Posted By Gordon Thelwell
I have collated the following information regarding the legal aspects concerning pallet racking. The Quoted legislation is not exclusive and you are advised to consult your own Health and Safety Professional with regards to its specific application to your own undertaking. Also, your local Health and Safety Executive Branch or Local Authority Inspector will be able to offer further expert advice and guidance.
Please pat particular attention to PUWER where most of the prosecution relating to pallet racking cases and breaches are pursued upon.
The Health and Safety at Work etc Act 1974
Section 2(1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the Health, Safety and Welfare at work of all its employees.
2(2(a)) ..the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health.
2(2(b)) ..arrangements for ensuring, so far as is reasonably practicable, safety and absence of risk to health in connection with the use of handling, storage, and transport of articles and substances.
2(2(d)) the maintenance of it in a condition that is safe and without risks to health
The Management of Health and Safety at Work Regulations 1999
Regulation 3(1) Every employer shall make a suitable and sufficient assessment of the risks to the health and safety of health of his employees to which they are exposed whilst at work.
3(3) Any assessment….shall be reviewed by the employer who made it if:
(a) there is reason to suspect that it is no longer valid; or
(b) there has been a significant change in the matters to which it relates; and where as a result of any such changes to an assessment are required, the employer concerned shall make them.
3(6) Where the employer employs five or more employees, he shall record-
(a) the significant findings of the assessment; and
(b) any group of employees identified by it as been especially at risk
4 (Schedule 1) Where an employer implements any preventive measures he shall do so on the basis of the principles specified in Schedule 1 to these Regulations
5(1) Every employer shall make and give effect to such arrangements as are appropriate having regard to the nature of his activities, and size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.
7(5) A person shall be regarded as competent…where he has sufficient training and experience of knowledge and other qualities to enable him properly to assist in undertaking measures referred to in Regulation 5(1)
8 Every employer shall; establish and where necessary give effect to appropriate procedures to be followed in the event of serious and imminent danger to persons at work in his undertaking.
The Workplace (Health, Safety and Welfare) Regulations 1992
5(2) Where appropriate, the equipment, devices and systems to which this regulation applies shall be subject to a suitable system of maintenance.
13(3(b)) So far as is reasonably practicable, suitable and effective measures shall be taken to prevent any event specified in paragraph :
Any person being struck by a falling object likely to cause personal injury.
The Provision and Use of Work Equipment Regulations 1998
Regulation 5(1) Every employer shall ensure that work equipment is maintained in an efficient state, in efficient working order and in good repair.
5(2) Every employer shall ensure that where any machinery has a maintenance log, the log is kept up to date.
6(1) Every employer shall ensure that, where the safety of work equipment depends on the installations conditions, it is inspected
6(3) Every employer shall ensure that the results of an inspection made under this regulation is recorded and kept until the next inspection under this regulation is recorded.
7(1) Where the use of work equipment is likely to involve a specific risk to health or safety every employer shall ensure that-
(b) repairs, modifications or servicing of that work equipment is restricted to those persons who have been specifically designated to perform operations of that description (whether or not also authorised to perform other operations)
12(1) Every employer shall take measures to ensure that the exposure of a person using work equipment to any risk to his health or safety from any hazard specified in paragraph 3 is either prevented or where that is not reasonably practicable, adequately controlled.
(3(a)) Any article or substance falling or being ejected from work equipment.
20 Every employer shall ensure that work equipment or any part of work equipment is stabilised by clamping or otherwise where necessary for purposes of health and safety.
22 Every employer shall take appropriate measures to ensure that work equipment is so constructed or adapted that, so far as is reasonably practicable, maintenance operations which involve a risk to health and safety can be carried out while the work equipment is shut down, or in other cases.
(a) maintenance operations can be carried out without exposing the person carrying them out to a risk to his health or safety; or
(b) appropriate measures can be taken for the protection of any person carrying out maintenance operations which involve a risk t his health or safety.
The Manual Handling Regulations 1992
4 (1(ii)) Each employer shall…take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations to the lowest level reasonably practicable.
Regards,
Gordon Thelwell