must be informed as to the nature of the hazard and the emergency procedures, which should allow them to stop work immediately and proceed to a place of safety. Competent persons must be nominated to implement the plans.
• Emergency procedures must be written down and test exercises should be carried out.

Information for employees

• The University must supply its employees with relevant information on:
  • the risks to their health and safety identified by the assessment;
  • the preventative and protective measures;
  • emergency procedures;
  • the identity of persons nominated to oversee emergency procedures; and
  • the risks which have been notified to it by another employer sharing the site (eg the Guild of Students).

Visiting and temporary workers

• The University must provide the employer of a visiting worker with information on:
  • the risk to the employees health and safety; and
  • the measures taken to ensure compliance with health and safety law.
• The University must provide a temporary worker (ie an employee on fixed term contracts or a person employed by an employment business) with information on:
  • any special occupational skills required by that employee if he is to carry out the work safely; and
  • any health surveillance required to be administered to that employee.

Capabilities and training

• The University, when entrusting tasks to its employees, must take account of their health and safety capabilities.
• The University must ensure that its employees are provided with adequate health and safety training:
  • when they are recruited; and
  • when they are exposed to new or increased risks.
• The training must be repeated as necessary and take place in working hours.

Duties of employees

• Every University employee must:
  • use any machinery, equipment, dangerous substance, transport equipment or safety device provided to him in accordance any training and instructions; and
  • report to the University any situations of serious and immediate danger to health and safety or shortcomings in the University’s protective measures.

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