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Main Legislation Relating to Workplaces
It is a requirement that employers, (and this includes people who are in control of a workplace), are responsible for ensuring that the Workplace (Health,
Safety and Welfare) Regulations 1992 (WHSWR) are complied with. These Regulations are supported with an Approved Code of Practice and Guidance
Notes (L24).
Apart from private dwellings, construction sites (which have their own regulations) and certain other exceptions, virtually all workplaces have to comply with
the Regulations. Those included are:
Hostels.
Nursing homes.
Sheltered accommodation.
Hotels.
Private roads and footpaths on industrial estates.
Business parks.
Temporary work sites.
Common areas of shared buildings.
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Regulation 4 places a general requirement on employers and anyone in control of a workplace or workstation to ensure that all areas and locations under
their control, where staff are employed, comply with the overall Regulations.
Application - Regulation 3
These regulations apply to every workplace apart from:
Workplaces on ships.
Workplaces where the only activities being undertaken are the exploration for an extraction of mineral resources.
A workplace in the direct vicinity of another workplace where exploration for an extraction of mineral sources takes place, for which it assists.
Therefore not all regulations apply to all workplaces. Other workplaces with exemptions to certain regulations include temporary, agricultural or mobile work
sites (e.g. aircraft).
Maintenance should be provided to anything and everything that if not cleaned or maintained in a proper fashion may cause an adverse effect on health,
safety or welfare. As a further guide, maintenance should be carried out on all essential items to include sanitation, safety harnesses, anchorage points,
escalators and automatic or powered doors, walls and partitions to include fences, ventilation and emergency power and lighting.
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Cleaning (Housekeeping)
The term 'housekeeping' is used to describe the general condition of premises, and control of equipment and materials within it to avoid creation of risks to
workers. The Workplace (Health, Safety and Welfare) Regulations 1992 place specific responsibilities on employers regarding cleanliness and waste
materials.
The standard of cleanliness of the workplace will depend on what the particular workplace is used for. Food preparation areas, for example, would require a
higher standard of cleanliness than a general warehouse. Certain issues, however, such as trips, slips and falls should be addressed in all workplaces.
In workplaces where dirt and rubbish accumulate, any dirt and rubbish not in bins or other suitable receptacles should be disposed of daily. This may have
to be done more frequently to keep workplaces free from pests or decaying organic matter.
Cleaning should not create, or expose anybody to, a health and safety risk.
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Ventilation - Regulation 6
“Efficient and suitable provision shall be made to ensure that every enclosed workplace is ventilated by a sufficient quantity of fresh or purified air.”
The guidance to the regulations suggest that 5-8 litres of fresh air per second per occupant is sufficient to remove and replace stale, humid or hot air from
any workplace. Equipment installed to carry out this function should, for health and safety purposes, be equipped with either an audible or visual warning in
the event of failure or breakdown.
Planned maintenance should include cleaning of these systems to ensure against any formation of harmful substances or bacteria. Local exhaust systems
which have been installed to protect employees from harmful matters are not included within this Regulation as it covers general ventilation only.
Natural Ventilation
Enclosed workplaces should be sufficiently well ventilated so that stale air, and air which is hot or humid because of the processes or equipment in the
workplace, is replaced at a reasonable rate.
The air which is introduced should, as far as possible, be free of any impurity which is likely to be offensive or cause ill-health. Air which is taken from the
outside can normally be considered to be ‘fresh’, but air inlets for ventilation systems should not be sited where they may draw in excessively contaminated
air (for example, close to a flue, an exhaust ventilation system outlet, or an area in which vehicles manoeuvre). Where necessary, the inlet air should be
filtered to remove particulates.
In many cases, windows or other openings will provide sufficient ventilation in some or all parts of the workplace. One problem of relying on natural
ventilation is that it is reliant on the direction and strength of the wind. This gives either positive or negative wind pressure depending on the locations of the
openings. Where necessary, mechanical ventilation systems should be provided for parts or all of the workplace, as appropriate.
Mechanical Ventilation
Workers should not be subject to uncomfortable draughts. In the case of mechanical ventilation systems it may be necessary to control the direction or
velocity of air flow. Workstations should be re-sited or screened if necessary.
