Background

1. Since the Management of Health and Safety at Work Regulations 1992 (MHSW Regs) came into effect they have been subject to 3 amendments:

1) The Management of Health and Safety at Work (Amendment) Regulations 1994;

2) The Health and Safety (Young Persons) Regulations 1997; and

3) The Fire Precautions (Workplace) Regulations 1997.

Further modifications were required in order to demonstrate full compliance with the European Framework Directive. These were subject to consultation during summer 1999 as the draft Health and Safety (Miscellaneous Modifications) Regulations, together with a revised Management Regulations approved code of practice (ACoP).

Given that this latest change was the fourth amendment to the 1992 Regulations, lawyers considered that we should take the opportunity to consolidate all the amendments into a new set of Regulations.

2. Consequently, the Management of Health and Safety at Work Regulations 1999 (the Management Regulations) were laid before Parliament on 8 December 1999 and came into effect on 29 December 1999.

Summary of Main Changes

3. The main changes to the Management Regulations are:

1) the individual Regulations have been renumbered as a result of incorporating the post 1992 amendments (the contents of the new Regulations, cross referenced to their equivalents in the 1992 Regulations, are reproduced in Appendix 1 for convenience); and

2) four new regulatory changes introduced through the Regulations which are summarised at Appendix 2.

4 The Management Regulations also contain amendments to the following:

3) The Health and Safety (First Aid) Regulations 1981;

4) The Offshore Installations and Pipeline Works (First Aid) Regulations 1989;

5) The Mines Miscellaneous Health and Safety Provisions Regulations 1995; and

6) The Construction (Health, Safety and Welfare) Regulations 1996.

These amendments are summarised in Appendix 3.

Action by Inspectors

5. Inspectors should note the changes made to the Management Regulations. In particular it is important to ensure that the date of these Regulations and the revised numbering are referred to in:

1) notices issued under the Regulations on or after 29 December 1999; and

2) informations for alleged offences under the Regulations occurring on or after 29 December 1999.

Guidance

6. The revised ACoP, containing the Management Regulations is expected to be published around March 2000.

Appendix 1

Arrange of the Management of Health and Safety at Work Regulations 1999

Reg. 1 Citation, commencement and interpretation. Reg. 1

Reg. 2 Disapplication of these Regulations Reg. 2

Reg. 3 Risk assessment Reg. 3

Reg. 4 Principles of prevention to be applied

Reg. 5 Health and safety arrangements. Reg. 4

Reg. 6 Health surveillance Reg. 5

Reg. 7 Health and safety assistance Reg. 6

Reg. 8 Procedures for serious and imminent danger and for danger areas Reg. 7

Reg. 9 Contacts with external services

Reg. 10 Information for employees Reg. 8

Reg. 11 Co-operation and co-ordination Reg. 9

Reg. 12 Persons working in host employers' or self-employed persons' undertakings Reg. 10

Reg. 13 Capabilities and training Reg. 11

Reg. 14 Employees' duties Reg. 12

Reg. 15 Temporary workers Reg. 13

Reg. 16 Risk assessment in respect of new or expectant mothers Reg. 13A

Reg. 17 Certificate from a registered practitioner in respect of new or expectant mothers Reg. 13B

Reg. 18 Notification by new or expectant mothers Reg. 13C

Reg. 19 Protection of young persons Reg. 13D

Reg. 20 Exemption certificates Reg. 14

Reg. 21 Provisions as to liability

Reg. 22 Exclusion of civil liability Reg. 15

Reg. 23 Extension outside Great Britain Reg. 16

Reg. 24 Amendment to the Health and Safety (First-Aid) Regulations 1981

Reg. 25 Amendment of the Offshore Installations and Pipeline Works (FIrst-Aid) Regulations 1989

Reg. 26 Amendment of the Mines Miscellaneous Health and Safety Provisions Regulations 1995

Reg. 27 Amendment of the Construction (Health, Safety and Welfare) Regulations 1996

Reg. 28 Regulations to have effect as health and safety regulations

Reg. 29 Revocations and consequential amendments

Reg. 30 Transitional Provision

Schedule 1 General principles of prevention

Schedule 2 Consequential amendments

Appendix 2

Summary of the Main Changes Introduced by the Management of Health and Safety at Work Regulations 1999

Regulation 4

1 This requires that when employers implement preventive and protective measures they do so on the basis of general principles of prevention contained in Schedule 1 of the Regulations. (These principles were previously included in the ACoP to the 1992 Management Regulations.)

2 It should be noted that 'preventive and protective measures' refers to the measures identified in a risk assessment as being necessary to comply with requirements or prohibitions imposed under any relevant statutory provision (see definition in reg.1(2)). Whilst the Managment Regulations reg.5 contains the duty to make arrangements with respect to planning, controlling, etc, these measures - the duty actually to implement them arises from the relevant statutory provisions rather than these Regulations. This means that before enforcement action can be considered under reg.5, it is necessary to show that:

1) there is a requirement or prohibition in a relevant statutory provision concerning the hazard in question; and

2) the assessment carried out under reg.3 has identified that preventive and protective measures are necessary because of the identified level of risk.

Regulation 7(8)

3 This requires that where there is a competent person in the employer's employment, that person shall be appointed for the purposes of this Regulation, ie providing the employer with health and safety assistance in preference to a competent person who is not in their employment.

4 It is important that this Regulation is NOT taken to mean that there is no role for external consultants. Employers who do not have sufficient competence themselves should look to appoint one or more of their employees who have the necessary means to provide health and safety assistance. If there are no (or an insufficient number of) relevant competent employees in the organisation, or their level of competence is insufficient to assist the employer in complying with health and safety law, the employer should enlist an external service or person. In some circumstances a combination of internal and external competent assistance might be appropriate.

Regulation 9

5 Employers are now required to arrange any necessary contacts with external services, especially as regards first aid, emergency medical care and rescue work.

Regulation 21

6 This states that employers are not afforded a defence for any contravention of the relevant statutory provisions by reason of any act or default caused by his employee or a competent person appointed by him under reg.7.

Appendix 3

Summary of Changes to other Regulations Introduced by the Management of Health and Safety at Work Regulations 1999

The Health and Safety (First Aid) Regulations 1981

1 HSE's power to grant exemptions under reg.6 of these Regulations is revoked.

The Offshore Installations and Pipeline Works (First Aid) Regulations 1989.

2 Changes to reg.5 limiting the scope for HSE to grant exemptions to these Regulations.

The Mines Miscellaneous Health and Safety Provisions Regulations 1995.

3 A new paragraph in reg. 4 requires that a fire protection plan be included in all cases in the health and safety document prepared under the Regulations. The paragraph contains details of what should be included under this part of the plan.

The Construction (Health, Safety and Welfare) Regulations 1996.

4 Regulation 20 concerning foreseeable emergencies is amended to include the designation of an adequate number of persons to implement the arrangements and the inclusion of necessary contacts with external emergency services especially with regard to rescue work and fire-fighting.