Disclaimer: Currently
the information on this part of the site is being updated. Please
check with the Unite health and safety unit before using to ensure
advice is current healthandsafety@unitetheunion.org
General
What are my duties
under health and safety law, and what are my employer's
duties?
Can employees be
charged through pay slips for any safety equipment they are
given?
How do I determine
if my backache is due to work, and what do I do about it?
How should workers
deal with late-night working and working alone?
I work with
chemicals every day. How do I know if they are causing me
harm?
I work in a noisy
factory and I'm worried that my hearing may be being
affected.
I work in an office
that is freezing in the winter and stifling in the summer. Is this
allowed?
Safety reps
What do safety reps
do?
When is the best
time for safety reps to carry out an inspection and what are their
rights to do so?
What should safety
reps do to stop accidents happening, and what can they do for
members unable to return to work?
Whose duty is it to
carry out risk assessments?
General
Q My employer has told me that I have duties
under health and safety law. What are my duties and what are the
employer's duties?
An employer has both a moral and legal
responsibility to look after an employee's health and safety at
work.
There is a large body of health and safety law
which relates to both you and your employer. The majority of this
imposess duties on the employer, such as making the workplace safe
and without risk to health, carrying out risk assessments, relaying
information, instruction and training, providing supervision
necessary for health and safety, and consulting with the workforce.
Employees have a general duty to take reasonable care for both
their own health and safety and that of others around them, and to
co-operate with their employer.
Q My boss at work has told us that he will be
charging us through our pay slips for any safety equipment we are
given. Is this right as some of the workers are going to refuse to
use it if they have to pay for it?
No, you should not be charged for any personal
protective equipment (PPE) you are given. Under Regulation 9 of the
Health and Safety at Work etc 1974 it states: "Duty not to charge
employees for things done or provided pursuant to certain specific
requirements", which simply means that no employer shall levy or
permit to be levied on any employee any charge in respect of
anything done or provided in pursuance of any specific requirement
of the relevant statutory provisions. So, for example, if a risk
assessment shows a need for gloves and eye protection then they
should be provided free of charge. It is a criminal offence to
contravene this.
In any case PPE should only be used as a last
resort to protect workers from workplace hazards: the employer must
take preventative measures first. Where it has to be used it will
only be effective if it is selected, used and maintained
properly.
Q Recently my back has been hurting after work
and a few times I have been unable to carry out any lifting task. I
thought it was due to my age but a friend said it may be due to my
work. What can I do?
Aches and pains can be the symptoms of a range
of conditions, which can be grouped under the main term of
musculoskeletal disorders (MSDs). Not all MSDs are work-related,
but even if they are not, they may be linked to bad work practices
or made worse by work. Remember, doing something once may not hurt
but repetition could lead to injury
To try and solve your problem, work with your
safety rep, officer and your employer to spot the problem and
eliminate the hazard.
Safety representatives have rights to:
ensure the employer has carried out a risk
assessment of all activities in the workplace
help the employer identify the problems
arrange a workplace inspection
ensure the employer consults staff on measures
to eliminate or reduce the risks, for example, by buying suitable
and/or ergonomic equipment
inform the employer immediately of workers'
symptoms - aches and pains or complaints
make suggestions and co-operate in testing and
trying out solutions
report back on any problems with new
practices
help others in the workplace to understand the
hazards and how to tackle them.
Employers by law should:
identify the problems, that is, the hazards
and the risk
provide health and safety training
establish the extent of the problem, for
example, by using workplace surveys, and investigate all incidents
whether they cause injury or not
identify high-risk groups such as young,
pregnant or older workers
assess provisions for disabled workers
review risk assessments where problems have
been identified
generate and evaluate solutions in
consultation with the workforce
select appropriate action
identify necessary training and information on
safe working practices
implement the improvements
monitor and review effectiveness.
If you already have possible symptoms you
should go to your GP or Occupational Health Department for
assessment. Tell them about the job and why it may have contributed
to the condition. Report your symptoms to your safety rep, regional
industrial officer and your employer, and record any incidents in
the accident book. Also make sure you discuss any changes needed to
the work environment with your safety rep and employer that would
make your job safer and keep you in work.
If you have suffered a loss of earnings or
serious injury, contact the T&G about applying for compensation
from the employer and claiming state benefits. Beware delays, as
there are strict time limits for pursuing claims. You should also
contact the various associations for details of the nearest
self-help group.
You may not be the only one at work suffering,
so talk to your safety rep about carrying out some body
mapping.
Q I am very worried about my wife. She is a
bus driver and some of her shifts require her to work late at night
and early morning in areas that make her feel nervous, and when she
pulls in to the depot at night it is often deserted.
Members are often required to work alone and
there no legal reason for them not to work this way. However, the
most important question to ask is "is it safe to do so?".
