- Thread starter Will_s87
- Start date
cumbriasteve
Moderator
- Messages
- 9,645
- Location
- Cumbria UK
This guidance should help you first establish the risk assessment and then identify the minimum requirements to remove or reduce the risk to a minimal level.
Not all risks can be removed in a workshop environment but risk to health caused by particles or fumes is one that the H&S inspectorate expect to be removed totally, either by ventilation or breathing aids....personal protective equipment (PPE)
http://www.hseni.gov.uk/hsg129_health_and_safety_in_engineering_workshops.pdf
Not all risks can be removed in a workshop environment but risk to health caused by particles or fumes is one that the H&S inspectorate expect to be removed totally, either by ventilation or breathing aids....personal protective equipment (PPE)
http://www.hseni.gov.uk/hsg129_health_and_safety_in_engineering_workshops.pdf
Tiggy_dorset
It looks just like a bought one!
- Messages
- 1,970
- Location
- Weymouth, Dorset, UK
Are certain health and safety requirements relaxed depending on the number of employees, whether they are working self-emplyed or full time on the companys books etc?
ie. because there are only 2 workers, one being the boss, are they more responsible for their own well-being rather than relying on systems put in place?
Just curious.
ie. because there are only 2 workers, one being the boss, are they more responsible for their own well-being rather than relying on systems put in place?
Just curious.
Jan
Member
- Messages
- 884
- Location
- Rotherham, South Yorks
I would say that this section (Page 9) gives a good start on the problem and recommended guidelines for curing it.
Check: Is there a visible fume mist or haze in the workshop? Is there much visible dust from grinding, polishing or blasting?
Instant action: Check existing controls and ventilation, remedy and, if necessary, improve general ventilation.
Long term Solution: Prevent fume, mist, vapour or dust from being generated or capture it close to source before it can be breathed and remove it from the workshop.
Check: Is there a visible fume mist or haze in the workshop? Is there much visible dust from grinding, polishing or blasting?
Instant action: Check existing controls and ventilation, remedy and, if necessary, improve general ventilation.
Long term Solution: Prevent fume, mist, vapour or dust from being generated or capture it close to source before it can be breathed and remove it from the workshop.
cumbriasteve
Moderator
- Messages
- 9,645
- Location
- Cumbria UK
Are certain health and safety requirements relaxed depending on the number of employees
Basically no, the number of employees should have no effect on safety requirements and protection.
I think as soon as the word 'employee' is used then the owner is responsible for their health and safety, as well as the employee themselves of course, who has a responsibility to use any PPE supplied.
If that person is working on the premises in a self employed basis, contract, sub contract or whatever you call it the rules can change somewhat, the worker then has some added responsibility for protecting those around him, the company also has responsibility that their operations don't put that person at risk, in large companies this is usually watched over by a superintending officer.
One of my roles was as a SO, in that role I knew my way around who was responsible for what in the workplace I covered and the changes when contractors worked in the area.
I was not trained in employment law and certainly don't know everything, there may just be some 'get out clause' I am not aware of, I doubt it exists though.
Basically no, the number of employees should have no effect on safety requirements and protection.
I think as soon as the word 'employee' is used then the owner is responsible for their health and safety, as well as the employee themselves of course, who has a responsibility to use any PPE supplied.
If that person is working on the premises in a self employed basis, contract, sub contract or whatever you call it the rules can change somewhat, the worker then has some added responsibility for protecting those around him, the company also has responsibility that their operations don't put that person at risk, in large companies this is usually watched over by a superintending officer.
One of my roles was as a SO, in that role I knew my way around who was responsible for what in the workplace I covered and the changes when contractors worked in the area.
I was not trained in employment law and certainly don't know everything, there may just be some 'get out clause' I am not aware of, I doubt it exists though.
Sidewinder
Member
- Messages
- 451
- Location
- On A Whim And A Prayer
rtbcomp,
You are correct.
HSE do relax the rules for the self-employed as they are only harming themselves, they don't "have" to though.
Also, once you have employees then there is no legal leeway.
