This factsheet describes the main provisions of the Workplace Health, Safety and Welfare (WHSW) Regulations not already covered in Daily Hazard No. 47 (air, light and temperature). The WHSW Regulations deal with physical conditions in the workplace. They replace the Factories Act and the Offices, Shops and Railways Premises Act on 1 January 1996 for existing workplaces; they also introduce some additional features. On the whole, they do not improve on the previous legislation and the legal rights of workers in respect of physical conditions are absolutely minimal. Many of the Regulations qualify the duties placed on employers by the phrase, "so far is as reasonably practicable," which is a get-out clause. The legal standards should be seen as the rock bottom on which improvements must be built.

Employer's Responsibility

Employers must comply with the WHSW Regulations for premises they control. Tenant employers must ensure that facilities required by the Regulations, e.g. sanitary conveniences, are provided. The facilities need not be within the employer's own workplace but it is the employer's responsibility to provide them. Landlords should ensure that common parts of buildings, common facilities, common services and means of access comply with the Regulations. Tenants should co-operate with each other and with the landlord. (Regulation 4)

Maintenance

Employers must maintain the workplace and any equipment required by the WHSW Regulations, including mechanical ventilation systems, in safe working order. Regular maintenance should be carried out, potentially dangerous defects should be remedied, and records should be maintained. (Regulation 5)

Cleaning

Workplaces should be kept clean, indoor surfaces should be capable of being cleaned, and waste material should not be allowed to accumulate outside suitable containers. Floors should be cleaned at least once a week. Cleaning should be carried out by a safe method. (Regulation 9)

Space

Workers should be able to get to and from workstations and move about freely. The recommended minimum space is 11 cubic metres per person, including the space occupied by furniture, and the minimum area is 3.7 square metres per person. More space per person may be required by the contents and layout of the room and by the nature of the work. (Regulation 10)

Workstations

Workstations must be suitable both for the users and for the work so that all operations can be performed safely. Where work can be done sitting down, a seat must be provided, together with a footrest where necessary. The particular requirements of disabled workers must be considered. (Regulation 11)

Floors and stairs

Floors and traffic routes should not have holes and slopes or be uneven or slippery. Defects in floors should be guarded against. Floors likely to get wet should have a slip-resistant coating. Leaks and spills should be dealt with promptly. There should be no obstructions particularly at any place which is likely to cause slips, trips or falls. Handrails or guards should be provided on at least one side of staircases unless this obstructs access. (Regulation 12)

Falls from Heights

Suitable measures should be taken to prevent accidents arising from falls from heights or into dangerous substances or from falling objects. This deals with the provision of fencing where there is a possibility of a fall of 2 metres, or less if there is a particular risk of injury. It also deals with covers for tanks, pits and similar structures. Safety measures when fencing and covers cannot be used are also mentioned. There is guidance on ladders, work on roofs, stacking and racking, and loading and unloading vehicles. (Regulation 13)

Windows

Transparent or translucent surfaces (e.g. windows) shall be made of safety material if necessary or protected against breakage and incorporate features to make them apparent. This refers to clear surfaces where there is a danger that someone might walk into them. If a window, skylight or ventilator can be opened, then it must be possible to do it in a safe manner. When open, the window should not create a hazard (e.g. of collision). Windows must be able to be cleaned safely. This entails either a safe method of cleaning them from the inside or the provision of safe access equipment for cleaning them from the outside. (Regulation 15 & 16)

Movement

Pedestrians and vehicles must be able to move about workplaces in a safe manner and without danger to people working near by. It should be possible to separate pedestrians and vehicles safely. Traffic routes should have suitable signs. Traffic routes include stairs, staircases, fixed ladders, doorways, gateways, crossings, loading bays or ramps. (Regulation 17)

Doors and gates

Doors and gates must be suitably constructed and fitted with necessary safety devices. These should be fitted to sliding doors to prevent them coming off tracks and to upward opening doors to prevent them falling back. Powered doors should be prevented from trapping people and if the power fails should be operable manually or open automatically. Doors which can be pushed open from either side should allow a clear view of the space close to both sides. (Regulation 18)

Escalators

Escalators and moving walkways should have safety devices and at least one emergency stop control which is easily identifiable and readily accessible. (Regulation 19)

Toilets and washing

Toilets and washstations (basins, showers) should be in adequately ventilated and lit rooms and the toilets and rooms should be kept in a clean and orderly condition. There should be separate toilets and washstations for men and women unless each is in a separate room which can be locked from the inside. Toilets need not be in the workplace or even in the building but must be available at all material times. Toilet paper in a dispenser and a coat hook must be provided. For women, suitable means should be provided for the disposal of sanitary dressings. Washstations should be provided in the immediate vicinity of toilets. Clean hot and cold or warm water should be provided (preferably running water) together with soap and towels or other suitable means of cleaning and drying. Privacy must be protected in toilets and washstations. The minimum number of facilities is specified (broadly - up to 5 people, 1 toilet and washstation; 6-25 people, 2 toilets and washstations; 1 extra toilet and washstation for each subsequent 25 people). For men a mixture of toilets and urinals can be provided. On temporary sites toilets and washstations should be provided as far as possible. On remote sites water in containers and chemical closets should be provided. Toilets should never communicate directly with a room in which food is prepared or eaten. (Regulations 20 and 21)

Water

Employers must provide wholesome drinking water and vessels from which to drink it. The water should normally be from the mains and if refillable containers are used the water should be changed daily. Drinking water taps should not be installed where contamination is likely. Drinking water or non-drinkable water should be clearly marked. Washing facilities should be provided for non-disposable cups. (Regulation 22).

Lockers & changing rooms

Accommodation should be provided for workers' clothing not worn at work and special work clothing which is not taken home. The facilities should enable clothing to be dried. Changing facilities should be provided for special clothing needed at work and to safeguard health and propriety. For the latter purpose separate facilities for men and women are needed. (Regulations 23 and 24).

Meals and restrooms

Facilities should be provided to eat meals at work where meals are regularly eaten, though your desk can count as a suitable facility. Eating facilities should enable hot drinks to be obtained or prepared. Rest rooms and areas should protect non- smokers from discomfort caused by tobacco smoke. Rest facilities must be provided for pregnant women and nursing mothers. These last two points are new and not found in previous legislation. (Regulation 25)

Action

These Regulations cover the staples of workplace safety but many employers will fail to comply fully with them and they are very rarely enforced by the authorities. Workers can protect their conditions by: * ensuring safety representatives carry out regular inspections * calling on the employer to ensure that suitable training and education is provided on health and safety * bringing all departures from the legal standards to the attention of their employers and asking for remedial action to be taken * ensuring all incidents, accidents and injuries are reported in the accident book * calling in the enforcement authorities if the management persistently fails to meet the minimum standards * organising through their union to demand satisfactory conditions

Resources

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