4 Other health and safety legislation

Relevant statutory provisions affecting the work of the University are as follows:

General Legislation

Occupiers Liability Act (1957)

• An occupier (the University) is to take such care in all circumstances as is reasonable to ensure that a visitor will be reasonably safe in using the premises for the purposes for which he was invited to be there.

Factories Act (FA, 1961)

• This Act is designed to protect all persons who work in factories.
• It is gradually being replaced by modern legislation such as the Provision and Use of Work Equipment Regulations (1992) and the Workplace Health, Safety and Welfare Regulations (1992).
• The legal definition of a “Factory” ( a place where any article is made, altered, repaired, cleaned or washed, for financial gain) may include certain parts of the University.
• The Act includes machinery safety (eg guarding) and safe premises.

Offices, Shops and Railways Premises Act (OSRA, 1963)

• Many of the provisions of OSRA follow closely the pattern and wording found in the Factories Act. It will ultimately be replaced by modern legislation.
• The Act applies to a considerable part of the University.
• It is concerned with health and safety issues such as: cleanliness, overcrowding, temperature, ventilation, lighting, sanitation, seating, and eating facilities for the University’s office and shop workers.

The Regulatory Reform (Fire Safety) Order (FSO, 2005)

• The Regulatory Reform (Fire Safety) Order 2005, came into force in October, 2006. It demands that a specific fire safety risk assessment is undertaken for every workplace, bringing fire safety into line with other health and safety legislation.
• There now exists a duty on the responsible person to ensure the safety of employees and non-employees. The responsible person is the employer plus any other person who may have control of any part of the premises, e.g. the occupier or owner. There can be more than one responsible person, but they must co-operate and co-ordinate with each other.
• Competence is an important factor in carrying out a suitable and sufficient fire risk assessment. Persons can be considered competent where they have sufficient technical training and experience or knowledge to understand the requirement of fire safety procedures and to undertake efficiently the measures required to meet the legal standards. The competent person(s) should therefore:
  • Understand the relevant fire safety legislation
  • Have appropriate education, training, knowledge and experience in the principles of fire safety
  • Have an understanding of fire development and the behaviour of people in fire
  • Understand the fire hazards, fire risks and relevant factors of the occupants at special risk within the buildings of the type in question
  • Have appropriate training and/or experience in carrying out fire risk assessments
  • Fire risk assessments are about identifying the effect of fire on a person’s safety, the environment and the property. The risk assessment will help the responsible person to ensure that fire safety procedures, fire prevention measures, and fire precautions (plans, systems and equipment) are all in place and working properly, as well as identifying any issues that need attention.

Health and Safety (First Aid ) Regulations (1981)

The University must:

• provide adequate and appropriate equipment and facilities to enable first aid to be given to those who are injured or become ill at work.
• provide suitable persons to administer first aid. Suitable persons are those that have received Health and Safety Executive (HSE) approved First Aid at Work training.
• Inform employees of the arrangements for first aid, including the location of equipment, facilities and personnel.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR, 1995)

• RIDDOR provides a complete system for the notifying and reporting of injuries, dangerous occurrences and industrial diseases.
• A specified incident must be notified to the enforcing authority (usually the HSE) by the quickest practicable means (ie telephone) and also in writing within seven days.
• The following incidents are reportable:
  • the death of any person;
  • fracture of the skull;
  • fracture of any bone in the arm or wrist (but not the hand);
  • fracture of any bone in the leg or ankle (but not the foot);
  • amputation of a hand, foot, finger, thumb or toe;
  • loss of the sight in an eye, a penetrating injury to the eye, or a chemical or hot metal burn to the eye;
  • injury requiring immediate medical attention or loss of consciousness resulting from an electric shock;
  • loss of consciousness resulting from a lack of oxygen;
  • acute illness or loss of consciousness from the absorption of a harmful substance;
  • an injury requiring admission to hospital for more than 24 hours; and
  • an injury whereby any person at work is incapacitated for more than three days.

Control of Substances Hazardous to Health Regulations (COSHH 1988 and 1994)

• The COSHH Regulations, first introduced in 1988, are designed to protect workers against the risks of exposure to substances considered to be hazardous to health, which may arise out of their work and are under the control of the employer. The 1994 version implements the EEC Biological Agents Directive.
• Apart from asbestos, certain specified elements (lead, chromium and cadmium), flammable or explosive materials, ionising radiations and mining activities (all of which are covered by their own regulations), COSHH applies to all other hazardous substances.
• A substance is hazardous if it has the potential to cause harm; the degree of risk depends upon how it is used and controlled. A substance which has a low hazard can be a significant risk if poorly controlled, one with a high hazard will have a low risk if adequately controlled.
• Before work with hazardous materials is carried out the University must make a suitable and sufficient assessment of risks in the work and of the steps need to eliminate or reduce those risks.
• Control of the exposure may be achieved by:
  • eliminating the substance;
  • replacing the substance with a safer one;
  • enclosing the process, using local exhaust ventilation, or good general ventilation; and
  • using safe working systems and handling procedures and provision of personal protective equipment (PPE)
  • The University must ensure that control measures are properly used or applied. Employees must make full and proper use of these, and report any defect.
  • The University must monitor exposure, and arrange for the health surveillance of employees (where appropriate) and keep suitable records.
  • The University must provide information, instruction and training about the risks to health created by the exposure.

