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Unit / Module Title Health, Safety and Welfare

Unit / Module Code 04C

To be marked by Richard Brett

Assignment Title & No. 2. Report

Hand in Deadline 22nd April 2016 Word count 3692

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REPORT
 CONTENTS

Differences between RIDDOR and Gas Safe…………………….pages 1, 2

Health and Safety policy and recommended implementation…..pages 2, 3
Obey the law and follow the rules………………………………….pages 3, 4
Table with fines and convictions……………………………………page 4
Project Management Plan…………………………………………..page 5
Site setup……………………………………………………………...page 5
Temporary works……………………………………………………..page 5
Site security…………………………………………………………...page 5
Traffic movement……………………………………………………..page 6
Materials storage……………………………………………………..page 6
Fire safety……………………………………………………………..page 6
Utility services…………………………………………………………page 6
Demolitions…………………………………………………………….page 7
Excavations…………………………………………………………….page 7
Work at height…………………………………………………………page 7
Waste disposal………………………………………………………...page 8
Environmental considerations………………………………………..page 8
Persona Protective Equipment(PPE)……………………..…………page 8
Welfare facilities………………………………………………………..page 8
Emergency services…………………………………………………...page 9
References…………………………………………………………….page 10
Picture 1, Picture 2……………………………………………………page 11
Picture 3………………………………………………………………..page 12
 Differences between RIDDOR and Gas safe

Gas safe is an approved code of practice issued by the HSE, but not necessarily
prepared by the HSE, for the purpose of providing practical guidance on regulations as
recognised in section 16 of the HASWA 1974. (Legislation.gov.uk, 2016). An ‘ACOP’ is a
quasi-legal (semi-legal) document. And although it doesn’t constitute a breach of the law, in
the case of non-compliance, the contravention of the Code will be accepted as evidence of
failure to comply with the law and used by a prosecutor against the defendant. Who in turn,
can also use it in his defence to demonstrate the court that he employed other means to
comply with the law and is actively adhering to recommended standards by undertaking
works with a different approach or methods on a similar standard.
Even though the ACOP has been withdrawn once the new CDM 2015 came into force,
there is a general preference in the construction industry to take this into account as it was
proven that acting within the limits set in the Code can keep troubles away by reducing the
chances of failure to comply with the law.
To resume, anyone working with gas ,including those who install, service, maintain or
repair gas appliances and other gas fittings, and is adhering to the “Gas Safety (Installation
and Use) Regulations 1998 Approved Code of Practice and guidance” issued by the HSE as a
practical advice for gas safety, will comply with the law.
At the opposite end, there are the regulations issued by the HSE, which elaborate about
the health and safety law as in HASWA 1974. In the above example, there is a chance to
prove the Court that no wrongdoing has been committed, failure to comply with the
regulation may lead to prosecution with significant fines and imprisonment.
RIDDOR - Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013,
is a piece of legislation which puts duties on employers to report certain serious workplace
accidents, occupational diseases and specified dangerous occurrences (near misses). An
employer may well be a company or a self-employed. Any person in charge is responsible
for the reporting of serious incidents that occur in the workplace. (Hse.gov.uk, 2016)
Although the types of injuries or incidents that need to be reported are very clear, the
paragraph referring to the death of a person might be confusing, when it advises that all
such tragic events must be reported except suicides: “All deaths to workers and non-
workers, with the exception of suicides, must be reported if they arise from a work-related
accident, including an act of physical violence to a worker.” (Hse.gov.uk, 2016)
When something like this happens, first and foremost, there will be a criminal
investigation and the place where the event occurred would automatically be set as a crime
scene. In this particular example of fatality, until proven other than a work-related death,
the exception can be taken in the account only after it has been established and concluded
as a suicide, which can take more than the required ten days to be reported, especially
when no witnesses were present. Therefore, this exception may be misleading as all work-
related fatalities must be reported immediately. Another example of death that needs to be
reported is one that occurred within a year caused by a recorded or not accident, under
regulation 4. However, all the incidents must be kept in an accident book for at least three
years at the workplace or offices of the employer.
Details of events under regulation 4 to 7 must be held as described in Schedule 1,
Regulation 12, paragraphs 5 to 11:
• Full name of the person involved;
• Occupation or status, if the person involved is not a worker on site;

