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(Steven Felgate) #1

396 Chapter 14Employment (2): Discrimination and health and safety


their working conditions. Six sets of Regulations, known as the ‘six pack’, set out the steps
which employers must actively take.

The Management of Health and Safety at Work Regulations 2003
These are the most important of the six pack Regulations. Regulation 3 requires every
employer to make a suitable and sufficient assessment of the risks to health and safety of
employees while they are at work. There must also be an assessment of the risks to persons
other than employees. Such assessments must be reviewed if there is any reason to suspect
that they are no longer valid or if there have been significant changes in the matters to
which they relate. Employers of more than five people must keep written records. These
records must show any significant finds of the assessment and any group of employees
identified as being at special risk.
Regulation 5 requires every employer to make and give effect to appropriate health and
safety arrangements. The employer must also ensure that his employees are provided with
appropriate health surveillance, having regard to the risks to health and safety which are
identified by the assessment.
Regulation 7 requires the employer to take on competent persons to assist him to comply
with statutory health and safety requirements.
If there is likely to be serious and imminent danger, or a danger area, reg. 8 requires the
employer to establish and give effect to appropriate procedures. Regulation 9 requires the
employer to ensure that there are necessary contacts with external services providing first
aid, emergency medical care and rescue work.
Regulation 10 requires the employer to provide all employees with comprehensible and
relevant information on the risks to their health and the preventative and protective meas-
ures being taken. Where two or more employers share a workplace, reg. 11 imposes a duty
to co-operate and co-ordinate on statutory safety requirements.
Regulation 13 requires the employer to take into account an employee’s capabilities as
regards health and safety before giving him a particular task.
Regulation 14 requires employees to work in accordance with training procedures and to
inform the employer of any situation which presents a danger.
Regulations 15–19 require special measures for temporary workers, expectant mothers
and young persons.

The Workplace (Health, Safety and Welfare) Regulations 1992
These Regulations require employers to maintain equipment, devices and systems in an
efficient state. They must be in efficient working order and in good repair.
The employer must provide sufficient ventilation, ensure that during working hours
the temperature in all workplaces is reasonable and that every workplace has suitable
and sufficient lighting. The workplace must be kept sufficiently clean and waste materials
should not be allowed to accumulate.
Each employee should have at least 11 cubic metres of space and suitable workstations
and seating if appropriate. The floors and traffic routes must be kept in good condition and
measures taken to prevent falling objects or employees falling such a distance that they are
likely to be injured. Windows, doors, gates and walls should be made of safe materials.
Windows and skylights should be designed so that they can be cleaned safely.
Sanitary conveniences, washing facilities and drinking water should be provided for all
employees. If an employee’s own clothes are not worn at work, suitable accommodation for
clothing, and facilities for changing, should be provided. There should be suitable facilities
for rest and to eat meals.
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