In the case of mechanical ventilation systems which re-circulate air, including air-conditioning systems, re-circulated air should be adequately filtered to
remove impurities. To avoid air becoming unhealthy, purified air should have some fresh air added to it before being re-circulated. Systems should therefore
be designed with fresh air inlets which should be kept open.
Mechanical ventilation systems (including air-conditioning systems) should be regularly and properly cleaned, tested and maintained to ensure they are kept
clean and free from anything which may contaminate the air.
The fresh air supply rate should not normally fall below 5 to 8 litres per second, per occupant. Factors to be considered include the floor area per person, the
processes and equipment involved, and whether the work is strenuous.
Ventilation control systems function by removing atmospheric contaminants from the workplace in a current of air. There are two basic systems:
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Dilution Ventilation, also known as general or natural ventilation, which utilises normal air movement through open doors, or assisted air movement by
means of roof fans or blowers.
Local Exhaust Ventilation (LEV), in which atmospheric contaminants are trapped close to their point of generation and then ducted (sucked) away by
a powered fan-assisted airflow.
When purified air is provided, it can involve inlets; outlets; filters and some form of heat exchanger (usually a refrigeration unit) and fan or blower. Water is
presented into the system to keep the humidity at the acceptable level and to take the ‘dryness’ out of the air. The major problem associated with air-
conditioning systems, apart from mechanical, is that of the presence of warm water. This gives the bacteria of Legionella a breeding ground, if suitable
precautions are not taken, i.e. regular monitoring and maintenance.
The possibility of stress arises in situations where people have to work in very hot or cold conditions. Excess heat or cold can adversely affect levels of work
and efficiency. Heat can cause a number of illnesses, such as heat exhaustion, dehydration, heat cramps and heat stroke. Excess cold can lead to a
decrease in dexterity, which is particularly hazardous when operating some machines.
There are certain conditions which should be adhered to. In any workroom the temperature should not be less than 16ºC, however, in certain cases where
there is a high level of physical effort it is permitted that the temperature can be as low as 13ºC. In maintaining reasonable comfort it should not be
necessary for special clothing to be worn but it must be remembered that air movement and relative humidity are also important factors in controlling
temperature. In such cases where it is not possible to meet Regulation criteria, certain responsibilities have to be considered. Workers should not only be
provided with special clothing but also adequate rest areas.
Thermometers should be available at a convenient distance from every part of the workplace to enable temperatures to be measured throughout the
workplace, but need not be provided in each workroom.
Work areas which are subjected to extreme conditions, such as those affected by process heat or chill, must be fitted with auxiliary heating or cooling
methods to adjust temperatures to as near requirements as possible.
The temperatures in workrooms do not apply to rooms or parts of rooms where it would be impractical to maintain those temperatures, for example, in rooms
which have to be open to the outside, or where food or other products have to be kept cold. In such cases the temperature should be as close to those
mentioned above as is practical. However, where lower maximum room temperatures are required by other laws, the temperature levels contained within
Workplace (Health, Safety and Welfare) Regulations do not apply. It should be noted that general Food Hygiene Regulations do not specify maximum room
temperatures.
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Lighting - Regulation 8
“Every workplace shall have suitable and sufficient lighting.”
In all instances natural lighting is preferable to artificial lighting but in the case of this not being practical there are specific requirements. Lighting levels
should be such that work can be carried out safely without eyestrain and if necessary, local workstation lighting should be provided. Care should be taken to
ensure the level of lighting is always sufficient for the occupants and workforce in any location. Areas of potential risk should be adequately lit. Dazzle, glare
and extremes in contrast should be avoided and attention given to external areas during hours of darkness.
Light fittings in storage areas should not be obscured; windows should be kept clean as should light fittings and skylights. Provision should be made for
emergency lighting which should be supplied from an independent source should the mains lighting fail.
A good standard of lighting, whether artificial or natural, has an important role to play in ensuring health and safety at work as it helps people to see hazards
and can reduce visual fatigue and discomfort.
The more quickly and easily a hazard can be seen and identified, the more easily it can be controlled.
