FAQ
Smart Health & Safety appreciate that sometimes, you just need answers and advice, so please browse these common FAQ’s to see if we can help before you pick up the phone, should you need any further help, please feel free to contact us.
ASBESTOS
I have been told there is asbestos in my building – am I at risk ?
Asbestos only becomes a health hazard if asbestos fibres are released into the air such that they can be breathed in by individuals. If the asbestos in your building is undamaged and appropriately sealed then you are not at risk.
Should I do anything or just ignore the fact it is here ?
The duty to manage asbestos is contained in regulation 4 of the Control of Asbestos Regulations 2006 It requires the person who has the duty (i.e. the “duty holder”) to:
take reasonable steps to find out if there are materials containing asbestos in non-domestic premises, and if so, its amount, where it is and what condition it is in;
presume materials contain asbestos unless there is strong evidence that they do not;
make, and keep up-to-date, a record of the location and condition of the asbestos containing materials – or materials which are presumed to contain asbestos;
assess the risk of anyone being exposed to fibres from the materials identified;
prepare a plan that sets out in detail how the risks from these materials will be managed;
take the necessary steps to put the plan into action;
periodically review and monitor the plan and the arrangements to act on it so that the plan remains relevant and up-to-date; and
provide information on the location and condition of the materials to anyone who is liable to work on or disturb them.
There is also a requirement on anyone to co-operate as far as is necessary to allow the duty holder to comply with the above requirements.
Tenants, for example, must allow the landlord or managing agent access to the premises to conduct inspections. If the tenant has the responsibility, a landlord must disclose relevant information to both current and new tenants.
More information can be found here, in the regulations: Control of Asbestos Regulations 2006
DISPLAY SCREEN EQUIPMENT (DSE)
Do all the computer users in my organisation need to be assessed ?
Yes. A specific DSE form should be prepared which should be used to carry out the assessments.
I have heard the phrase “DSE User” being used – what does this mean ?
A DSE User is someone who habitually uses their equipment as a significant part of their normal day to day activities. You can always tell who Users are – they will tend to work in office environments and will spend most of their time in front of their computer, spending little time on other tasks. If you use the equipment occasionally and for short periods you will not technically be classified as a “DSE User”. You will still however need to complete an assessment as the regulations require that all workstations meet a minimum standard.
ELECTRICITY
How often do I have to test electrical equipment in my premises ?
The testing regime will depend on the equipment. Items that are used outdoors, or for heavy duty tasks, should be tested at a minimum of annually – and more frequently in some instances. Most other portable equipment should be tested on a two yearly cycle. Exceptions to this rule however are computers and associated equipment (e.g. printers, scanners, etc) which can be tested every five years.
If the testing reveals that equipment is faulty what should I do ?
Take it out of service until repairs can be carried out. Ideally, remove the plug so that it cannot be used. Alternatively tie a clear “Do not use” sign to the equipment.
We have vending machines and photocopiers in our Department that are on a lease and do not strictly belong to my organisation – do we have to test these ?
Yes. It is likely that the lease company will carry out regular maintenance on the equipment as part of the lease agreement, but as the user of the equipment your business will be responsible for electrically testing the equipment.
FIRE SAFETY
If I have reason to believe that the fire alarm has been set off due to some electrical fault but the bell continues to ring – can I stay in my office ?
No. The overriding principle should be that if the bell rings for longer than a few seconds you should leave the building quickly and go to the assembly point. If the alarm has sounded accidentally this should be explained at the assembly point and not to individual in the building when the alarm is sounding.
Can I wedge open fire doors temporarily, e.g. if the weather is hot ?
No. The basic principle is that fire doors should not be wedged open under any circumstances. There is a slight relaxation to this rule if a fire door is open for very short period of time, e.g. when moving something from one room to another. Any temporary wedge should be removed immediately once the task has been completed. If you are moving a number of items or carrying out a task and the doors would have to be wedged open for more than a few minutes then you should not wedge them open but seek assistance from another member of staff who can hold the doors open for you. If there are fire doors in your building that you feel need to be open longer, you should consider the introduction of magnetic locks that under normal conditions hold the fire door open but let it close if the fire alarm sounds. The installation of such a device should be carried out by a professional and suitably certificated.
