Health and Safety (Miscellaneous Amendments) Regulations (Northern Ireland) 2003

Explanatory Note

(This note is not part of the Regulations.)

1.  These Regulations amend the regulations relating to health and safety at work which are specified below, to give effect in Northern Ireland to European requirements. They also contain drafting changes.

2.  Regulation 2 amends regulation 3 of the Health and Safety (First-Aid) Regulations (Northern Ireland) 1982, so as to require that a first-aid room shall be easily accessible and be sign-posted. It gives effect to point 19.2 of Annex 2 to Council Directive 89/654/EEC (O.J. No. L393, 30.12.1989, p. 1) concerning the minimum safety requirements for the workplace (“the Workplace Directive”).

3.  Regulation 3 amends the Health and Safety (Display Screen Equipment) Regulations (Northern Ireland) 1992 –

(a) by removing, in relation to workstations, the limitation in regulation 5 to those used by “users” and “operators”, so as to give full effect to Articles 4 and 5 of Council Directive 90/270/EEC (O.J. No. L156, 21.6.90, p. 14) on the minimum safety and health requirements for work with display screen equipment;

(b) by making minor and drafting changes to regulations 7 and 8.

4.  Regulation 4 amends the Manual Handling Operations Regulations (Northern Ireland) 1992 by adding regulation 4(3). It specifies factors to be taken account of in determining whether operations involve risk. It gives effect to Annex II to Council Directive 90/269/EEC (O.J. No. L156, 21.6.90, p. 9) on the minimum health and safety requirements for the manual handling of loads where there is a risk particularly of back injury to workers.

5.  Regulation 5 amends the Personal Protective Equipment at Work Regulations (Northern Ireland) 1993 to give full effect to Article 4(3), (4), (5) and (8) (general provisions) and, in relation to the addition of regulation 4(4), to Article 5(1) (assessment) of Council Directive 89/656/EEC (O.J. No. L393, 30.12.89, p. 18) on the minimum health and safety requirements for the use by workers of personal protective equipment at the workplace.

6.  Regulation 6 amends the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993 to variously give complete, or clearer, effect to the following provisions of the Workplace Directive –

(a) Article 2 (meaning of workplace) (regulation 6(b));

(b) Article 6, fourth indent (maintenance of equipment to prevent hazards) (regulation 6(d));

(c) Annex 1 point 2 (stability and solidity) (regulation 6(c));

(d) Annex 1 point 7.3 (excessive effects of sunlight) and 9.1 second paragraph (thermal insulation) (regulation 6(f));

(e) Annex 1 point 16.2 (tables and seats in rest rooms) (regulation 6(h));

(f) Annex 1 point 18.1.1 (changing rooms) (regulation 6(g));

(g) Annex 1 point 20 (handicapped workers) (regulation 6(a) and (i)),

and revokes regulation 6(3) in consequence of the repeal or revocation of the provisions to which it refers.

7.  Regulation 7 amends regulations 10 (conformity with Community requirements) and 11 (dangerous parts of machinery) of the Provision and Use of Work Equipment Regulations (Northern Ireland) 1999 to give clearer effect to Article 4 of, and point 2.8 of Annex 1 to, Council Directive 89/655/EEC (O.J. No. L393, 30.12.89, p. 13) on the minimum health and safety requirements for the use of work equipment as amended by Council Directive 95/63/EC (O.J. No. L335, 30.12.95, p. 28).

8.  Regulation 8 makes a minor drafting change to the Lifting Operations and Lifting Equipment Regulations (Northern Ireland) 1999.

9.  In Great Britain the corresponding Regulations are the Health and Safety (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2174). The Great Britain Health and Safety Executive has prepared a regulatory impact assessment in respect of these regulations and a copy of that assessment together with a Northern Ireland Supplement prepared by the Health and Safety Executive for Northern Ireland is held at the offices of that Executive at 83 Ladas Drive, Belfast, BT6 9FR from where a copy may be obtained on request.