BTEC LEVEL 3 SUBSIDIARY DIPLOMA IN ENGINEERING

UNIT ONE: HEALTH & SAFETY

ASSIGNMENT 1:
LEGISLATION IN THE
WORKPLACE
Sources

Blue Square Safety Ltd. (2012). Retrieved February 17, 2017, from

Free Index:

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 http://www.freeindex.co.uk/media/listingpics/413/256/Health_a

nd_Safety.gif

Health & Safety Executive. (1992). Display Screen Equipment

Regulations (DSE) 1992. Retrieved February 18, 2017, from

HSE: http://www.hse.gov.uk/msd/dse/

Health & Safety Executive. (2002). What is a ‘substance hazardous

to health'? - COSHH. Retrieved February 18, 2017, from HSE:

http://www.hse.gov.uk/coshh/basics/substance.htm

Health & Safety Executive. (2006, April 6). Noise at work.

Retrieved February 18, 2017, from HSE:

http://www.hse.gov.uk/noise/regulations.htm

Health & Safety Executive. (2008, August). Health and Safety

Regulation. Retrieved February 18, 2017, from The Health and

Safety Commission (HSC):

http://www.hse.gov.uk/pubns/hsc13.pdf

Health & Safety Executive. (2014, January 1). Waste Electrical and

Electronic Equipment recycling (WEEE). Retrieved February 18,

3
 2017, from HSE: http://www.hse.gov.uk/waste/waste-

electrical.htm

Health & Safety Executive, Parliament. (1974, July 31). Health and

Safety at Work etc. Act 1974. Retrieved February 18, 2017,

from Legislation:

http://www.legislation.gov.uk/ukpga/1974/37/contents

Task One

PART ONE - LEGISLATION

The Health and Safety at Work Act (1974) is the main piece of

legislation in UK law regarding Health and Safety. It puts the

employers in a position of responsibility towards their workers, and

requires them to;

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 Ensure all plant and systems to be correctly maintained to

ensure that they are safe, and have no risk to an individual’s

health.

Ensure that workers are safe when transporting or lifting

materials or substances.

Ensure that all places within work are safe and well maintained.

There are similar duties for employers and the self-employed

regarding contractors, visitors and anyone else who might enter the

workplace.

It also contains guidance regarding emissions and how part of the

employers’ duties concerns the sensible disposal or treatment of

noxious or otherwise offensive emissions that may be produced. This

is particularly relevant to Engineering Workplaces where dust can

cause respiratory issues.

The Waste Electrical and Electronic Equipment recycling (WEEE) of

2014 concerns the disposal and recycling of electronic equipment.

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From 2006 – 2013 it was a HSE Regulation, but became law in

2014.

It details the requirements for the recovery, reuse, recycling and

treatment of electronic equipment and who is responsible for this. It

also categorises what is defined under WEEE. Below are some

examples of what is classified under WEEE;

Lighting equipment e.g. straight and compact fluorescent tubes

and high intensity discharge lamps

Electrical and electronic tools – e.g. drills, saws and sewing

machines, electric lawnmowers

Monitoring and control equipment e g. smoke

detectors, thermostats and heating regulators

The regulations were brought in as over 2 million tonnes of electronic

waste is disposed of by individuals and companies every year. Also,

much of this waste is made up from materials considered hazardous

to health, which could coincidentally cause problems if not dealt with

effectively, such as mercury found in fluorescent tube lighting.

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REGULATIONS

The Control of Substances Hazardous to Health (COSHH) Regulations

of 2002 concerns the way in which companies protect their workers

from substances that are considered to be hazardous to health.

Substances hazardous to health is defined as any;

chemicals

products containing chemicals

fumes

dusts

vapours

mists

nanotechnology

gases and asphyxiating gases and

biological agents (germs). If the packaging has

any of the hazard symbols then it is classed as

a hazardous substance.

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 germs that cause diseases such as leptospirosis

or legionnaires disease and germs used in

laboratories.1

It is the responsibility of the business to look into ways in which

these substances can be controlled and limit the exposure to workers.

To do this, businesses not only need to identify hazardous

substances, they need to risk assess them, from which they can

determine appropriate control measures, provide training to staff,

ensure the chemicals are used correctly, monitor employee’s health

(if required due to serious risk) and also make adequate provisions

for emergencies.

RIDDOR is one of the newest regulations enforced by HSE. It places

duties on the self-employed and people in control of work premises

to report accidents defined as serious, diseases caused by a person’s

work or ‘specified dangerous occurrences’ such as near misses.

1
List taken directly from HSE.gov.uk ‘What is a ‘substance hazardous to health'?’ (See Sources
List for full citation)

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RIDDOR reportable incidents are very specific. The injury obtained

must’ve been obtained as part of an accident, the accident must

have been work related, and the injury must be categorised as

reportable.

HSE goes into lots of detail describing what an accident is defined as.

In short, they say that it must be;

‘a separate, identifiable, unintended incident, which causes physical

injury. This specifically includes acts of non-consensual violence to

people at work’.

