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Guernsey Health & Safety Basics

What the Law Expects

This section of our website give some basic information as to what the law expects from employers and employees.

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Risk assessment

A key part of effective health and safety management is risk assessment which is a useful tool for assisting employers in identifying and controlling risks. This should be carried out whatever the size of your business and will assist you in meeting your general legal duties under health and safety law.

In addition, companies with 5 or more employees are legally required to prepare a written policy document which should set out the overall commitment, detail the manner in which health and safety is managed, include the arrangements for dealing with specific matters and detail the monitoring and review procedures. Employers must also ensure that this document is brought to the attention of their employees.

Hand-arm vibration

The effects of exposure to hand-arm vibration can be extremely debilitating and are irreversible Many employees are exposed to hand-arm vibration in the workplace as a result of the tools they use, such as strimmers, chainsaws, breakers, among others.

Persons affected can experience a wide range of symptoms including numbness and tingling in the fingers, blanching of the fingers due to affects on circulation, reduction in sense of touch and loss of dexterity.

There are a number of steps which employers should take to reduce the risk of persons being exposed to excessive levels of vibration which include:

Identify hazardous machines and tools.

Use a system of work which does not involve high-vibration tools.

Introduce a low-vibration (buy smooth) purchasing policy.

Ensure that tools are adequately maintained to reduce vibration.

Limit the time employees spend using vibrating tools.

Employees should be provided with information on the risks and the signs which they should look for. They must also be encouraged to report any symptoms early on so that they can be immediately removed from the particular working activity to prevent further damage. The working practice should then be reassessed.

Personal protective equipment

Personal protective equipment is the last line of defence against health and safety hazards Whilst personal protective equipment (PPE) is useful in some circumstances, there are many reasons why it can be ineffective, including the failure of persons to use it.

The risks to health and safety should be addressed primarily by introducing engineering controls and safe systems of work. Only once these are in place should PPE be relied upon to control any residual risk.

PPE is available to protect a number of parts of the body including the lungs, eyes, head, ears and limbs. Equipment should be provided to all those who may be affected, not just the actual operator.
Careful consideration needs to be given to the type of PPE which should be used, taking into account factors such as:

The type of hazard.

The amount of exposure.

Compliance with a recognised standard; a European Standard, for example.

The wearer of the PPE should be informed as to why it is needed and given instruction on its use, storage and maintenance.

Employees are legally required to wear equipment provided to them by their employer.

Slips and trips

Simple measures will reduce the risk of slips and trips

Slips and trips account for a high proportion of reported accidents each year. They are also responsible for a number of injuries caused to the public.

The injuries range from bruising to fractured limbs and can have very serious consequences for certain groups of people such as the elderly.

To reduce the risk, you should ensure that floors and walkways:

Are well lit.

Are not obstructed in any way.

Have an even, non-slip surface.

Are kept in a state of good repair.

Are preferably cleaned at times where access is not required. If this is not possible, then they should be dried immediately after leaning.

Signage is not considered to be sufficient to prevent accidents.

Are cleaned with appropriate substances as residues can accumulate.

Are cleaned as soon as possible if any accidental spillages occur.

Work at height

Falls from height often cause serious injury and on some occasions prove to be fatal.

Work at height is carried out in many industries, not just construction. Steps must be taken to ensure that the system of work being used provides employees with adequate protection.

Ideally, work at height should be avoided. However, this is often not possible so a safe means of access must be provided. To help choose the most appropriate means of access, an assessment of the work should be carried out. This should take into account specific factors such as the height of the
working area, the nature of the task and the condition of the ground below.

There are many items of access equipment available such as ladders, tower scaffolds, and mobile elevating work platforms (MEWPs). Employers must ensure that the access equipment chosen is appropriate for the work and that persons using it are competent to do so.

In addition to ensuring that work at height is carried out safely, employers must also ensure that any openings or unguarded edges in the workplace, such as loading bays on mezzanine floors, are covered or secured with guard rails to prevent against falls.

Noise

The effects of exposure to excessive noise levels are permanent and must not be ignored.

Exposure to noise over a period of time will lead to gradual loss of hearing which is likely to go unnoticed by the individual. However, it will become apparent as the individual’s behaviour during everyday activities will change, such as listening to the television and radio at a higher volume and having difficulty communicating on the telephone.

If it is believed that there may be a problem with noise levels in a particular area or associated with a particular activity, then the first step which employers should take is to arrange for an assessment of the noise levels (a noise survey) to be undertaken. This should be carried out by a competent person who will be able to advise on the findings and the steps which need to be taken to control the risks identified. The level of risk will depend not only on the noise level but also how long the people are exposed.

