Health and Safety At Work (General Requirements) Regulations 1986

Citation and commencement

1 These Regulations may be cited as the Health and Safety at Work (General Requirements) Regulations 1986 and shall come into force on 8th December 1986 except regulation 9(3) which shall come into force on the date specified in regulation 9(4).

Interpretation

2 In these Regulations, unless the context otherwise requires, "building" means any building which has more than one place of em ployment.

Application

3 These Regulations apply to all places of employment, both per manent and temporary, and to an employee at work throughout the time when he is in the course of employment, but not otherwise.

Obligations under regulations

4 (1) Subject to these Regulations, every employer is responsible for compliance with the regulations in his place of employment except in respect of the facilities mentioned in regulations 9 and 10 where these are provided and maintained by a person in control of a building.

(2) In the case of a construction site, the principal contractor is responsible for compliance with regulations 9, 10 and 11 in respect of his own and other contractors' employees.

(3) In the case of a building, the person in control of the build ing is responsible for compliance with regulations 5, 8, 9, 10, and 15 in respect of those parts of a building in common use.

Cleanliness

5 (1) All places of employment shall be kept in a clean state and this shall be taken to include furniture, furnishings, fittings and fixed equipment.

(2) In the case of a building, the person in control of the build ing shall keep floors and stairways in common use clean.

(3) The interpretation of the word "clean" shall be a question of fact and shall depend upon the class or kind of work that is carried out on and in the premises.

Overcrowding

6 (1) No room constituting or forming part of a place of employ-
ment shall, while persons are at work, be so overcrowded as to cause risk of injury to persons.

(2) In determining whether a room is overcrowded regard shall be paid not only to the number of persons in the room, but also to the amount of space occupied by furniture, fittings, machinery and other things.

(3) In every room where persons habitually work, a minimum floor area of 3.72 sq. metres (40 square feet) shall be allowed for each person and in calculating the floor area members of the public need not be considered provided the room is not overcrowded.

Ventilation

7 (1) Every room constituting or forming part of a place of em ployment shall be provided with effective and suitable means of ventila tion.

(2) Ventilation in any room shall remove fumes, dust and other impurities which may affect the health and safety of persons.

Lighting

8 (1) All places of employment in which persons work or any parts into which members of the public may enter or both shall be pro vided with suitable and sufficient lighting, either natural or artificial.

(2) All artificial lighting apparatus shall be properly main tained.

(3) In the case of a building, the person in control of the build ing shall provide lighting for all areas in common use.

Sanitary facilities

9 (1) Suitable and sufficient sanitary facilities shall be provided for all persons at work; however, more than one place of employment may share facilities if the total facilities are sufficient for all the persons at work.

(2) In deciding on the total sanitary facility, due allowance shall be made where members of the public are also likely to use the facility.

(3) Subject to this regulation, where not less than ten persons, consisting of five or more persons of each sex, are regularly employed in an undertaking separate sanitary facilities shall be provided for persons of each sex.

(4) Subject to paragraph (5), paragraph (3) comes into force with effect from five years after the commencement of these Regulations.

(5) The Minister may by notice, if he is satisfied that in a par ticular undertaking it is not reasonable or practicable to meet the re quirement in paragraph (3), exempt the employer from complying with paragraph (3).

(6) Where all the employees in an undertaking are members of one family, paragraph (3) does not apply.

(7) All sanitary facilities shall be provided with reasonable per sonal hygiene supplies, kept clean and properly maintained by the em ployer or person in control of the building, as the case may be.

Washing facilities

10 (1) Suitable and sufficient washing facilities shall be provided for all persons at work; however, more than one place of employment may share facilities if the total facilities are sufficient for all persons at work.

(2) The facilities shall include a supply of clean running water, hand cleaner and clean towels or other suitable means of drying.

(3) Where employees are exposed on a regular basis to sub stances injurious to health, hot water shall be provided for washing and showers, if necessary.

(4) All washing facilities shall be kept clean and properly maintained by the employer or the person in control of the building, as the case may be.

Drinking water

11 (1) An adequate supply of potable drinking water shall be pro vided for all employees; if non-piped, the water must be kept in suitable containers and maintained in a fresh condition.

(2) The water shall be conveniently accessible and more than one place of employment may share a water facility.

Accommodation for clothing

12 Suitable storage shall be provided for employees' clothing not worn during working hours and also for working clothes not taken home.

Seating

13 (1) Suitable seats shall be provided for all employees who nor mally perform their work while sitting.

(2) Employees, who while working have reasonable opportuni ties for sitting without detriment to their work, shall be provided with suitable seats which can be used wherever this does not interfere with their work.

Eating facilities

14 Where persons employed eat meals at their place of employment, suitable facilities for eating meals shall be provided.

