Health_and_Safety

Lo1. Define the main health, safety and welfare legislation in construction and the implications of non compliance. a) Specify the legal responsibilities of the parties involved in the construction of the multi storey office building. The following shows the parties involved in the construction of the multi storey office building and I have stated their legal responsibilities as it is on www.hse.gov.uk. CLIENTS: • Construction risk can be carried out without risk to health and safety; • Welfare arrangements are in place before work begins; • Any structure designed for use as a workplace complies with the Workplace Regulations; • Sufficient time and resources are allocated to achieve these duties and • To indicate to contractors and designers how much time is available for planning and preparation before work starts. CDM COORDINATOR: • The coordinator's main role is to advise and assist the client in discharging their duties, and notably to advise on the competence of appointees and the adequacy of other duty holders' arrangements for controlling risks during the project. Empowered through the client's contractual arrangements, and having the ear of the client, a competent coordinator will have a pivotal advisory role throughout a CDM project. PRINCIPLE CONTRACTOR: • Plan, manage and monitor construction phase in liaison with contractor • Prepare, develop and implement a written plan and site rules (Initial plan completed before the construction phase begins) • Give contractors relevant parts of the plan • Make sure suitable welfare facilities are provided from the start and maintained throughout the construction phase • Check competence of all appointees • Ensure all workers have site inductions and any further information and training needed for the work • Consult with the workers • Liaise with CDM co-ordinator regarding ongoing design • Secure the site DESIGNERS: • Eliminate hazards and risks during design • Provide information about remaining risks • Check that the client is aware of their duties and that a CDM co-ordinator has been appointed • Provide information needed for the health and safety file CONTRACTORS: • Plan, manage and monitor their own work and that of their workers • Check the competence of all their appointees and workers • Train their own employees • Provide information to their workers • Ensure that there are adequate welfare facilities for their workers • Check that the client is aware of their duties, check that a CDM co-ordinator has been appointed and ensure that HSE has been notified before the work starts • Co-operate with the principal contractor in planning and managing work, including reasonable directions and site rules • Provide details to the principal contractor of any contractor engaged in connection with carrying out work • Provide any information needed for the health and safety file • Inform the principal contractor of any problems with the plan • Inform the principal contractor of reportable accidents, diseases and dangerous occurrences WORKERS: • Ensuring you only carry out construction work you are competent to do. • Reporting obvious risks. • Co-operating with others and co-ordinate work so as to ensure your own health and safety and others who may be affected by the work. • Following site health and safety rules and procedures www.hse.gov b) Summarise and explain the main provisions of managing health and safety in construction- construction (design and management) Regulations 2007, i.e. CDM2007 regulations. Further emphasis has been placed upon health and safety in the CDM Regulations 2007 and it has put specific legal responsibilities on every individual on site. The purpose of this is to simplify and make clear the duties of those involved. On the 6th April 2007 is when the CDM 2007 regulations came into law, with the new legislation focusing on: • Effective planning and managing risk • Developed Health and Safety Knowledge and awareness • Appointed positions for jobs to reduce and manage risk on site • Improved clarity and simplified regulations www.citation.co.uk/health-and-safety/contraction-design-and-management-guidelines www.mb-hs.com/cdm-regulations www.scottish-building.co.uk/UserFiles/File/HSE CDM PRESENTATION c) Evaluate the penalties of non compliance with the health and safety at work 1974. Penalties for health and safety offences The Health and Safety at Work etc Act 1974 (the HSW Act), section 33 (as amended) sets out the offences and maximum penalties under health and safety legislation. Failing to comply with an improvement or prohibition notice, or a court remedy order (issued under the HSW Act sections 21, 22 and 42 respectively): Lower court maximum £20 000 and/or 12 months’ imprisonment* Higher court maximum Unlimited fine and/or 2 years’ imprisonment Breach of sections 2–6 of the HSW Act, which set out the general duties of employers, self-employed persons, persons who have control of premises, employees, manufacturers and suppliers to safeguard the health and safety of employees and members of the public who may be affected by work activities: Lower court maximum £20 000 and/or 12 months’ imprisonment* Higher court maximum Unlimited fine and/or 2 years’ imprisonment Most other breaches of the HSW Act,† contravening licence requirements and breaches of all health and safety regulations under the Act. Regulations impose both general and more specific duties, such as the requirements to carry out a suitable and sufficient risk assessment or to provide suitable personal protective equipment. Licensing requirements apply to high hazard activities such as nuclear installations and asbestos stripping: Lower court maximum £20 000 and/or 12 months’ imprisonment* Higher court maximum Unlimited fine and/or 2 years’ imprisonment * The sentencing option of 12 months applies in Scotland but will only apply in England and Wales when section 154(1) of the Criminal Justice Act 2003 is