Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993

Explanatory Note

This note is not part of the Regulations.)

1.  These Regulations impose requirements with respect to the health, safety and welfare of persons in a “workplace”, defined in regulation 2(1).

2.  Except to the extent specified below, the Regulations give effect as respects Northern Ireland to Council Directives 89/654/EEC (O.J. L393, 30.12.89, p. 1) concerning the minimum safety and health requirements for the workplace (“the Directive”).

3.  The Regulations do not apply to a workplace which is or is in or on a ship (regulation 3(1)(a)). Nor do they impose requirements with respect to—

(a) information of workers (Article 7 of the Directive);

(b) consultation of workers and worker’s participation (Article 8 of the Directive);

(c) stability and solidity (Annex 1, point 2; and Annex II, point 2 of the Directive);

(d) electrical installations (Annex 1, point 3; and Annex II, point 3 of the Directive);

(e) emergency routes and exits (Annex 1, point 4; and Annex II, point 4 of the Directive);

(f) fire detection and fire fighting (Annex 1, point 5; and Annex II, point 5 of the Directive);

(g) thermal insulation (Annex 1, point 9.1, second paragraph of the Directive); and

(h) first-aid rooms or equipment (Annex 1, point 19; and Annex II, point 14 of the Directive.

4.  The Regulations do not apply in relation to certain construction sites and sites where mineral exploration or extraction is being or will be undertaken. The application of specified regulations is modified in their application to temporary work sites, specified means of transport and specified parts of agricultural undertakings (regulation 3).

5.  Requirements are imposed upon employers, persons who have, to any extent, control of a workplace, and persons who are deemed for the purposes of section 175(5) of the Factories Act (Northern Ireland) 1965 (c. 20) to be occupiers of factories (regulation 4).

6.  The Regulations impose requirements with respect to—

(a) maintenance of the workplace and certain equipment (regulation 5);

(b) ventilation of enclosed workplaces (regulation 6);

(c) temperature of indoor workplaces and the provision of thermometers (regulation 7);

(d) lighting (including emergency lighting) (regulation 8);

(e) cleanliness of the workplace, furniture, furnishings and fittings; the capability of keeping clean the surface of floors, walls and ceilings; and the accumulation of waste materials (regulation 9);

(f) room dimensions and sufficient space (regulation 10 and Schedule 1, Part I);

(g) the suitability of workstations (including workstations outdoors) and the provision of suitable seats (regulation 11);

(h) the condition of floors and routes for pedestrians, vehicles or both (regulation 12);

(i) the condition and arrangement of routes for pedestrians or vehicles (regulations 12 and 17)

(j) preventing persons from falling from a height or falling into a dangerous substance and preventing persons being struck by falling objects (regulation 13); (k) the material or protection of windows and other transparent or translucent surfaces in walls, doors or gates and to them being apparent (regulation 14);

(l) the manner in which windows, skylights or ventilators are opened, closed or adjusted and their position when left open (regulation 15);

(m) the design of windows and skylights (regulation 16);

(n) the construction of doors and gates (including the fitting of necessary safety devices (regulation 18);

(o) escalators and moving walkways (regulation 19);

(p) the provision of suitable sanitary conveniences (regulation 20 and Schedule 1, Part II)

(q) the provision of suitable washing facilities (regulation 21);

(r) the provision of a supply of drinking water and of cups or other drinking vessels (regulation 22);

(s) the provision of suitable accommodation for clothing and of facilities for changing clothing (regulation 23 and 24); and

(t) the provision of suitable facilities for rest and for eating meals (regulation 25).

7.  The Secretary of State for Defence may grant exemption from the requirements of the Regulations in the interests of national security (regulation 26).

8.  Provisions replaced by the Regulations are repealed or revoked (regulation 27 and Schedule 2).

9.  A Code of Practice approved by the Health and Safety Agency for Northern Ireland under Article 18(1) of the Health and Safety at Work (Northern Ireland) Order 1978 will be published and will give practical guidance on the Regulations. The Code of Practice may be purchased from HMSO Bookshop, 16 Arthur Street, Belfast BT1 4GD.

10.  A person who contravenes the Regulations is guilty of an offence under Article 31 of the Health and Safety at Work (Northern Ireland) Order 1978.