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• Type of Injury;
• The place and date of the occurrence;
• When the relevant authority has been notified and how;
• A brief description of the circumstances in which it happened.
Types of reportable incidents are listed in detail in the ‘Reporting of Injuries, Diseases, and
Dangerous Occurrences Regulations 2013’ and they can also be found on the HSE website.
(Hse.gov.uk, 2016)

Health and Safety Policy and recommended implementation

Following Lord Robens 1970’s report regarding the health and safety of people at work,
the HSWA 1974 was enacted. In this Act of Parliament, it is stated that all Health and Safety
Policies must contain three sections to encourage employers to become self-regulating
rather than relying on enforcement alone. If guidance is usually followed, anyone should be
in theory complying with the requirements of the law. (Hughes and Ferret, 2016) describes
the must have three sections a Policy should contain as required by the HSE:
1. Statement of intent which should include the aims and objectives of the organization or
company.
2. Organization of health and safety his section of the policy defines the names, positions,
and duties of those within the organization or business who have specific responsibility for
health and safety.
3. Arrangements for health and safety policy which gives details of the specific systems
and procedures used to assist in the implementation of the policy statement

An organisation’s health and safety policy must meet and address certain aspects to comply
with the current legislation, and be continuously revised as various issues arise along the
way.
An important role in maintaining a proper standard is the implementation of regular
training, as well as information and advice through site inductions, regular toolbox talks,
relevant information and instructions or method statements on particular tasks.
The management is directly responsible for allocation of responsibilities regarding
operative’s competency to undertake that task. He must ensure that one is capable and
competent to carry out an assigned job without risks, and must assess all possible risks and
hazards so he can take all necessary measures to reduce or eliminate them from start to
completion.
Failure to adjust the method statement and risk assessment to the specific requirements of
the site will eventually lead to the failure of achieving their health and safety policy
standards, only because it is generalised. The long hand of the law obliges management to
comply regarding legislation, but the reality on site, moreover, does not reflect the policy
itself which can be characterised as poor management by employing specialised firms to
produce the plan.
When preparing a method statement, the person in charge must take in the account a series
of aspects specific to that job. Where the possibilities of eliminate the risks and hazards are
missing, other measures of control are at hand, by appointing the right persons to
undertake that task as mentioned above, and taking some common sense in the account.

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Where a scaffolder handles a five-metre long pole at a considerable height weighing more
than the recommended manual handling of a load wouldn’t make an HSE inspector happy.
But in agreement with the Manual Handling Operations Regulations 1992 that came into
force on 1 January 1993, these regulations “set out a hierarchy of measures which should be
followed to reduce the risks from manual handling. These are defined in regulation 4(1) and
are as follows: (a) avoid hazardous manual handling operations as far as is reasonably
practicable;
(b) Assess any hazardous manual handling operations that cannot be avoided, and
(c) Reduce the risk of injury so far as is reasonably practicable.” (Manual Handling
Operations Regulations 1992, 2004)
The length also adds difficulty to manually handling that pole exceeding the
recommended weight. Therefore, no arguments there to give that task to anyone but a very
well trained, competent and experienced operative. He is also subsequently responsible in
turn towards other people working on site as mentioned in section 7 of the HSWA 1974.
(Legislation.gov.uk, 2016)

