The Workplace (Health, Safety and Welfare) Regulations 1992
Overview
The Workplace Regulations were made under Section 15 of the Health and Safety at Work Act and apply to virtually all workplaces - a notable exception being construction sites, although similar requirements are contained in the Construction (Health, Safety and Welfare) Regulations 1996, and farming and forestry land which is away from the main buildings.
Regulation 2 of the Workplace Regulations defines a "workplace" as "any premises or part of premises which are not domestic premises and are made available to any person as a place of work". This includes any place on the premises to which a person has access while at work. For example: rooms, lobbies, corridors, staircases, roads or other places used as a means of access or egress from a place of work or where facilities are provided for use in connection with the place of work other than a public road.
The requirements aim to ensure that workplaces meet the health and safety needs of each member of the workforce. Therefore, special consideration may need to be given to the needs of employees with disabilities. For example, several of the regulations require things to be "suitable for any person in respect of whom such things are so done or provided". This emphasises, amongst other matters, that traffic routes, facilities and workstations which are used by persons with disabilities should be suitable for them to use.
Regulation 4 requires every employer to ensure that every workplace, modification, extension or conversion which is under his or her control, and where any of the employees work, complies with the requirements of the Regulations. Tenant employers are also responsible for ensuring that the workplace complies and that the required facilities are provided. Where facilities, such as sanitary conveniences and washing facilities, are provided by a landlord or a neighbouring business, the employer is still responsible for ensuring that they comply.
The following table provides a brief outline of the main requirements:
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REGULATION |
SUBJECT |
OUTLINE |
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5 |
Maintenance |
Workplaces, equipment, devices and systems to be maintained in: o An efficient state o Efficient working order o Good repair Subject to a suitable system of maintenance where appropriate. Included in the above are those in which a fault is liable to cause a breach in the Regulations and mechanical ventilation systems provided under Regulation 6. |
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6 |
Ventilation |
Effective and suitable provision to ensure every workplace is ventilated by a sufficient quantity of fresh or purified air. There must be an effective device to give visible or audible warning of failure. |
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7 |
Temperature |
Must be reasonable during working hours. Heating and cooling methods must not result in injurious or offensive fumes. A suitable number of thermometers must be provided for persons to determine the temperature in any workplace. According to the supporting ACoP, the temperature must be at least 16o C unless work involves severe physical effort, when it should be at least 13oC. |
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8 |
Lighting |
Suitable and sufficient lighting in every workplace, so far as is reasonably practicable by natural light. This must include emergency lighting in any room in which persons at work are especially exposed to danger in the event of failure of artificial lighting. Fire precautions legislation also concerns the lighting of escape routes. |
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9 |
Cleanliness |
Workplaces, furniture and fittings must be kept sufficiently clean. Surfaces of floors, walls, and ceilings must be capable of being kept sufficiently clean. Waste materials must not accumulate, except in suitable receptacles. |
|
10 |
Space |
Persons must have sufficient floor area, height and unoccupied space. The ACoP suggests the total volume of the empty room divided by the number of people normally working in it, should be at least 11 cubic metres. (Any height above 3 metres should be taken as 3 metres. The 11 cubic metres per person may be insufficient where much of the room is taken up by furniture etc). |
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11 |
Workstations and Seating |
Must be arranged to be suitable for both the person and the work. (Special arrangements are required for outdoor workstations). A suitable seat must be provided where the work can or must be done seated. |
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12 |
Floors and Traffic Routes |
Floors, where necessary, must have an effective means of drainage. They must be kept free from obstruction and substances which could cause slips, trips and falls. Traffic routes must be constructed to be suitable for the purpose. Floors and traffic routes must not have holes, slopes, uneven or slippery surfaces which expose persons to risk. |
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13 |
Falls |
Suitable and effective measures to prevent any person from falling a distance likely to cause personal injury or being struck by a falling object likely to cause personal injury. The measures taken should not, so far as is reasonably practicable, involve personal protective equipment information, training pr supervision. (Special arrangements required where falls into dangerous substances could occur.) According to the ACoP, secure fencing should be provided, wherever possible, at any place where a person might fall 2 metres or more. |
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14 |
Windows, etc |
Every window and translucent surface in a wall, partition, door or gate shall, where necessary, be of safety material or be protected against breakages. It must also be appropriately marked or incorporate features to make it apparent. |
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15 |
Windows, Skylights and Ventilators |
Must be capable of being opened. Must not be constructed in a manner which either exposes the person opening or closing them to risk or when open exposes any person to risk. According to the ACoP, they should not project into an area where persons are likely to collide with them. |
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16 |
Cleaning Windows |
Windows must be designed and constructed so as to be cleaned safely. According to the ACoP, where they cannot be cleaned safely from the ground then suitable provision shall be made for them to be cleaned. This may include using pivot windows which can be cleaned from the inside, fitting access equipment such as cradles or providing suitable conditions for future use of mobile access equipment (anchorage points for securing ladders etc). |
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17 |
Traffic Routes |
Workplaces must be organised to allow vehicles and pedestrians to circulate safely. Traffic routes must be sufficient in number, suitable for the person and vehicles using them, be in suitable positions and be of sufficient size. |
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18 |
Doors and Gates |
Must be of suitable construction. More detail is given in the Regulations in relation to specific types of doors and gates. |
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19 |
Escalators and Moving Walkways |
They must function safely, be equipped with safety devices and be fitted with one or more emergency stop controls. |
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20 |
Sanitary Conveniences |
Suitable and sufficient conveniences must be provided at readily accessible places. The rooms must be: o Adequately Ventilated o Adequately Lit o Kept clean Separate rooms needed for both sexes except where each convenience is in a separate room capable of being secured from the inside. According to the Acop, 1 WC is needed for the first 5 employees and another one for every 25 employees above that number. (Where only men are involved, another table gives the number of WCs and urinals to provide). |
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21 |
Washing Facilities |
Suitable and sufficient facilities must be provided. Showers must be provided where required for health reasons. Facilities must be readily accessible and in the immediate vicinity of sanitary conveniences. The facilities provided must include: o A supply of clean hot and cold (or warm) water o Soap or other means of cleaning o Towels or other means of drying The rooms used must be adequately ventilated, adequately lit and kept clean. Separate facilities being provided for both sexes except in a room intended to be used by one person at a time and whose door can be secured from the inside. The accompanying ACoP suggests that 1 washstation be provided for the first 5 employees and an additional 1 for every 25 employees above that figure. |
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22 |
Drinking Water |
An adequate supply of wholesome drinking water must be provided. Supplies must be readily accessible and conspicuously marked. Suitable cups or drinking vessels must be provided unless a drinking fountain is used. |
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23 |
Storage for Clothing |
Suitable and sufficient accommodation must be provided for non-working clothes and special clothing not taken home. Facilities must be included for drying clothes, so far as is reasonably practicable. |
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24 |
Changing Clothes |
Suitable changing facilities must be provided where necessary. |
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25 |
Resting and Eating
Non-Smokers
Pregnant Women etc
|
Suitable and sufficient and readily accessible facilities must be provided for resting. Suitable facilities to eat must be provided where food eaten in the workplace would otherwise be likely to be contaminated. Suitable and sufficient facilities should be provided where meals are regularly eaten in the workplace. Rest-rooms and rest areas must include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke. Suitable facilities shall be provided for any person at work who is a pregnant women or nursing mother to rest |