Can I store equipment on corridors or underneath stairwells ?
The basic principle is that stairwells and corridors used as a means of escape should be clear at all times. There are occasions when, due to a lack of storage space, items get placed in corridors. Whilst not encouraged, this is permitted provided that: the material is not combustible (or if it is it is stored in metal cupboards); that there is escape in two directions off the corridor; and the width of the corridor meets the requirements of your fire Risk Assessment.
I have a room that I would like to use for a presentation. I am intending to invite 70 people. Can I do this ?
Only if the room has two exit routes. Any room likely to be used by more than 60 people will need two exit routes.
My office is at the end of a corridor and its door is marked as a fire door. My colleague is in another office on the floor above and her door is not marked as a fire door. Why is this ?
This is because all doors on dead end corridors must be marked as fire doors. The rationale behind this is that if a fire starts in a room along the corridor and the door was open, smoke from the room would quickly enter the corridor and block of the escape route for people in rooms further down the dead end part of the corridor.
To evacuate from my office I have to move through another room to get to the corridor. Is this acceptable ?
It is only acceptable if you have one of the following in place:
a vision panel between the two rooms to give an indication of the conditions in the outer room
a large gap between the dividing wall and ceiling so that smoke can be seen
automatic smoke detection in the outer room that will sound a warning in the inner room
I have heard that you have to turn computer monitors off at the end of the working day – is this correct ?
Computer monitors left on overnight are a fire risk and they should always be switched off, even if the computer itself has been designated to be left on.
Fire Certificate – is it still valid ?
No, but if you have previously had a fire certificate, or carried out a Fire Risk Assessment under the Fire Precautions (workplace) Regulations 1997, (as amended) 1999, and they have been regularly reviewed, then for previous assessments you will need to revise the assessment taking account of the wider scope of the Regulatory Reform (Fire Safety) Order. Or, if you have a recent Fire Certificate you can use it as a starting point to complete your Fire Risk Assessment.
So what do I do then?
The Fire Precautions Act (1971) was a fairly prescriptive piece of legislation. If you had a Fire Certificate, it would have been issued under this and it determined your level of fire safety. The focus of the Fire Precautions Act (1971) was to reduce risk to life once fire has started. Then with the introduction of the Fire Precautions (Workplace) Regulations 1997, as amended in 1999, UK businesses had to carry out a fire risk assessment that looked at preventing fire in the first place and controlling and escaping fire safely. This was confusing to businesses as they attempted to become compliant with this raft of legislation. The aim of the new Fire Safety Order – that was introduced under the Regulatory Reform Act 2001 – was to “simplify, rationalise and consolidate existing legislation”. The Fire Safety Order repealed all existing fire safety legislation in October 2006.
The Regulatory Reform Fire Safety Order covers ‘general fire precautions’ and other fire safety duties which are needed to protect ‘relevant persons’ in case of fire in and around most ‘premises’. The Order requires fire precautions to be put in place ‘where necessary’ and to the extent that it is reasonable and practicable in the circumstances of the case.
Responsibility for complying with the Fire Safety Order will rest with the ‘responsible person’. In a workplace, this is the employer and any other person who may have control of any part of the premises, e.g. the occupier or owner. In all other premises the person or people in control of the premises will be responsible. If there is more than one responsible person in any type of premises, all must take all reasonable steps to share information & work with each other.
If you are the responsible person you will have to carry out a fire risk assessment which must focus on the safety in case of fire of all ‘relevant persons’. It should pay particular attention to those at special risk, such as the disabled and those with special needs, and must include consideration of any dangerous substance likely to be on the premises. Your fire risk assessment will help you identify risks that can be removed or reduced and to decide the nature and extent of the general fire precautions you need to take to protect people against the fire risks that remain.
If you employ five or more people you must record the significant findings of the assessment.
HEALTH AND SAFETY
Do my employees have any responsibility for health and safety ?
Yes they do. They must take reasonable care of their own health and safety and that of others who may be affected by what they do or not do – and they must co-operate with you, the employer in following your safety instructions.
Do I need a Health and Safety Law poster if I only have one employee ?
Yes, you need a Health and Safety Law Poster if you have any employees. The poster must be displayed for employees, and can be obtained from HSE Books (Tel: 01787 881165) or you can buy it from any good bookseller.