Obey the law and follow the rules

The law regarding health and safety is split into two subdivisions which are criminal and
civil law.
Section 2 of the HASWA 1974, under General duties, states that responsibility clearly
lies with the employer for ensuring “so far as reasonably practicable, the health, safety and
welfare at work of all his employees” (Legislation.gov.uk, 2016)
(Hughes and Ferret, 2016) Explain that if someone breaks the criminal law, he/she will
be prosecuted and if found guilty, the court could sentence him/her to a fine or
imprisonment. For the latter to happen, the court will need proof ‘beyond reasonable
doubt’ before sentencing and possibly awarding compensation for the victim or injured
party, although the prime object of the court is the allocation of punishment. The bodies
enforcing the criminal law under the Health and Safety at Work Act 1974 in the United
Kingdom are the Health and Safety Executive (HSE) and the Local Authority Environmental
Officers (EHO). However, there are other agencies who have the power to enforce criminal
law, such as Fire Authority, the Environment Agency or Trading Standards.
(Hughes and Ferret, 2016) Also, show the difference between “procedures for
criminal cases in general and criminal cases involving health and safety. The prosecution in a
criminal case has to prove the guilt of the accused beyond reasonable doubt. While this
obligation is not totally removed in health and safety cases, Section 40 of the HSW Act 1974
transferred, where there is a duty to do something ‘so far as is reasonably practicable’ or ‘so
far as is practicable’ or ‘use the best practicable means ’, the onus of proof to the accused to
show that there was no better way to discharge his duty under the Act.”.
Section 20 of the HASWA 1974 confers total powers to the appointed inspectors
under the provisions of section 19, to exercise actions in regards to a breach of health and
safety detailed in subsection (2) under paragraphs (a) to (m).

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 A health and safety inspector can gain access to any premises at any time if he/she
has reasons to believe there has been a breach of criminal law, or there are certain aspects
likely to cause danger to health and safety. He/she is rightful to ask help from the Police in
the event of his/her actions are obstructed, and even make use of any necessary tools or
equipment to gain access to the premises.
Depending on the level of danger or non-compliance with the law, the inspector can
issue:
- An improvement notice, where the work can continue and improve
irregularities that caused the issuing of the notice,
- A prohibition notice, in which case the work must stop and may come as a
consequence for not obeying to the requirements of the inspector, which will cause loss of
money through the delay incurred, plant hire and wages, and also significant fees charged
for the investigation to take place.
An inspector has the right through the power conferred by the enforcing authority to
analyse any relevant documents or copy them, will be submitted as evidence in the event of
a serious breach of the law, should the case end up in a Court. The table below gives an idea
about the types of punishment a contravention may incur in case of breaching the law.

Contravention Magistrates Court Crown Court

Any H & S Regulation
Attempting to/preventing a
person speaking to Inspector
Contravention of a prohibition
or improvement notice
obstruction
False statement
False entry in register
Use a document with intent
to deceive
Unlimited fine and/or 6 Unlimited fine and/or 2 years
months imprisonment imprisonment
Unlimited fine and/or 6 Unlimited fine and/or 2 years
months imprisonment imprisonment
Unlimited fine and/or 6 Unlimited fine and/or 2 years
months imprisonment imprisonment
Unlimited fine and/or 6 Summary only
months imprisonment
Unlimited fine and/or 6 Unlimited fine and/or 2 years
months imprisonment imprisonment
Unlimited fine and/or 6 Unlimited fine and/or 2 years
months imprisonment imprisonment
Unlimited fine and/or 6 Unlimited fine and/or 2 years
months imprisonment imprisonment

Impersonating an inspector Unlimited fine Summary only

Any other offence under Unlimited fine and/or 6 Unlimited fine and/or 2 years
existing statutory provisions months imprisonment imprisonment
(Hse.gov.uk, 2016)

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Project Management Plan
Under CDM Regulations 2015, everyone involved in a project, from client to worker, has
a duty to comply with the law from incipient stages starting with the pre-construction phase
plan to completion. In the development subject to this report, some construction operations
will require careful planning and control.
A junior school and playing fields neighbour the development on the eastern side, Kings
Road and a four-storey office block at north, a comprehensive school on the north-west,
authority housing on the south-western side and another office block at the south.
A public footpath surrounds the land. An inner wall and an external wall filled in between
with grass and vegetation delimitate the proposed development perimeter, except the east
side where the damaged outer wall needs to be repaired and recapped to 1.75m in height.
The corner formed at the south western side by the external wall will be demolished and
rebuilt to exclude the existing trees as shown in the drawing.

