Management of Health and Safety at Work Regulations 1999

Publication Date:January 01, 1999

1999No. 3242

HEALTH AND SAFETY

The Management of Health and Safety at Work Regulations 1999

3rdDecember1999

8thDecember1999

29thDecember1999

ARRANGEMENT OF REGULATIONS

1.

Citation, commencement and interpretation.

2.

Disapplication of these Regulations.

3.

Risk assessment.

4.

Principles of prevention to be applied.

5.

Health and safety arrangements.

6.

Health surveillance.

7.

Health and safety assistance.

8.

Procedures for serious and imminent danger and for danger areas.

9.

Contacts with external services.

10.

Information for employees.

11.

Co-operation and co-ordination.

12.

Persons working in host employers' or self-employed persons' undertakings.

13.

Capabilities and training.

14.

Employees' duties.

15.

Temporary workers.

16.

Risk assessment in respect of new or expectant mothers.

17.

Certificate from a registered medical practitioner in respect of new or expectant mothers.

18.

Notification by new or expectant mothers.

19.

Protection of young persons.

20.

Exemption certificates.

21.

Provisions as to liability.

22.

Exclusion of civil liability.

23.

Extension outside Great Britain.

24.

Amendment of the Health and Safety (First-Aid) Regulations 1981.

25.

Amendment of the Offshore Installations and Pipeline Works (First-Aid) Regulations 1989.

26.

Amendment of the Mines Miscellaneous Health and Safety Provisions Regulations 1995.

27.

Amendment of the Construction (Health, Safety and Welfare) Regulations 1996.

28.

Regulations to have effect as health and safety regulations.

29.

Revocations and consequential amendments.

30.

Transitional provision.

Schedule 1.

General principles of prevention.

Schedule 2.

Consequential amendments.

(a) for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the Commission of consultations in accordance with section 50(3) of that Act; and

(b) it appearing to him that the modifications to the Regulations marked with an asterisk in Schedule 2 are expedient and that it also appearing to him not to be appropriate to consult bodies in respect of such modifications in accordance with section 80(4) of the 1974 Act,

The Secretary of State, being a Minister designated( 1) for the purposes of section 2(2) of the European Communities Act 1972( 2) in relation to measures relating to employers' obligations in respect of the health and safety of workers and in relation to measures relating to the minimum health and safety requirements for the workplace that relate to fire safety and in exercise of the powers conferred on him by the said section 2 and by sections 15(1), (2), (3)(a), (5), and (9), 47(2), 52(2), and (3), 80(1) and 82(3)(a) of and paragraphs 6(1), 7, 8(1), 10, 14, 15, and 16 of Schedule 3 to, the Health and Safety at Work etc. Act 1974( 3) ("the 1974 Act") and of all other powers enabling him in that behalf -

(a) for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the Commission of consultations in accordance with section 50(3) of that Act; and

(b) it appearing to him that the modifications to the Regulations marked with an asterisk in Schedule 2 are expedient and that it also appearing to him not to be appropriate to consult bodies in respect of such modifications in accordance with section 80(4) of the 1974 Act,

hereby makes the following Regulations:

Citation, commencement and interpretation

1. - (1) These Regulations may be cited as the Management of Health and Safety at Work Regulations 1999 and shall come into force on 29th December 1999.

(2) In these Regulations -

"the 1996 Act" means the Employment Rights Act 1996( 4);

"the assessment" means, in the case of an employer or self-employed person, the assessment made or changed by him in accordance with regulation 3;

"child" -

(a) as respects England and Wales, means a person who is not over compulsory school age, construed in accordance with section 8 of the Education Act 1996( 5); and(b) as respects Scotland, means a person who is not over school age, construed in accordance with section 31 of the Education (Scotland) Act 1980( 6);

"employment business" means a business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) which supplies persons (other than seafarers) who are employed in it to work for and under the control of other persons in any capacity;

"fixed-term contract of employment" means a contract of employment for a specific term which is fixed in advance or which can be ascertained in advance by reference to some relevant circumstance;

"given birth" means delivered a living child or, after twenty-four weeks of pregnancy, a stillborn child;

"new or expectant mother" means an employee who is pregnant; who has given birth within the previous six months; or who is breastfeeding;

"the preventive and protective measures" means the measures which have been identified by the employer or by the self-employed person in consequence of the assessment as the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997( 7);

"young person" means any person who has not attained the age of eighteen.

(3) Any reference in these Regulations to -

(a) a numbered regulation or Schedule is a reference to the regulation or Schedule in these Regulations so numbered; or(b) a numbered paragraph is a reference to the paragraph so numbered in the regulation in which the reference appears.

Disapplication of these Regulations

2. - (1) These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship's crew under the direction of the master.

(2) Regulations 3(4), (5), 10(2) and 19 shall not apply to occasional work or short-term work involving -

(a) domestic service in a private household; or(b) work regulated as not being harmful, damaging or dangerous to young people in a family undertaking.

Risk assessment

3. - (1) Every employer shall make a suitable and sufficient assessment of -

(a) the risks to the health and safety of his employees to which they are exposed whilst they are at work; and(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,

for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.

(2) Every self-employed person shall make a suitable and sufficient assessment of -

(a) the risks to his own health and safety to which he is exposed whilst he is at work; and(b) the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,

for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.

(3) Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer or self-employed person who made it if -

(a) there is reason to suspect that it is no longer valid; or(b) there has been a significant change in the matters to which it relates; and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them.

(4) An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).

(5) In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of -

(a) the inexperience, lack of awareness of risks and immaturity of young persons;(b) the fitting-out and layout of the workplace and the workstation;(c) the nature, degree and duration of exposure to physical, biological and chemical agents;(d) the form, range, and use of work equipment and the way in which it is handled;(e) the organisation of processes and activities;(f) the extent of the health and safety training provided or to be provided to young persons; and(g) risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC( 8) on the protection of young people at work.

(6) Where the employer employs five or more employees, he shall record -

(a) the significant findings of the assessment; and(b) any group of his employees identified by it as being especially at risk.

Principles of prevention to be applied

4. Where an employer implements any preventive and protective measures he shall do so on the basis of the principles specified in Schedule 1 to these Regulations.

Health and safety arrangements

5. - (1) Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

(2) Where the employer employs five or more employees, he shall record the arrangements referred to in paragraph (1).

Health surveillance

6. Every employer shall ensure that his employees are provided with such health surveillance as is appropriate having regard to the risks to their health and safety which are identified by the assessment.

Health and safety assistance

7. - (1) Every employer shall, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in...

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