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58 Cards in this Set
- Front
- Back
Common Law Duty of Care The employer has a duty of care to each of his employees. This falls into five categories |
1) A safe place of work including access and egress 2) Safe plant and equipment 3) Safe system of work 4) Safe and competent fellow employees 5) Adequate levels of supervision, information, instruction and training |
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UK Prosecuting Authorities |
1) The CPS 2) The HSE 3) Local Authorities 4) The Environment Agency 5) Fire and Rescue Service 6) The Office for Road and Rail |
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Levels of statutory duty |
1) ABSOLUTE - the employer MUST comply with the law 2) PRACTICABLE - Must comply if technically possible. Difficulty, inconvenience and cost are not taken into account 3) REASONABLY PRACTICABLE |
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Section 2 |
Duties of employers to employees |
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Section 3 |
Duties of employers to others affected by their undertaking |
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Section 4 |
Duty of person in control of premises for health and safety of non employees |
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Section 6 |
Duties of designers, manufacturers, importers, suppliers and installers |
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Section 7 |
General Duties of employees at work |
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Section 8 |
Duty to not interfere with or misuse anything provided in the interests of health, safety or welfare |
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Section 9 |
Duty of employer not to levy a charge on employees |
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Section 36 |
Offences due to the fault of another person |
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Section 37 |
Offences by a body corporate |
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Management Regs Regulation 3 |
Risk Assessment - ABSOLUTE duty |
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Management Regs Regulation 4 |
Principles of prevention to be applied ie replacing the dangerous with the non dangerous (schedule 1.f), adapting the work to the individual (schedule 1.d) and giving appropriate instruction to employees (schedule 1.i) |
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Management Regs Regulation 5 |
Health and Safety Arrangements Having conducted a risk assessment (Reg 3) and introduced risk control measures, the employer is requires to implement appropriate management controls to ensure effective plan, do, check and act |
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Management Regs Regulation 6 |
Health Surveillance Ensure employees are provided with any necessary health surveillance appropriate to risks identified |
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Management Regs Regulation 7 |
Health and Safety Assistance Appoint a competent person |
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Management Regs Regulation 8 |
Procedures for serious and imminent danger and for danger areas Have emergency plans in place and ensure sufficient training and people to implement them |
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Regulation 9 |
Contacts with external services |
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Management regs Regulation 10 |
Information for employees Provide relevant, comprehensible information regarding risks, preventive and protective measures, procedures for serious and imminent danger and any risks created by other employers sharing the workplace |
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Management regs Regulation 11 |
Co-operation and co-ordination Co-operate with other employers sharing the space. |
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Management regs Regulation 12 |
Persons working in host employers or self employed persons undertakings Provide third parties (ie contractors) with information on risks and control measures |
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Management regs Regulation 13 |
Capabilities and training Provide adequate training |
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Management regs Regulation 14 |
Employees duties Required to report h&s issues |
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Management regs Regulation 15 |
Temporary workers If on fixed term contract then entitled to same as full employees |
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Management regs Regulation 16 |
Risk assessment in respect of new or expectant mothers |
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Management regs Regulation 17 |
Certificate from registered medical practitioner in respect of new or expectant mothers |
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Management regs Regulation 18 |
Notification by new or expectant mothers |
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Management regs Regulation 19 |
Protection of young persons |
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Management Regs Regulation 20 |
Exemption certificates MOD may be exempt from management regs if stated by sec of state for defence. Cannot be exempt from 16-18 (new or expectant mothers) |
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Management regs Regulation 21 |
Provisions as to liability |
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Management regs Regulation 22 |
Restriction of civil liability for a breach of statutory duty |
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Labour only contract |
Where an agency provides staff to work under the employers direct control the contractor should be treated as an employee |
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Fixed price contract |
Most common type of contract |
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Separate site |
If contracted work can be completely separated by secure fencing then the contractor is responsible for H&S. Client may still have responsibilities for hazards that cannot be separated such as noise
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Management of contractors |
Five steps 1) Planning 2) Choosing a contractor 3) Contractors working on site 4) Keeping a check 5) Reviewing the work |
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Planning |
1) Define the job 2) Risk management 3) Specify conditions |
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Choosing a contractor |
Take reasonable steps to satisfy yourself that the contractor is competent to do the job safely and without risks to health and safety ie a pre tender questionnaire (PTQ) |
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Contractors working on site |
