The Health and Safety (Miscellaneous Amendments) Regulations 2002

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 Great Britain to European requirements. They also contain drafting changes.

2.  Regulation 2 amends regulation 2 of the Health and Safety (First-Aid) Regulations 1981, 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 (OJ 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 1992—

(a) by removing, in relation to workstations, the limitation in regulation 3 to those used by “users” and “operators”, so as to give full effect to Articles 4 and 5 of Council Directive 90/270/EEC (OJ 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 5 and 6.

4.  Regulation 4 amends the Manual Handling Operations Regulations 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 (OJ 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 1992 to give full effect to Articles 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 (OJ No. L393, 20.12.89, 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 1992 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 points 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 1998 to give clearer effect to Article 4 of, and point 2.8 of Annex 1 to, Council Directive 95/63/EC (OJ 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 (OJ No. L335, 30.12.95, p.28).

8.  Regulations 8 and 9 make minor drafting changes to the Lifting Operations and Lifting Equipment Regulations 1998 and the Quarries Regulations 1999 respectively, including changes to correct errors.

9.  A copy of the regulatory impact assessment prepared in respect of these Regulations may be obtained from the Economic and Statistical Analysis Unit, Health and Safety Executive, Rose Court, 2 Southwark Bridge, London SE1 9HS. Copies have been placed in the Library of each House of Parliament.

10.  Because this note identifies the various European requirements to which each provision gives effect, no Transposition Note has been prepared.