Site setup

Temporary works
• Electrical, gas, water and sewer services will be suitably located, checked regularly and
clearly indicated with the appropriate signage. Overground power cables will be run on
poles, to avoid obstruction of plant, vehicles or pedestrians. Warning signs shall be installed
to indicate clearly their position.
• Scaffolding to be erected by specialised, experienced and trained operatives in
agreement with Working at Height Regulations 2005 and Regulation 9 of CDM 2015
• Excavations with the provision of battering and supports to ensure it won’t collapse
(Regulation 22). These will include the excavation of the trench for connecting to the foul
water system where a temporary one-way system with traffic lights will be required as it will
cross the Kings Road. Protective barriers and appropriate signage including traffic signage
will ensure safety around the works.

Site security

• It is recommended to erect the hoarding made of exterior plywood on timber framing,

outside the perimeter formed by the external wall because some repairs to it and
demolitions, will be undertaken. Appropriate signage will be displayed along the fence and
at the entrance gate which will be located on the northern side off Kings Road, which will
have to be secured and locked with appropriate notices posted (Regulation 18) and with
separate access and egress for vehicles and pedestrians.
• The security is intended for the members of the public as well as for the construction
site. Some deterrents should be installed to prevent children or discourage any criminals of
entering the premises, such as CCTV or alarms.

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• The site must be kept in a state of cleanliness at all times to prevent accidents. Any
excavations should be fenced off or covered, and appropriate signage shall be displayed,
dangerous substances shall be stored and locked in a designated area, plant and tools
secured when not in use, all sectors to be tidy to prevent any falls. Any vehicles exiting the
site will have their wheels jet washed.

Traffic Movement

• Under regulation 27 of CDM 2015, all vehicles routes must be indicated by “suitable
signs where necessary for reasons of health or safety”. Dedicated routes for vehicles,
separated from those reserved for pedestrians, and the presence of a banksman to control
safe movement for vehicles, plant, and pedestrians. Routes will be marked with different
colours, usually blue for pedestrians and red for vehicles, they will be regularly checked and
properly maintained. The banksman will also ensure safe movement of vehicles exiting the
site to protect members of the public outside premises. He will ensure all loads are safe, to
ensure danger of falling objects and dangerous movements are eliminated (Regulation28).
• The traffic management plan shall take in the account the immediate vicinity of the two
schools described above regarding the timing of deliveries and movement of vehicles and
plants. The significant earth volume resulted from excavations for the underground parking
will see an intense traffic of the vehicles that will dispose of it.

Materials storage

• Storage of dangerous and flammable substances in designated areas will be arranged in

agreement with the COSSH Regulation 1988.
• Fuel containers for plants shall be kept confined in other containers to avoid spillage.
• Aim for a ‘just in time’ delivery of materials to prevent loss through damage by storing
them on site for too long.

Fire Safety

• In line with paragraph (6) from Regulation 32 of CDM 2015, persons undertaking work
where is a risk of fire, must be suitably trained and instructed, usually being issued a permit
to work. Under Regulation 32, construction sites must provide suitable and sufficient fire-
fighting equipment and alarms such as mobile fire points (see picture 1), and fire detection
systems

Utility Services

• Cables overhead put on goalposts in such way that nobody and no machinery or plant
gets in contact with them, and all other services must be scanned, located and marked
• Transformers will be made available with 110 V electricity in the interest of safety.

