POLICY FOR HEALTH AND SAFETY AT WORK

The Health, Safety and Welfare of Employees is of prime importance to M. Zagorski and is essential to the efficient operation of his undertakings. M. Zagorski will take all responsibility to ensure the Health, Safety and Welfare at work of its himself and any of his contractors or employees by providing;
(a) A safe working environment by the provision of design, construction, operation and maintenance of all plant, equipment and facilities without risks.
(b) Safe systems of work.
(c) Adequate instruction, information, training and supervision.
(d) Control of all situations likely to cause damage to property and equipment.
(e) Effective facilities for the treatment of injuries which occur at work.
(f) Ensure that Company operations do not put persons who are not employees at risk.
(g) Ensure that there exists adequate facilities for consultation between management and employee representatives.
(h) The making of such tests, examinations and assessments as necessary to control risk within the working environment.
(i) Will ensure, during contract tendering, that adequate resources are apportioned for health and safety management reasons.

M. Zagorski expects all contractors and employees to conform to this policy and to comply with the relevant sections of the "Health and Safety at Work Act 1974" and other pertinent Health and Safety Legislation and to exercise all reasonable care for their own health and safety and that of others who may be affected by their acts or omissions.


INTRODUCTION

The purpose of this Information is to provide an overview off mainstream current Health and Safety Legislation as it applies to the self employed person.

It contains the legal view of how to establish if a person is actually Self Employed. This becomes important when establishing legal responsibility's particularly if the self employed person is actually working, possibly under contract, for someone else or, as in the case of M. Zagorski when employing contracted self employed persons.

The information gives brief outlines of the more pertinent legislation highlighting the self employed person's responsibility's. It recognises the difficulty of trying to wade through volumes of acts and regulations but it must be remembered it is not exhaustive. Should any particular problems arise then reference should be made to the relevant legislation.


MEANING OF SELF-EMPLOYED

Under section 53(1) of the Health and Safety at Work Act 1974, a 'self-employed person' is defined as 'an individual who works for gain or reward otherwise than under a contract of employment, whether or not he himself employ's others". Effectively, this refers to someone who undertakes paid work for someone else, but who is engaged under contract to provide services as an independent contractor rather than as a an employee of the organisation. The difference between the two are not readily ascertainable from statute. Sec.53(1) purely refers to an ,employee' as "an individual who works under a contract of employment" and defines the latter as being "a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing)"; sec. 153(1) off the Employment Protection (Consolidation) Act 1978 defines a contract of employment as being a contract of service. So it has been left up to the courts to draw the distinction between the self-employed and employees by determining, through the use of specific tests, whether the worker is engaged under a contract for services or a contract of service.

In the past, the degree of control exercised by the employer over the work which us carried out has been the traditional test. Whereas an employee is normally told what to do, and how and when to do it, self-employed workers are in charge of their own affairs and are usually engaged to complete a particular job using their own discretion as to how it is done. However, although this test is still adequate to decide the status of the more simple employment situations, it can be unrealistic when dealing with the more specialised working relationships - many %employees' carry out their duties using their own skill and judgement having been given minimal instructions by the employer. The ambiguity has led to the test of organisation or integration. In other words, is the worker accessory to the business (implying self-employment) or integrated with it (implying employee status)?

However, this too has its disadvantages when in isolation and, more recently, the approach to distinguishing self-employment has been through the use of the multiple test. This involves looking at all aspects of the employment relationship to determine on balance whether or not workers are in business on their own account. In other words, is the worker an entrepreneur rather than an employee? Certain factors, such as control and integration, can be looked at to determine whether they are consistent with the contracts nature. These will include the following:

- the obligations of the parties: where there is no obligation on the employer to provide work and none on the worker to accept it, this will imply a contract for services, as mutual obligation is a characteristic of a contract of employment

- the regularity of working: where jobs are undertaken intermittently this will imply self-employment, whilst a continuing relationship built up over a long period of time will imply a contract of servic

- the involvement of third parties: if individuals are free to undertake jobs for other people and/or to delegate work to their own staff this can indicate self-employment