Depending on the results of the noise survey, there are a number of steps which employers can take to reduce their employees’ exposure to noise. These include the following:

Introduce a low noise purchasing policy for acquiring new equipment and machinery.

Provide engineering controls, such as silencers to exhaust, etc.

Provide enclosures around machinery to contain the noise.

Ensure that all machinery is subject to regular maintenance as wear and tear can increase noise levels.

Limit the time spent by employees in noisy areas.

Provide appropriate hearing protection where the levels cannot be reduced to an appropriate level by other means.

Employees should also be provided with adequate information about the risks and be instructed on the wearing of ear protection where necessary.

Health surveillance should be provided where appropriate.

As a rough guide, if the background noise is such that persons have to shout to be heard when they are 2 metres apart, there is probably a noise problem.

Workplace transport

Aim to keep pedestrians and vehicles apart Vehicles are used in many workplaces and unfortunately are responsible for a number of injuries each year which can often be serious.

The most effective means of preventing injury is to keep vehicles and pedestrians apart as much as possible. However, there are other measures which can be taken to reduce the risks. These include:

Ensure that roadways and walkways are clearly marked.

Control vehicle movements by introducing one way systems, arrangements for reversing etc.

Ensure that transport operations are monitored and vehicle manoeuvres are properly supervised.

Ensure that vehicles are regularly checked and maintained in accordance with the manufacturer’s manual.

Ensure drivers are properly trained and competent to operate their vehicles.

Fit audible warning devices to vehicles where necessary.

Accidents also occur during the transporting of loads, where persons are struck or crushed by the load or it falls from the vehicle. Segregation or safe systems of work should be introduced to manage these risks.

People have also been injured when getting on or off vehicles and even when working on top of, or in the back of, the vehicle. A safe means of access should be provided and work on top of or in the vehicle should be avoided where possible.

Machinery

All dangerous parts of machinery must be guarded.

Machines are used across a wide range of industries and vary greatly in the degree of risk posed to the operator.

Injuries are usually caused by moving parts and can result in a person being crushed, becoming entangled, suffering cuts or stab wounds, being exposed to a risk of friction or abrasion injury. In addition, persons can also be injured by ejected material or emissions, such as steam.

The most effective way of preventing injury during the operation of machinery is to ensure that all dangerous parts are adequately guarded; this is a strict legal requirement. The law also requires regular checks to be made to ensure that guards are in place, and kept in good working order.

Machinery should be constructed so that the risks are reduced. This includes ensuring that controls are adequately designed and marked to prevent inadvertent operation and that emergency stop buttons are clearly identified and are easily accessible.

Employees and others must not be allowed to use machines unless they have been instructed and trained in their safe use.

Employees should be provided with appropriate personal protective equipment, e.g. goggles, where necessary.

Use of hazardous substances

Hazardous substances can cause both short and long term effects.

Hazardous substances exist in many forms including liquids, aerosols, dusts and fumes. They are widely used in the workplace and can affect many workers ranging from car sprayers, to bakers, to cleaners, to hairdressers, amongst many others.

Short term effects may be experienced such as stinging eyes, dizziness or nausea. However, exposure to some substances can cause long term effects such as asthma or skin damage.

Employers must ensure that all hazardous substances are identified and that an assessment of their use is carried out. Reference should be made to both the labels on the containers and the health and safety data sheets which the supplier is legally obliged to provide with the product.

Consideration must be given to the storage, handling, use and where applicable, disposal of the hazardous substance.

Where possible, substances should be substituted with a less harmful one.

If this is not feasible, then control measures such as enclosed processes or local exhaust ventilation must be considered. The use of personal protective equipment should only be used as a last resort once the other options have been considered.

Persons using hazardous substances should be advised of the risks and be trained in the precautions that are required to prevent injury.

Display screen equipment

Use of display screen equipment can cause a wide range of musculoskeletal disorders if not properly managed In the workplace, the most widely used piece of display screen equipment is computers.

If steps are not taken to control the risks, then the users of this equipment are at risk of developing a variety of disorders which can affect the back, neck, shoulders, wrists, etc.

The actions which employers should take to reduce the risks associated with the use of this type of equipment include the following:

Ensure that the workstation meets the minimum requirements.

Ensure that an individual assessment of each user and their workstation is carried out by a competent person.

Provide any additional equipment such as wrist rests, document holders etc. which are identified as being necessary as a result of the assessment.

Ensure that employees are provided with adequate information on the risks associated with display screen equipment.

Provide an appropriate eye and eyesight test upon request from DSE users.

Employers must also ensure that these steps are taken for both home workers and persons who use portable computers; for example, laptops.

