Duty of employer to ensure as far as reasonably practicable, the
health and safety welfare of all employees
Policed by HSE as a criminal offence - fines/imprisonment
1995 - (RIDDOR) must report injuries and dangerous occurances within 15 days, injuries
over 3 days kept in an accident book for minimum of 3 years
Management of health and safety at work regs1999 - Must undertake, record and regularly review a risk assessment
HSE vs MARSHALL MORRIS & POOLE (2012)
Minor maintenance work to gutter of rented house by contractor employed by
firm of managing agents
Workman died when roof collapsed
Managing agents found guilty of not ensuring contractor
was competent enough to carry out work ensuring their
safety and safety of others. Fined £75,000
Firms should check contractor's Written safety policy,
Written method statement of work is in place
Recent and relevant risk assessments, including assessments
for the intended work training records and certificates
Confirmation that the relevant insurance is in place
Asbesos management
brown
banned in 85
blue
banned in 85
white
banned in 99
2 types of survey
management
to locate, assess and advise. No samples taken
refurbishment/demolition
Required during refurbs or
demolition, samples of
suspected materials are taken
then reccomendations made
a newly constructed building
requires an architechts certificate
to confirm there's no asbestos in
the building
Defective Premises act 1972
Occupiers liability act 57/84
DDA 05 / EQUALITY ACT 10
Issues for agents
Employees
duty to staff, casual, part time and full time staff
5 or more staff, policy and procedures must be containes in a written health and safety policy
Less than 5 staff, must be a method statement and manage risks
Lone working - viewings/inventory
risks
slips, trips, falls
when wold a member walk away, not lifting
heavy furnitute/mattresses/going into loft
spaces/standing on steps to read meters
Contractors
must have access to contractor's method statement
for smaller companies with less than 5 employees
for larger companies, agent delegates h&s to
the firm but must take due dilligence to ensure
h&s policy is in place
Should still advise of any known or perceived risks that might not be apparaent
such as asbestos, pets, pests etc
engaging
risk assessment regardless of size of job, especially if working from height
contractor qualified/competent?
check their public liability insurance; upto date and adequate?
have they had any kind of traing, asbestos awareness, cscs, ladder safety
request method statement or h&s policy
if more than one contractor will be on site at same period, who will manage the process?
get contractor to sign contractors agreement which should cover health and safety issues and responsibilities
take up references prior to engaging
place contractor through a safe contractor scheme
limit total no in regular use to reduce management time and risk
Enforcement
HSE &local authority
environmental health
departments are
responsible
any individual, director,
manager, or worker can
be prosecutred und
HASWA74 if they haven't
taken reasonable care to
ensure safety of
themselves or other
persons affected by their
acts or ommissions
Corporate manslaughter/homicide
act 07 makes organisations rather
than individuals liable for gross
failures