Visual Fatigue
Poor lighting and glare can cause visual fatigue (or eye strain) by making the visual system work harder. The symptoms of fatigue vary according to the task
being carried out and the lighting conditions. It is most common when the visual system has to act at the limit of its capabilities for any length of time.
Symptoms of visual fatigue include irritation of the eyes (inflammation itchiness), breakdown of vision (blurred or double vision) and referred symptoms
(headaches, giddiness, fatigue). Strain injuries, such as neck and backache, can also occur and are usually due to the person bending to get closer to the
task due to poor lighting.
Glare
In the process of seeing, the eye performs two quite separate functions. The first is to act as a focusing system to give a pattern of the scene on the
back of the eye - the retina. The pattern is converted by the nerve endings in the retina through the optic nerve as a complex signal to the brain.
An object is generally seen because of the difference in brightness between the object and its immediate background. This is obvious when a white object
can be seen clearly against a black background but it is very indistinct against a white background!
Normally the eye adapts to whatever it is seeing but if a task or a background is too bright or the contrast too great, vision suffers by the situation becoming
uncomfortable.
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Glare, which occurs when one part of the visual field is brighter than the average brightness to which the visual system has become adapted, must be
considered. Glare can be direct from the primary lamp source or it may be indirect, such as the reflection of bright light from a highly polished surface
Temporary Loss of Vision when Moving from Brightly to Dimly Lit Areas and Vice Versa
Lighting should be sufficient to enable people to see in order to move about without walking into, or falling over, objects. Some types of work require the
ability to see in fine detail, e.g. to read gauges or displays or to see a work piece or tool. The level of lighting necessary will depend upon the type of work
being carried out and the hazards associated with it. The finer the detail of the work, the higher the illumination (light level) required. The illumination in
areas adjacent to the work location must be considered if movement occurs within these areas.
Lighting Recommendations
Natural daylight should be utilised wherever possible, although it rarely provides sufficient illumination throughout the whole working area for the whole
working day. A combination of natural and artificial light will usually provide sufficient suitable lighting.
The standard of cleanliness required will depend on the use to which the workplace is put. For example, an area in which workers take meals would be
expected to be cleaner than a factory floor, and a factory floor would be expected to be cleaner than an animal house.
Floors should be cleaned at least once a week but where an accumulation of dirt is excessive, cleaning should be carried out daily. Waste materials shall not
be allowed to accumulate in a workplace, except in suitable receptacles.
Walls and furnishings are not exempt and should be cleaned regularly or as required. In the interests of maintaining hygienic conditions washable surfaces
should be provided and sealing should take place where absorbent walls and floors are likely to be affected by spillage contamination.
Floors and indoor traffic routes should be kept as clean as practicable. In factories and other workplaces of a type where dirt and refuse accumulates, any
dirt and refuse that is not in suitable receptacles should be removed at least daily. These tasks should be carried out more frequently, where necessary, to
maintain a reasonable standard of cleanliness or to keep workplaces free of pests and decaying matter.
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Workrooms should have enough free space to allow people to get to and from workstations and to move within the room with ease. The number of people
who may work in any particular room at any one time will depend not only on the size of the room, but on the space taken up by furniture, fittings, equipment,
and on the layout of the room. Workrooms, except those where people only work for short periods, should be of sufficient height (from floor to ceiling) over
most of the room to enable safe access to workstations. In older buildings with obstructions such as low beams the obstruction should be clearly marked.
The total volume of the room, when empty, divided by the number of people normally working in it should be at least 11 cubic metres. In making this
calculation a room or part of a room which is more than 3.0 metres high should be counted as 3.0 metres high. The figure of 11 cubic metres per person is a
minimum and may be insufficient if, for example, much of the room is taken up by furniture, etc.
Calculating floor space per person will not always give sufficient unoccupied space, as required by the regulations. Rooms may have to be larger, or to
have fewer people working in them, depending on such factors as the contents and layout of the room and the nature of the work. Where space is limited,
careful planning of the workplace is particularly important.
In all aspects of production and storage the question of spacing plays a vital part.
Workstations should be arranged so that each task can be carried out safely and comfortably. The worker should be at a suitable height in relation to the
work surface. Work materials and frequently used equipment or controls should be within easy reach, without the need for undue bending or stretching.