Contractors

Both contractors and the persons appointing them have responsibilities

Employers and contractors have responsibilities under health and safety law which cannot be passed from one party to another by contract.

It is important that both parties work together to ensure that neither the contractors, employees or members of the public are put at risk as a result of the works being carried out.

Employers must ensure that the manner in which contractors carry out the work on their behalf does not place either the contractors or other persons at risk. In addition, they must ensure that the contractors are aware of any hazards which may be present on the premises.

When appointing a contractor, the following points should be considered and discussed with potential candidates:

Their experience, qualifications and skills in relation to the work to be undertaken – ask for references.

The steps that the contractor takes to select subcontractors.

Whether a method statement will be provided, particularly important for high risk activities such as construction work.

Whether they are members of a relevant trade or professional body.

Whether their employees hold a ‘passport’ in health and safety training (construction industry).

The method statement and systems of work should be agreed between the parties before the work commences and checks on their health and safety performance on site should be made.

Selection and training

People are a danger to themselves or others if they cannot do their jobs correctly The Health and Safety at Work (General) (Guernsey) Ordinance, 1987 , requires employers to ensure that employees are provided with adequate instruction, information and training.

Some jobs place particular physical or mental demands on people and these should be considered as part of the recruitment process. The essential health and safety requirements should be identified and checked for at this stage, such as a colour-blindness check for people involved in work on wiring, or if in possession of the appropriate driving licence, etc.

Training needs should be identified, often as part of the risk assessment process and adequate training should be provided. This should be well structured and include an actual introduction to the work, such as familiarisation with the procedures and time to practise.

Consideration should be given to relevant legal requirements requiring specific training; for example, fork lift trucks and the need to provide refresher training at appropriate intervals.

Consideration must also be given to whether the training can be providedin-house or whether outside help is required.

Some groups, such as young people, new and expectant mothers and those with a disability, need special consideration.

Lifting and handling

Manual handling causes the greatest number of injuries in the workplace.

Manual handling is not just about lifting but includes all actions, such as pushing and pulling, which cause loads to be moved or supported by hand or by bodily force.

The majority of manual handling injuries build up over a period rather than being caused by a single handling incident, and usually result in an injury to the back, although shoulders, arms and hands are also vulnerable.

Employers should assess the risks to their employees from manual handling and take appropriate steps to reduce these risks to an acceptable level.

Measures which should be considered include:

Avoidance of manual handling where possible.

Use of mechanical handling aids such as sack trucks, trolleys, hoists, etc.

Provision of safe systems of work; for example, avoid repetition or modify the load.

Provision of training where appropriate.

Employees should also be encouraged to report symptoms as early as possible as this may indicate that the control measures need to be reviewed.

Asbestos

Exposure to asbestos can kill

Thousands of tons of asbestos-containing materials have been used to construct many buildings in Guernsey, much of which is still in place.

Asbestos fibres were used in the manufacture of many construction products which are commonly found in ceiling and wall boards, lagging to pipes and external roofs.

Asbestos containing materials which are in good condition do not usually need to be removed – but they do need to be managed.

Persons in control of any premises, or part of any premises used as a workplace, must take steps to identify the presence of asbestos containing materials and decide upon the best form of action to take, such as removal, encapsulation or simply leaving it in place and monitoring. An asbestos
register for the building should then be prepared and the information made available to the necessary persons, e.g. maintenance workers.

Special groups of workers

Special groups of workers need special consideration to ensure their health and safety The types of people which fall into this category include young persons, disabled persons, non-English speaking persons, new and expectant mothers and lone and mobile workers.

Each of these groups is potentially at risk for very different reasons and employers must ensure that these are taken into account when planning the work which they are going to carry out. The special factors should be considered as part of the overall risk assessment of the work.

Safe systems of work

ll work activities need to be considered and a safe system of work provided The Health and Safety at Work (General) (Guernsey) Ordinance, 1987, requires employers to provide and maintain employees with safe systems of work.

The system should be developed as a result of the findings of the risk assessment which has been carried out. However, given that systems of work are not as effective as taking actions such as altering the process to make it safer, providing guards, etc., these actions must be implemented first, with the system of work being provided to control any remaining risks.

The assessment of the task should take into consideration all aspects including normal operations, maintenance activities and what could go wrong. The system of work should set out the actions which the employee must take in each of these instances.

All persons who are required to follow the system of work must be given adequate information and have received sufficient training. Where the job is complex or the risks are high, instructions should be in writing and in some cases form part of a permit to work system. There may also be a need for special training to be given to people who are involved in carrying out the work.

Supervision should be provided and the manner in which the task is carried out should be reviewed to ensure that the system of work is being followed and that all the risks have been taken into account. If problems are identified, then these must be addressed immediately.