Floors, passages and stairs

15 (1) All floors, passages, stairs, steps and gangways shall be of good construction and properly maintained and, so far as is reasonably practicable, kept free from obstruction and from any substance likely to cause persons to slip.

(2) A substantial hand rail or hand-hold shall be provided on every staircase and such a hand rail or handhold shall be on the open side if there is one and on both sides if there are two open sides.

(3) On the open side of any staircase, in addition to the hand rail or hand-hold, a guard sufficient to prevent persons from. acciden tally falling through the open side shall be provided.

(4) All openings in floors shall be securely guarded except in so far as the nature of the work makes this impracticable.

(5) In the case of a building, the person in control is responsi ble for the condition of floors, passages, stairs, steps and gangways in the areas in common use.

Guarding and safety of machinery

16 (1) All dangerous parts of machinery shall be securely guarded unless they are so placed or constructed so as to be as safe as if guarded.

(2) Where it is not reasonably practicable to guard a dangerous moving part because the part must be exposed for normal operation of the machine, then notwithstanding the requirement in paragraph (1), the machine may be operated if the dangerous part is guarded to the great est practicable extent and the operator is fully instructed and trained in its use.

(3) The setting, adjusting and inspecting of a machine with a dangerous part shall only be carried out by a skilled person authorised by his employer.

(4) All machines shall be guarded so as to prevent the ejection of objects or parts which could injure any person in the vicinity of the machine.

(5) Machines which during operation create trapping points with fixed or movable structures shall be fitted with devices which auto matically arrest the machinery before it causes injury to any person in the trapping area.

(6) All power driven machinery shall be provided with means to safely disconnect the machine from the electrical supply in an emer gency.

(7) All guarding shall be substantially constructed and properly maintained.

Electricity

17 (1) All electrical apparatus and conductors shall be sufficient in size and power for the work they are called upon to do, and shall be so constructed, installed, protected, worked and maintained as to prevent danger, so far as is reasonably practicable.

(2) Installation and maintenance of any electrical apparatus and conductors shall only be carried out by persons competent for the purposes.

(3) All apparatus used for the incoming distribution of and switching on of electrical power to a place of employment shall be con tained in locked cabinets or in a locked room or locked enclosure; how ever, this paragraph does not apply to a low voltage fuse or circuit breaker box.

(4) A room or enclosure used for distribution apparatus shall not be used for the storage of any materials.

(5) The door of a room or enclosure used for distribution appa ratus shall be marked with a conspicuous sign warning of electrical dan ger.

(6) The power supply to any electrical apparatus or conductors shall be disconnected and locked out of service prior to any work done on, or in proximity to, the apparatus or conductors; however, where it is not practicable to disconnect and lock out the power supply�

(a) rubber gloves, mats, shields, or other protective equip ment adequate to ensure the safety of all employees shall be used while the work is being performed; and

(b) a person other than the worker, capable of giving assis tance and rendering first aid, shall be conveniently
available while the work is being performed.

(7) Tools and other equipment, which are capable of conduct ing electricity and endangering the safety of any employee, shall not be used in such proximity to any live electrical apparatus or conductors that they might make electrical contact with live parts.

(8) All cord connected apparatus shall either be effectively grounded or double insulated in accordance with a standard approved by the Minister by notice.

Noise

18 (1) Every employer shall wherever necessary reduce the noise level in his place of employment to the lowest level reasonably practicable so that no person is exposed to a level greater than 90 dB (A) Leq. (8 hours) or a peak sound pressure of 130 dB.

(2) Where an employee is exposed to more than 90 dB (A) Leq. (8 hours) or a peak sound pressure of 130 dB. in a part of the place of employment, the employer shall arrange for a survey to be made as often as may be necessary in the place affected by noise in order to determine the intensity of the noise and the area affected by a level greater than 90 dB (A) Leq. (8 hours) .

(3) Employees who may be exposed to or affected by the noise level mentioned in this regulation shall be given information, instruction and training as may be necessary in the precautions (including ear pro tection) which shall be taken to minimise these risks.

(4) Where an employee may be exposed or is exposed to a level of more than 90 dB (A) Leq. (8 hours), in addition to the precautions in paragraph (3), the employer shall arrange for the audiometric testing of an employee on appointment and for the annual testing of all exposed employees so as to ensure that precautions are effective in preventing possible hearing loss.

Cleaning of machinery

19 No person under eighteen years of age shall, unless under su pervision, clean any machinery where there is a risk of injury to that person.

Training and supervision of persons working at dangerous machines

20 No employee shall work at any of the machines listed in the Schedule unless he�

(a) has been fully instructed in the dangers arising in con nection with the machine and the precautions to be ob served; and

(b) has either received a sufficient training in work at the machine or is under adequate supervision by a person who has thorough knowledge of the machine and experi ence in working at the machine.