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Demolitions

• Under Regulation 20 paragraphs (1) and (2) from CDM 2015, planning of demolition
must be recorded in writing before it starts, and carried out in such a manner, to prevent
danger or at least reduce it as low as is reasonably practical. According to (Hughes and
Ferret, 2016), “Demolition is one of the most hazardous construction operations and is
responsible for more deaths and injuries than any other activity.”
• A pre-demolition survey and investigation for the demolition of the boiler house will
highlight hazards such as:
- Noise and vibration
- Buried services such as electricity, water, and gas
- Neighbours (the junior school at Eastern side)
- Dust
- Manual handling
- Traffic and pedestrian routes (movement and overturning of plant)
- Plant and equipment
• For the demolition of the corner wall
- All of the above
- Traffic and members of the public. The western public footpath will need to be
redirected with barriers and appropriate signage

Excavations
 All aspects required to comply with the law are covered in Regulation 22 of CDM
2015.
 In this project, there is no danger to other structures caused by excavations, except
the new wall adjoining at the south-western corner as detailed above. The
excavations for its foundation will be done in such a manner that won’t affect the
existing remaining walls at south and west of the perimeter.
 In line with paragraph (1) of Regulation 22, excavations will be battered and
supported. However, because the development will provide an underground parking
for the three storey building, the system of support will be complex and will look
similar to the example shown in picture 2. These works will impose a very well
planned traffic management and sequence of work, due to the massive amount of
earth that will be removed from the site as mentioned in the traffic movement
section above.

Work at height

• The law requires the contractor to make sure work is properly planned, supervised and
carried out by competent people. These measures include using the right type of equipment
for working at a height under Regulation 5 of The Work at Height Regulations 2005.
(Legislation.gov.uk, 2016)
• For the office block Erection, alteration, and dismantling of all scaffolding structures
(basic or complex) should be done under the direct supervision of a competent CISRS ticket
holder and in line with regulation 19 of CDM 2015 which refers to the stability of structures

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• The factory will be erected with the help of a crane and people working from MEWPs,
cherry pickers and scissor lifts, holders of a competence card such as IPAF.

Waste Disposal

• Earth resulted from excavations will be transferred if possible to other sites which would
require infills.
• Hazardous and toxic waste, such as asbestos (if present) will be sorted and dispose of
with the help of licensed waste removers in line with requirements set by the Environment
Agency (Gov.uk, 2016)

Environmental Considerations

• Due to the significant amount of work which will involve the use of heavy machinery
erecting sound barriers such as Heras Acoustic barrier, is highly recommended where
possible (picture 3).
• Using quieter equipment and restricting the use of noisy machinery to late morning or
early afternoon is recommended. Regular road sweeping or jet washing vehicle wheels
leaving the site will reduce mud on surrounding roads.
• Posters and signs will be clearly displayed on the site and the induction will inform the
workforce of the requirements.
• Dust will be kept at minimum through damping or use of vacuum extractor enabled
machinery where possible
• Control of fuel spillages and controlled disposal of dangerous and toxic substances to
eliminate ground, water, and air pollution.

PPE

• All personnel will wear suitable protective equipment depending on the tasks
undertaken with a minimum of hard boots, hard hats, high visibility vests, eye protection
and gloves when on site, except the welfare facilities area, at all times. Depending on tasks,
other PPE such as special respiratory protection, goggles, ear defenders, lanyards, special
gloves, wellington boots or overall clothing protection must be worn.

Welfare facilities

• Under Regulation 4 of CDM 2015, Part 2, the client has a duty to provide services for any
construction worker in line with Schedule 2:
- Sanitary conveniences suitable, accessible, ventilated, lit and clean, separate for men and
women (paragraph 1). (Hughes and Ferret, 2016) suggest a ratio of 1 to 25 persons should
be sufficient.

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- Washing facilities including showers if required. They must be near sanitary and changing
rooms, supplied with cold and hot water, soap and towels or hand dryers.
- Drinking water must be clearly marked as drinkable and cups should be provided
- Changing rooms and lockers in sufficient numbers with seats so workers can change their
clothes, dry them if necessary or lock their personal effects
- Restrooms that are maintained at appropriate temperatures, and be equipped with
adequate numbers of chairs and tables, boiling water facilities and a minimum of suitable
arrangements for preparing and eating meals.

