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Sick building syndrome and the law

Heating, fresh air, ventilation, lighting, cleaning, space.

Under the Health and Safety at Work Act 1974 employers have a statutory duty to ensure the health and safety of their employees at work as far as is reasonably practicable (HASAWA Section 2). The HASAW Act places general duties on all employers; more detailed requirements can be found in the Workplace Health, Safety and Welfare (WHSW) Regulations 1992, which came fully into force on 1 January 1996. They replaced sections of the Factories Act and Offices, Shops and Railway Premises Act 1963. For details see London Hazards Centre Factsheet Air, Light And Temperature, June 1995. [Superseded section of original book deleted].

Safety policies

To have a safe workplace there must be a clear plan for keeping the workplace safe. This is the safety policy. Every employer of more than five workers at a time must have a written safety policy (HASAWA Section 2). The policy must say in detail how safety is maintained. It must be kept up to date. And the employer must ensure that every employee knows what the policy says.

Accident book

All workplaces with more than ten employees (and all factories) must have an accident book where details of all accidents can be recorded by the employee concerned, or by someone on their behalf (Social Security Act 1975). The book should also be used to record any sickness possibly caused by work. (All workers could log their symptoms of sick building syndrome here to help bring the point home to management.)

Safety representatives' rights

The HASAW Act provided for the formation of safety committees and the election of trade union safety representatives. Regulations introduced under the Act in 1978 gave safety reps extensive legal rights in the workplace: they can undertake health and safety training, inspections and investigations in work time and are legally entitled to see any documents the employer holds relating to workplace hazards. The Safety Representatives and Safety Committees Regulations 1977 (SRSC Regs) provide the legal framework covering the role and rights of safety representatives.

Becoming a safety representative

In any workplace with more than two employees where a trade union is recognised the workers can appoint or elect as many safety reps as they decide are necessary to represent their interests on health and safety issues (SRSC Reg 3). (A safety rep is not a safety officer: a safety officer is a member of management.)

Functions of safety reps

These are outlined in SRSC Reg 4, and include investigating potential hazards and complaints from employees, carrying out inspections and representing members in talks with Health and Safety Executive inspectors and local authority Environmental Health Officers.

Facilities for safety reps

An employer has a duty in law to provide safety reps with the facilities they need to operate effectively (SRSC Reg 5(3)). This should include a filing cabinet, access to a desk, rooms for meetings, access to a private telephone, internal and external post, typing and duplicating facilities, and notice boards.

Inspections and investigations

Safety reps have the right to inspect the workplace at least once every 3 months (SRSC Reg 5(1)) and more often by negotiation or if there is a change in working conditions (such as the introduction of new equipment or working methods), a notifiable accident, disease or dangerous occurrence or new official information about a hazard (SRSC Reg 6). If management agrees, they can call in independent technical advisers. There is also a right to investigate hazards between formal inspections.

Information to safety reps

SRSC Reg 7 requires an employer to make available to safety reps all the health and safety information 'within the employer's knowledge'. Reps have the right to see, and make copies of, any health and safety document the employer is required to keep by law (for example, manufacturers' and suppliers' hazards data sheets).

Training for safety reps

Safety reps are entitled to take time off with pay in working hours to undergo trade union or TUC training courses. Reps should be trained in all aspects of the job, including the law, understanding hazards and how to eliminate them, using specialist information sources and conducting safety inspections and investigations. In addition, an employer should ensure reps are trained in the particular technical hazards of the workplace and on how health and safety structures operate.

Safety committees

Under the HASAW Act (Section 2(7)) the function of a safety committee is described as keeping under review the health, safety and welfare of employees. New safety committees are easy to form: where two or more safety reps request in writing that an employer establish a safety committee it must be formed within 3 months of the request being received (SRSC Reg 9). The regulations also put a duty on an employer to consult with safety reps and trade unions as to how the committee shall function, who will sit on it, and what work the committee will do.

Calling in a health and safety inspector

Where workers believe there is a health hazard or need information, they have the right to call in an inspector from the Health and Safety Executive or from the local authority's Environmental Health Department (which is usually responsible for offices) to make an investigation on their behalf and, if necessary, to instruct their employer to make changes.

European Commission requirements

In January 1993, a European Commission (EC) Directive on minimum health and safety requirements in the workplace will come into force. As far as factors contributing to sick building syndrome are concerned, the provisions for ventilation, heating and lighting add little to requirements already existing in the UK under the Offices, Shops and Railway Premises Act, although in Article 6 special reference is made to the need for regular cleaning of air-conditioning and mechanical ventilation systems to an adequate level of hygiene.

The requirements on ventilation state that, in all workplaces, there must be sufficient fresh air and that forced ventilation systems must be maintained in good working order. Air-conditioning or mechanical ventilation systems in 'new' workplaces (those used for the first time after 31 December 1992) must operate in such a way that workers are not exposed to draughts which cause discomfort.

Article 7 of the Directive states that all workers and/or their representatives shall be informed of all measures to be taken concerning health and safety in the workplace.