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�UNIT 5 �HEALTH & SAFETY �IN �CONSTRUCTION

Dr Adewale Abimbola, FHEA, GMICE.

www.edulibrary.co.uk

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AIM & OBJECTIVES

Aim:

Management of Health and Safety at Work Regulations, MHSWR, 1999.

Objectives: At the end of the lesson, the students should be able to:

  • State the importance of managing health and safety in construction.
  • Explain how the MHSWR impact on construction.

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�WHY MANAGE HEALTH AND SAFETY IN CONSTRUCTION?

  • To reduce fatalities, major injuries and minor injuries as a result of accidents.
  • Reduce long term illness.
  • Reduce the occurrences of incident, near misses and dangerous occurrences.
  • To comply with the law.
  • Avoid fines.
  • Avoid bad publicity.

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�MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999

  • The Regulations were introduced to reinforce the Health and Safety at Work etc. Act 1974.
  • This regulation places a duty on employers including those who are clients, designers, principal contractors or other contractors and employees to assess and manage risks to their and others arising from work activities.
  • Employers must also make arrangements:

- to ensure the health and safety of the workplace. How?

- including making arrangements for emergencies. How?

- adequate information and training for employees. How/What?

- health surveillance where appropriate. What?

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�MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999

  • Employees also have duties under MHSWR to:

- Report any shortcomings in health & safety arrangements.

- Report dangerous situations.

- Use equipment in accordance with training and instruction.

- Take reasonable care of their own health & safety and those of others who may be affected by their acts or omissions.

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�MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999�

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  • The Management of Health and Safety at Work Regulations were amended in October 2003 to remove the civil liability exclusions in the 1999 Regulations and allow:

-Employees to claim damages from their employer in a civil action, where they suffer injury or illness as a result of the employer breaching the 1999 Regulations.

-Employers to bring actions against employees for breaches of their duties under the 1999 Regulations.

http://www.legislation.gov.uk/uksi/1999/3242/contents/made

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�MANAGEMENT OF HEALTH AND SAFETY AT WORK REGULATIONS 1999 – CASE STUDY�

MHSWR 1999 case study (Health and Safety Executive, 2023)

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The plaintiff, an experienced factory worker employed at Modern Manufacturing Inc., encountered a hazardous situation during her routine duties on the factory floor.

The factory was undergoing extensive renovations, with various contractors hired for the project.

One subcontractor had placed a bag of construction materials near a walkway that was frequently used by employees to access their workstations. While carrying a load of finished products, the plaintiff, who had been using this path for years, inadvertently tripped over the bag, leading to severe injuries.

The injuries not only prevented her from returning to her job but also had a profound impact on her health and personal life.

a. Do you think the employee would win this case, and why?

b. How could the hazard have been prevented?

Group-assessment Task

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�SELF ASSESSMENT TASK

  • Research a copy of the Management of Health and Safety at Work Regulations 1999 (http://www.legislation.gov.uk/uksi/1999/3242/regulation/14/made), and:
  • Discuss the duties required of the employee towards health and safety(sections 10 & 14).
  • Discuss the duties required of the employer towards health and safety (sections 3, 5, 6 13 & 15).

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  • Pearson (2017) BTEC national construction student book. London: Pearson.

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References/Bibliography