Must I have a safety policy ?
If you employ more than 4 people, even if they are only part time then the business must have a written health and safety policy. This will include a general statement of intent to protect the health and safety of your employees, together with the organisation and arrangements used to carry it out. Once the policy has been devised and written down, it must be brought to the attention of all staff. Apart from complying with the legal requirement a safety policy can bring many advantages to the workplace. It should lead to better standards for your staff, improved morale and greater benefits (often financial). You can produce your own safety policy using the HSE free booklet, INDG 259 “An Introduction to Health and Safety”.
Maximum/minimum temperatures in the workplace. What are they ?
The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment. Regulation 7 of these Regulations deals specifically with the temperature in indoor workplaces and states that: “During working hours, the temperature in all workplaces inside buildings shall be reasonable.”
However, the application of the regulation depends on the nature of the workplace i.e. a bakery, a cold store, an office, a warehouse.
The national Approved Code of Practice (ACOP) states-”The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable. ‘Workroom’ means a room where people normally work for more than short periods. The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.”
Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by:
insulating hot plants or pipes;
providing air-cooling plant;
shading windows;
siting workstations away from places subject to radiant heat.
Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling.
Where, despite the provision of local cooling, workers are exposed to temperatures, which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.
What is a ‘major injury’ ?
Major injuries are:Fracture other than to fingers, thumbs or toes
Amputation
Dislocation of the shoulder, hip, knee or spine
Chemical or hot metal burn to the eye or any penetrating injury to the eye
Who enforces health and safety law and how do they conduct themselves ?
Health and safety law is enforced by inspectors from the Health and Safety Executive (HSE) or by inspectors from your local authority.
Inspectors have the right to enter any workplace without giving notice, though notice may be given where the inspector thinks it is appropriate. On a normal inspection visit an inspector would expect to look at the workplace, the work activities, your management of health and safety, and to check that you are complying with health and safety law. The inspector may offer guidance or advice to help you. He/she may also talk to employees and their representatives, take photographs and samples, serve improvement notices and take action if there is a risk to health and safety which needs to be dealt with immediately.
Safety signs. Should I have them ?
“The Health and Safety (Safety Signs and Signals) Regulations 1996 requires employers to use a safety sign where there is a significant risk to health and safety that has not been avoided or controlled by the methods required under other relevant law, provided the use of a sign can help reduce the risk. Safety signs are not a substitute for those other methods of controlling risks such as engineering controls and safe systems of work.” – (From the summary of the Health and Safety (Safety Signs and Signals) Regulations 1996)
Working at height. So are ladders and steps really banned ?
The Work at Height Regulations 2005 do not ban ladders. They require that ladders should only be considered where a risk assessment has shown that the use of other more suitable work equipment is not appropriate because of the low risk, and short duration of the task, or considerations of where the work is located.
HSE accept the practicalities of the use of ladders for work at height, and the fact that they are commonly used in a wide variety of situations. Ladders are used in almost all employment sectors, sometimes for purposes other than those for which they were designed.
Schedule 6 of the Work at Height Regulations 2005 deals with the requirements for ladders and states:
“Schedule 6 Requirements for Ladders:
1. Every employer shall ensure that a ladder is used for work at height only if a risk assessment under regulation 3 of the Management Regulations has demonstrated that the use of more suitable work equipment is not justified because of the low risk and -
a. the short duration of use; or
b. existing features on site which he cannot alter.
2. Any surface upon which a ladder rests shall be stable, firm, of sufficient strength and of suitable composition safely to support the ladder so that its rungs or steps remain horizontal, and any loading intended to be placed on it.
3. A ladder shall be so positioned as to ensure its stability during use.
4. A suspended ladder shall be attached in a secure manner and so that, with the exception of a flexible ladder, it cannot be displaced and swinging is prevented.
5. A portable ladder shall be prevented from slipping during use by -
a. securing the stiles at or near their upper or lower ends;
b. an effective anti-slip or other effective stability device; or
c. any other arrangement of equivalent effectiveness.
6. A ladder used for access shall be long enough to protrude sufficiently above the place of landing to which it provides access, unless other measures have been taken to ensure a firm handhold.
