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Reference
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INFORMATION PAPER
HEALTH AND SAFETY
EMPLOYMENT RELATIONS & UNION SERVICES
MAY 2003
Workplace (Health,Safety
and Welfare) Regulations
1992
THE CHARTERED SOCIETY OF PHYSIOTHERAPY
14 Bedford Row, London WC1R 4ED, UK www.csp.org.uk Tel +44 (0)20 7306 6666 Email enquiries@csp.org.uk
THE CHARTERED SOCIETY OF PHYSIOTHERAPY
Workplace (Health, Safety and Welfare)
Regulations 1992
INTRODUCTION
This briefing paper has been produced to provide some supplementary information on the
Workplace (Health, Safety and Welfare) Regulations 1992. It should be read in conjunction
with Part 1 Sections 1 and 8 of the safety representatives information manual. The
Workplace (Health, Safety and Welfare) Regulations 1992 constitute one of the “six pack”
regulations as found on page 18 of the manual.
The Workplace (Health, Safety and Welfare) Regulations cover specific areas of health, safety
and welfare to supplement the general duties on employers under the Health and Safety at
Work Act 1974. The aim of this legislation was to provide a consistent set of minimum
workplace standards.
As a reminder:
Regulations are legal requirements that must be complied with.
Approved Codes of Practice (ACOPs) have been approved by the Health and Safety
Commission and aim to provide practical advice on how to comply with the legislation.
Employers do not strictly have to follow ACOPs, but they do need to prove that their
standards are at least equal to the health and safety standards set.
Guidance is issued by the Health and Safety Executive (HSE) or the Health and Safety
Commission. Although not legally enforceable it does indicate the standards expected by
health and safety inspectors.
The Workplace Regulations deal with general requirements in 4 broad areas:
- The working environment.
- Safety.
- Facilities.
- Housekeeping.
Residential and Nursing Homes are covered under the Workplace Regulations
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but domestic premises are not. For community or domiciliary workers, patients’ homes are
considered an extension of the workplace therefore employers are required to consider
employee’s health and safety under the Health and Safety at Work Act
When employees are working in other employers’ workplaces, such as GP practices or
schools, their own employer still has a duty to ensure health, safety and welfare under the
Health and Safety and Work Act.
WORKPLACE (HEALTH, SAFETY AND WELFARE) REGULATIONS 1992.
There are a total of 27 regulations – a brief summary of each is outlined below.
Reg 1
Citation and commencement.
States the date the regulations came into force which was 31st December
1992 for new workplaces or 1st January 1996 for old workplaces.
Reg 2
Definitions
Defines “workplace” as a work area and any other areas to which workers
have access, including stairs, corridors, roads and pathways. Domestic
premises are not covered by the regulations. Community or domiciliary
workers, working in patients’ homes are protected under the Health and
Safety at Work Act. Residential and Nursing Homes are covered under The
Workplace (Health, Safety and Welfare) Regulations.
Reg 3
Application to building and temporary sites.
Applies to building sites and temporary sites. Building sites are not covered by
the regulations and temporary sites must follow regulations 20-25 as far as is
reasonably practicable. Employers must prove that the risk of harm is so small,
the cost of implementing the regulations on a temporary site is not justified.
Reg 4
Responsibilities of employers.
If an employee is working in another employer’s workplace, their own
employer still has a duty to ensure their health and safety under the relevant
legislation.
Reg 5
Maintenance.
Workplace equipment, devices and systems must be maintained and in good
repair. The ACOP highlights regular inspection, and testing of equipment and
maintenance to be carried out regularly and the details suitably recorded.
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Reg 6
Ventilation.
Enclosed workplaces must be ventilated by a sufficient quantity of fresh and
purified air. Air inlets should not be near any contaminated air, for example
exhaust fumes or flues. Any environment where hazardous substances are
used will require a higher standard of ventilation. There should be no
exposure to uncomfortable draughts.
Reg 7
Temperature.
Employers must ensure that during working hours, the temperature inside
buildings is reasonable. Workers should be comfortable without the need for
special clothing (e.g. wearing coats and gloves indoors.) Reasonable steps to
achieve this might include shading windows, using fans in hot weather or
insulating hot pipes.
The Approved Code of Practice says that workrooms should normally be at
least 16•••for most types of work and 13••for work involving physical effort.