Workstations including seating, and access to workstations, should be suitable for any special needs of the individual worker, including workers with
disabilities.
Each workstation should allow any person who is likely to work there adequate freedom of movement and the ability to stand upright. Spells of work which
unavoidably have to be carried out in cramped conditions should be kept as short as possible and there should be sufficient space nearby to relieve
discomfort.
There should be sufficient clear and unobstructed space at each workstation to enable the work to be done safely. This should allow for the manoeuvring
and positioning of materials, for example lengths of timber.
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Seating provided should, where possible, provide adequate support for the lower back, and a footrest should be provided for any worker who cannot
comfortably place his or her feet flat on the floor.
In any working environment the floors, traffic routes, (‘traffic routes’ applying to all roads), passages, pavements, steps, stairs and escalators etc., must be
kept in good condition and free of damage. They must be appropriately constructed to prevent any danger by slipping, falling and tripping and above all be
able to accept weights imposed on them for loading purposes or otherwise.
Surfaces should be safe in all conditions, even when wet and if required suitable drainage made available. It is important however that in the case of
drainage, people
or the environment must not be put at risk by contamination of sewers, drainage systems, water supplies or watercourses.
Of the many fatal accidents that occur each year involving the use of transport at work sites, the most common type involves victims being struck or run over
by vehicles.
Pedestrian
A secure and substantial handrail should be provided and maintained on at least one side of every staircase, except at points where a handrail would
obstruct access or egress. Handrails should be provided on both sides if there is a particular risk of falling, for example where stairs are heavily used, or are
wide, or have narrow treads, or where they are liable to be subject to spillages.
Where possible, specific routes should be provided for pedestrians with the aim of keeping people and vehicles apart.
Where appropriate, pedestrian routes should have designated crossing points over roads and suitable barriers at entrances to, and exits from, buildings
to discourage pedestrians from walking directly into the road.
Where vehicles pass through doorways, or under narrow bridges or tunnels that have insufficient width to allow vehicles and pedestrians to be
separated by a raised or railed-off footpath, a separate access for pedestrians should be considered.
Vehicular
Ideally, to prevent accidents occurring, the movement of vehicles should be governed by stringent rules that are enforced by management supervision and
control. However, as direct supervision of site traffic is not always practicable, and as many visiting drivers may be unfamiliar with the site, the layout and
design of road systems within sites is a particularly important consideration.
Once a site has been built, even with due attention paid to the design, three problems always occur:
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Parking must be controlled either by making some provision for it elsewhere, or introducing an enforcement system; preferably both methods should be
used.
Space is required to store returns, empties, pallets and other materials that tend to accumulate in loading areas unless specific provision is made for
them.
Waste paper and cartons create problems in certain premises that can be helped by the use of skips and organised collections. However, skips use up
a lot of loading area, as well as the extra space of the collection vehicle to pick up and deposit a return skip.
Road Systems
Road systems should be clearly and logically arranged, allowing adequate space for movement, reversing, turning, loading and offloading. Roads should be
wide enough for the safe movement of the largest vehicle likely to use them, with allowance made for visiting vehicles which may be larger than those used
exclusively on site. Therefore, a heavily used two-way access road must be wider than one which is so lightly trafficked it is unlikely to have goods vehicles
arriving and departing at the same time. The number of pedestrians and vehicles likely to be entering and leaving the site at peak time should also be
considered.
Vehicle Parking
Sufficient and suitable parking areas should be provided for all vehicles, including employees' and visiting cars, motor cycles and cycles, waiting goods
vehicles, sites for skips and pallet stacks. If any of these are left in unplanned positions, the safe operation of the site can be disrupted. Parking areas
should have firm, even surfaces with adequate means of access and egress. As far as private vehicles are concerned, a site manager has only limited
control over their use. Vehicles should be regulated by restricting their routes and enforcing speed restrictions in addition to providing designated parking
areas.
Employers must also ensure under WAHR that any work that can reasonably practicably be done without having to work at height must be carried out.
Employers must ensure that all risks from work at height are assessed under the MHSWR. Work at height must be appropriately supervised, planned, while
taking into consideration emergency situations.
