This section contains possible outlines for Notice templates on common management topics as listed below. Notice templates in this section should not be used without firstly ensuring that notices reflect the particular circumstances found. Notice Templates Health & Safety at Work etc. Act 1974, Section 2(1), Management of Health and Safety at Work Regulations 1999 Reg 5 Your health and safety management system - including the elements of planning, organising, control, monitoring and review - is not effective in controlling the risk of injury from ### activities. I have observed on a number of occasions that you have failed to ensure, so far as is reasonably practicable, that employees follow safe working practices consistently. You should take the following steps to comply with this Notice: Taking into account the measures identified as a result of any assessment of risks to people at the location overleaf, and having regard to the nature of your activities, you should: Review your health and safety arrangements to identify why your management system is failing to be effective; Using the information you have identified in a. above, develop improved arrangements and record them; Prepare an action plan (following ‘SMART’ principles) for implementing the new arrangements; and Put the action plan into effect. OR Alternatively other equally effective steps can be taken to comply. As part of your review you should refer to the Approved Code of Practice (ACoP) for Regulation 5 of the Management of Health and Safety at Work Regulations 1999. Further information can be found in the guidance to this Regulation as well as the rest of the Regulations, associated ACoP & guidance, and HSE’s ‘Successful health and safety management’ (HSG65, edition, 1997, HSE Books, ISBN 0 7176 1276 7) Risk Assessment …you are contravening…the following statutory provisions: Health and Safety at Work etc Act 1974 sections 2 and 3 [amend as appropriate], Management of Health and Safety at Work Regulations 1999 regulation 3 …the reasons for my said opinion are: that a suitable and sufficient assessment of the risk to the health and safety of your employees has not been made to identify the preventive and protective measures needed to ensure their health and safety so far as is reasonably practicable. Schedule: To comply with this Notice you should complete EITHER items 1, a,b,c,d,e and f OR item 2 Assess the risk of injury to employees. The assessment should; Identify who is at risk – consider all people (eg. Your employees, contractors, maintenance and cleaning staff, managers and seasonal employees) Identify any people who may be particulary vulnerable (eg. Young/inexperienced people, contractors who may be unfamiliar with your premises and any risks posed by your premises and activities). Identify how people are at risk – look at all work done or likely to be done, in the future. Look at how the work is actually done, not how you think it is going to be done. Use previous incidents/near misses as well as the law, Approved Codes of Practice, and other guidance to help your identification process. See covering letter for details of relevant publications. Identify existing preventive/protective measures. Identify what further action, if any, needs to be taken to reduce risk sufficiently. Draw up a plan for monitoring and reviewing preventive and protective measures OR 2 Any other equally effective means to remedy the breach. Health and Safety Arrangements …you are contravening…the following statutory provisions: Health and Safety at Work etc Act 1974 sections 2 and 3 [Amend as appropriate], Management of Health and Safety at Work Regulations 1999 regulation 5 …the reasons for my said opinion are: that you have not made appropriate arrangements for the effective planning, organisation, control, monitoring and review of the preventive and protective measures. Schedule: To comply with this notice you should complete EITHER items 1, a,b,c,d,e OR item 2 You must make, give effect to and record arrangements for:a. The effective planning of preventive and protective measures In practice this means you must set up an effective health and safety management system that is proportionate to the hazards and risks arising from your undertaking. This must include a systematic programme for the completion of risk assessments with suitable deadlines for design and implementation of those measures. The effective organisation of preventive and protective measures In practice this means you must establish a formal means of involving employees in the risk assessment process and that of devising the written procedures to implement them. This must include effective means of communication and consultation so that sufficient information is available to ensure the correct preventive and protective measures are chosen and implemented effectively. The arrangements must also include adequate information, instruction and training for staff, particularly for those who carry out risk assessments. The effective control of preventive and protective measures In practice this means you must ensure that everyone with health and safety responsibilities understands clearly what they must do and co-ordinate everyone’s activities. This must include ensuring everyone has enough time and resources to discharge their health and safety duties and also ensuring adequate and appropriate supervision of those discharging their duties. The effective monitoring of preventive and protective measures In practice this means you must ensure plans are made for routine inspections and checks that preventive and protective measures are in place. This includes having arrangements for any deviations from those measures including investigating any incidents. The effective review of preventive and protective measures In practice this means you must ensure any necessary remedial action identified by your monitoring are prioritised and taken and also by periodically ensuring that the whole health and safety management system is operating effectively. OR 2. Any other equally effective means to remedy the breach. Health Surveillance …you are contravening…the following statutory provisions: Health and Safety at Work etc Act 1974 sections 2 and 3 [Amend as appropriate], Management of Health and Safety at Work Regulations 1999 regulation 6 …the reasons for my said opinion are: That you have not provided appropriate health surveillance with regard to the health and safety of your employees as identified in your assessment Health and Safety Assistance …you are contravening…the following statutory provisions: Health and Safety at Work etc Act 1974 sections 2 and 3 [amend as appropriate], Management of Health and Safety at Work Regulations 1992 regulation 7 …the reasons for my said opinion are: You have failed to ensure that your appointed competent person in control of health and safety has sufficient time available to them to fulfil their functions, nor have you ensured that they have adequate means at their disposal to carry out their function with regard to the size of your undertaking. Schedule: To comply with this Notice you should complete EITHER item 1 and 2 OR item 3 Appoint appropriate persons as your competent person(s) to assist you in undertaking measures you need to take in order to comply with the requirements and prohibitions imposed upon you by relevant health and safety legislation. This will require the provision of sufficient time and support for these persons to carry out their duties fully. Ensure your chosen competent person or persons have a high enough level of knowledge and experience to discharge their duties fully; this is likely to include a Nationally recognised qualification. OR 3. Any other equally effective means to remedy the breach. 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