Construction Health and Safety

MANAGEMENT OF HEALTH AND SAFETY AT WORK

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NOTE
Whilst every care has been taken to ensure accuracy within this work, no liability whatsoever is accepted by Construction Health and Safety, its sponsoring organisations or their advisers in respect of the information given. No material from this book may be reproduced in any shape or form without written permission from the publishers.

Printed in Great Britain by ArklePrint Ltd, 17 Gatelodge Close, Round Spinney, Northampton NN3 8RJ. Published by the Construction Confederation, 55 Tufton Street, London SW1P 3QL

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MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999

Introduction
The Management of Health and Safety at W ork Regulations 1999 apply to all work activities, with the exception of those in sea-going ships. The 1999 regulations revoke and consolidate amendments made to the 1992 regulations and also revoke the Management of Health & Safety at Work (Amendment) Regulations 1994; The Health and Safety (Young Persons) Regulations 1997; and Part III of the Fire Precautions (Workplace) Regulations 1997. There is an Approved Code of Practice which gives guidance on compliance with the regulations and specific HSE guidance on young persons at work. Extracts from the code and from the guidance are quoted in the following paragraphs which cover the main re q u i re m e n t s . It should be noted that, in construction work, the Construction (Design & Management) Regulations 1994 (CDM), are allied to the Management of Health and Safety at Work Regulations. The CDM regulations place specific duties on clients, planning supervisors, designers and contractors which are in addition to duties under the Management of Health and Safety at Work Regulations on a c o n s t ru ction project. Guidance on the CDM regulations and its Approved Code of Practice is given in Section OC. For more dynamic activities, i.e. where the detailed work activity may change fairly frequently, or the workplace itself changes and develops (e.g. on a c o n s t ruction site, or where the work involves peripatetic workers moving from site to site) the risk assessment might have to concentrate more on the b road range of risks that might arise, so that detailed planning and employee training can take account of those risks and enable them to be controlled as and when they arise. Review and revision The employer or self-employed person needs to review the risk assessment if there are developments that suggest that it may no longer be valid (or that it can be improved). In most cases, it is prudent to plan to review risk assessments at regular intervals the time between reviews being dependent on the nature of the risks and the degree of change likely in the work activity. Such reviews should form p a rt of standard management practice. R e q u i re ments of a risk assessment A risk assessment should: 1. e n s u re that all relevant risks or hazards are addressed. The aim is to identify the significant risks in the workplace. Do not obscure those risks with an excess of information or by concentrating on trivial risks. In most cases, first identify the hazards i.e. those aspects of work (for example, substances or equipment used, work processes, or work organisation) which have the potential to cause harm . If there are specific Acts or Regulations to be complied with, these may help to identify the hazards. Assess the risks from the identified hazards; if there are no hazard s , t h e re are no risks. Some risks may already be contro l l e d in some way, whether by deliberate measures or by the circumstances in which they are found. The effectiveness of those controls needs to be taken into account in assessing the residual risk. Be systematic in looking at hazards and risks. For example it may be necessary to look at hazards or risks in groups such as machinery, transport, substances, electrical, etc. In some cases, an operation by operation approach may be needed, e.g. materials in pro d u c t i o n , dispatch, offices, etc. E n s u re all aspects of the work activity are reviewed. 2. address what actually happens in the work place or during the work activity. Actual practice may differ from the works manual; indeed this is frequently a route whereby risks creep in unnoticed. Think about the non-routine operations, e.g. maintenance operations, loading and unloading, changes in production cycles. Interruptions to the work activity are a frequent cause of accidents. Look at management of such incidents and the pro c e d u res to be followed. 3. e n s u rethat all groups of employees and others who might be affected are considered. Do not forget office staff, night cleaners, maintenance staff, security guards, visitors. 4. identify groups of workers who might be p a rticularly at risk. For example young or inexperienced workers; those who work alone; any disabled staff For the purposes of the Management of Health and Safety at Work Regulations, young persons are those

