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Health and Safety

We're Here to Make Our Industry Safer.

There is no doubt that construction is one of the most dangerous industries in the UK. Every year dozens of people die on site, several thousands get injured or develop work-related health problems. This is why improving health and safety on construction sites plays a key role in UCATT's daily work and ongoing campaigns. We want employers to comply with the existing health and safety regulations, and we want workers to know their rights. Every worker also needs to have a good grasp of major workplace dangers so they can contribute to a better protection.

In the section Key Health and Safety Issues you find information about major health and safety issues such as:

  • information on workplace hazards
  • guidance on what each worker can do to prevent injuries and work-related ill health
  • legal developments and
  • information on and for safety reps.

You can also download the bi-monthly Health and Safety News bulletins which provide updates about ongoing developments and events.
Print

Friday, 01 August 2008

Health and Safety Law

Health and Safety at Work Act 1974

The most important piece of legislation covering occupational health and safety in the workplace is the Health and Safety at Work Act 1974 (HSW 1974). It is designed to ensure that all workers in all sectors are covered by health and safety legislation. It specifies the general duties placed on employers, employees, trainees, self-employed, manufacturers, suppliers, designers and importers of work equipment.

Section 2 of the Act places a general duty on employers to ensure the safety, health and welfare of their employees.

In particular they must:

·     Provide and maintain plant and systems at work so that they are safe and without risks to health.

·     Make arrangements for ensuring the safe use, handling, storage, and transport of articles and substances.

·     Provide health and safety information, instruction, training and supervision.

·     Maintain the place of work (where in the employers control) so that it, and access to and exit from it, are safe and without risk to health.

·     Provide and maintain a safe working environment and adequate welfare facilities.

·     Any employer who employs more than 5 people is required to prepare and keep an up-to-date written statement of health and safety policy and to bring the statement to the attention of employees.

·     The Act sets out regulations as to the appointment of trade union safety representatives of recognised trade unions. There is a duty to consult safety reps on health and safety and to establish a safety committee when asked by at least two safety reps.

Construction (Design and Management) Regulations 2007 (CDM 2007) 

Until April 2007, two regulations –the Construction (Design and Management) Regulations 1994 (CDM 1994) and the Construction (Health, Safety and Welfare) Regulations 1996 (CHSW) used to update HSW 1974. On 6 April 2007, both these regulations have been revoked through the introduction of the new construction health and safety regulations - called Construction (Design and Management) Regulations 2007 (CDM 2007).

CDM 2007 is an essential piece of regulation everybody in the construction sector should be aware of. The regulations are made under the Health and Safety at Work Act 1974, and aim to make health and safety an integral part of all phases of a construction project. CDM 2007 are legally binding requirements and apply to all construction projects in Great Britain including those that were already in progress in April 2007.

The regulations set out the requirements for six groups of duty holders covered by the regulations: workers, principal contractors, clients, CDM-coordinators, designers and contractors. Below you find a (non-exhaustive) list of key requirements for the groups.

Workers (which includes managers and supervisors) have the duty to co-operate and to co-ordinate with others.

  • Workers should provide input on risk assessment, be vigilant for hazards and risks and keep the management informed about them. They also need to know about procedures to follow in dangerous situations.
  • Workers have to treat tools and personal protective equipment and use welfare facilities with respect. 
  • CDM 2007 also encourages better worker engagement, since involving the workforce in identifying and controlling risks is an effective means for the prevention of accidents.
  • The CDM asks principal contractors to make and maintain arrangements which will enable them and the workers to co-operate effectively to ensure the health, safety and welfare of the workers.
  • The principal contractors should not only give information to workers but also listen and take account of their opinion before making health and safety decisions. Principal contractors should develop different methods of communication and consultation with the workforce. In the event of workers raising concerns, these should be taken into account and feedback should be provided.
  • Both for notifiable and non-notifiable projects, contractors have to  inform workers of the procedures for stopping work in the event of serious and imminent danger, and to provide training where necessary. This aims to enable workers to intervene in preventing accidents.
Other groups of duty holders  

Principal contractors are the main duty holder for managing health and safety in the construction phase, and they have to guarantee that hazards are identified and risks are controlled. The principal contractor has to liaise with all other duty holders, which includes consultation with the workforce. Consulting the workforce means not only giving information to workers, but also taking into account their opinion before making health and safety decisions.

Clients have been endowed with a higher profile in CDM 2007, making them accountable for the consequences of their approach on the health and safety of those working on or affected by the project. They need to ensure that arrangements are in place so that CDM duty holders comply with their requirements. For notifiable projects (i.e. projects involving more than 30 working days or 500 person days) clients must appoint a CDM co-ordinator and a principal contractor.

CDM 2007 has created the new role of CDM co-ordinator. It replaces the role of the planning supervisor and is endowed with a wider scope. The task of the CDM co-ordinators is to advise the clients in matters of construction health and safety that are needed to fulfil the requirements of CDM 2007.

CDM 2007 demands that designers do not design projects that cannot be constructed, used or maintained in reasonable safety and with in-depth consideration of health and safety. Designers should not start work until their client is aware of their duties under the CDM regulations.

Contractors (and their employees) and the self-employed are those who do the actual work and are most exposed to the risk of injury and ill health. They therefore have a key role in making sure that risks are identified and properly controlled. Some of their duties include to plan, manage and monitor their own work and that of their workers; ensure there are adequate welfare facilities for the workers and keep the workers informed. Contractors can also have duties as designers when they design elements of their work (e.g. curtain walling).

More details are contained in the Industry guidance for workers document which you can download at the ConstructionSkills website. The guidance documents for the other dutyholders as well as more information are also available from that website. If you want to know more about the CDM 2007 you can also explore the HSE website.

Approved Code of Practice (ACoP) and Guidance

The Approved Code of Practice (ACoP) Managing health and safety in construction. Construction (Design and Management) Regulations 2007 helps duty holders ensure they follow the CDM 2007. Following the guidance given in the ACoP ensures that the duty holder comply with the minimum accepted standards. The ACoP also includes a copy of the original CDM 2007 regulations. Copies are available from the HSE bookshop and Tel. 01787 881165 (L144, £15).

Corporate Manslaughter and Corporate Homicide Act 2007

In April 2008 the Corporate Manslaughter and Corporate Homicide Act 2007 came into effect. The Act enables companies to be prosecuted for manslaughter because of management failures. However, the Act does not provide for individual directors and senior managers to be prosecuted and jailed if found guilty of breaches to health and safety. UCATT continues to campaign for the legislation to include these provisions.

Other important Regulations 

Other important regulations in (chronological order) are:

·       Safety Representatives and Safety Committees Regulations 1977

·       Electricity at Work Regulations 1989

·       Manual Handling Operations Regulations 1992 (as amended)

·       Workplace Health, Safety and Welfare Regulations 1992 (as amended)

·       Personal Protective Equipment at Work Regulations 1992 (as amended)

·       Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995

·       Construction (Health Safety and Welfare) Regulations 1996: Now included in CDM 2007

·       Working Time Regulations 1998 (as amended)

·       Control of Substances Hazardous to Health (COSHH) 2002 (as amended)

·       Work at Heights Regulations 2005 (as amended)

·       Control of Noise at Work Regulations 2005

·       Control of Asbestos Regulations 2006