- the form and method of payment: a fee paid without deductions in response to an invoice issued by the worker indicates a contract for services, whereas a wage or salary, paid at regular intervals with PAYE deductions and accompanied by pay slips suggests a contract of service. Payment for holidays and sickness will also be indicative of an employer/employee relationship

- the provision of materials and equipment: where workers supply their own tools, materials, and so on, the contract is not normally one of employment (though this is subject to certain exceptions)

- the intentions of the parties: this factor will only be decisive where other factors have been considered and the position remains ambiguous. It is important to note that even in cases where the parties have agreed on one particular label, e.g. self-employment, and this has been approved by bodies such as the Inland Revenue and the DSS, it will not automatically mean that the worker is self-employed in law. All the factors of the relationship must be considered objectively to determine there consistency with the contract's nature.


HEALTH AND SAFETY AT WORK ACT 1974 (HSW)

The Health and Safety at Work Act 1974 imposes specific duties on the self employed. In particular, self-employed persons must ensure that their work does not put themselves or others at risk; s.3(2) provides: "It shall be the duty of every self- employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not exposed to risks to their health and safety." Although the persons own employees are excluded from this section, if self-employed persons have employees of their own, they are under the same duty as any other employer to ensure the health and safety at work or their employees (s.2 of the Act)

Section 4 and 5 of the Act deal with non-domestic premises and certain prescribed premises respectively. These sections will apply to self-employed persons if they are in control of any of the premises concerned. Section 6, which imposes duties on designers, manufacturers, importers, suppliers, (and others) may also apply.

Section 8 says that "No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety and welfare in pursuance of any of the relevant statutory provisions". As the wording here is "no person" and not "no employee", these provisions also apply to the self-employed.

Most of the Regulations made since the 1974 Act apply to the self-employed; however, some are likely to be more relevant than others.

EXAMPLES

'ACCIDENTS' 'FIST AID'
'AGRICULTURE' 'LEAD, CONTROL OF'
'ASBESTOS' 'MANAGEMENT OF HEALTH AND SAFETY'
'MANUAL HANDLING' 'DISPLAY SCREEN EQUIPMENT'
'NOISE' 'ELECTRICITY'
'PERSONAL PROTECTIVE EQUIPMENT' 'EXPLOSIONS AND EXPLOSIVES'
'FIRST AID' 'PRESSURE SYSTEMS'
'SAFETY SIGNS' 'PROVISION AND USE OF WORK EQUIPMENT'
'WORKPLACE REGULATIONS' 'CONSTRUCTION (HEALTH, SAFETY & WELFARE)'

 


SAFETY INFORMATION
SELF EMPLOYED (Legal requirements)

REPORTING OF INJURIES, DISEASES AND DANGEROUS OCCURRENCES REGULATIONS - RIDDOR

The main requirements of the Regulations are the reporting of death, specified major injury or condition, or over 3 day injury resulting during normal working activities.

With regards to who should report the accident, it is the responsibility of:-

a. If the accident or injury occurs in somebody else's premises, the occupier or owner should report it.

b. If the accident or injury occurs on the self employed persons premises, and is to himself, it is his or his agent's responsibility to report it.

c. If the accident or injury occurs on the self employed persons premises and is to a member of the public then it is the self employed persons responsibility to report it.

With the case of a death, a report should be made immediately to the local H.S.E. Office with a written report following within 10 days. If it is an accident a report should be made within 10 days of it becoming notifiable.

There is a written list of what constitutes a notifiable injury, but the main points are - if the injured person is hospitalised for 24 hours or more, if they are prevented due to the injury from returning to their normal work for 3 or more days. A list of notifiable diseases and dangerous occurrences can also be found within the Regulations.

It is preferable that reports be made on Form 2508 for injury and Form 2508A for diseases. These may be obtained from the H.S.E. Any accident that happens during work activities should be recorded as a matter of good working practices.

CONTROL OF ASBESTOS AT WORK REGULATIONS - C.A.W.R.

It is a requirement under these Regulations that any work dealing with Asbestos or products containing Asbestos should be assessed regarding risk and likely exposure to free fibres.