Requirements of the regulations

Risk assessment (Regulation 3) This regulation requires employers and self-employed persons to make a suitable and sufficient assessment of the risks to workers and any others who may be affected by their undertaking and to re c o rd the significant findings of that assessment. Employers should ensure that this includes a specific risk assessment where new or expectant mothers may be at risk f rom a work process, working condition or physical, chemical or biological agent. Suitable and sufficient A suitable and sufficient risk assessment should: 1. identify the significant risks arising out of work. This means focussing on those risks that are liable to arise because of the work activity. Trivial risks can usually be ignored as can risks arising from routine activities associated with life in general, unless the work activity compounds those risks, or there is evidence of significant relevance to the particular work activity. Employers and the self-employed are expected to take reasonable steps, e.g., by reading HSE guidance, the trade press, company or supplier manuals, etc. to familiarise themselves with the hazards and the risks in their work. 2. enable the employer or the self-employed person to identify and prioritise the measures that need to be taken to control the identified risks in compliance with the relevant statutory provisions. 3. be appropriate to the nature of the work and such that it remains valid for a reasonable period of time. This will enable the risk assessment and the significant findings to be used positively by management, for example to change working pro c e d u re s or to introduce medium to long-term contro l s . For relatively static operations, the risk assessment should be such that it is not necessary to repeat it every time someone is exposed to a hazard in comparable circumstances.
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people who have not reached the age of 18. Childre n a re those people who are not over compulsory school age. Norm a l l y, these are children who have not reached the end of the school year in which their 16th birthday falls. Generally, children may not be employed at all, and those between 13 and the minimum school leaving age cannot work in construction. However, it is possible that they may attend site or contractors head office for work experience approved by the local authority, when technically they will be at work. When making risk assessments it is necessary to consider whether young persons are to be employed, and if so, whether any special precautions are re q u i re d due to such factors as: their inexperience, immaturity and lack of awareness of risk the nature of the tools and equipment they may have to use as part of their training the environment they have to work in risks from hazardous substances 5. take account of existing preventive or p re c a u t i o n a rym e asures. They may already reduce the risk sufficiently in terms of what needs to be done to comply with relevant statutory provisions. But a re they working properly? Does action need to be taken to ensure they are pro p e r l y m a i n t a i n e d? Assessment under other regulations Other regulations, e.g. COSHH, Asbestos, Lead, also contain requirements for risk assessment which are a d d ressed specifically to the hazards and risks that are covered by those regulations. An assessment made for the purpose of such regulations will cover in part the obligation to make assessments under these regulations. Where employers have already carried out assessments under other regulations, they need not repeat those assessments as long as they remain valid; but they do need to ensure that all significant risks are covere d . Recording Regulation 3 re q u i re s that employers with five or more employees must re c o rd the significant findings of their risk assessment. This re c o rd should re p resent an effective statement of hazards and risks, which then leads management to take the relevant actions to protect health and safety. It needs there f o re to be a part of an employers overall approach to health and safety and, where a p p ropriate, should be linked to other health and safety re c o rds or documents such as the health and safety plan p roduced under CDM, the record of health and safety a rrangements re q u i red by Regulation 5 and the written health and safety policy statement re q u i re d by Section 2(3) or the Health and Safety at Work Act ( H A S AWA). This record would normally be in writing; however, it could also be recorded by other means, e.g. electronically, as long as it is retrievable for use by management or for examination, for example by an inspector or a safety re p resentative. The re c o rd will often refer to and rely on other documents and re c o rds describing pro c e d u res and safeguards. The significant findings should include: the significant hazards identified in the assessment. That is, those hazards which might pose serious risk to workers or others who might be affected by the work activity if they were not properly controlled; the existing control measures in place and the extent to which they control the risks (this need not replicate details of measures more fully described in works manuals, etc. but could refer to them); persons who may be affected by these significant risks of h a z a rd s, including any groups of employees who are especially at risk.

F u rther information on carrying out risk assessments and their inter-relationship with method statements is given in Section 1. Principles of Prevention to be applied (Regulation 4) When implementing preventative and protective measures, employers must ensure that they give full consideration to the following principles of prevention: a) if possible avoid a risk altogether, e.g. do the work in a different way, taking care not to introduce new hazards; b) evaluate risks that cannot be avoided by carrying out a risk assessment; c) combat risks at source, don't take the easy option, if steps are slippery, treating them or replacing them is better than displaying a warning sign; d) adapt work to the requirements of the individual, select work and personal protective equipment and drawing up working and safety procedures and methods of production. Aim to alleviate monotonous work and paced working at a predetermined rate, and increase the control individuals have over work they are responsible for; e) take advantage of technological and technical progress, which often offers opportunities for improving working methods and making them safer; f) implement risk prevention measures to form part of a coherent policy and approach. This will progressively reduce those risks that cannot be prevented or avoided altogether, and will take account of the way work is organised, the working conditions, the environment and any relevant social factors. Health and safety policy statements required under section 2(3) of the HSW Act should be prepared and applied by reference to these principles; g) give priority to those measures which protect the whole workplace and everyone who works there, and so give the greatest benefit; h) ensure that workers, whether employees or selfemployed, understand what they must do; i) the existence of a positive health and safety culture should exist within and organisation. That means the avoidance, prevention and reduction of risks at work must be accepted as part of the organisation's approach and attitude to all its activities. It should be recognised at all levels of the organisation, from junior to senior management. These are general principles rather than individual prescriptive requirements. The should, however, be applied wherever it is reasonable to do so. Health and safety arrangements (Regulation 5) This Regulation in effect requires employers to have a rrangements in place to cover health and safety. It should be integrated with the management system for all other purposes. The system in place will depend on the size and n a t u re of the activities of the undertaking but, generally, will include the following elements which are typical of any other management function: Policy See Section 1 Planning Adopting a systematic approach which identifies priorities and sets objectives. Whenever possible, risks should be eliminated by the careful selection and design of facilities, equipment and processes, or minimised by the use of physical control measure s . Organisation Putting in place the necessary stru c t u re with the aim of ensuring that there is a pro g ressive improvement in health and safety performance.

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Monitoring Ensuring that the decisions for ensuring and promoting health and safety are being implemented as planned. Review P ro g ressive improvement in health and safety can be achieved only through the constant development of policies and techniques of risk contro l . The Regulation also re q u i re s undertakings with five or m o re employees to re c o rd their arrangements for health and safety. The arrangements re c o rded should include a list of those competent persons appointed under Regulation 7. As with the risk assessment, this re c o rd could form part of the same document containing the health and safety policy.