The WAHR set out a simple hierarchy for managing and selecting equipment for work at height. In terms of this hierarchy, duty holders must:
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Avoid work at height where they can.
Where they cannot avoid working at height, use work equipment or other measures to prevent falls.
Where they cannot eliminate the risk of a fall, use work equipment or other measures to minimise the distance and consequences of a fall should one
occur.
Ladders
The Work at Height Regulations 2005 do not ban ladders, as the HSE accepts that ladders are sometimes the most practical option for work at height.
They are used in a wide variety of situations, and in most employment sectors. WAHR do, however, require that ladders should only be considered where a
risk assessment has shown that other work equipment is not appropriate. This could be because: the work carries a low risk; the task is of short duration; or
due to considerations of where the work is located.
However, regulation 13 of WHSWR still continues to take into account the hazards present in any area into which people might fall:
“So far as is practicable, every tank, pit or structure where there is a risk of a person in the workplace falling into a dangerous substance in the tank, pit or
structure, shall be securely covered or fenced.”
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Care should also be taken to ensure the reduction of risks from unstable stacks of materials in storage areas and from materials falling from vehicles,
especially when loading and unloading.
In assessing whether it is necessary for transparent or translucent surfaces in doors, gates, walls and partitions to be of a safety material or be adequately
protected against breakage, particular attention should be paid to the following cases:
In doors and gates, (and door and gate side panels), where any part of the transparent or translucent surface is at shoulder level or below.
In windows, walls and partitions, where any part of the transparent or translucent surface is at waist level or below, except in glasshouses where people
work, it is likely they will be aware of the presence of glazing and avoid contact.
Safety materials are materials which are inherently robust, such as polycarbonates or glass blocks; or glass which, if it breaks, breaks safely; or ordinary
annealed glass of a specified thickness.
All windows should be in a safe condition and must be capable of being operated without danger. If there is any danger of a person falling through or out of a
window while opening or closing them, then a safety device must be fitted to prevent harm.
If the bottom of a window is less than 800mm from the floor, a safety bar or similar suitable equipment must be installed where necessary to prevent falls.
Open windows should not protrude into a working area so as to present a hazard for persons working within.
It is essential that all windows can be cleaned in a safe manner. When it is not practical to clean windows from the ground, all precautions must be taken and
these include fitting access equipment such as cradles or suitable anchorage points for harnesses or safety belts.
Ladders should not be more than 9 metres in length. Suitable fixing points are necessary for ladders which are more than 6 metres long.
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Windows can be cleaned from the inside where tilt and turn windows are installed.
Pedestrians and vehicles should be able to move about freely and safely, but in the case of vehicles there should be speed limits. Reversing for vehicles
should be allowed in safe circumstances and in the case where large numbers of pedestrians gather at specific times, such as shift changes, there should be
some consideration given to restricting vehicular traffic flow.
In the event of the type of premises not always allowing freedom of movement, special consideration should be given to marking obstructions and
overcoming restricted vision for pedestrians.
Any door or gate that can be opened in either direction should be fitted with a vision panel. Power doors should have safety devices to prevent injury to
those working near them. Easily accessible and identifiable control switches should be fitted. In the situation of a power door being inoperable due to power
failure, there should be a means of operating it manually.
Sanitary conveniences should be suitably cleaned and maintained and provided with: toilet paper, coat hook, flushing mechanism and drainage. They should
have adequate lighting, ventilation and have special facilities for disabled people including those in wheelchairs.
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Unless doors can be secured from the inside separate conveniences have to be supplied for men and women. Where remote workplaces exist, chemical
closets can be provided, but where possible should be of the type not requiring manual emptying.
The ACoP details the number of water closets and urinals required in particular installations and this should be checked for specific information.
Adequate ventilation and lighting is an essential part of any washing facility. The washing area must be well maintained and kept in a state of cleanliness.
They must be provided in the same areas as sanitary conveniences and have an adequate supply of running hot and cold water together with soap, towels
or alternative drying means.
Washing areas together with sanitation facilities must be protected from the weather.
Men and women should have separate facilities unless the doors can be locked from inside. This does not apply to facilities that are provided for washing
faces, hands and forearms only.
Temporary or remotely situated workplaces can be provided with water in containers only when running water is not available.