HSE defines work-related accidents as any accident that has a

connection with the work itself, as a result of;

- The way in which the work was carried out

- Any machinery, plant, substance or equipment used for the

work

- Or;

- The condition of the site or premises where the accident

happened

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The following injuries are RIDDOR reportable;

- A person’s death (whether they be an employee, visitor or

any other person)

- Specifically defined injuries to workers

- Injuries to workers that prevent them being able to work for

more than 7 days (including weekends and holidays)

- Injuries to non-workers which means they are taken directly

to Hospital for treatment.

The Noise at Work Regulations of 2005 came into force on 6th April

2006 to protect workers’ hearing from excessive noise in the

workplace. Thus, preventing loss to hearing or permanent ringing

(tinnitus).

Employers are required to provide hearing protection and protection

zones at levels above 85 decibels. They must also perform a full risk

assessment and provide training if necessary for sound levels above

80 decibels.

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The maximum decibel level which employees must not be exposed to

is 87 decibels.

The Display Screen Equipment Regulations (1992) concerns the Health

& Safety of workers when using alphanumeric or graphical displays.
Whether this be in the conventional sense (use of desktop monitors,
etc.) or in newer technologies such as laptops, touch screen phones
or tablets.

Neck, shoulder, back and arm pain as well as eye strain are all
associated with the use of computer workstations. The DSE
Regulations are designed to protect workers who are at risk of the
issues as a result of the use of Display Screen Equipment.

It outlines guidance for employers on how they can set up computer

workstations and advises to take regular breaks to ensure that
working with DSE can be more ‘comfortable and productive’2

How are these examples relevant to the Engineering

Workplace?

The Health & Safety at Work Act etc is relevant to the engineering

workplace as it outlines the overall duties of the employer (in this

2
Quote from HSE – Display Screen Equipment (see sources list for full citation)

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case the Principal of the UTC). This includes the maintenance of the

equipment and machinery in the workshop, and also to ensure that

all workers (whether this be staff or students) are safe when

transporting materials, which in this case they may be using to

model or create a product in the workshop, or transporting

substances to clean machinery or to use on products they are

working on.

It also places the duty of ensuring that all of the places within the

workplace are safe and well maintained.

Waste Electrical and Electronic Equipment recycling (WEEE) is

relevant to the engineering workplace at the UTC as it places duty

on the whole organisation to ensure that electrical equipment used

(such as IT equipment like computers) is disposed of in the correct

way, and/or recycled as much as possible.

This is because it can be hazardous to health if stored in the

workplace incorrectly, or to people who come into contact with it

after it leaves the workplace (such as waste removers).

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The Control of Substances Hazardous to Health Regulations of 2002

(COSHH) are relevant in the UTC Workshop as engineers regularly

use substances classified as hazardous to health when working on

products.

For example, solvents such as paint or glue may be used on a

product to complete a design, but if they are not stored or

controlled effectively they may harm a person’s health.

RIDDOR is relevant to the UTC Engineering Workshop as there is a

higher risk of somebody being injured in a RIDDOR reportable

accident. This is because although a certain number of control

measures can be taken when working in the Workshop, ultimately the

risks involved when using such powerful equipment such as a bandsaw,

are still higher than those of using a standard office space or

classroom.

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This Noise at Work Regulations are particularly relevant in the

engineering industry as the typically the machinery in workshops is

very loud, and this can be amplified in smaller spaces, or when

multiple machines are in use at once, so it is important that

exposure to this is protected, either through limited exposure or

adequate protection.

Finally, The Display Screen Equipment Regulations are relevant

because many of the modern machines used in the workshop use

graphical or alphanumeric displays, and can take a while to set up for

use.

Also, with modern technologies advancing, engineers may find it more

useful to use an electronic device such as a laptop or tablet to assist

with the production of a product, as they offer more views and

guidance on how to produce certain parts of a product.

All this means that ultimately the engineers are increasing their

exposure to DSE, potentially causing hazards to the health.

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Task Two

Employers are responsible for the overall management of Health &

Safety in the Workplace. They are ultimately responsible for any

incident in the workplace that occurs due to negligence of a hazard

or failure to maintain equipment or the workplace.

The employer at MG Cannon is Robert Snook. He is the Managing

Director of the Company, which means that he is ultimately

responsible for the Health & Safety of his employees. If an incident

where to occur, he would be instrumental in an investigation into

how the incident was allowed or able to happen.

Employees are in some way also responsible for Health & Safety in

the Workplace. Although not ultimately responsible, it is everyone’s

duty to spot and report hazards, unsafe behaviour or anything else

that could in future cause a risk to a person’s health.

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 The Technicians in the Workshop are responsible for safety in

that area, as they use it the most. They must not exhibit

unsafe behaviour whilst working and ultimately ensure that the

workshop is well maintained.

The office team are responsible for the safety in the office area

as that is where they are most of the time. Although

theoretically there is less to go wrong in the office, they too

must ensure the workplace is well maintained and well-kept for

the safety of themselves and anyone else who may enter the

space, such as clients, visitors or contractors.