Health surveillance (Regulation 6)

The risk assessment will identify circumstances in which health surveillance is re q u i red by specific health and safety regulations (e.g. COSHH, Asbestos). In addition, health surveillance should be introduced where the assessment shows the following criteria to apply:1. t h e re is an identifiable disease or adverse health condition related to the work concern e d ; 2. valid techniques are available to detect indications of the disease or condition; 3. t h e re is a reasonable likelihood that the disease or condition may occur under the particular conditions of work; and 4. surveillance is likely to further the protection of the health of the employees to be covere d . Once it is decided that health surveillance is appro p r i a t e , such health surveillance should be maintained during the employees employment unless the risk to which the worker is exposed and associated health effects are short term. The minimum requirement for health surveillance is the keeping of an individual health record (for further information see section 25). Health and safety assistance (Regulation 7) Employers must have access to competent help in applying the provisions of health and safety law, including these Regulations and in particular in devising and applying protective measures, unless they are competent to undertake the measures without assistance. Appointment of competent persons for this purpose should be included among the arrangements re c o rded under Regulation 5(2). When appointing persons to this role, employers should look to appoint one or more of their employees, with the necessary means, to provide the health and safety assistance re q u i red. If there is no relevant competent worker in the organisation or the level of competence is insufficient to assist the employer in complying with health and safety law, the employer should enlist an external service or person. In some circumstances a combination of internal and e x t e rn al competence might be appropriaate, recognising the limitation of the internal competence. Employers who are sole traders, or are members of partnerships, may appoint themselves (or other partners) to carry out health and safety m e a s u res, as long as they are competent. Large employers may well appoint a whole department with specific health and safety responsibilities, including specialists in such matters as occupational hygiene or safety engineering. In any case where external support is brought in, its activities must be co-ordinated by those appointed by the employer to manage the health and safety measure s . External services employed usually will be appointed in an advisory capacity only. They will often be specialists or general consultants on health and safety matters. The appointment of such health and safety assistants, d e p a rt ments or advisers does not absolve the employer fro m responsibilities for health and safety under HASAWA and other relevant statutory provisions. It can do no more than

give added assurance that these responsibilities will be d i s c h a rg ed adequately. Employers are solely responsible for ensuring that those they appoint to assist them with health and safety measure s are competent to carry out whatever tasks are assigned and are given adequate information and support. Competence in the sense it is used in these regulations does not necessarily depend on the possession of particular skills or qualifications. Simple situations may require only the following:1. an understanding of relevant current best practice; 2. awareness of the limitations of ones own experience and knowledge; and 3. the willingness and ability to supplement existing experience and knowledge. M o re complex situations will re q u i re the competent assistants to have a higher level of knowledge and experience and in certain circumstances specific applied knowledge and skills which can only be off e red by a p p ropriate qualified specialists e.g. occupational doctor/nurse. It is advisable for employers to verify any health and safety qualifications to satisfy themselves that the assistants they appoint have a suitably high level of competence. Pro c e d u re s for serious and imminent danger and for danger areas (Regulation 8) Employers need to establish pro c e d u re s to be followed by any worker if situations presenting serious and imminent danger were to arise. The aim has to be to set out clear guidance on when employees and others at work should stop work and how they should move to a place of safety. In some cases this will re q u i re full evacuation of the workplace. In other cases it might mean some or all of the workforc e moving to a safer part of the workplace. The risk assessment should identify the foreseeable events that need to be covered by these pro c e d u res. For some employers, fire (and possible security) risks will be the only ones that need to be covered. But even in those cases, the n a t u re of the fire risk (e.g. in which parts of a building, the substances that might be involved, etc.) may need to be reflected in the detail of the pro c e d u re s . Many workplaces or work activities will pose additional risks. All employers should consider carefully in their risk assessment whether such additional risks might arise. Where such risks are identified, additional procedures will be needed and those pro c e d u re s should be geared, as far as is practicable, to the nature of the serious and imminent danger that those risks might pose. The pro c e d u res may need to take account of re s p o nsibilities of specific employees. Some employees, or groups of employees, may have specific tasks to perform in the event of emergencies (e.g. to shut down plant that might otherwise compound the danger); some employees may have had training so that they can seek to bring an emergency event under control. The circumstances in which such workers should stop work and move to a place of safety may well be different from those for other workers; the procedures should, if necessary, reflect these differences. The pro c e d u re s should set out the role and responsibilities of the competent persons nominated to implement the detailed actions. The pro c e d u res should also ensure that employees know who the relevant competent persons are and understand their ro l e . Emergency pro c e d u res should normally be written down, clearly setting out the limits of actions to be taken by employees. Information on the pro c e d u res should be made available to all employees (see Regulation 10), to any e x t e rnal health and safety personnel and, if necessary, to other workers and/or their employers. They should also form p a rt of induction training (see Regulation 13). It may be advisable to carry out exercises to familiarise employees