Prohibition of heavy work

21 (1) No employee shall, in the course of his work, be required to lift, carry or move a load so heavy as to be likely to cause injury to him.

(2) The maximum weights which may be lifted, carried or moved shall not exceed 55 kilograms (121 lbs) in the case of a male of full, age and 40 kilograms (88 lbs) in the case of a female of full age.

First aid

22 (1) An employer shall provide, or ensure that there are pro vided, such equipment and facilities as are adequate and appropriate in the circumstances for rendering first-aid to his employees if they are in jured or become ill at work.

(2) Subject to paragraph (3), an employer shall appoint, or en sure that there is appointed such numbers of suitable persons as are ad equate and appropriate in the circumstances for rendering first-aid to his employees if they are injured or become ill at work; and for this purpose a person is not suitable unless he has undergone where appropriate such training and has such qualifications as the Minister may approve by code of practice for the time being in respect of that case or class of case.

(3) Where a person appointed under paragraph (2) is absent in temporary or exceptional circumstances it is sufficient compliance with that paragraph if the employer appoints a person, or ensures that a per son is appointed, to take charge of�

(a) the situation relating to an injured or ill employee who will need help from a medical practitioner, and

(b) the equipment or facilities provided under paragraph (1).

(4) An employer shall inform his employees of the arrange ments that have been made in connection with the provision of first aid, including the location of equipment, facilities and personnel.

(5) Every self-employed person shall provide himself with suffi-
cient first-aid material to enable him to render first-aid to himself while he is at work.

(6) The requirements mentioned in this regulation do not apply to vessels to which the Merchant Shipping (Medical Stores) Regulations 1989 [title 31 item 16(j)] apply or to vessels registered outside Bermuda.

Temporary workplaces

23 (1) In the case of employees working away from their place of employment for a day or longer than a day, the employer shall provide the following:

(a) a suitable sanitary facility, either by means of a chemical closet or an hygienic receptacle or by arranging with a nearby person the use of his facility; however, the con tents of any closet or receptacle shall be disposed of in accordance with the requirements of Public Health leg islation;

(b) arrangements for washing hands;

(d) shelter from rain;

(e) a supply of potable drinking water.

(2) Each temporary workplace shall have adequate lighting if work is carried out in darkness.

(3) The requirements mentioned in this regulation do not apply to a construction site.

Hazard protection

24 Where an employee's health may be affected by exposure to haz ardous substances he shall be provided with suitable protection against the hazard.

Eye protection

25 Where an employee is working at a process where his eyes may be affected by materials or substances he shall be provided with suitable and appropriate eye protection.

SCHEDULE
Regulation 20

LIST OF MACHINES

The following types of power driven machines:

(a) worm type mincing machines;

(b) rotary knife bowl-type chopping machines;

(d) dough mixers;

(e) food mixing machines;

(f) pie and tart making machines;

(g) vegetable slicing machines;

(h) wrapping and packing machines;

(i) garment presses;

(j) loose knife punching machines;

(k) wire stitching machines;

(l) machines of any type equipped with a circular saw blade;

(m) band saws;

(n) planing machines, vertical spindle moulding machines and routing machines;

(o) hydro extractors;

(p) calendars.

2 The following machines whether power driven or not:

(a) circular knife slicing machines;

(b) potato chipping machines;

(d) guillotine machines.

_________________________________________________________

APPENDIX TO REGULATIONS

APPROVED CODE OF PRACTICE
for the first aid requirements of
the Health and Safety at Work
(General Requirements) Regulations 1986

INTRODUCTION

1 This code of practice has been approved by the Minister after consultation with the Advisory Council for Health and Safety under sec tion 10 of the Health and Safety at Work Act 1982. It provides practical guidance on how to meet the requirements for first aid placed on em ployers and self-employed persons by regulation 22 of the Health and Safety at Work (General Requirements) Regulations 1986 (hereinafter referred to as "the Regulations") and takes effect on the date the regula tions come into operation. Although failure to comply with any provision of this approved code is not in itself an offence, that failure may be used in criminal proceedings as evidence that a person has contravened the regulation to which the provision relates. In such a case however it will be open to that person to satisfy the court that he has complied with the regulation in some other way.

APPLICATION

2 With the exception of those vessels excluded by regulation 22(6) of the Regulations the scope of this approved code, like the Regulations, extends to all employers, employees and self-employed persons.

