Work to rules
Employers in the hospitality industry could face prosecution from the beginning of 1996 if they fail to comply with recent health and safety legislation. A safe working environment, safe working practices and suitable amenities for employees will become compulsory.
In 1993, six sets of health and safety regulations came into force, implementing EC directives on health and safety at work. One of these was the Workplace (Health Safety and Welfare) Regulations 1992. They set physical standards for workplaces and cover the welfare of employees.
The regulations are already in force for new premises, but for workplaces that were occupied before 1993, there has been a lead-in period. This period is now over and all workplaces will have to comply with these regulations by 1 January 1996. Employers that don't comply will face enforcement action.
The working environment
As it is known that the working environment contributes to many health risks and occupational illnesses, the regulations have set standards for:
Ventilation
This needs to be suitable and sufficient to ensure that a supply of fresh or purified air is available. This is important for kitchens where ventilation may be needed to remove steam and grease. Kitchens can become dangerously hot and humid premises for workers.
Temperature
Extremes of heat or cold can have serious effects on health and these regulations set a minimum standard of 16ºC, or 13ºC if the work involves severe physical effort. At the other end of the scale, coolers may be required to achieve a reasonable working temperature, although no upper limit on temperature is included in the regulations or the Approved Code of Practice. Thermometers should be provided so that temperature can be monitored.
Lighting
Every workplace is required to have suitable and sufficient lighting - from a natural source wherever possible. Lights must not create glare or dazzle employees.
In kitchens, particular care should be taken with under-canopy situations where employees will be dealing with hot substances, often with the light source behind them shading the work area. Care should also be taken in store rooms and beer cellars.
Room Size
Workrooms must be large enough for the tasks to be carried out safely, and sufficient space should be available to move about freely. A minimum allowance per person is 11cu m.
Workstations and seating
Workstations are usually thought of as desks and chairs, but in fact can mean any position or arrangement where work tasks are carried out.
All workstations must be arranged so they are suitable for the person required to work there. Wherever possible, tasks should be carried out in a sitting position. The worker should always be at a suitable height in relation to the work surface at which the tasks are carried out.
As a general guide, the workstation must fit the individual rather than trying to make the individual fit the work-station. Adjustable chairs are a good alternative to making one chair suit all staff, who may range from Arnold Schwarzenegger to Danny DeVito.
Safety
Specific safety aspects are covered in detail in the regulations.
Floors and traffic routes: Floors and passageways must be of sound construction, free from holes and slopes which may cause risks, and provided with appropriate drainage if necessary.
Handrails and guards should be provided where necessary, usually in accordance with building regulations. In kitchens, special attention is needed in wet areas and cooking areas, where a slip-resistant floor may be required. Pay attention to places where staff turn or pivot on the floor.
Premises where pedestrians and public cross need special care when planning routes and pedestrian access in order to separate movements as far as possible.
Falls and falling objects: Falls from heights are the most common cause of fatal accidents at work and so these regulations set out strict controls for avoiding such incidents. Where a person might fall from a height of two metres or more, a secure fence at least 1,100mm high and with at least two rails should be provided.
There are rules for fixed ladders and the covering of tanks and pits. Fragile roofs should be protected by defined, adequately strengthened walkways and may require restricted access to ensure that only appropriately trained and informed employees work on such structures. To avoid falling objects injuring people, goods should be stacked securely and any racks or shelving must be able to cope with the load placed on it.
Transparent or translucent doors, walls, windows etc: Serious injuries can result from people walking into or falling through glass partitions, doors, walls and so on, and these regulations make it a requirement for these structures to be protected by being constructed of safety material or protected against breakage, and by being conspicuously marked or incorporating features that make it apparent that the structure is there.
It is important to note that the regulation states that action need only be taken "where necessary for reasons of health and safety".
Confusion has arisen in that some people have interpreted the advice in the Approved Code of Practice as being an absolute requirement that action must be taken in all situations where any glazing is below waist height, or in the case of doors, gates and adjacent side panels where the glazing is below shoulder height. This is not the case.
Action is required only where necessary for reasons of health or safety. Employers therefore need to carry out a simple risk assessment for each situation where there is a glazed construction and decide if action is necessary to avoid the risk of injury.
It may be the case that adequate action may simply involve placing coloured lines or patterns on the glass to make it more conspicuous.
Windows, skylights and ventilators: These must be capable of being opened safely and must not present a hazard in the open position. They must also be able to be cleaned safely. This may involve the use of cradles or special cleaning apparatus.
Doors and gates: These need to be constructed and maintained so that they can operate safely. Specifically:
sliding doors must have a device fitted to prevent the door from coming off its track
upward opening doors (eg garage doors) must have a device to prevent the door from dropping
powered doors must have suitable devices to prevent the doors from injuring people as they close
if necessary, powered doors should be capable of being opened manually
if a door or gate can be opened from either side it should have clear sight panels to prevent collisions.
Housekeeping: The workplace, equipment and devices required in these regulations must be well-maintained and in good working order. Special attention should be given to any safety devices.
The workplace must also be kept clean and be able to be cleaned effectively, and waste must not be allowed to build up in the workplace.
Facilities
The previous sections have dealt with the physical working environment, but the regulations also deal with welfare arrangements for workers. These include:
the provision of sanitary conveniences and washing facilities in accordance with schedules of minimum provision
the provision of accommodation for outdoor clothing and changing facilities if required
an adequate and accessible supply of wholesome drinking water
rest areas and facilities to eat meals, including a new requirement to protect non-smokers from discomfort
rest areas designed for pregnant women and nursing mothers.
Many of these requirements repeat provisions in existing legislation, but more detail has been given either in the regulation itself or in the Approved Code of Practice. The opinion among many enforcement officers is that there has already been a three-year lead-in period and therefore the honeymoon period is over.
This could mean a more formal line may be taken against those employers who have not complied. You have been warned!
Copies of the Approved Code of Practice on Workplace Health, Safety and Welfare are available from HMSO, ISBN: 0-7176-0413-6.