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with the procedures (e.g. the use of alarms etc. to initiate action) and to test their effectiveness. W h e re diff e re nt employers (or self-employed persons) s h a re a workplace, their separate emergency procedures should take account of others in the workplace and, as far as is appropriate, should be co-ordinated (see Regulation 11). Danger areas A danger area is a work environment which it is necessary to enter, where the level of risk is unacceptable without special precautions being taken e.g. a lift motor room. The area must be restricted to prevent inadvertent access by other employees and other persons. This Regulation does not specify the precautions that should be taken to ensure safe working in the danger area this is covered by other legislation. However, once the employer has established suitable precautions, relevant employees must receive adequate instruction in those p recautions prior to entry into any such danger are a . Contacts with External Services (Regulation 9) Employers must ensure that any necessary contacts with e x t e rnal services are arranged, particularly as regards firstaid, emergency medical care and rescue work. This could include the relevant fire and ambulance services. Information for employees (Regulation 10) The risk assessment will help identify information which has to be provided to employees under specific re g u l a t i o n s , as well as any further information relevant to risks to employees health and safety. Relevant information on risks and on preventive and protective measures will be limited to what employees need to know to ensure their health and safety. The Regulation also requires information to be p rovided on the emergency arrangements established under Regulation 8, including the identity of staff nominated to assist in the event of evacuation. I n f o rmation can be provided in whatever form is most suitable in the circumstances, as long as it is compre h e n s i b l e to the employees, particularly young persons. W h e re a child is to be employed, either for work experience or in offices, then the employer must, before employing the child, provide the parent or guardian with details of the risk assessment. This information will include details of the risk and a description of the preventative and protective m e a s u res, whether the risk arises from the employers own activity or from the activities of others at the workplace. Co-operation and co-ordination (Regulation 11) Employers and the self-employed have obligations under HASAWA towards anyone who may be put at risk by their activities. Where the activities of diff e re nt employers and self-employed people interact, for example where they share p remises or workplaces, they may need to co-operate with each other to ensure that their respective obligations are met. This Regulation makes specific the duty to co-operate w h e reemployers and the self-employed share a workplace. Risk assessments and subsequent measures may need to cover the workplace as a whole to be fully effective; this will re q u i re some degree of co-ordination. The form of c o - o rd ination adopted will depend on the circumstances, but all employers and self-employed involved will need to satisfy themselves that the arrangements adopted are adequate. Employers will also need to ensure that all their employees, but especially the competent persons appointed under Regulations 7 and 8, are aware of and take full part in the arrangements. W h e re a particular employer (for example, the principal contractor) controls the worksite, other employers or self employed sharing the site should assist the controlling employer in assessing the shared risks and co-ordinating any

necessary measures, primarily by providing information. A c o n t rolling employer who has established site-wide arr a n g ements will have to inform new minor employers or self employed so that they can integrate themselves into the a rrangements. Where there is no controlling employer, each employer and self-employed person present should agre e such joint arrangements, such as appointing a health and safety co-ordinator, as are needed to meet the Regulations re q u i re m ents. In workplaces where management control is fragmented and employment is largely casual or short-term, appointing a health and safety supervisor or co-ordinator is likely to be the most effective way of ensuring co-ord i n a t i o n and co-operation and the effective exchange of information. Note: In construction, specific responsibilities to ensure co-operation and co-ordination between designers, contractors and employees are laid down in the CDM regulations (see Section OC). Persons working in host employers or self-employed persons undertakings (Regulation 12) This Regulation applies where employees or self-employed persons carry out work in the undertaking (or business) of an employer other than their own, or of another self employed person. There will be some overlap with Regulation 11 (mainly in the case of some self-employed contractors), for which adequate arrangements established under Regulation 11 should suffice. However, this Regulation does not depend on workplaces being shared. Employers and the selfemployed who are sole occupiers may also need to provide c o m p rehensible information to other employers whose employees (or to other self-employed) carry out work, often for a short time, on behalf of the first employers or selfemployed, at any place. Such employees would include: 1. contractors employees carrying out cleaning, repair, or maintenance under a service contract; 2. employees in temporary employment businesses hired to work under the first employers contro l . The risk assessment will have identified risks to these people. The information provided must include those risks and the health and safety measures in place to address those risks and be sufficient to enable the other employers to identify any persons that they (the first employer) have nominated to help with emergency evacuation. The first employer also has a duty to take reasonable steps to ensure that the employees of the second employer have indeed received the latter inform a t i o n . People who visit another employers premises to carry out work must be provided with appropriate information and instructions regarding relevant risks to their health and safety. These visitors could be specialists who are better informed than the host employer of the risks normally associated with the tasks which they are to carry out. The host employers instructions should be concerned with those risks which are peculiar to his activity or premises. The visitors may also introduce risks to the permanent workforc e (e.g. from equipment or substances they may bring with them). Their employers should inform the host employer of such risks, under their general duty under Section 3 of HASAWA. Capabilities and training (Regulation 13) When allocating work to employees, employers should ensure that the demands of the job do not exceed the employees ability to carry out the work without risk to themselves or others. Employers should take account of the employees capabilities and the level of their training, knowledge and experience. If additional training is needed, it should be pro v i d e d . Training needs are likely to be greatest on recruitment. New employees should receive basic induction training on health and safety, including arrangements for first-aid, fire