There are further requirements and these can be obtained from the ACoP.
Drinking water should be supplied from the public mains or by a storage cistern and marked as such. In either case the supply should comply with the
current UK water bylaws. An adequate supply of clean disposable cups should be available, the exception being if a water fountain is provided or there is
provision to wash cups nearby.
Where it is not practicable to supply mains water, a supply of bottled water is permissible as long as it is accessible and adequate.
Where special clothing is worn at work and not taken home, suitable accommodation must be provided. Where personal clothing is stored during the working
day it is the duty of the employer, if necessary, to install suitable security. There may be cases where it is not desirable for work clothing and personal
clothing to come into contact and in these circumstances separate storage facilities must be provided.
Minimum requirements are that a peg or hook be provided on which to hang clothing.
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Practicable facilities should be provided for the drying of personal clothing before the end of a shift and drying of work clothes before the start of a shift.
Where work clothing (including personal protective equipment) which is not taken home becomes dirty, damp or contaminated due to the work it should be
accommodated separately from the worker’s own clothing. Where work clothing becomes wet, the facilities should enable it to be dried by the beginning of
the following work period unless other dry clothing is provided.
Where there is the need to wear special or protective clothing and the situation demands a separate changing area, there are certain requirements:
Separate changing rooms should be provided for men and women.
The changing areas should be sufficient for the number of persons using them without causing overcrowding.
There should be direct access to shower facilities. In all cases the changing rooms have to provide adequate privacy together with seating
accommodation. A further requirement is that the changing rooms should be readily accessible to the working and refreshment areas.
There are a number of requirements concerning rest and refreshment areas. For workers who carry out their duties in a standing position, seats must be
provided for resting during natural breaks or when activity is stopped for whatever reason.
The rest areas should contain tables and chairs, the chairs being suitable for the purpose and having backrests. These should be in a suitable place where
personal protective equipment (for example, respirators or hearing protection) need not be worn. In offices and other reasonably clean workplaces, work
seats or other seats in the work area will be sufficient, provided workers are not subject to excessive disturbance during breaks, for example by contact with
the public. In other cases one or more separate rest areas should be provided (which in the case of new workplaces, extensions and conversions should
include a separate rest room). Rest areas must also be equipped with seating which is adequate for the number of disabled persons at work and suitable for
them.
Hygiene is an essential factor in areas where food is consumed: the rest area should be clean and free from contamination from any process or material
associated with the workplace environment.
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Where workers regularly eat meals at work, suitable and sufficient facilities should be provided for the purpose. Such facilities should also be provided
where food would otherwise be likely to be contaminated (by dust or water), for example:
Cement works, clay works, foundries, potteries, tanneries, and laundries.
Premises involved in the manufacture of glass bottles and pressed glass articles, sugar, oil cake, jute, and tin plating.
Premises involved in glass bevelling, fruit preserving, gut scraping, tripe dressing, herring curing, and the cleaning and repairing of sacks.
Seats in work areas can be counted as eating facilities provided they are in a sufficiently clean place and there is a suitable surface on which to place food.
Eating facilities should include a facility for preparing or obtaining a hot drink, such as an electric kettle, a vending machine or a canteen. Workers who work
during hours or at places where hot food cannot be obtained in, or reasonably near to, the workplace should be provided with the means for heating their
own food.
Eating facilities should be kept clean to a suitable hygiene standard. Responsibility for cleaning should be clearly allocated. Steps should be taken where
necessary to ensure that the facilities do not become contaminated by substances brought in on footwear or clothing. If necessary, adequate washing and
changing facilities should be provided in a conveniently accessible place.
Canteens or restaurants may be used as rest facilities, provided there is no obligation to purchase food in order to use them. Good hygiene standards should
be maintained in those parts of rest facilities used for eating or preparing food and drinks.
Smoke-Free Provisions
On 1st July 2007 England became the last of the UK countries to pass laws for establishing non-smoking arrangements in virtually all enclosed public places
and places of work.
The Health Act 2006 lays down the requirements to prevent smoking in enclosed or substantially enclosed premises and in vehicles used for work.
The following table provides a broad outline of each of the relevant sections of the Act with reference to the corresponding regulations made under it.
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