All workplaces are covered by the Workplace (Health, Safety and Welfare) Regulations 1992 (or Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993).
Regulations 1 and 2 of the Workplace (Health, Safety and Welfare) Regulations 1992 (or Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993) define workplace as 'any premises or part of premises which are not domestic premises and are made available to any person as a place of work, and includes any place within the premises to which such a person has access while at work; any room, lobby, corridor, staircase, road or other place used as a means of access to or egress from the workplace or where facilities are provided for use in connection with the workplace other than a public road'.
Premises can mean any place, including an outdoor place.
Regulation 3 lists those workplaces to which the regulations do not apply:
Regulation 4 outlines who is responsible for ensuring compliance with the regulations. Employers have a duty to ensure that workplaces under their control comply with these regulations. Employers who rent their workplace must also ensure that the workplace they occupy complies with regulations; although, in this case, their landlord has some responsibility, too. The landlord's responsibilities are generally limited to areas under their control such as common parts and common facilities of the premises.
So, if you are renting office premises, it is likely to be the landlord who is responsible for ensuring compliance with these regulations in the common parts of the premises. For example, the landlord would be responsible for the general condition of a lobby, staircase and landings for shared toilets provided for tenants' use and for maintaining ventilation plant. But the landlord would not be responsible under the regulations for matters outside of his/her control; for example, a spillage caused by a tenant or shortcomings in the day-to-day cleaning of sanitary facilities where this is the tenant's responsibility. Tenants should cooperate with each other, and with the landlord, to the extent necessary to ensure that the requirements of the regulations are fully met.
Under regulation 5, workplaces and related equipment, devices and systems, must be kept in a clean and efficient state and in good repair. Maintenance must be suitable and sufficient and records should be kept to show maintenance programmes. Examples of the 'equipment, devices and systems' include such things as emergency lighting systems, fixed window cleaning equipment, anchorage points for safety harnesses, devices to limit window openings, powered doors and escalators.
Regulation 6 requires the provision of suitable and adequate ventilation. This can be by fresh or purified air. Ventilation should be provided for by either windows and other openings or through a mechanical ventilation system.
Regulation 7 concerns temperature. It requires that, during working hours, the temperature in all workplaces inside buildings must be 'reasonable'. There is a requirement for sufficient thermometers to be provided so that employees can easily ascertain what the temperature is.
The temperature in workplaces should be at least 16 degrees Celsius, unless it is physical work, where the temperature should be at least 13 degrees Celsius. These temperatures may not ensure reasonable comfort depending on factors such as humidity and air movement.
Where the temperature in a workroom would otherwise be uncomfortably high, for example because of hot processes or the design of the building, all reasonable steps should be taken to achieve a reasonably comfortable temperature, for example by:
Where, despite the provision of local cooling, workers are exposed to temperatures which do not give reasonable comfort, suitable protective clothing and rest facilities should be provided. Where practical there should be systems of work (for example, task rotation), to ensure that the length of time for which individual workers are exposed to uncomfortable temperatures is limited.
Regulation 8 requires suitable and sufficient lighting to be provided. This should be by natural light, so far as is reasonably practicable. Lighting should be sufficient to enable people to work and move around safely. A suitable system of emergency lighting must also be installed where sudden loss of light would present a serious risk.
Regulation 9 requires workplaces, furniture, fittings, floor, wall and ceiling surfaces to be kept suitably clean. It also requires waste materials and rubbish to be kept to a minimum and stored in suitable containers.
Regulation 10 concerns room sizes and states that every work room must be large enough, including free space, to be safe to work in. There should be a minimum of 11 cubic metres per person, counting any parts of the room over 3m high as only 3m high. However, this may be insufficient to meet the requirements of the regulations, depending upon the amount of furniture etc. in the room. A floor space of 4.6 square metres, e.g. 2x2.3m, will be needed per person.
Regulation 11 covers workstations: they must be suitable for both the work to be done and the person doing the work, there must be a suitable seat, if appropriate, and a footrest must be provided if needed. Workstations outside must, where reasonably practicable, protect the worker from adverse weather and be easy to evacuate in an emergency.
Regulation 12 states that every floor and the surface of all traffic routes within a workplace must be suitably constructed and should be kept as free as possible from any obstructions that could cause slips, trips or falls. Where surfaces are likely to become wet, either through the work process or because of spillage, a suitable system of controlling the risk of slipping must be in place, either through drainage, a clearing-up system or slip-resistant coating.