The drivers are responsible for the safety in the car park, and

whilst driving customer vehicles. For example, they must ensure

when moving vehicles that they are aware of their surroundings

and not block any emergency exits. They must also report any

issues with the cars when driving them so that no defects or

other things may go wrong that were either missed in an earlier

stage or have occurred as a result of the work performed.

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The Health & Safety Executive is responsible for everyone’s safety

across many workplaces. They must ensure that they thoroughly

investigate any negligence or malpractice by employers to ensure that

it cannot happen again.

They may try to prevent a repeat of this incident by bringing in

new legislation and/or regulation for all workplaces if they feel that

it is highly likely to happen again somewhere else, and depending on

the specific nature of the incident, they may close the workplace in

which it happened or force them to change the way in which they

work in order to keep operating.

A Health & Safety Officer may be employed by HSE to investigate

and audit employers after an incident occurs or, they may be

employed by a company such as MG Cannon to manage and

coordinate Health & Safety in a business.

MG Cannon employ a Health & Safety Officer to manage health and

safety in their business as they now operate at multiple sites, and it

is easier for them to employ one person full time to manage it as it

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is too much work for any of the other managers or employees to do

whilst doing their own job.

The officer must be proficient and knowledgeable on legislation &

regulation that is relevant to the business, they must create risk

assessments for each of the workshops, manage maintenance on

machinery, and ensure that workers receive training relevant to their

job and the equipment they use daily in order to do their job. They

must also have plans if an incident were to occur, and know the

best, safest methods of working.

Directors are responsible for dealing with Health & Safety breaches in

the business. They must continually liaise with the employees and

middle management to ensure that employees are as safe as possible

when under their employment. This includes ensuring that the best

methods are always used, even if it means spending more money.

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At MG Cannon, each Director is also responsible for their own team.

For example, there is one Director in charge of the Paintwork team,

one in charge of the Office team and one in charge of Panel Team.

This allows them to form closer connections with employees and

understand the risks that may be involved in their jobs.

Managers have more responsibility towards employees than Directors

do, as they are most likely to be the first port of call for employees

to express any concerns they have or report anything hazardous.

Managers must know the appropriate action to take if an incident

occurs in the workplace, or if an employee reports a hazard or other

health & safety related concern to them. Experience in the area

that they manage is near essential. Especially when working in the

engineering industry.

At MG Cannon, the directors are the managers for each department.

They all must take some responsibility towards any incident or unsafe

working, especially if a concern has been reported to them by an

employee.

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Sub-Contractors are people hired by the business to perform work,

but not employed by them. For example, a sub-contractor may be

employed to carry out a specialist task within the workplace, but are

not needed full time.

Under the Health & Safety at Work Act 1974, employer’s duties

extend to sub-contractors, and they are as responsible for their

Health & Safety as they are for any employee of the business.

Sub-Contractors are also responsible for their own safety and risk

assessments if they bring and use their own equipment in order to

carry out what they brought in to do.

Task Three

“There has been a serious accident at your engineering company,

involving an engineer who is now paralysed from the waist down after

being crushed by a machine he was trying to fix.

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The engineer had followed all of the necessary health and safety

procedures before he entered the machine and had used the safety

stop devices. However, while he was inside the machine, part of it

suddenly moved and crushed his legs. It is believed that another

engineer had already attempted to fix the machine, and told his

manager that the safety stop devices were not working correctly so

it was not safe for him to go inside. This information was not passed

on or reported to anyone else at the company”.

It is already fairly clear here that there has been a clear case of

negligence by the manager if indeed the engineer did inform him of

the defects with the machinery used. This incident automatically

breaches The Health & Safety at Work Act etc. (1974) as section

2, part 2a states that part of employer’s duties is to ensure:

“the provision and maintenance of plant and systems of work that

are, so far as is reasonably practicable, safe and without risks to

health;”

(Health & Safety Executive, Parliament, 1974)

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Such a clear violation of a UK law is liable to a case in Crown Court,

which could at worse result in an unlimited fine and/or a maximum

of prison sentence of 2 years for the employer, in this case the

managing director, and/or the manager would liable to this

sentencing.

In a HSE investigation, all the employees, including the victim of the

incident will be interviewed on what they know about the machinery

how it was broken, how long it was broken for and if they know of

anyone working on the machine before the sub-contractor attempted

to fix the machine.

The employee did the right thing by reporting the incident, but he

should’ve ensured that the information was passed on. Overall, he

should not be considered responsible.

The manager clearly neglected his duty by sitting on information. He

should have passed the information he received onto the Health &

Safety Officer employed by the Company, and most importantly the

sub-contractor when he arrived to look at the machinery. Together

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they could’ve decided on the best approach to prevent the sudden

machine movement.

Even if the manager ‘forgot’, his actions ultimately resulted in the

paralysation of a person, and HSE would have no sympathy in any

situation.

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