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and evacuation. Particular attention should be given to the needs of young workers. The risk assessment should indicate f u rther specific training needs. In some cases, training may be re q u i red even though an employee already holds form a l qualification. Changes in an employees work environment may cause them to be exposed to new or increased risks, requiring further training. The need for further training should be considered when:1. employees transfer or take on new responsibilities. There may be a change in the work activity or in the work environment, 2. t h e re is a change in the work environment or systems of work in use. A significant change is likely to need a review and re-assessment of risks, which may indicate additional training needs. If the change includes introducing completely new technology, it may bring with it new and unfamiliar risks. Competent outside advice may be needed. Changes in risks may also re q u i re changes in the content of training, e.g. where new pro c e d u res have been i n t roduced. Health and safety training should take place during working hours. If it is necessary to arrange training outside an employees normal hours, this should be tre a t e d as an extension of time at work. Employees duties (Regulation 14) Employees have a duty under Section 7 of HASAWA to take reasonable care for their own health and safety and of that of others who may be affected by their acts or omissions at work. Towards this end, employees should use corre c t l y all work items provided by their employer, in accord a n c e with their training and the instructions they receive to enable them to use the items safely. Employees duties under Section 7 also include cooperating with their employer to enable the employer to comply with statutory duties for health and safety. Employers or those they appoint to assist them with health and safety matters, there f o re need to be informed without delay of any work situation which might present a serious and imminent danger. The danger could be to the employee concerned or, if it results from the employees work, to others. Employees should also notify any shortcomings in the health and safety a rrangements even when no immediate danger exists, so that the employer can take such remedial action as may be needed. The duties placed on employees do not reduce the responsibility of the employer to comply with the duties under these Regulations and the other relevant statutory p rovisions. In particular, employers need to ensure that employees receive adequate instruction and training to enable them to comply with their duties under this Regulation. Te m p o r a ryworkers (Regulation 15) This Regulation supplements previous regulations requiring the provision of information, with additional requirements on temporary workers (i.e. those employed on fixed duration contracts and those employed in employment businesses, but working under the control of a user company). The use of temporary workers should also be notified to appointed health and safety personnel, where necessary for the personnel to be able to carry out their functions. Risk assessment in respect of new or expectant mothers (Regulation 16) Employers are re q u i red to: assess the risks to the health and safety of women who a re pregnant, have recently given birth, or who are breastfeeding ensure that workers are not exposed to risks identified by the risk assessment, which could present a danger to their
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health and safety If after taking whatever preventative action is reasonable, t h e re is still a significant risk, which goes beyond the level of risk to be expected outside the workplace, then employers must take the following steps to remove the employee fro m that risk: temporarily adjust conditions of hours of work if that is not reasonable or would not avoid the risk, they should offer her alternative work if any is available if that is not possible, they must give her paid leave fro m work as long as is necessary to protect her health and safety or that of her child. C e rtificate from re g i s t e re d medical practitioner in respect of new or expectant mothers (Regulation 17) If a new or expectant mother works at night and has a medical certificate stating that night work could damage her health or safety, the employer must either offer her daytime work if any is available or, if that is not reasonable, give her paid leave for as long as necessary to protect her health and safety. Notification by new or expectant mothers (Regulation 18) Employers are re q u i red to fufil regulation 16 and 17 only w h e re the employee has notified them in writing that she is p regnant, has given birth within the previous six months, or is bre a s t f e e d i n g . Protection of Young Persons (Regulation 19) Employers are called upon to consider the special nature of young persons, due to their lack of experience, lack of knowledge of risks and the fact that they are not fully mature . To that end, young persons are normally prohibited fro m work: which they cannot cope with, physically or psychologically involving harmful exposure to hazardous substances, including radiation involving the risk of accidents resulting from insufficient attention to safety or lack of experience or training w h e re their health is at risk from cold, heat, noise or vibration These restrictions are not intended to prevent the employment of a young person on work which is necessary for his training, providing he is supervised by a competent person and any risk has been reduced to the lowest level which is reasonably practicable.

Managing Work-Related Road Safety

Introduction It is estimated that up to a third of all road traffic accidents involve somebody who is at work at the time. Traditionally, companies risk management processes have not been applied to occupational driving and employers have believed, incorre c t l y, that provided they comply with c e rta in road traffic law re q u i rements, MOT, valid drivers licence, etc, that is enough to ensure the safety of their employees and others affected by them when they are on the road. However, it is now recognised that health and safety law applies to driving as to all work activities and this is simply another part of good risk management. There are three key reasons for introducing arrangements for managing work-related road safety: 1. To help keep your employees safe. 1,000 people are killed and a further 12,500 seriously i n j u re d on the UK roads every year whilst driving at work. RoSPA estimate that the risk of death for a company car driver doing 25,000 miles per year is 1 in 8,000 - similar to that of a coal-miner and worse than that in the industries of construction (1 in 10,000) and agriculture (1 in 13,500). The risk increases by 50% for those travelling double that mileage (Transport Road