Noise at Work Regulations (1989)

• The University must reduce the risk of hearing damage from noise to the lowest level reasonably practicable.
• If the daily personal noise exposure is likely to be 85 dB(A)(first action level) or above, a noise assessment must be made by a competent person. Information, instruction and training on hearing protection must be given and hearing protection made available on request.
• At a noise level of 90 dB(A)(second action level) and above or at 200 Pascals (peak level for impact noise), ear protection zones must be signed and delineated and ear protection supplied and worn. Exposure to the noise must be reduced as far as is reasonably practicable.
• Noise can be tackled in four ways:
  • reducing noise at source (eg by the manufacturer at design stage);
  • using noise reduction techniques (eg isolating the source, use of sound insulation, etc);
  • providing hearing protection (eg, ear plugs, ear defenders, etc); and
  • allowing rest periods in rest rooms away from the noise.
• Noise assessments can be arranged through the Safety Office

Electricity at Work Regulations (1989)

• The University must ensure that all electrical systems are, at all times, of such construction as to prevent danger.
• The University must maintain electrical systems so as to prevent, so far as is reasonably practicable, such danger.
• The University must ensure that every work activity, including operation, use and maintenance of a system and work near an electrical system, shall be carried out in such a manner as not to give rise to danger, so far as is reasonably practicable.
• The University must ensure that any equipment provided for the purpose of protecting persons at work on or near electrical equipment shall be suitable for the use for which it was provided, be maintained in a condition suitable for that use, and be properly used.

Environmental Protection Act (EPA, 1990)

• Health and safety legislation is concerned with the protection of workers and those affected by work activity. There is an obvious link between these objectives and the need for general environmental protection. Both national and international governments have become aware of the need to prevent pollution of the environment and they have developed strategies and legislation to control or eliminate it.
• The EPA, together with the Water Resources Act (1991) and the unrepealed parts of the Control of Pollution Act (1974) provide the basic framework of pollution control legislation
• The EPA established a system of Integrated Pollution Control (IPC) administered by HM Inspectorate of Pollution (HMIP) and Local Authority Air Pollution Control (LAAPC), now combined within the Environment Agency (EA).
• Certain prescribed processes (usually messy industrial processes such as large scale incinerators) require prior authorisation before they may be operated. The principle of BATNEEC (Best Available Technique Not Entailing Excessive Cost) is used to prevent release of harmful substances into the environment.
• It is a criminal offence to break the conditions set out in the authorisation. Enforcing authorities have power to issue prohibition notices, and vary or even revoke authorisations.
• IPC Inspectors have wide powers under the EPA; they may enter, inspect, examine premises, take measurements, photographs and samples and documents.
• The University’s main concern involving the EPA is in the disposal of hazardous waste to an authorised waste disposal agents.

Food Safety Act (FSA, 1990)

The four principle aims of the FSA are:

• assurance that all food produced for human consumption is safe to eat and not misleadingly presented;
• the strengthening of enforcement powers;
• the harmonisation of UK and European law; and
• to take into account technological changes.

The main offences are:

• rendering food injurious to health;
• selling food which does not comply with the food safety requirements provided by the Act;
• selling food not of the nature (different kind or variety), substance (not containing proper ingredients) or quality (inferior standard) demanded by the purchaser; and
• falsely or misleadingly describing or presenting food.

Local authorities enforce the FSA, using Environmental Health Officers (EHO’s) to carry out inspections and, if necessary, seize suspected food and serve improvement and/or prohibition notices.

Specialist Legislation

• Details of the following specialist legislation (given in date order) may be obtained from the Health and Safety Office (Ext 3049):
  • Petroleum Consolidation Act (1928)
  • Mines and Quarries Act (1954)
  • Radioactive Substances Act (1960 and 1993)
  • Construction (Working Places) Regulations (1966)
  • Abrasive Wheels Regulations (1970)
  • Mines Management Act (1971)
  • Woodworking Machines Regulations (1974)
  • Safety Representatives and Safety Committee Regulations (1977)
  • Ionising Radiations Regulations (1985 and 1999)
  • Control of Asbestos at Work Regulations (1987)
  • Health and Safety (Training for Employment) Regulations (1990)
  • Construction (Design and Management) Regulations (1994)
  • Lifting Operations and Lifting Equipment Regulations (1998)

Health and Safety law is discussed further in Policy Statements, Codes of Practice and Guidance Notes on individual health and safety issues.