Emergency services

• Under Regulation 9 of The Management of Health and Safety at Work Regulations 1999,
the management will ensure that contacts with external services regarding first-aid,
emergency medical care and rescue work will be arranged. (The Management of Health and
Safety at Work Regulations 1999, 1999)
• Management will appoint a qualified and trained first aider, and will identify the nearest
hospital for emergencies

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References

Gov.uk. (2016). Dispose of business or commercial waste - GOV.UK. [online] Available at:
https://www.gov.uk/managing-your-waste-an-overview/sorting-storing-waste [Accessed 21
Apr. 2016].

Hbf.gobeltech.com. (2016). [online] Available at: http://hbf.gobeltech.com/wp-

content/uploads/St.-Marys-Shoring_640x480.jpg [Accessed 21 Apr. 2016].

Herasreadyfence.co.uk. (2016). Acoustic Sound Fencing | Heras Fencing | Heras

Readyfence. [online] Available at: http://www.herasreadyfence.co.uk/heras-sound-absorbing-
acoustic-barrier [Accessed 21 Apr. 2016].

Hse.gov.uk. (2016). Reporting of Injuries, Diseases and Dangerous Occurrences Regulations

2013 - RIDDOR - HSE. [online] Available at: http://www.hse.gov.uk/riddor/ [Accessed 19
Apr. 2016].

Hse.gov.uk. (2016). Reportable incidents - RIDDOR - HSE. [online] Available at:

http://www.hse.gov.uk/riddor/reportable-incidents.htm [Accessed 19 Apr. 2016].

Hse.gov.uk. (2016). Model examples - Court Stage - Enforcement Guide (England & Wales).
[online] Available at: http://www.hse.gov.uk/enforce/enforcementguide/court/sentencing-
examples.htm [Accessed 15 Apr. 2016].

Hughes, P. and Ferret, E. (2016). Introduction to health and safety in construction. 3rd ed.
[ebook] Oxford: Elsevier Ltd, pp.24-26, 32, 39, 181, 245. Available at:
http://moodle.ccacolchester.com/pluginfile.php/169607/mod_resource/content/1/Intro%20to
%20Health%20and%20Safety.pdf [Accessed 2 Apr. 2016].

Legislation.gov.uk. (2016). Health and Safety at Work etc. Act 1974. [online] Available at:
http://www.legislation.gov.uk/ukpga/1974/37/section/2 [Accessed 15 Apr. 2016].

Legislation.gov.uk. (2016). Health and Safety at Work etc. Act 1974. [online] Available at:
http://www.legislation.gov.uk/ukpga/1974/37/section/16 [Accessed 14 Apr. 2016].

Legislation.gov.uk. (2016). The Work at Height Regulations 2005. [online] Available at:
http://www.legislation.gov.uk/uksi/2005/735/regulation/5/made [Accessed 21 Apr. 2016].

Legislation.gov.uk. (2016). Health and Safety at Work etc. Act 1974. [Online] Available at:
http://www.legislation.gov.uk/ukpga/1974/37/section/7 [Accessed 14 Apr. 2016].

Manual Handling Operations Regulations 1992. (2004). 3rd ed. [eBook] HSE, p.12.
Available at: http://www.hse.gov.uk/pubns/priced/l23.pdf [Accessed 14 Apr. 2016].

Safelincs.co.uk. (2016). Site Alarm Mobile Fire Point. [online] Available at:
http://www.safelincs.co.uk/site-alarm-mobile-fire-point/ [Accessed 21 Apr. 2016].

The Management of Health and Safety at Work Regulations 1999. (1999). 1st ed. [ebook]
The Stationery Office Limited, pp.3, 5, 12. Available at:
http://www.legislation.gov.uk/uksi/1999/3242/contents/made [Accessed 13 Apr. 2016].

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Picture 1 (Safelincs.co.uk, 2016)

Picture 2 - (Hbf.gobeltech.com, 2016)

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Picture 3 (Herasreadyfence.co.uk, 2016)

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