enacted. † For some offences under section 33 of the HSW Act the penalties vary. Details can be found in the explanatory note to the Health and Safety (Offences) Act 2008. Enforcement Policy Statement 11 of 12 pages Health and Safety Executive On conviction of directors for indictable offences in connection with the management of a company (all of the above, by virtue of the HSW Act sections 36 and 37), the courts may also make a disqualification order (Company Directors Disqualification Act 1986, sections 1 and 2). The courts have exercised this power following health and safety convictions. Health and safety inspectors draw this power to the court’s attention whenever appropriate. Lower court maximum 5 years’ disqualification Higher court maximum 15 years’ disqualification Penalties Following a successful prosecution, the courts will decide what penalty to impose, if any. As well as fines the courts also have the power to imprison offenders for certain health and safety breaches. To date five people have been sent to prison for health and safety offences since January 1996; none in the last four years. More detail on the maximum penalties for health and safety offences can be found at the back of the HSC Enforcement Policy Statement. HSE believes that the current general level of fines does not properly reflect the seriousness of health and safety offences. However, it is up to the courts to decide appropriate fines. /10, there were 9734 enforcement notices issued by HSE, compared to 8079 in 2008/09. In addition, the Office of Rail Regulation (ORR) issued 36 and 37 notices respectively for those years. In 2009/10 local authorities issued 6110 notices, compared to 6340 in 2008/09. This gives a total of 15,881 enforcement notices issued by all enforcing authorities in 2009/10. http://www.hse.gov.uk/statistics/enforce/index.htm d) Specify responsibilities for providing welfare facilities on site. WELFARE FACILITIES Sanitary conveniences 1. Suitable and sufficient sanitary conveniences shall be provided or made available at readily accessible places. So far as is reasonably practicable, rooms containing sanitary conveniences shall be adequately ventilated and lit. 2. So far as is reasonably practicable, sanitary conveniences and the rooms containing them shall be kept in a clean and orderly condition. 3. Separate rooms containing sanitary conveniences shall be provided for men and women, except where and so far as each convenience is in a separate room, the door of which is capable of being secured from the inside. Washing facilities 4. Suitable and sufficient washing facilities, including showers if required by the nature of the work or for health reasons, shall so far as is reasonably practicable be provided or made available at readily accessible places. (a)in the immediate vicinity of every sanitary convenience, whether or not provided elsewhere; and (b)in the vicinity of any changing rooms required by paragraph 14 whether or not provided elsewhere. 6. Washing facilities shall include— (a)a supply of clean hot and cold, or warm, water (which shall be running water so far as is reasonably practicable); (b)soap or other suitable means of cleaning; and (c)towels or other suitable means of drying. 7. Rooms containing washing facilities shall be sufficiently ventilated and lit. 8. Washing facilities and the rooms containing them shall be kept in a clean and orderly condition. 9. Subject to paragraph 10 below, separate washing facilities shall be provided for men and women, except where and so far as they are provided in a room the door of which is capable of being secured from inside and the facilities in each such room are intended to be used by only one person at a time. 10. Paragraph 9 above shall not apply to facilities which are provided for washing hands, forearms and face only. Drinking water 11. An adequate supply of wholesome drinking water shall be provided or made available at readily accessible and suitable places. 12. Every supply of drinking water shall be conspicuously marked by an appropriate sign where necessary for reasons of health and safety. 13. Where a supply of drinking water is provided, there shall also be provided a sufficient number of suitable cups or other drinking vessels unless the supply of drinking water is in a jet from which persons can drink easily. Changing rooms and lockers 14.(1) Suitable and sufficient changing rooms shall be provided or made available at readily accessible places if: (a)a worker has to wear special clothing for the purposes of his work; and (b)he cannot, for reasons of health or propriety, be expected to change elsewhere, being separate rooms for, or separate use of rooms by, men and women where necessary for reasons of propriety. (2) Changing rooms shall (a)be provided with seating; and (b)include, where necessary, facilities to enable a person to dry any such special clothing and his own clothing and personal effects. (3) Suitable and sufficient facilities shall, where necessary, be provided or made available at readily accessible places to enable persons to lock away— (a)any such special clothing which is not taken home; (b)their own clothing which is not worn during working hours; and (c)their personal effects. Facilities for rest 15.(1) Suitable and sufficient rest rooms or rest areas shall be provided or made available at readily accessible places. (2) Rest rooms and rest areas shall (a)include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke; (b)be equipped with an adequate number of tables and adequate seating with backs for the number of persons at work likely to use them at any one time; (c)where necessary, include suitable facilities for any person at work who is a pregnant woman or nursing mother to rest lying down; (d)include suitable arrangements to ensure that meals can be prepared and eaten; (e)include the means for boiling water; and (f)be maintained at an appropriate temperature.