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'Management of Health and Safety at Work Regulations 1999' - requirements, recent cases and step-by-step help

Management of Health and Safety at Work Regulations 1999' - requirements, recent cases and step-by-step help

 

All businesses have legal responsibilities under the Management of Health and Safety at Work Regulations 1999 (MHSWR) and senior management teams need to play a key role in how businesses translate those duties into practical control measures tailored specifically to their own business’s needs.

This article sets out the key requirements of the legislation, describes some recent case law examples where businesses have fallen foul of the law and advises on a step-by-step process that managers can follow to help keep employees safe in their workplace.

Bearing in mind the nature of the business and its size, the MHSWR require organisations to put in place arrangements for the planning, management, control, monitoring and review of preventive and protective health and safety measures. The terms “practicable” or “reasonably practicable” often used in health and safety management are not referred to in the MHSWR, which mean that actions must be done.

Risk assessment

The most significant of these actions is the obligation to make a suitable and sufficient risk assessment of the risks to the health and safety of employees while at work by identifying where risks exist and putting in place preventive or protective control measures necessary to manage the risks.
A suitable and sufficient risk assessment does the following.

  • Correctly identifies any significant and foreseeable risk.
  • Helps assessors decide what action needs to be taken and what priorities should be.
  • Is appropriate for the type of work activity.
  • Remains valid for a reasonable time.
  • Reflects what employers might be expected to know about the risks associated with their business.

For businesses with five or more employees, the key findings of the assessment must be recorded in writing – this can be held electronically – and should include details of any group of employees found to be particularly at risk, such as young  or pregnant people.

Preventive and protective measures must follow a prescribed hierarchy:

 

 

 

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