H&S Regulations

HASAWA 1974 — Health and Safety at Work etc. Act

The overarching UK workplace H&S legislation. All other regulations sit under this Act.

• S.2: employer duty — ensure so far as reasonably practicable the health, safety, and welfare of all employees.
• S.3: employer duty — ensure work does not endanger non-employees (clients, public, other trades).
• S.7: employee duty — take reasonable care for yourself and others affected by your work.
• S.8: do not intentionally or recklessly interfere with or misuse anything provided for safety.
• S.33: breach is a criminal offence with unlimited fines and/or imprisonment.
• S.36/37: company officers and directors can be personally prosecuted.

Section 7 applies to YOU personally — you have a legal duty to take reasonable care. You cannot just blame your employer.

MHSWR 1999 — Management of Health and Safety at Work Regulations

Requires employers to manage H&S systematically. Key requirements: carry out a suitable and sufficient risk assessment of all work activities; record findings where 5 or more employees; appoint competent persons; establish emergency procedures; provide adequate training.

Five-step risk assessment (HSE): 1. Identify hazards. 2. Decide who might be harmed and how. 3. Evaluate risks and decide on precautions. 4. Record findings and implement controls. 5. Review and update as necessary.

CDM 2015 — Construction (Design and Management) Regulations

Applies to ALL construction work in the UK. Key duty holders: Client (appoints PC and PD, allows adequate time/resources), Principal Designer (coordinates pre-construction H&S), Principal Contractor (manages construction phase H&S), Contractor (manages own work), Worker (follows rules, reports concerns, cooperates with PC).

Worker duties: only carry out work you have the skills, knowledge, and training for; report anything that could endanger yourself or others; comply with site rules and induction requirements.

Notification: required if the project will last >30 working days AND have >20 workers simultaneously at any point, OR will exceed 500 person-days of construction work.

COSHH 2002 — Control of Substances Hazardous to Health

Requires employers to assess and control exposure to hazardous substances. Employer duties: COSHH assessment for each substance; implement controls; provide SDS; monitor exposure; provide health surveillance if needed.

COSHH does NOT cover asbestos (CAR 2012), lead, or radioactive substances — these have their own regulations.

MHOR 1992 — Manual Handling Operations Regulations

Hierarchy: 1. Avoid manual handling where reasonably practicable. 2. Assess the risk where avoidance is not possible. 3. Reduce the risk to the lowest level reasonably practicable.

There is no legal maximum weight. Actual limits depend on the full TILE (Task, Individual, Load, Environment) assessment.

WAHR 2005 — Work at Height Regulations

Applies to ALL work at height where there is a risk of falling. No minimum height — even a fall from a step can be fatal.

Hierarchy: 1. Avoid WAH where possible. 2. Use collective protection (scaffold, MEWP, guard rails) before personal protection. 3. Minimise distance and consequences of any fall.

Scaffold inspection: before first use, at least every 7 days, and after any event affecting stability. Results recorded in writing (WAHR Reg 12).

PUWER 1998 — Provision and Use of Work Equipment Regulations

Applies to all work equipment — hand tools, power tools, plant, machinery. Key requirements: equipment must be suitable, maintained, inspected regularly, and workers trained. Dangerous parts must be guarded.

Pre-use checks for all power tools; only use equipment you are trained to operate; report defects to your supervisor immediately.

Control of Noise at Work Regulations 2005

• Lower EAV 80 dB(A) / 135 dB(C): assess; provide hearing protection on request; inform/train.
• Upper EAV 85 dB(A) / 137 dB(C): reduce by controls; mandatory hearing-protection zones; health surveillance.
• ELV 87 dB(A) / 140 dB(C): must NOT be exceeded.

Control of Vibration at Work Regulations 2005

• HAVS EAV: 2.5 m/s² A(8) — assess; reduce exposure; health surveillance; training.
• HAVS ELV: 5.0 m/s² A(8) — must NOT be exceeded.

Symptoms can become permanent. Report early symptoms. Rotate tasks to reduce cumulative exposure.

RIDDOR 2013 — Reporting of Injuries, Diseases and Dangerous Occurrences

• Deaths: notify immediately + written report within 10 days.
• Specified injuries (fractures excl. fingers/thumbs/toes; amputations; permanent loss/reduction of sight; crush injury; burns >10%; scalping; unconsciousness; 24h+ hospitalisation): notify immediately + within 10 days.
• Over-7-day incapacitation: written report within 15 days (the old over-3-day rule is gone).
• Occupational diseases (HAVS, occupational asthma, CTS, dermatitis): within 10 days of diagnosis.
• Dangerous occurrences: notify immediately + without delay.

Reports submitted online at hse.gov.uk/riddor. Records kept for 3 years. Failure to report is a criminal offence.

PPE at Work Regulations 2022

PPE is the LAST resort. Employer must assess suitability, provide PPE FREE to all workers (including agency/casual workers — key 2022 change), maintain and replace PPE, train workers on correct use.

PPE must be CE or UKCA marked. Workers must use PPE as instructed and report defective PPE immediately.

Confined Spaces Regulations 1997

Three main dangers: (1) lack of oxygen, (2) toxic gas/fume/vapour, (3) flammable gas/vapour.

Duties: avoid entry where reasonably practicable → safe system of work (permit-to-enter) → emergency/rescue arrangements before entry. Never rely on 999 as the primary rescue plan. Never enter alone without a permit and atmosphere test.

Electricity at Work Regulations 1989 (near-services relevance)

Relevant to construction workers near buried cables, temporary site supplies, and overhead lines. Do not work on or near live electrical equipment unless trained and authorised.

Near buried cables: use CAT & Genny, trial holes, hand-dig near services (HSG47). Near overhead lines: confirm clearance with the DNO before starting; use barriers and goalposts (GS6). Report any damaged cabling immediately.