Health & Safety - Frequently Asked Questions

There are many aspects to consider relating to Employment Law when you run your own business and we aim to provide you with authorative information without providing advice.

We have appointed ELAS (Employment Law Advisory Service) to provide expert advice should you need it. ELAS can be contacted on 0161 785 2000.

Does the new Work at Height Regulations 2005 ban the use of ladders?

The Work at Height Regulations 2005 does not ban the use of ladders. They require that ladders should only be considered where a risk assessment has shown that the use of other more suitable equipment is not appropriate because of the low risk, and short duration of the task or considerations of where the work is located.

A construction company was ordered to remove the ladders from site as this was there policy for carrying out work at height. A suitable platform had to be used instead.

When working at height when does the “Working at Height Regulations 2005” come into place?

A place is at height if (unless the regulations are followed) a person could be injured falling from even if it is at or below ground level. The height is any height where a person takes both feet of the ground. The regulations apply to any work at height where there is a risk of fall liable to cause person injury typically when working on stepladders.

There has been a vast majority of personal injury claims of the years due to persons working at height. These persons involve painters and decorators, plasters, electricians, roofers and bricklayers where no risk assessment was carried out or suitable work equipment was in place and suitable and sufficient training was given.

If you employ 5 or more persons do you have to have a Health and Safety Policy in place?

The law states that if you employ 5 or more persons you have to have a written Health and Safety policy that identifies the responsibilities of the persons for managing your health and safety. It shall also include the arrangements on controlling the risks within your business along with a general statement of intent.

Construction companies are often asked for a detailed Health and Safety Policy by the site before any work is carried out. It must be current and needs to be signed and dated by the senior person, usually the Managing Director. If no Health and Safety policy is available then work will not be allowed. It is important for insurance companies also to know that any work carried out on site has the relevant documentation in place that include Health and Safety Policy, Risk Assessments, Method Statements, Checklists etc.

What is the Maximum/Minimum temperature of a workplace?

The Workplace (Health, Safety and Welfare) Regulations 1992 lay down particular requirements for most aspects of the working environment. Regulation 7 of these Regulations deals specifically with the temperature in indoor workplaces and states that:

During working hours, the temperature in all workplaces inside buildings shall be reasonable.

However, the application of the regulation depends on the nature of the workplace i.e. a bakery, a cold store, an office, a warehouse.

The associated ACOP goes on to explain:

‘The temperature in workrooms should provide reasonable comfort without the need for special clothing. Where such a temperature is impractical because of hot or cold processes, all reasonable steps should be taken to achieve a temperature which is as close as possible to comfortable. 'Workroom' means a room where people normally work for more than short periods.

The temperature in workrooms should normally be at least 16 degrees Celsius unless much of the work involves severe physical effort in which case the temperature should be at least 13 degrees Celsius. These temperatures may not, however, ensure reasonable comfort, depending on other factors such as air movement and relative humidity.’ Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by:

Where a reasonably comfortable temperature cannot be achieved throughout a workroom, local cooling should be provided. In extremely hot weather fans and increased ventilation may be used instead of local cooling.

Where, despite the provision of local cooling, workers are exposed to temperatures which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation) to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.

Can a person be left alone at work?

There are no absolute restrictions on working alone; it will depend on the findings of a risk assessment.

There are two main pieces of legislation that will apply:

Although there is no general legal prohibition on working alone, the broad duties of the HSW Act and MHSW Regulations still apply. These require identifying hazards of the work, assessing the risks involved, and putting measures in place to avoid or control the risks.

Control measures may include instruction, training, supervision, protective equipment etc. Employers should take steps to check that control measures are used and review the risk assessment from time to time to ensure it is still adequate.

When risk assessment shows that it is not possible for the work to be done safely by a lone worker, arrangements for providing help or back-up should be put in place. Where a lone worker is working at another employer's workplace, that employer should inform the lone worker's employer of any risks and the control measures that should be taken. This helps the lone worker's employer to assess the risks.

Risk assessment should help decide the right level of supervision. There are some high-risk activities where at least one other person may need to be present. Examples include some high-risk confined space working where a supervisor may need to be present, as well as someone dedicated to the rescue role, and electrical work at or near exposed live conductors where at least two people are sometimes required.

Read more about the health and safety things you must do to do.