A Ltd. Co. has no-one who is self-employed, thus one of the draw backs of being a 1 person Ltd. Co. is that all H&S law applies to the Ltd. Co. even though only one employee would be the sole employee and sole share holder, however, as the Ltd. CO. is a legal entity in its own right, then thus it all applies! ;(
The OP is in mainland UK, so the site you need to refer to is: http://www.hse.gov.uk/coshh/
The PDF posted above on the Northern Ireland HSE site, appears the same however as the one issued by the mainland HSE, and will be a good starting point.
FWIW, it is the COSHH regulations your employer is contravening (primarily, amongst others I suspect), whether it is a Ltd. Co. or sole-trader (self-employed) as he has the OP as an employee.
(Yes I am sad, and yes I am a qualified and functional H&S advisor for engineering clients as part of my business activities!)
Hope this helps, probably not to be honest, as if the OP "kicks off" his boss will probably find a way to get rid of him and replace him with someone who will put up with it!
You are correct.
HSE do relax the rules for the self-employed as they are only harming themselves, they don't "have" to though.
Also, once you have employees then there is no legal leeway.
A Ltd. Co. has no-one who is self-employed, thus one of the draw backs of being a 1 person Ltd. Co. is that all H&S law applies to the Ltd. Co. even though only one employee would be the sole employee and sole share holder, however, as the Ltd. CO. is a legal entity in its own right, then thus it all applies! ;(
The OP is in mainland UK, so the site you need to refer to is: http://www.hse.gov.uk/coshh/
The PDF posted above on the Northern Ireland HSE site, appears the same however as the one issued by the mainland HSE, and will be a good starting point.
FWIW, it is the COSHH regulations your employer is contravening (primarily, amongst others I suspect), whether it is a Ltd. Co. or sole-trader (self-employed) as he has the OP as an employee.
(Yes I am sad, and yes I am a qualified and functional H&S advisor for engineering clients as part of my business activities!)
Hope this helps, probably not to be honest, as if the OP "kicks off" his boss will probably find a way to get rid of him and replace him with someone who will put up with it!
Parm
Respect The Sound System
- Messages
- 18,009
- Location
- Towcester
The COSHH regulations apply to all situations regardless of the number of employees. There is however one proviso that the regs have and that is the assessment is only required to be recorded if there are five or more employees.
The HSE at the moment are having a huge drive on control measures as part of THIER disease reduction programme. As they have no inspection budget they are now looking for material breaches in legislation during inspections and if they find any ( which they usually always do) they will recover costs under the fees for intervention laws at a rate of £150 per hour as well as any fines or notices they may serve.
If you are welding stainless or other exotic metals or using two pack paints that may contain isocyanates you are required to provide control measures to mitigate against exposure. Not withstanding this you have a social and moral responsibility both to yourself and others not to cause any ill health or harm as a result of any working activity.
I'm a specialist health and safety consultant with over 20 years experience in all forms of industry, chemical plants, nuclear power stations, heavy engineering and everything in between.
Although I work for a large consultancy organisation I'm quite happy to come see you and provide sensible advice In my own time if you cover some fuel.
If you are interested send me a private message and we can take it from there. Same applies to anyone else in the Northampton, Bedfordshire area. Full credentials can be supplied if required
Parm
The HSE at the moment are having a huge drive on control measures as part of THIER disease reduction programme. As they have no inspection budget they are now looking for material breaches in legislation during inspections and if they find any ( which they usually always do) they will recover costs under the fees for intervention laws at a rate of £150 per hour as well as any fines or notices they may serve.
If you are welding stainless or other exotic metals or using two pack paints that may contain isocyanates you are required to provide control measures to mitigate against exposure. Not withstanding this you have a social and moral responsibility both to yourself and others not to cause any ill health or harm as a result of any working activity.
I'm a specialist health and safety consultant with over 20 years experience in all forms of industry, chemical plants, nuclear power stations, heavy engineering and everything in between.
Although I work for a large consultancy organisation I'm quite happy to come see you and provide sensible advice In my own time if you cover some fuel.
If you are interested send me a private message and we can take it from there. Same applies to anyone else in the Northampton, Bedfordshire area. Full credentials can be supplied if required
Parm