External traffic routes must have a suitable system in place for dealing with ice and snow.
Floors must only be loaded within their weight-bearing capacity. Holes, slopes and uneven surfaces all pose a risk to health and must be properly controlled, through fencing or repairs. Regulation 13 deals with falls or falling objects. This regulation guards against two specific events:
Information can be obtained on the HSE website
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Regulation 14 requires that where it is necessary for health and safety, items such as windows and transparent doors, gates and walls, must be constructed of suitable safety material or protected against breakage, if appropriate, and marked so that they are clearly visible.
Regulation 15 requires all windows etc. to be easy and safe to open and close and, when open, must be safe. There must, under regulation 16, be safe methods for cleaning and maintenance.
Regulation 17 concerns safety in moving around the workplace, especially where pedestrians and vehicles interact within a site. Pedestrian routes must be safe, suitable for the number of people expected to use them, and whenever possible, separate from vehicle routes. Loading bays, and areas where vehicles have to reverse, present a particular hazard and this must be adequately controlled.
Regulation 18 requires all doors and gates to be fitted with viewing panels, if there is a risk of opening them onto people on the other side. Sliding doors and gates must have a suitable stop to prevent them coming off the end of their track, and upward opening doors must be fitted with a device to prevent them falling closed in such a way as to cause injury.
Regulation 19 states that escalators and moving walkways must:
Regulations 20 and 21 set down the requirements for adequate sanitary facilities.
Sanitary conveniences for men and women should normally be provided in separate rooms. The only exception is if a facility is for a single person at any one time and the door can be secured from the inside. The rooms should be well ventilated and lit, and kept clean and tidy. Washing facilities must be provided 'in the immediate vicinity' of every sanitary convenience and must have a supply of clean hot and cold water.
The tables below show the minimum numbers of water closets, urinals and washstations that must be provided. Table 1 is the general provision, whilst Table 2 shows an alternative calculation for men's facilities. A separate calculation for each group of workers covered is required.
Table One
| Number of people at work | 1 to 5 | 6 to 25 | 26 to 50 | 51 to 75 | 76 to 100 |
|---|---|---|---|---|---|
| Number of water closets |
1 |
2 |
3 |
4 |
5 |
| Number of washstations |
1 |
2 |
3 |
4 |
5 |
Table Two
| Number of men at work | 1 to 15 | 16 to 30 | 31 to 45 | 46 to 60 | 61 to 75 | 76 to 90 | 91 to 100 |
|---|---|---|---|---|---|---|---|
| Number of water closets |
1 |
2 |
2 |
3 |
3 |
4 |
4 |
| Number of urinals |
1 |
1 |
2 |
2 |
3 |
3 |
4 |
Regulation 22 requires that an adequate supply of wholesome drinking water must be provided. Suitable cups should also be provided, unless the drinking water is in the form of an upward drinking jet. If the cups are not disposable, there must be a convenient location to wash them. The preference is for a mains supply, though bottled water/water dispensers can still be provided as a secondary source.
Regulations 23 and 24 provide that all workers should be provided with suitable space to hang any of their own clothes not worn at work - this can be within the workroom, if appropriate. Where workers have to change from their own clothes for work, they must be provided with adequate and suitable accommodation both to change in and to secure their own clothes.
Where special clothing (e.g. uniforms, overalls, thermal clothing) is worn for work and left at work, there must be suitable accommodation for it, including adequate drying facilities, if it is likely to become wet.
Regulation 25 requires the provision of adequate rest facilities. Separate rest rooms must be provided if workers are unable to sit and rest at their workstations for reasons of health and safety. Any such rooms or areas should contain seats and tables, in sufficient numbers for the workers who may use the facility at any one time.
Where workers are unable to eat meals in the work area (e.g. due to risk of contamination), there must be adequate provisions made within rest areas/rooms. Pregnant women and nursing mothers must also be provided with suitable rest areas.
All rest rooms/areas must include suitable arrangements to protect non-smokers from exposure to tobacco smoke. Throughout the UK, there should be no smoking in any of the rest rooms/areas due to the ban on smoking. Designated smoking rooms are no longer permitted.