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The Workplace (Health, Safety and Welfare) Regulations 1992

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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 Great Britain to Council Directive 89/654/EEC (OJ L. 393, 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)stability and solidity (Annex I, point 2; and Annex II, point 2 of the Directive);

(b)electrical installations (Annex I, point 3; and Annex II, point 3 of the Directive);

(c)emergency routes and exits (Annex I, point 4; and Annex II, point 4 of the Directive);

(d)fire detection and fire fighting (Annex I, point 5; and Annex II, point 5 of the Directive);

(e)thermal insulation (Annex I, point 9.1, second paragraph, of the Directive); and

(f)first aid rooms or equipment (Annex I, point 19; and Annex II, point 14 of the Directive).

4.  The Regulations are disapplied in relation to construction sites and sites where mineral exploration or extraction is 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 to be the occupiers of factories for the purposes of section 175(5) of the Factories Act 1961 (c. 54) (regulation 4).

6.  The Regulations impose requirements with respect to—

(a)maintenance (regulation 5);

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

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

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

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

(f)room dimensions and unoccupied 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 (regulation 12);

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

(j)protection from falling objects and from persons falling from a height or falling into a dangerous substance (regulation 13);

(k)the material or protection of windows and other transparent or translucent walls, doors or gates and to them being apparent (regulation 14);

(l)the way in which windows, skylights or ventilators are opened and the position they are left in when open (regulation 15);

(m)the ability to clean 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 (regulations 23 and 24); and

(t)the provision of suitable facilities for rest and to eat 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. There is a saving for provisions of the Offices, Shops and Railway Premises Act 1963 (c. 41) in specified circumstances (regulation 27 and Schedule 2).

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