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Woods29068  
#1 Posted : 10 June 2013 12:48:19(UTC)
Rank: Forum user
Woods29068

I am looking for the guidance, ACOP etc and examples of how and why HASAW does not apply to incidence of everyday life. Look forward to your comments. Rob
achrn  
#2 Posted : 10 June 2013 13:20:05(UTC)
Rank: Super forum user
achrn

I think you need to clarify the question. At the moment it looks like you are asking for a reference that tells you that the Health and Safety AT WORK act does not apply when you are not at work. It just doesn't, in much the same way that SI 2013 No 1269 does not apply other than to the A47 between Dereham and North Tuddenham.
safetyamateur  
#3 Posted : 10 June 2013 13:20:53(UTC)
Rank: Super forum user
safetyamateur

Rob, not entirely sure what you're after but it does say 'at Work' in the title and throughout the Act. I guess the 'neighbour principle' in common law (and all associated caselaw) takes care of all other parts of life.
Woods29068  
#4 Posted : 10 June 2013 14:04:56(UTC)
Rank: Forum user
Woods29068

Got the case law, looking for instances such as making a cup of tea or walking up or down stairs at work would not be covered as these are incidences that would happen in everyday life. Teaching/Helping someone make a cup of tea or carrying boxes up stairs would. Both the former and later you would have to do at work but obviously one set are work related tasks. I know it's common sense but I have to persuade others that this is the case. Looking for the guidance, COP apart from case law to prove my point. Saw a good article about it a few years ago but google has let me down. Hope someone can help.
Woods29068  
#5 Posted : 10 June 2013 14:11:30(UTC)
Rank: Forum user
Woods29068

achrn you'll have to run your train of thought by me on the A47 relevance.
DaveDowan  
#6 Posted : 10 June 2013 14:26:07(UTC)
Rank: Forum user
DaveDowan

Hi Rob Again I am not sure what you are getting at , making a cup of tea and walking up and down stairs would be covered if they are at work. Apologies but not sure what you are getting at regards Dave
safetyamateur  
#7 Posted : 10 June 2013 14:37:07(UTC)
Rank: Super forum user
safetyamateur

Do you mean something that shows you don't have to train people at work to do common tasks such as make a cup of tea safely? Pretty sure that would be found in the caselaw.
safetyamateur  
#8 Posted : 10 June 2013 14:39:34(UTC)
Rank: Super forum user
safetyamateur

Just realised I'm ranked as a Super Forum User. Whoooooohoooooooooo!!!!!!!
Woods29068  
#9 Posted : 10 June 2013 14:40:25(UTC)
Rank: Forum user
Woods29068

They would not be classed as work related incidents. Common misconception. If someone was to spill a cup of tea on you it would. Within the case law many many instances I can recall it's cited as a frivilous risk. I'm certain there was HSe guidance on this. I will at some point find it.
Woods29068  
#10 Posted : 10 June 2013 14:50:22(UTC)
Rank: Forum user
Woods29068

5 steps to risk assessment. You do not need to include risks from everyday life unless your work activities increase the risk.
Woods29068  
#11 Posted : 10 June 2013 14:52:57(UTC)
Rank: Forum user
Woods29068

5 steps to risk assessment. You do not need to include risks from everyday life unless your work activities increase the risk.
Woods29068  
#12 Posted : 10 June 2013 14:56:09(UTC)
Rank: Forum user
Woods29068

There is more guidance to go with the five steps quote but with the case law it's a start.
Canopener  
#13 Posted : 10 June 2013 14:57:00(UTC)
Rank: Super forum user
Canopener

The only thing I can think of is the HSE Sensible Risk campaign, the principles of sensible risk management etc. As I recall this does mention something along the lines of not inflating frivolous risks
A Kurdziel  
#14 Posted : 10 June 2013 14:59:36(UTC)
Rank: Super forum user
A Kurdziel

Are you asking if something like making a cup of tea comes within the remit of H&S law. Well it might: If the employee makes cups of tea as part of their job ie they are a tea lady or a PA that brings cups of tea/coffee to the boss and they are scalded then yes H&S law might apply- of course they would have to prove that there was something wrong; inadequate risk assessments expected to carry too many cups of tea at once, floor not suitable for the person carrying the cups of tea etc. In addition, if the employer supplied a tea making facility for staff to us and it was inadequate eg not electrically safe then yes there would be a case but if an employee simply scalded themselves making cup of team for themselves and it entropy down to their cack-handedness I would think that there was no case. If they managed to scald somebody else or dripped tea on the tea room floor and did not clear it up creating slip hazard) then there might be case to answer. As you can see, it’s not simple and straight forward and can keep the lawyers busy for years
Jake  
#15 Posted : 10 June 2013 15:21:50(UTC)
Rank: Super forum user
Jake

OP, Woods has answered your query :-) What you remember reading was the HSE information about risk assessment, not the applicability of H&S law to everyday tasks that occur whilst at work (which as AK has detailed, is covered). This is stated in a few HSE sources, one of which is their FAQ page: http://www.hse.gov.uk/risk/faq.htm#q2 As our risk mitigating controls (policies, procedures, training, monitoring etc. etc.) are decided based on risk assessment, the deduction is that for these everyday hazards to which the HSE refer, we don't need mitigating controls as we don't have to undertake a risk assessment for them.
Jake  
#16 Posted : 10 June 2013 16:34:36(UTC)
Rank: Super forum user
Jake

ETA, I didn't realise that woods was the OP (so this post is to prevent me looking like a madman), Woods it looks like you answered your own question?!
Ron Hunter  
#17 Posted : 10 June 2013 17:00:17(UTC)
Rank: Super forum user
Ron Hunter

paragraph 13 of the L21 ACoP: "The risk assessment should identify the risks arising from or in connection with work. The level of detail in a risk assessment should be proportionate to the risk. Once the risks are assessed and taken into account, insignificant risks can usually be ignored, as can risks arising from routine activities associated with life in general, unless the work activity compounds or significantly alters those risks. The level of risk arising from the work activity should determine the degree of sophistication of the risk assessment."
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