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R e s e a rch Laboratory). So driving at work is arg u a b l y one of the most hazardous activities we undert a k e . 2. Legal Responsibilities HSE has issued a document (IND(G) 382 Driving at work: Managing Work-related Road Safety) that sets out employers legal responsibilities to manage work-related road safety and provides guidance on how to do it. It makes it clear that health and safety law applies to driving while at work. 3. Financial Benefits Motor insurance is a significant cost to most companies and the cost will be dependant on the past claims re c o rd. In addition, the true costs to the company are nearly always higher than just the costs of repairs and insurance claims. Benefits from managing work-related road safety include: Better control over costs such as wear and tear, fuel, insurance premiums, and legal fees. Fewer days lost to injury Fewer vehicles off the road for re p a i r Reduced running costs through better driving standard s The RAC estimates that the introduction of a work-related road risk management programme could expect to reduce total accident costs by 70% over five years. How to Manage Work-Related Road Safety A risk assessment should be undertaken for work-related driving activities and appropriate controls implemented. Risk assessments for work-related driving activities should follow the same principles as risk assessments for any other work activity. 1. Examples of typical controls include: Action to eliminate or reduce travel. An example of a typical assessment process is at Appendix 1. The individual driver would typically undertake this assessment. Where the assessment concludes either the elimination of the journey or travel by an alternative and safer means, then this may need to be discussed with the individuals manager and this approach will need management support. While the above approach is practical for many drivers who schedule their own journeys, managers of drivers who have their work scheduled for them should maintain an on-going review of the journeys their staff u n d e rtake and the associated conditions. Individuals driving schedules should be reviewed in advance and mitigation measures taken which may include: Re-scheduling/re-allocating journeys (including consideration of the option of overnight accommodation) Selecting the most suitable type of vehicle to be used for specific journeys Re-allocating drivers to journeys best suited to their skills/experience Strict compliance with any legal restrictions on maximum driving and/or working hours. Where these do not legally apply they shall be considered as the best practice standard to be achieved Considering time spent on non-driving tasks as part of the total workday

Satisfactory completion of a driver assessment p rogramme - there are various pro p r i e t a ry programmes, mostly web-based delivery, which both train drivers and p rovide an assessment to the employer of driver skills and priorities for training. Confirmation of receipt of the companys road safety policy and ru l e s . In addition, for those using private vehicles at work: Insurance Certificate inspection ensuring that cover is held for business use MOT Certificate inspection (where relevant) A check that the vehicle being used at work has been p roperly maintained. This could be by self-certification by the driver to this effect or it could involve more detailed checks of service re c o rd s . Consideration needs to be given to the frequency of the authorisation process. Undertaking it annually ensures that there is a reasonable back-up check of licences and insurance etc that would pick-up any individual driver who fails to notify a change of circ u m s t a n c e s .
* Anyone who drives on the public highway must be able to meet the standard criteria for vision. The DVLA standard is the ability to read a standard vehicle number plate in good daylight at a distance of 20.5 metres (60ft) with or without the use of spectacles. If to achieve this standard the person needs to use glasses or contact lenses, they must wear them every time that person drives on the public highway. Inability to achieve this standard renders the individual unsuitable to drive any vehicle on the public highway and to do so is a criminal offence. There are stricter standards for drivers of medium/heavy vehicles and minibuses/buses.

2. Authorisation of individuals to drive on company business eg company driving licence. Considerations for the authorisation process could include: For all those driving whilst at work: Driving Licence inspection Health Check - this could be self-certification by drivers that they do not suffer any of the health conditions notifiable to the DVLA and that they can meet the legal eyesight standards* or it could involve more detailed health checks by a medical practitioner eg eyesight tests

3. Driver Training. It is an essential part of effective management of occupational road risk to ensure that only drivers with the appropriate attitude and competence are authorised to drive at work. Although all drivers must pass the appropriate driving test, this is a minimum standard and levels of driving competence vary enormously according to age, experience, mental and physical attributes and attitude to risk. Many drivers tend to over-estimate their driving skill. Defensive driver training is an important tool in developing drivers attitudes and competence. Defensive driving is a term used to describe a variety of learned techniques that, if practised consistently by drivers, will reduce the risk of involvement in road accidents. Defensive driver training can typically be delivered by c l a s s room training or by one to one training in-car. The criteria for training and the type of training to be provided should be determined as part of the system for managing w o r k - re lated road safety. Criteria for prioritising training could include: Miles driven Involvement in a driving accident or conviction for a driving offence, where the investigation reveals that training is re q u i re d Type of vehicle driven eg high priority for drivers of passenger vehicles such as crew buses. Driver assessment re s u l t s Age Length of time full driving licence held Time since last driver training re c e i v e d Defensive driver training is separate from, and additional to, any particular skills training required to operate a p a rticular class or type of vehicle. For example, a driver operating a lorry loader needs specific training in the operation of that type of vehicle. In addition to defensive driver training, important ro a d safety information can be provided to drivers in driver handbooks, alerts, briefings, etc. An example of an employee briefing note is at Appendix 2.

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4. Vehicle Selection Vehicles need to be suitable for the journeys undertaken taking into account the following factors: Type and size of any load to be carried and means of securing it Number of people to be carr i e d Any combination of the above Types of roads/conditions to be covere d . Any unroadworthy vehicle or one that is not fit for purpose should not be driven. There must be a system for promptly re p o rting and rectifying faults in company vehicles. 5. Travel Kit Drivers can be provided with a travel kit containing essential or useful equipment/information. An example would be: Company Drivers Handbook Highway Code Vehicle manufacturers handbook Contact telephone number for emergency bre a k d o w n service. Spare tyre, jack and wheel brace. Roadside high visibility warning triangle High visibility reflective clothing First-aid kit Some of this would be re q u i red to be carried by law while other elements are simply good practice. 6. Mobile Phones and Driving It is clear that use of a hand-held mobile phone when driving is dangerous. Research has also shown that use of a h a n d s - f re e phone is likely to be distracting. It is a specific offence, by virtue of the Road Vehicles ( C o n s t ru ction and Use) (Amendment) (no. 4) Regulations 2003, to use a hand-held phone, or similar device, when driving. Hands-free calls are also distracting and drivers should be aware that they still risk prosecution for failing to have proper control of their vehicle, for careless or even d a n g e ro us driving if use of a phone affects their driving. The penalties include an unlimited fine, disqualification and up to two years imprisonment. Employers should have clear policy and rules on use of mobile phones while driving which may contain requirements over and above those set out in the legislation. The rules should be clearly communicated to drivers and enforced. Typical rules might include: Never use a hand-held phone whilst driving because it is not possible to be in full control of a vehicle at the same time. It is better to keep the phone switched off and to only use it when stopped in a safe place with engine off Using hands-free equipment is also likely to distract your attention from the road. It is far safer not to use any telephone while you are driving - find a safe place to stop first Vehicle mounted hands-free equipment should be installed according to the manufacturers instructions and should follow the BSIs Guide to in-vehicle information systems (DD 235:1996). If this is not possible, e.g. in a temporary vehicle, your mobile phone should be switched off whilst driving.