Many of the hazards that lone workers face are
similar to those faced by other workers but the risks involved may
be greater because the worker is on their own. The employer has a
legal duty to provide a safe and healthy place of work. If a risk
assessment shows that it is not possible for the work to be done
safely by a lone worker, then other arrangements must be put into
place.
Employers should identify situations where
people work alone and ensure that they are at no greater risk than
other workers. Establishing safe working for lone workers is no
different from organising the safety of other employees. To ensure
that lone workers are not put at more risk than other employees,
extra risk control measures may be required. Control measures
should take account of normal work and emergencies, for example,
fire, equipment failure, illness and accidents.
Cost-cutting exercises that result in lone
workers must be discouraged; workers should work in pairs or more
if necessary when one cannot do it safely. For example, a buddy
system should be set up for those working in difficult or remote
sites, such as care workers and bus drivers.
Q I work with chemicals every day. How do I
know if they are causing me harm?
Throughout the UK there are millions of
different types of hazardous substances being used every day in
homes and workplaces; they come in the form of fumes, dusts,
vapours, gases, smoke and aerosols. Some of these may have no
harmful effects, but others could cause serious illness such as
asthma, dermatitis and cancer.
The Control of Substances Hazardous to Health
(COSHH) Regulations 2002 require employers to assess the risks from
hazardous substances before carrying out any work that is liable to
expose employees to substances hazardous to health. These duties
include the elimination of a hazard if possible, the reduction of
the risks, and the provision of personal protective equipment as a
last resort.
Work with your safety rep to investigate your
workplace; you could use body mapping to find out whether
any others are suffering similar symptoms. Ask the employer
for the risk assessments on all the hazardous substances in the
workplace and processes that involve hazardous substances. Ask for
the safety data sheets of substances used at work -
they are a great source of information. However, they are not
a substitute for a COSHH assessmentas they only describe the
hazardous substance and not the risks of using the hazard
within the working environment.
Safety reps should be included in and be able
to participate in discussions about introducing new hazardous
substances, new ways of using them, or new protective measures.
They should be involved in decisions about risk assessments, health
surveillance and training for the workforce.
Q I work in a noisy factory and I'm worried
that my hearing may be being affected.
Damage to hearing CAN be prevented by
controlling noise exposure. There is probably a noise problem if
you have to shout or raise your voice to be heard by someone else
two metres away or/and you have ringing in your ears after work. It
does not only have to be loud noise to be a problem; the frequency
or pitch may be a hazard, for example, a high-pitched whine or a
low-pitched hum.
The Noise at Work Regulations 1989 require the
employer to reduce the risk of damage to employees' hearing by
controlling their exposure to noise. Where the noise level is at
least 85 dB(A), but not over 90 dB(A), a noise assessment must be
carried out and reviewed at least once every two years or when
there are significant work changes. If an employee asks for ear
protectors, the employer must provide them. Where the noise level
is above 90 dB(A), the employer is required to reduce the noise "so
far as is reasonably practicable" by means other than ear
protectors (for example, by machine modification or acoustic
enclosure). If this is not possible, suitable ear protection must
be provided. Employers must provide training, instruction and
supervision on the wearing of ear protectors.
Areas where noise levels are above 90 dB(A)
must be designated and marked as 'ear protection zones'. Employers
must ensure that people entering such zones have suitable hearing
protection.
Finally, there is a third 'peak' action level
where employees are exposed to very loud, intermittent noises of
140 dB. Here the requirements for levels of noise over 90 dB(A)
also apply.
There is concern that even these action levels
may not provide protection from hearing loss and safety reps should
always be trying to negotiate above the minimum standards to
protect members' hearing in the workplace. It must be remembered
that wearing ear protection is the last resort and the employer
must first try to control noise exposure.
Q I work in an office that is freezing in the
winter and stifling in the summer. Is this allowed?
During working hours the temperature in all
workplace inside buildings shall be 'reasonable'. The method of
heating or cooling should not give off dangerous gas or vapour. The
workplace should also be supplied with sufficient thermometers to
check the temperature.
What is a 'reasonable' temperature? The
Approved Code of Practice (ACOP) to the Workplace (Health, Safety
and Welfare) Regulations 1992 indicates that this is a level that
provides reasonable comfort without special clothing: this would be
normally at least 16ºC or at least 13ºC where much of the work
involves serious physical effort (16ºC may be too warm in this
situation). There are no legal maximum temperatures; however, the
TUC is campaigning for a legal maximum workplace temperature of
30ºC, or 27ºC where strenuous work is being done.
The ACOP recognises that this may be
impractical where there are hot or cold processes, for example, in
food production where particularly cool temperatures may need to be
maintained to ensure food safety. In this situation, the employer
should first consider taking steps to minimise the risk to
employees, such as enclosing or insulating the product, keeping
chilled areas as small as possible, or pre-chilling the product. If
it is not possible to take such steps, then the employer should
consider other measures such as providing local heating for
employees, excluding draughts, and/or using duck boards or other
cleanable floor covering to isolate workers from cold floors. If a
reasonable temperature is still not achievable, then the employer
should provide protective clothing and heated rest facilities, and
set up systems of work to minimise the length of time of exposure
to uncomfortable temperatures, for example, rotation of tasks to
enable workers to go to heated areas.