Specific arrangements will be required to: 1) Management movement through sign in controls and permits to work 2) Ensure all technical and management controls are in place before allowing work to begin |
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Contractors working on site |
Arrangements also required for: 1) Information, instruction and training 2) Co-operation and co-ordination 3) Consultation 4) Management and supervision |
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Monitoring the contract |
All parties should monitor H&S performance to check that the risk assessments are current and that control measures are effective Greater the risks, more frequent the monitoring |
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Reviewing the work |
Review after completion |
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Construction (Design and Management) Regulations 2015 (CDM) |
Main Requirements - all projects must have 1) Workers with the right skills, knowledge, training and experience 2) Contractors providing appropriate supervision, instruction and information 3) A written construction phase plan |
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Construction (Design and Management) Regulations 2015 (CDM)
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Main Requirements - projects where more than one contractor is involved must have 1) All of section 1 2) Principal designer and principal contractor 3) Needs a health and safety file |
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Construction (Design and Management) Regulations 2015 (CDM)
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If work is scheduled to last longer than 30 working days and have more than 20 workers working simultaneously at any point in the project, or exceeds 500 person days then all of sections 1 and 2 apply and the client must notify the project to the HSE |
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CDM regulations allocate specific duties to seven parties |
1) Clients 2) Domestic Clients 3) Designers 4) Principal Designers 5) Principal Contractors 6) Contractors 7) Workers |
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Clients key duties |
Make suitable arrangements for managing a project. This includes making sure: 1) Other duty holders are appointed 2) Sufficient time and resources are allocated 3) Relevant information is prepared and provided to other duty holders 4) The principal contractor and principal designer carry out their duties 5) Welfare facilities are provided |
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Domestic clients key duties |
Domestic clients are in the scope of CDM 2015 but their duties as a client are normally transferred to: 1) the contractor on a single contractor project 2) the principal contractor on a project involving more than one contractor However the domestic client can choose to have written agreement with the principal designer to carry out the client duties |
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Designers key duties |
When preparing or modifying designs, to eliminate, reduce or control forseeable risks that may arise during construction and the maintenance and use of the building once it is built. Must also provide information to other members of the project team to help them fulfil their duties |
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Principal Designers Key duties |
Plan, monitor and coordinate health and safety in the pre construction phase of a project. This includes identifying, eliminating and controlling foreseeable risks and ensuring that designers carry out their duties. Prepare and provide relevant information to other duty holders. Provide relevant information to the principal contractior |
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Principal Contractors |
Plan, manage, monitor and coordinate health and safety in the construction phase. This includes, liasing with the client and principal designer, preparing the construction phase plan, organise cooperation between contractors and coordinate their work. Ensure that site inductions are provided, reasonable steps are taken to prevent unauthorised access, consult workers and provide welfare facilities |
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Contractors |
Plan, manage and monitor construction work so that it is carried out without risks to health and safety Where projects involve more than one contractor, coordinate their activities For single contractor projects, prepare a construction phase plan |
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Workers |
They must 1) Be consulted about matters which affect their health and safety 2) Take care of their own health and safety and others who may be affected by their actions 3) Report anything which is likely to endanger peoples health and safety 4) Cooperate with their employer, workers, contractors and other duty holders |
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Construction Phase Plan |
Must outline 1) The H&S arrangements for managing significant risks associated with construction phase of the project 2) The site rules 3) Any specific measures concerning any work involving particular risks |
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Work involving particular risks (Schedule 3 of the CDM 2015) |
1) Work which puts workers at risk of burial under earth falls, engulfment in swampland or falls from height 2) Work which puts workers at risk from chemical or biological substances 3) Work with ionising radiation 4) Work near high voltage power lines 5) Work exposing workers to the risk of drowning |
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Work involving particular risks(Schedule 3 of the CDM 2015)
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6) Work on wells, underground, earthworks and tunnels 7) Work carried out by divers having a system of air supply 8) Works carried out by workers in caissons with a compressed air atmosphere 9) Work involving the use of explosives 10) Work involving the assembly or dismantling of heavy prefabricated components |
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List of topics to be considered when drawing up the plan |
Description of the project with key dates and key details Health and safety aims Site rules Arrangements to ensure cooperation between workers Arrangements for involving workers Site induction, welfare facilities, fire and emergency procedures |
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Health and Safety File |
1) Description of work 2) Hazards that have not been eliminated 3) Key structural principles 4) Hazardous materials 5) Removal and dismantling of installed plant and equipment 6) H&S info for cleaning and maintaining structure 7) Nature, location and markings of significant services 8) Information and drawings about building, plant and equipments |