Following the assessment, a systems of controls should be instituted. This usually means working practices and can include the use of engineering controls, mechanical ventilation and personal protective equipment. If these controls are used then there is a need for instruction, maintenance and inspection during their use.

If the work is to include removal of asbestos, only licensed contractors should be used.

It is a requirement that the H.S.E. or Local Authority should be informed of any Asbestos removal work and they should also be supplied with a plan of work. This plan addresses their particular activity and its relevant needs.

CONTROL OF SUBSTANCES HAZARDOUS TO HEALTH - C.O.S.H.H.

This set of Regulations is part of a whole set dealing with use, transportation and supply of substances that present harm during their use.

Under Regulations aligned to C.O.S.H.H. certain substances are classified as harmful. These classifications are usually displayed on the product itself. This display is generally by a sign printed in black over an orange square background, or a letter prefix. These are:-

1. Very Toxic T+ Skull and Crossbones
2. Toxic T Skull and Crossbones

Note that there is no difference in the sign, only in the letter prefix

Their written definitions are:-

Very Toxic
Substances and preparations which in very low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin.
Toxic
Substances and preparations which in low quantities cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin.
3. Harmful Xn A black cross
4. Irritant xi A black cross

Note again that the symbol is the same but the letter prefix is different.

Their written definitions are:-
Harmful Substances and preparations which may cause death or acute or chronic damage to health when inhaled, swallowed or absorbed via the skin.
Irritant Non corrosive substances and preparations which, through immediate, prolonged or repeated contact with the skin or mucous membranes, may cause irritation to them.

5. Corrosive
c A black object and hand being burnt by dripping liquid

The written definition is:-
Corrosive
Substances and preparations which. may on contact with living tissues, destroy them.

Other substances are those that can induce or encourage cancers. Dusts, fumes, mists etc. produced by work activities and substances that can produce mutagenic or genetic effects.

The Regulations requirements on the self employed is that if any of the described substances are used in the course of their work then they must assess the risk involved. They must then institute any necessary controls, inspect and maintain them and receive or give instruction in their use. These actions should be kept in retrievable records. Usually this is in the form of a book or binder that includes a list of the substances, safety data information and a record of assessments, findings and actions.

MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS -
M. H. S. W. R.

With regards to the self employed the actual written requirements are very brief.

It states that every self employed person shall make a suitable and sufficient assessment of the risks he or she is exposed to whilst at work and also assess the risks to persons not in his employment arising from his actions and undertakings.

This will obviously affect the general public.

Any assessment must be reviewed should there be a significant change in the matters relating to it.

The results of the assessment should show that any decisions were taken in the light of current knowledge and as far as reasonably practicable, in most cases, the best possible decision.

This style of regulatory requirement is reflected in most of the recent legislation and it is felt that the M.H.S.W.R. can be used as a mainstream risk assessment that will branch into more specific risks which can be looked at more critically through other legislation e.g. if a Manual Handling risk is highlighted then an assessment under the Manual Handling Regulations is required.

A list of these Regulations and what they require is shown below.

MANUAL HANDLING REGULATIONS - M.H.R. (as above)
Require assessment of the risk, control of the risk, instruction, training and maintenance of any controls.

DISPLAY SCREEN EQUIPMENT REGULATIONS - D.S.E. OR 'V.D.U.' REGS

Again if a self employed person is classified as an 'operator', asks for assessment of the risk at the workplace, controls or suitable equipment and training and instruction. The Approved Code of Practice gives a description of an ideal work station.

NOISE AT WORK REGULATIONS - N.A.W.

If noise is a problem, then an assessment needs to be made of its risk to whoever is affected by it. Again instruction and maintenance are also required.

It could be considered that C.O.S.H.H. is of this style too but as it is an involved topic and piece of legislation, it is not mentioned here.

PROVISION AND USE OF WORK EQUIPMENT REGULATIONS - P.U.W.E.R.

The application of these Regulations is exactly the same for the self employed as the employer.