Draughts and humidity must also be considered when aiming for a
comfortable temperature. Thermometers need not be provided for each
workroom but there must be sufficient thermometers to measure the
temperature in an environment that is uncomfortable. There is currently no
legal requirement for a maximum working temperature. The TUC is calling for
a maximum working temperature of 30• for normal working or 27• for those
doing strenuous work. Ideally, temperatures should be between 16•-24•.
Reg 8
Lighting.
Employers must ensure that every workplace has suitable and sufficient
lighting which should be natural so far as is reasonably practicable. ACOP
suggests “sufficient” is allowing workers to use facilities without eyestrain.
Outdoor areas should also be adequately lit after dark.
This component also includes emergency lighting which should also be
suitable and sufficient.
Reg 9
Cleanliness.
Every workplace, furniture, furnishings and fittings must be kept sufficiently
clean.
Floors, walls and ceilings must have easily cleaned surfaces.
Waste materials should be contained in suitable containers.
According to the ACOP “sufficiently clean” will depend on the nature of the
workplace i.e. food preparation. The ACOP also states that cleaning should be
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carried out in an effective manner without exposing anyone to a health and
safety risk.
Reg 10
Room dimensions and space.
Every workroom shall have sufficient floor area, height and unoccupied space.
According to the Approved Code of Practice, 11 cubic metres per person
should be allowed, assuming the room is 3m high. These measurements do
not include equipment or furniture.
Reg 11
Workstations and seating.
Workstations must be suitable for the worker using it and the work being
carried out. Awkward postures or movements should be kept to a minimum.
Seating should be the right height for the user in relation to the workstation.
Seating should include proper back support.
Reg 12
Floors
Floors must be suitably constructed without slippery or uneven surfaces.
Workplace floors should, as far as is reasonably practicable be free from
obstructions and other slip, trip or fall hazards.
Stairs and slopes must be provided with handrails whenever possible.
Effective drainage facilities should exist in wet areas.
All points apply to indoor and outdoor areas.
Reg 13
Preventing falls and falling objects.
Where reasonably practical, employers must:
Prevent anyone from falling a distance likely to cause personal injury.
Prevent anyone being hit by a falling object, which is likely to cause him or
her injury.
Prevent anyone falling into a tank or pit containing dangerous substances.
Reg 14
Windows and transparent doors.
Windows and glass doors must be:
Made of safety material.
Adequately marked or designed to make transparent surfaces obvious.
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Reg 15
Windows, skylights and ventilators.
All glazing, windows and skylights and ventilators must be safe to open, close
and adjust. When open they must not be a hazard to health and safety.
Reg 16
Safety of window cleaning.
All windows and skylights must be easily cleaned and window cleaning
equipment safe to use.
Reg 17
Traffic routes on site.
The workplace must be organised to that there is safe passage of pedestrians
and vehicles.
Reg 18
Doors and gates.
Doors and gates must be suitably constructed and fitted with any necessary
safety devices such as stops on sliding doors, safety features on powered
doors and see through panels in doors which swing in both directions.
Reg 19
Escalators and moving walkways
Escalators and moving walkways must function safely, be equipped with any
necessary safety devices and be fitted with emergency stop controls.
Reg 20
Toilets
Regulation 20 states that suitable and efficient toilets must be provided at
readily accessible places. “Suitable” requires that the conveniences must:
•
Be adequately ventilated and lit.
•
Be kept in a clean and orderly condition.
•
Be in separate rooms for men and women.
•
Have toilets in their own room and have a lockable door, not just a row of
cubicles on one room.
The Approved Code of Practice expands to include:
•
Flush toilets should be provided connected to a suitable drainage system.
•
Toilet paper should be provided.
•
Suitable means to dispose of sanitary dressings.
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Reg 21
Washing facilities.
Within the workplace there must be suitable and sufficient washing facilities
provided which are readily accessible. This includes showers if required by the
nature of the work. “Suitable” requires washing facilities to be:
•
Provided near to sanitary conveniences.
•
Provided near any changing rooms.
•
Provided with a supply of clean hot and cold water.
•
Provided with soap or other similar means of cleaning.
•
Provided with towels or other suitable means of drying.
•
Sufficiently ventilated and lit.
•
Kept in a clean and orderly condition.
•
Provided with separate showers for men and women.
The approved cope of practice provides a minimum number of toilets and
washbasins to be provided. However, it also states that there should be
enough facilities provided to enable everyone to use them without undue
delay. This may mean that more than the minimum number is required.