7. No interlocking or extension ladder shall be used unless its sections are prevented from moving relative to each other while in use.
8. A mobile ladder shall be prevented from moving before it is stepped on.
9. Where a ladder or run of ladders rises a vertical distance of 9 metres or more above its base, there shall, where reasonably practicable, be provided at suitable intervals sufficient safe landing areas or rest platforms.
10. Every ladder shall be used in such a way that -
a. a secure handhold and secure support are always available to the user; and
b. the user can maintain a safe handhold when carrying a load unless, in the case of a step ladder, the maintenance of a handhold is not practicable when a load is carried, and a risk assessment under regulation 3 of the Management Regulations has demonstrated that the use of a stepladder is justified because of -
i. The low risk; and
ii. The short duration of use.’”
Reference: Work at Height Regulations 2005. The Statutory Instrument can be downloaded from Her Majesty’s Stationery Office website. HSE has produced a free leaflet entitled The Working at Height Regulations 2005: A brief guide (INDG401). (This is a pdf file, so make take a little while to download)
What is this PAT testing I hear about? I can’t for the life of me find any specific regulations on it ?
You’re unlikely to right now because quite simply they don’t exist. The legislation of specific relevance to electrical maintenance is the Health & Safety at Work Act 1974, the Management of Health & Safety at Work Regulations 1999, the Electricity at Work Regulations 1989, the Workplace (Health, Safety and Welfare) Regulations 1992 and the Provision and Use of Work Equipment Regulations 1998.
The Health & Safety at Work Act 1974 puts the duty of care upon both the employer and the employee to ensure the safety of all persons using the work premises. This includes the self employed.
The Management of Health & Safety at Work Regulations 1999 states:
“Every employer shall make suitable and sufficient assessment of:
(a) the risks to the health and safety of his employees to which they are exposed whilst at work, and
(b) the risks to ensure the health and safety of persons not in his employment arising out of or in connection with the conduct by him or his undertaking.”
The Provision and Use of Work Equipment Regulations 1998 states:
“Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.”
The PUWER 1998 covers most risks that can result from using work equipment. With respect to risks from electricity, compliance with the Electricity at Work Regulations 1989 is likely to achieve compliance with the PUWER 1998.
PUWER 1998 only applies to work equipment used by workers at work. This includes all work equipment (fixed, transportable or portable) connected to a source of electrical energy. PUWER does not apply to fixed installations in a building. The electrical safety of these installations is dealt with only by the Electricity at Work Regulations.
The Electricity at Work Regulations 1989 states:
“All systems shall at all times be of such construction as to prevent, so far as reasonably practicable, such danger.”
“As may be necessary to prevent danger, all systems shall be maintained so as to prevent, so far as reasonably practicable, such danger.”
“‘System’ means an electrical system in which all the electrical equipment is, or may be, electrically connected to a common source of electrical energy and includes such source and such equipment”
“‘Electrical Equipment’ includes anything used, intended to be used or installed for use, to generate, provide, transmit, transform, rectify, convert, conduct, distribute, control, store, measure or use electrical energy.”
Scope of the legislation
It is clear that the combination of the HSW Act 1974, the PUWER 1998 and the EAW Regulations 1989 apply to all electrical equipment used in, or associated with, places of work. The scope extends from distribution systems down to the smallest piece of electrical equipment.
It is also clear that there is a requirement to inspect and test all types of electrical equipment in all work situations.
HAZARDOUS SUBSTANCES
Is a safety date sheet the same thing as a COSHH risk assessment ?
No. The safety data sheet should be seen as preliminary information that allows you to carry out your assessment. Although it provides valuable information, it does not say anything about how much you will be using, where you are using it, where you are storing it, how many people could be exposed, etc. This information needs to be recorded as part of your overall assessment.
LONE WORKING
Can I work alone ?
Depending on the circumstances, yes. Lone working should be treated in the same way as any other hazard and should be risk assessed to identify the most appropriate controls for the activity. There will clearly be some situations where working alone will not constitute a significant risk, e.g. working on your own in an office in a building occupied by other staff during normal working hours. Conversely, there will be occasions where staff will need additional control measures due to the nature of the work, e.g. late night security patrols. The aim should be to identify controls that are commensurate with the risk.