Its basic requirements are that all equipment supplied to perform the work task is sufficient and suitable for the task. It should be inspected and maintained. Its construction should conform to agreed British or European Standards and its use should be in accord with the manufacturer's instructions or relevant legislation. Operators should be trained not only in its use but also any dangers involved in its use, therefore, the operator and anybody affected by its operation should be fully protected by safety systems. It must be remembered that Work Equipment can cover the most sophisticated machine tool to a simple hammer. In one recently decided Court Case, a paving slab was described as a piece of work equipment.

PERSONAL PROTECTIVE EQUIPMENT REGULATIONS - P.P.E

This is essentially a very simple piece of legislation. It asks that if it has been decided that P.P.E. should be worn, then the self employed person will ensure that he is provided with it, knows how to use an maintain it, know the reasons why he is wearing it and can be assured that it is suitable and sufficient for the task.

P.P.E. can cover anything from a pair of gloves, through respiratory protective equipment to a complete space suit type of protection.

Other pieces of legislation cover certain pieces of equipment i.e. Noise at Work - Ear Muffs

Construction (Head Protection) Regulations - Hard hats Various Regulations regarding boots Blasting of Castings - Helmets, hoods, gloves and overalls etc.

These Regulations designate or define when and where certain items of body protection should be worn whereas the P.P.E. Regulations is more concerned with the supply, quality and condition of P.P.E. in use.

PRESSURE SYSTEMS AND TRANSPORTABLE GAS CONTAINERS REGS 1989

These Regulations concern systems that have a minimum of 2SOL, held under a pressure of more than .5 bar, of stored energy i.e. steam compressed gases need to have a written scheme of maintenance. This needs to be produced by a Competent Person and carried out by competent people.

Although these Regulations are obviously aimed at concerns that use large steam or compressed air systems, the self employed person should be aware that he will possibly need to comply and so should seek advice.

One requirement that is easily fulfilled is that of stating on an Air Receiver its maximum or safe working pressure.

HEALTH AND SAFETY (FIRST AID) REGULATIONS

The main application of this to the self employed is that he should provide adequate and appropriate equipment so that he might render First Aid to himself.

However, it would be appropriate that, if others work with him, he or someone nearby was capable of taking charge of an accident or injury situation.

ELECTRICITY AT WORK REGULATIONS - E.A.W.

These Regulations apply equally to self employed persons as to an employer.

They are obviously concerned with the safe use of electricity and deal with insulation, earthing, environment, suitability of systems, safe working practices and the competence of people working on electrical systems. The requirements are at times described as absolute and at other times qualified as reasonably practicable. Reasonably practicable can be understood as the best possible decision made concerning current knowledge, cost, and effect against the foreseeable risk.

In general terms the Regulations ask that electrical systems be designed to be fit for the task. This covers the amount of power or electricity to be handled by the system, where the system is and how it is to be used. It should be fully protected by insulation and correct placement and be protected from excess current. Any system should be fitted with a means of it being isolated whether the whole system or any appropriate part of a system e.g. any electric motor should have its own isolating means of disconnection from its supply. With regards to actually working on electrical systems, the Regulations lay down requirements for live and dead work, proper connection work, ample room around supplies and the competence and style of anybody working with electricity.

One of its main effects on industry has been the need to maintain portable electrical equipment involving having scheduled periods, according to use, of inspection and testing and the keeping of records covering this. With regards to electrical installation work, the Regulations rely heavily on the standards as set out in the Regulations for Electrical Installations (current edition) as produced by The Institute of Electrical Engineers.

RISK ASSESSMENT (SELF EMPLOYED)

Many pieces of Health and Safety legislation require that risk assessments be performed. This applies equally to the self employed although there is not a requirement to actually record them. However if a Self Employed person is asked to show proof of an assessment having been done actually keeping some kind of record will help.

A risk assessment tries to achieve a proactive approach to Health and Safety. A critical analysis is made of the tasks performed or activities engaged in, looking at possible perceived risks. Once these risks are identified then steps are taken to control or reduce these risks.

Undertaken properly all concerned will understand the risks involved in their tasks, what steps are taken to control them and why they should be taken before they become a problem.