Where a vehicle mounted hands-free kit is fitted keep incoming call duration to a minimum. Also, if necessary, say you are driving and end the conversation quickly to avoid putting yourself and other road users at risk. If you have to make an outgoing call or text message only do so when stationary. During inclement weather or busy driving conditions use voicemail or divert calls so that messages can be left whilst the phone is switched off. A hands-free phone may enable the driver to control the vehicle, but their mind will not be fully on driving. Find a safe place to park to make calls or receive messages. On a long journey, regular breaks to relax and reduce tiredness are recommended. Stopping on the hard shoulder of a motorway is only allowed in an emerg e n c y. If re q u i red to re p o rt an accident or other incident, the e m e rgency services should be contacted as quickly as possible if immediate action is re q u i red. Do this by stopping the vehicle when and where it is safe to do so or by asking a passenger to make the call If you are required to call the emergency services, describe where the accident or incident is by re f e rring to the last place or junction passed. On a motorway, it is best to use a roadside emergency telephone, as the e m e rgency services will be able to locate you easily. However if a mobile phone has to be used, the emergency services will re q u i re details of the location based on the numbers on the marker posts on the hard shoulder

7. Substance Abuse Employers should have a clear policy regarding substance abuse that applies to driving at work. In particular: Driving at work under the influence of alcohol, illegal substances or medication liable to impair drivers ability should be prohibited and contravention of this re q u i rement should be a disciplinary offence. The s t a n d a rds defining impairment of the drivers ability a re those set under the Road Traffic Regulations. Personnel should be re q u i red to disclose to their line manager if they are taking medication liable to impair their ability to drive. W h e re appropriate, medical opinion should be sought to determine the effect of medications so disclosed. 8. Accident/Incident Report i n g There should be appropriate arrangements for re p o rting, re c o rding and investigating road accidents whilst driving at work. This applies to drivers of company and privately owned vehicles. Typically, accidents resulting in significant personal injury or with the potential to cause significant personal injury should be investigated. 9. Check List Drivers also have some responsibly for their own safety whilst driving at work and it is useful to provide a simple list of dos and donts as a reminder of good driving practice. (see fig 1)

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Appendix 1: Driver Risk Assessment

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Appendix 2: Employee Driving Briefing

SAFE DRIVING
1,000 people are killed and a further 12,500 seriously injured on the UK roads every year whilst driving at work. There are some simple things that you can do to help keep you safe on the road. While these Dos and Donts are aimed at driving undertaken while at work, they are equally valid when driving at any time.

For further information please contact the Health and Safety Department.

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The Health and Safety at Work Act and the Management of Health and Safety at Work Regulations re q u i re employers to provide their employees with understandable and relevant information on risks to their health and safety and on p recautions to take to avoid those risks. Information should be provided in a way that takes account of any language d i fficulties or disabilities. It can be provided in whatever f o rm is most suitable in the circumstances, as long as it can be understood by everyone. For employees or workers with little or no understanding of spoken or written English, employers and those in control may need to make special arrangements.

Health and Safety of Non-English Speaking Personnel on Construction Sites

Many employers cite risks to health and safety as one of their main concerns when employing persons who do not speak and / or understand English. On construction sites w h e re changing conditions often re q u i re quick reactions to verbal communications, the inability to speak and / or understand English could create a particularly high risk to health and safety. However, a blanket refusal to consider non-English speaking employees for any vacancies or activities will almost certainly be in breach of the provisions of the Race Relations legislation. This guidance is there f o re intended to protect the health and safety of non-English speaking personnel, and others on site, whilst ensuring that they are not unfairly discriminated against. It should be noted that this does not only apply to "foreign" labour, as British citizens cannot always read / write in English and their communication skills may be poor. Irrespective of whether the employee meets other criteria for the job (eg. CSCS cardholder) employers will need to assess the risks of any language barrier to health and safety and the control measures re q u i red to overcome those risks before making a final decision.

Introduction

As with all health and safety hazards, in the first instance it is important to assess the risks associated with the fact that the individual does not speak and / or understand English. The employer will need to identify if the individual does not speak English or does not understand English, these are two very diff e rent issues. Many people find it easier to understand a second language before they can speak it with any degree of fluency. Risks may arise from a range of issues: from the consequences of not being able to understand the site safety induction to the inability to communicate danger to others on site. The employer needs to assess the risk of each activity and identify where the ability to understand and speak English is critical and where it is not. Such critical activities may include those such as crane slinger/signallers; confined space working and activities that require a permit to work system. These types of activity may be deemed unsuitable for operatives who cannot understand or speak English. The conditions on construction sites, by their very nature , a re constantly changing. Employers need to consider how many new or unexpected potential dangers can be e ffectively communicated to those individuals who do not speak and / or understand English.

