Health and safety in the Workplace

PowerPoint 1: Construction legislation and regulations:
responsibilities and guidance

PowerPoint
presentation

1. Health and safety in building services engineering

1.1 Construction legislation and regulations

Objectives

By the end of the session, learners should be able to:

• identify health and safety legislation for protecting the workforce and

members of the public while working in the construction industry

• define the responsibilities of members of the construction team

• describe the legal status of health and safety guidance materials and

the penalties for non-compliance

• identify the role of health and safety enforcing authorities

• understand the role of health and safety inspectors.

Health and Safety at Work Act 1974

The Health and Safety at Work Act (HASAWA) 1974 embodies the
requirements for the management of health and safety at work, and
covers:

• all people at work (ie employers/employees)

• the self-employed

• the general public

• all people and activities.

HASAWA 1974

The main objectives of HASAWA 1974 are:

• health and safety of all people at work

• the protection of others from risks at work

• the control of dangerous substances

• the control of dangerous emissions.

HASAWA 1974

The Act makes health, safety and welfare everyone’s responsibility.

• Employers have a responsibility to provide personal protective

equipment (PPE), eg hard hats, gloves, eye protection, safety
footwear etc.

• A health and safety policy must be produced if a company employs

five or more employees.

Responsibilities of the construction team

HASAWA relates to all people at work whether they
are employers, employees or the self-employed.

The Act is specifically aimed at people and their
activities
at work rather than premises or processes.

It includes provisions for both the protection of
people at work and members of the general public
who may be at risk as a consequence of workplace activities.
The main objectives of HASAWA state that everyone has duties and
responsibilities regarding health and safety: the worker, each
contractor, the architect, the client, the main contractors, the
subcontractors, employees, the self-employed (labour only) and the
owner of the building being built.

Responsibilities of the construction team

Employers

For example, HASAWA deals specifically with
the general duties of the employer towards their
employees, stating that the employer must, as
far as possible, ensure the health, safety and
welfare of those in their employment.

This legislation also states that employers must have a health and
safety policy and that, if the company has more than five employees,
that policy must be written down.
The policy must be revised as necessary at regular intervals and all
employees must have access to and be informed of any changes
made to the policy.

Responsibilities of the construction team

Employers

In addition, HASAWA tells us that all employers
must:

• carry out risk assessments of all the

company’s work activities

• identify and implement adequate control

measures

• inform all employees of the risk assessments and

associated control measures

• review the risk assessments at regular intervals

• make a record of the risk assessments if five or

more operatives are employed.

Responsibilities of the construction team

Every employer and self-employed person must give information to
those people who are not in their employment about the way in which
aspects of their work might affect the health and safety of others.

Every employer must consult with health and safety representatives.
These people are appointed by the employees of an organisation to act
on their behalf.

Their role is to make and maintain arrangements that will enable the
employer and employees to promote and develop health and safety
measures, as well as checking their effectiveness.

Responsibilities of the construction team

Employees

The duties of the employee are:

• to take reasonable care of the health and safety of themselves and

others

• to comply with the employer’s health and safety policy

• not to recklessly interfere with anything that may affect health and

safety.

Health and safety publications

Health and safety publications can be divided
into two distinct groups: mandatory (must be
followed by law) and advisory (guidance, which
is recommended but not legally enforceable).

Mandatory publications include:

•Acts of Parliament – also known as statutory legislation.
Such Acts create a new law or change an existing one. Their
implementation is the responsibility of a specific government
department. In the case of health and safety Acts, this is the
Health and Safety Committee. Acts are legally enforceable and
must be followed to avoid prosecution.

•Regulations or non-statutory legislation. Rules, procedures
and administrative codes set by authorities or government
agencies to achieve a particular objective.

HSE guidance notes

These are produced by the Health and Safety Executive (HSE) to help
people interpret and understand what is required by law, and to comply
with it.

They also give technical advice.

The course of action set out in guidance notes is not compulsory, but if
the guidance is followed it is usually enough to comply with the law.

Approved Codes of Practice (ACOPs)

These documents offer practical guidance on complying with regulations.

ACOPs are supplementary to regulations and give examples of how to
comply with the law. Employers who have not followed an ACOP and
who are prosecuted for a breach of health and safety law are likely to be
found at fault by the courts.

Following an ACOP is considered good practice.

Role of HSE inspectors

Heath and safety inspectors have the legal right to enter a workplace
without giving notice, although notice may be given where the
inspector considers it appropriate.

On a normal inspection visit, an inspector will look at the place of work,
assess working activities and how health and safety is managed to
check that the employer is complying with health and safety law.

The inspector may offer guidance and advice or talk to employees, take
photographs and samples, serve improvement notices or take action if a
risk to health and safety is perceived.

Role of HSE inspectors

In sum, HSE officers can:

• inspect sites

• give guidance and advice on work or processes

• take photos and samples

• talk about and discuss situations and/or problems

• seize evidence, equipment or materials.

Role of HSE inspectors

HSE officers can also select from the following control measures:

• take informal action – by giving give advice on how to improve

• issue improvement notices – outlining specific action (i.e. what, why

and when)

• issue prohibition notices in cases of serious risk

• prosecute – in cases of failure to comply with legislation.

Informal action

Where the breach of the law is comparatively small, an inspector will
advise the duty-holder on what action should be taken to conform with
the requirements of the law.

If required, this information can be given in writing.

Improvement notice

More severe breaches will receive a
direct order from an HSE inspector to
take specific action in order to comply
with the law.

The inspector will discuss the
improvement notice with the duty-
holder and resolve points of difference
before serving it.

Use of images is great.

Copy in the image.

Note details of the image and
its source on the artwork log.

The duty-holder has 21 days to take the corrective
action. This allows time for them to appeal to an
industrial tribunal if they wish.

Prohibition notice

Where an activity involves a risk of serious personal injury, the inspector
may issue a prohibition notice, forbidding the activity either immediately
or after a specified time period.

This notice will not be lifted and work will not be allowed to resume until
corrective action has been taken.

Prosecution

In some cases, prosecution may be deemed necessary.

Failure to comply with an improvement or prohibition notice, or a court
remedy order, carries a fine of up to £20,000 or six months’
imprisonment, or both.

Unlimited fines, and in some cases imprisonment, may be given by
higher courts.

Failure to comply with a prohibition notice can result in injury or
death.

The local authority: inspection and enforcement

The building control inspector (now more generally known as the
building control surveyor) works for the local authority and makes sure
that each document relating to Building Regulations is observed in the
planning and construction stages of new buildings.

The building control surveyor needs thoroughly to understand the
Building Regulations and how to interpret them accurately. They have
the power to reject plans that fail to meet the Building Regulations.

They may also have to use their professional judgement and skill to offer
advice on acceptable solutions to meet statutory requirements, should
any problems arise.

They will make site visits at different stages of construction to ensure
that all construction work is being properly carried out.

Collaboration Task Industry related Scenario

You are in the planning

stage of a single

detached

property new

build project.

How do we relate our

new knowledge to this

scenario?

1.

Form a list of responsibilities for

each member of the group and

explain why you have assigned

these tasks this way.

2.

Using the Gov HSE website

:

Research the regulations that will

affect you as a company and explain

why.

Choose or allocate the following

job roles in your group:

•

Health and safety manager

•

Commercial manager

•

Architect

•

Site manager

Share your teams out comes with the whole group

Group

presentations

Test your new knowledge

Any questions?