Safety reps
Q I was just asked to be a safety rep. What do
they do?
As a worker you have fundamental rights to a
workplace that is free from hazard or harm. You have the same right
as everyone else in any industry to good health and highest state
of physical, mental and social well-being. With the support of the
T&G, union training and the UK health and safety legal system,
this is what you, as a safety rep, can achieve. But you don't have
to do it on your own, as there is help at hand from your branch and
the union.
The key role of the trade union safety rep is
to check and follow up on management's actions or inactions over
health, safety and environmental issues in the workplace and
represent workers' views. Trade union safety reps are not part of
the management team (although they may be managers or supervisors)
nor are they unpaid company safety officers.
Two of the most fundamental trade union aims
are improving members' terms and conditions and promoting their
welfare: clearly these aims encompass health and safety.
Furthermore, surveys of union members have identified health and
safety issues as one of their main concerns and a significant
reason for joining a trade union.
Workers have a legal right to representation
by safety reps and, in turn, safety reps have greater legal rights
than ordinary trade union shop stewards.
In all matters of health and safety, advice
and guidance should be obtained from your regional industrial
organiser before concluding any agreement with your employer, or
taking any legal action, such as a complaint to an employment
tribunal.
Q I am a new safety rep. When is the best time
to carry out an inspection and what are my rights to do so?
Inspecting the workplace, and the employer's
health and safety documents, is one of the most important functions
of the safety rep. A visual inspection should be carried out every
day or at the beginning of each shift.
Under the Safety Representatives and Safety
Committees Regulations 1977 (SRSCR) safety reps are entitled
to:
inspect a workplace or part of it at least
every three months, provided that they give the management
reasonable written notice
carry out more frequent inspections by
agreement
carry out further inspections where there has
been a substantial change in the conditions of work or where the
HSC or Health and Safety Executive has published new information on
relevant hazards
carry out an inspection following a notifiable
accident or dangerous occurrence
inspect and take copies of any document
relevant to the workplace or to the employees that the safety rep
represents (this can be withheld in some limited
circumstances).
Q I work in a warehouse where one of our
members had an accident. As a safety rep, what should I be doing to
stop this happening again, and what can I do for our member who has
been unable to return to work?
As a safety rep you have a legal right to
carry out an inspection after notifiable incident/disease or
dangerous occurrence (including a near miss). Quick and accurate
investigation of accidents and near misses can ensure that they
don't reoccur and that any injured person obtains the appropriate
compensation. It is very important to keep a written record of what
you observed.
Work with the employer to investigate the
causes, ensure the employer carries out a risk assessment,
implements the required control measures and reviews the methods to
prevent it happening again.
Under the Reporting of Injuries, Diseases and
Dangerous Occurrences Regulations (RIDDOR) 1995, employers are
required to record and report the death of any person, all major
and serious accidents and injuries, reportable work-related
diseases and dangerous occurrences connected with work must be
reported without delay. An incident, which meant a person couldn't
do their work for three days or more after the incident, must be
reported within 10 days.
If a compensation claim by an injured member
is likely, ensure that the member contacts the union about applying
for compensation from the employer and claiming state benefits.
Beware delays, as there are strict time limits for pursuing claims.
Ensure that a copy of the accident report goes to the union branch
secretary and/or the solicitor dealing with the claim.
HSE Incident Contact Centre for reporting
accidents and dangerous occurrences: telephone 0845 3009923, fax
0845 3009924, email riddor@natbrit.com or http://www.riddor.gov.uk/.
Q At work our employer has told all the safety
reps that they are required by law to carry out risk assessments.
We are very nervous about this as if someone then has an accident
we think it will be our fault.
Risk assessments are required under a number
of health and safety regulations. It is the legal duty of the
employers to examine what could cause harm to people in the
workplace, so that they can decide on what needs to be done to
prevent accidents and ill-health. That is, the employer must
evaluate the risks - before, for example, introducing a new
process or piece of equipment or a new substance to the
workplace - record the findings, implement control measures
and review their progress.
It is not a safety rep's duty to carry out a
risk assessment, though safety reps do have the legal right to
inspect their workplace for hazards and problems, and receive
information. The Safety Representatives and Safety Committees
Regulations 1977 specifically state that no function given to a
safety rep "shall be construed as imposing any duty [on them]".
However, it is important that safety reps are included and
participate in the risk assessment process as they can play a vital
role in ensuring that any procedures and improvements are working
effectively and can alert the employer to problems by keeping in
contact with other workers.