Employees should be involved in the development of systems of work. They have the ‘hands on’ experience and can often provide valuable information.

They are also more likely to follow the system if they have been involved in making the decisions.

Electricity

Incidents involving electricity can lead to fires, explosions and burns as well as electric shocks

Electricity is used in most workplaces ranging from low risk, for example offices, to high risk such as construction sites. Although the risks vary, the principles for managing them are the same.

Some of the actions which should be considered are detailed below:

Ensure that all installations are safe by providing enough socket outlets, fitting circuit breakers, providing emergency switches where necessary, etc.

All fixed electrical installations should be inspected and tested periodically by a competent person.

All portable electrical equipment should be subject to periodic inspections and testing by a competent person and records should be kept.

Any repairs to electrical equipment must be carried out by someone with proper training and experience.

Low voltage electrical equipment should be used where possible, particularly in high risk premises such as construction sites.

Managing health

Work-related ill health, also known as occupational ill health, describes any illness an employee suffers because of the hazards they have been exposed to at work The most common forms of work-related ill health are:

Muscle and joint disorders.

Lung diseases such as asthma.

Hearing loss.

Stress.

The individual is usually affected as a result of being exposed over a period of time to hazards such as lifting of excessive loads, lung irritants such as concrete dust, high levels of noise or excessive pressure at work which can be caused by high workload or on occasion bullying.

Employers must ensure that all possible risks to health in the workplace are identified and that there are sufficient control measures in place.

Employees should be encouraged to report symptoms as early as possible but this should not be relied upon as a means of identifying where there may be problems. The purpose of this early reporting is to enable the employer to remove the affected individual from the hazard at an early stage.

It also provides valuable feedback on the effectiveness of existing control measures which may need to be reassessed.

For certain health issues such as noise-induced hearing loss, health surveillance may be appropriate. This involves employees undergoing specific medical examinations at appropriate intervals to check that they are not being affected by their work.

The working environment

A comfortable work environment means a healthier and happier workforce the Health and Safety at Work(General) (Guernsey) Ordinance, 1987, requires employers to provide and maintain a working environment which is safe, without risks to health, and has adequate facilities and arrangements to ensure the welfare of the employees.

Space requirements

Offices should have enough free space to allow people to move about with ease, taking into account the space occupied by furniture, machinery, equipment, etc. The volume of the room, divided by the number of people normally working in it, should be at least 11 cubic metres. All or part of a room over 3 metres high should be ignored for the purpose of this calculation. Eleven cubic metres per person is a minimum and may be insufficient depending on the layout, contents and the nature of the work.

Thermal comfort

An acceptable working environment is dependent on a number of variable factors including air temperature, relative humidity, air movement, mean radiant temperature, the nature of the work, the individual’s metabolic rate and the type of clothing that is worn. All of these factors have to be taken into account when determining what is acceptable.

There are no specific references to minimum or maximum temperatures set out in Guernsey health and safety legislation. However, in general terms, temperatures should ensure reasonable comfort and be at least 16 degrees centigrade. If the work involves physical activity, it should be at least 13 degrees centigrade.

If the temperature is not reasonably comfortable throughout the workplace, local heating or cooling should be provided, or, as a last resort, protective clothing and rest facilities be provided.

Workplaces should be adequately ventilated so that stale, hot or humid air is replaced at a reasonable rate by fresh or purified air, and unpleasant smells are minimised. Windows or other openings normally provide sufficient ventilation, but where necessary mechanical ventilation systems should be installed and maintained.

Lighting

Lighting should be sufficient to enable people to work and move about safely. If necessary, local lighting should be provided at individual workstations and at areas of particular risk such as rossing points on traffic routes. Lighting and light fittings should not create any hazard.

Cleanliness

Every workplace and the furniture, furnishings and fittings should be kept clean. Suitable containers should be readily available for disposal of waste and refuse, and should be emptied as necessary.

Hygiene and welfare

The number of toilets required depends on the number of people expected to use them. One toilet is considered sufficient for up to five persons should the toilet be for mixed use (or women only). If the toilet is only for the use of men, as long as a urinal is provided, one toilet to every fifteen men is acceptable. Further facilities must be provided when these numbers are exceeded. Toilets should be kept clean, well lit, ventilated and in good working order.

Sufficient wash-basins with hot and cold running water, soap and towels (or an electric dryer) should be available. Wash-basins should be provided on a similar scale to toilets. In workshops and other similar environments, this provision may have to be increased depending on the type of work and
materials involved.

A clearly marked supply of drinking water should be provided.

Provision should be made for storage of work or personal clothing and, where possible, facilities for drying wet clothes. Changing facilities should also be provided for employees who have to change into special work clothing.