People at work
Toilets
1-5
1
6-25
2
26-50
3
51-75
4
76-100
5
Approved code of practice recommendations.
Washbasins
1
2
3
4
5
If members of the public will be using the facilities, more toilets and
washbasins will be required. Where possible, there should be separate
facilities for staff and the public.
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Reg 22
Drinking water.
An adequate supply of wholesome drinking water must be readily available at
suitable places. Cups must be provided unless the supply is a drinking
fountain.
Reg 23
Accommodation for clothing.
Employers must provide suitable and sufficient accommodation for:
•
Workers’ own clothing which is not worn during working hours; and
•
Special clothing worn at work but not taken home.
Accommodation should be clean, warm, dry, well ventilated and located in a
convenient place. So far as is practical, the facility for drying clothes should be
provided.
The Personal Protective Equipment Regulations 1992 also require
accommodation for clothing and equipment.
Reg 24
Changing facilities.
Suitable and sufficient changing facilities must be provided where:
•
Special clothing is required for work; and
•
Workers cannot be expected to change in another room.
•
There must be separate facilities for, or separate use of, facilities for men
and women.
Facilities must be large enough to provide privacy, overcrowding or
unreasonable delays.
Reg 25
Restrooms and meal facilities.
Suitable and sufficient rest facilities must be provided. All rest facilities must
include:
•
Facilities for workers to eat meals. Eating facilities should be kept clean
and include means of obtaining hot drinks. The Approved Code of
Practice states that when hot food cannot be obtained in or near the
workplace, facilities should be provided for workers to heat their own
food.
•
Arrangements to protect non-smokers from discomfort from tobacco
smoke.
•
Suitable rest facilities for pregnant workers and nursing mothers. These
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should be situated near to toilets and include somewhere comfortable to
lie down.
From 31st December 1992 when the regulations came into force for new
workplaces, extensions or conversions “rest facilities” must be a separate rest
room. In older workplaces, this may be a rest room or rest area.
All rest facilities should be large enough for everyone who needs to use them.
All rest facilities should be clean, quiet and contain sufficient chairs and
tables.
Reg 26
Exemption of military forces.
This regulation allows the Secretary of State for Defence to exempt military
forces from the regulations when it is in the interests of national security.
Reg 27
Changes to previous legislation.
This regulation replaces parts of the Factories Act and the Offices, Shops and
Railway Premises Act that previously covered workplace and welfare
requirements.
ACTIONS FOR SAFETY REPS
•
•
•
Check these regulations are in place and that employers and employees are aware
of them.
Make sure you know how to access a copy of these Regulations.
Liaise with other safety reps and management if there are any areas which you feel
are inadequate.
WORKING ENVIRONMENT SURVEY
In 2001 a resolution passed at Annual Representatives Conference (ARC) called on the CSP to
investigate the nature and extent of the problems faced by CSP members in relation to their
work environment.
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Many members work in buildings which were not originally designed to house physiotherapy
departments. Even those that were are often ill-equipped for provision of today’s wide range
of physiotherapy services and increasing numbers of both patients and staff.
In 2002, a brief questionnaire was sent out through the safety reps network to provide a
“snapshot” of the most common issues arising out of the work environment and their impact
on stress levels.
The main findings of the survey were:
•
Members who work in premises owned by someone other than their own employer
experience more working environment problems than those working on their employer’s
own sites.
•
A quarter of members describe their working environment as either “less than adequate”
or “very poor”.
•
Under 10% say their working environment is very good.
•
Space is the single most pressing work environment issue for members. The space
problems cover storage space, office space and space for treating patients, the latter
being identified as the most important and being a particular problem for those working
“off site”, in GP Practices, schools etc.
•
The next most commonly reported problem is temperature control; this is unsurprisingly
often associated with inadequate ventilation of work areas.
•
The third group of issues is inadequate provision of rest facilities – this includes
unsatisfactory changing facilities, poor access to toilets and no available staff rooms or
staff-only rest areas.
•
Almost 90% of members state that the problems they have with their work environment
have either a moderate or large impact on morale and on levels of work-related stress.
•
Overall, 70% of reps reported that their employer took these health and safety problems
seriously, but 30% felt that they failed to take them seriously and therefore to take
effective action to address them.
•
The proportion of employers failing to take the problem seriously rises to almost 40%
where members are working on premises not owned by their own employers.
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