Regulation of minimum standards for the workplace

The Workplace (Health, Safety and Welfare) Regulations 1992 (Workplace Regulations) lay down minimum standards for workplaces, the working environment and welfare facilities. Workplaces in many sectors also benefit from separate guidance published by relevant professional institutions that may improve on these minimum standards.

The Health and Safety Executive (HSE) recently began consulting on a revised approved code of practice (ACOP) Workplace health, safety and welfare (L24) in response to a recommendation in the Löfstedt review of health and safety legislation (see Chapter 1 and 12) that the HSE should review its ACOPs. The proposed changes are outlined throughout this Chapter. They include:

• removing out-of-date duties and requirements that are superseded by new regulations;

• simplifying the language to clarify what dutyholders must do to comply with the Workplace Regulations;

• updating the publication to include the provisions of the Miscellaneous Amendment Regs 2002; and

• improving guidance, referring to the most up-to-date and relevant advice.

The consultation document can be found on the HSE website at: www.hse.gov.uk/consult/condocs/cd253.htm

The consultation ended in July 2013. It makes changes regarding:

(i) building stability;

(ii) workplace insulation & excessive sunlight and temperature;

(iii) accommodating for disability;

(iv) falls from height;

(v) traffic signs;

(vi) smoking;

(vii) The Construction (Design and Management) Regulations 2007 (CDM 2007);

(viii) The Quarry Regulations 1999.

The Workplace Regulations apply to virtually all fixed workplaces. The regulations state that where a workplace is in a building, “the building shall have a stability and solidity appropriate to the nature of the use of the workplace” (Regulation 4a).

Temporary work sites are also included. They must have “so far as is reasonably practicable”, toilets and washing facilities, drinking water, changing facilities and accommodation for clothing, and facilities for rest and eating meals. Outdoor sites must have toilets, washing facilities and drinking water. Employers must take account of those parts of the workplace “including doors, passageways, stairs, showers, washbasins, lavatories and workstations”, used by disabled workers.