Assessing the Risk

a c c o rd ing to the specific circumstances and the nature of the risk. A well tried and successful method of dealing with the issue is to have all non-English speakers working together in relatively small manageable gangs and a working ganger or supervisor with each gang who can act as their interpreter. This ganger or supervisor must to stay with the gang at all times in order to deliver inductions, briefings, routine instructions and generally act as their liaison with the rest of the site team. Under certain conditions the interpre t e r may even have a wider role in assisting with transport and accommodation arrangements. This 'gang interpreter' a p p roach should be discussed with sub-contractors at an early stage and included within the contract conditions; if necessary a maximum gang size per translator can be specified in the contract eg to ensure there is adequate s u p p o rt for non-English speaking employees you will need to p rovide at least one English speaking supervisor for every five non-English speaking employees employed on site. Details should also be contained within the Site Health and Safety Plan. You must consider your arrangements if the 'gang interpreter' is not available for any re a s o n . In some instances, particularly for lower risk activities, the company may have other employees who speak both English and the first language of the non-English speaking employees. They can there f o re arrange for these workers to work together in order that they can act as translators. W h e re there is a relatively high density of a particular ethnic g roup in an area, there may be some external translator assistance available from local community gro u p s . For instances where lower risk activities are being carr i e d out it may only be necessary for method statements and risk assessments to be translated into the appropriate language and issued to the nominated workforce - assuming that they can read. Just as there are British people who cannot re a d English, there are many non-British people who cannot re a d their own language. Other measures that can assist in the safe integration of non-English speakers into the working environment include: - Not allowing lone working or allocating safety critical ro l e s to non-English speakers - The allocation of low risk work and/or areas for nonEnglish speakers - Ensuring the maximum use of internationally recognised pictorial warning signs within the workplace - Providing a greater degree of training and allowing additional training time. - Providing a greater degree of supervision - Using external translator services where the provision of written information is considered essential * - Considering English language courses for longer- t e rm workers Whatever methods are chosen, it is vital that their effectiveness is closely monitored. Simple observation of their working practices should indicate whether the requisite messages have been received and understood by the nonEnglish speakers and any deficiencies must be acted upon immediately.

Having identified and assessed the health and safety h a z a rds, the next stage is for the employer to consider reasonable means of reducing the risk. These will vary

Reducing the Risk

Once the employer has identified the risk and considere d reasonable means of reducing it, if there is still a real health and safety risk, then it may be acceptable to refuse to employ non-English speaking personnel for particular jobs. Any blanket ban on non-English speaking employees is, however, still likely to be in breach of current race regulations legislation.

In Summary

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Information sources C I T B - C o n s t ru ctionSkills induction booklets in 10 diff e rent languages www.citb-constructionskills.co.uk HSE/TUC Your health, your safety: A guide for workers in 19 diff e rent languages www.tuc.org.uk

If you register with the Languages NTO at www. l a n g u a g e s n t o . o rg . uk you can find a translator via the Business Language Information Service (BLIS). Current information on the HSE website at www.hse.gov.uk Current information on the Major Contractors Group website www.mcg.org.uk

REFERENCES
Management of Health and Safety at Work Regulations 1999 C o n s t ruction (Design and Management) Regulations 1994 Risk Assessment in Construction Constructiion Industry Publications HSE leaflets: IND(G) 69 Violence to staff IND(G)132 5 steps to successful health and safety management IND(G)163 5 steps to risk assessment IND(G)213 5 steps to information, instruction and training: meeting risk assessment re q u i re m e n t s IND(G)218 Guide to risk assessment re q u i re m e n t s : common provisions in health and safety law IND(G)382 Driving at Work: Managing Work-related Road Safety HSE booklets: L21: Management of health and safety at work (Regulations and Approved Code of Practice) HS(G)122: New and expectant mothers at work: a guide for employers HS(G)151: P rotecting the Public Your Next Move HS(G)165: Young people at work: a guide for employers HS(G)183: 5 Steps to Risk Assessment case studies HSE Books: Fire Safety An employers guide (ISBN 0 11 341229 0) HSE - INDG 382 - Driving at Work - Managing WorkRelated Road Safety R e s e a rchReport RR018 Management of Work-Related Road Safety The Highway Code - HMSO RoSPA - Managing Occupational Road Risk: The RospA Guide - Driving for Work: Safer Journey Planner - Driving for Work: Mobile Phones - Driving for Work: Safer Speeds Policy - Various Road Safety Factsheets All available free of charge from www.rospa.co.uk

HSE videos C o n s t ruction Industry Publications Ltd. Tel: 0870 078 4400
Escaping the Maze of Health and Safety Inform a t i o n Kids on Site Game Over (for childre n ) All of the above reference material is available from: Construction Industry Publications Ltd., 17 Gatelodge Close, Round Spinney, Northampton NN3 8RJ Tel: 0870 078 4400 Fax: 0870 078 4401 e-mail sales@cip-books.com
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