INTERPRETATION

3 In this approved code, unless the context otherwise requires�

"first aid" means�

(a) in cases where a person will need help from a medical practitioner or a nurse, treatment for the purpose of pre serving life and minimising the consequences of injury and illness until such help is obtained, and

(b) treatment of minor injuries (or minor illness) which would otherwise receive no treatment or which do not need treatment by a medical practitioner or a nurse;

"plant" means any machinery, equipment or appliance liable to cause major injury or damage to the health of any person.

DUTY OF EMPLOYER TO MAKE PROVISIONS FOR FIRST AID

4 Regulation 22 of the regulations states�

"22 (1) An employer shall provide, or ensure that there are pro vided, such equipment and facilities as are adequate and appropriate in the circumstances for rendering first-aid to his employees if they are in jured or become ill at work.

(a) the situation relating to an injured or ill employee who will need help from a medical practitioner, and

(b) the equipment or facilities provided under paragraph (1).

(4) An employer shall inform his employees of the arrange ments that have been made in connection with the provision of first aid, including the location of equipment, facilities and personnel.

(5) Every self-employed person shall provide himself with suffi cient first-aid material to enable him to render first-aid to himself while he is at work.

(6) The requirements mentioned in this regulation do not apply to vessels to which the Merchant Shipping (Medical Stores) Regulations 1989 apply or to vessels registered outside Bermuda."

CRITERIA FOR DECIDING WHAT PROVISION WILL BE ADEQUATE AND APPROPRIATE

5 In deciding what equipment and facilities, what numbers and what type of personnel are needed, an employer should have regard to the following criteria:

(a) numbers of employees;

(b) the nature of the undertaking and the risks to employ ees;

(d) the training and qualifications of appointed persons;

(e) the need for substitute persons.

NUMBER OF EMPLOYEES

6 An employer should first decide on the number of persons to be appointed for rendering first aid. This will depend upon the factors men tioned in paragraph 5(a), (b) and (c).

7 In the case of low risk work in single compact premises, one ap pointed person should be adequate for up to 150 employees, with an ad ditional person for each further 150 employees. However, where an un dertaking consists of several places of employment or separate branches at least one person should be appointed for each branch. The regulation requires that in appointed person should always be available during normal working hours, and while an employer is allowed to appoint a person for an emergency, the appointment of a permanent substitute person is recommended.

8 In the case of premises with medium and high risk work, the scale of appointed persons is recommended to be one person for 50 em ployees but the same considerations as for low risk work apply where there are several branches. The question of substitute persons must also be considered.

9 In the case of medium and high risk premises, appointed per sons should be formally trained in rendering first aid. The standard ex pected is the basic first aid course of the St. John Ambulance Associa tion or its equivalent and the appointed person should hold a current certificate of examination which should be renewed every three years. It is expected that training facilities for first aiders will be limited for some time so that appointed persons with a minimum training may need to be accepted. Such persons should be instructed by a certified first aider in the following subjects:

(a) resuscitation;

(b) control of bleeding;

(d) securing of broken bones;

(e) treatment of traumatic shock.

Persons who have only received the above training should be encouraged to attend a basic first aid training course when facilities allow. In addi tion to normal first aid training appointed persons in high risk premises may need specialised training for particular hazards, for example treat ment of persons overcome by toxic substances.

10 The appointed person in low risk premises need not have formal training in first aid but the employer should satisfy himself that the per son understands the leaflet "First Aid at Work", which should be in cluded in every first aid box.

SUMMARY OF MINIMUM REQUIREMENTS FOR APPOINTED PERSONS

11 The following is a summary of the minimum requirements for appointed persons:

LOW RISK PREMISES

Premises where, apart from the usual hazards of movement, hazards due to machinery and chemicals are minimal. Example: Offices, shops, banks, small hotels and guest houses.

Appointed Person: 1 per 150 employed persons or 1 per place of em ployment

Qualifications: NONE but understanding of leaflet "First Aid at Work" is essential.

MEDIUM RISK PREMISES

Premises where there can be hazardous machinery and chemicals or where dangers are not so apparent. Example: Schools, food preparation and manufacturing, garages, hotels with major plant and telephone of fices.

Appointed Person: 1 per 50 employed persons with a max of 10 persons or 1 per place of employment.

Qualifications: Basic certificate in first aid. [Minimum training acceptable initially see paragraph 9]

HIGH RISK PREMISES

Premises where the hazards of medium risk premises are present but where additional dangers may require the appointed person(s) to have received additional training in such matters as drowning, electric shock or major accidents. Example: Docks, construction sites, electricity gen eration and distribution, airport runways.

Appointed Person: 1 per 50 employed persons or 1 per place of employ ment.

Qualifications: Basic certificate in first aid [minimum training acceptable initially see paragraph 9]; additional training may be necessary.

TRAVELLING WORK GROUPS AND SELF-EMPLOYED PERSONS

11A In the case of a group of workers who move from place to place a suitable first aid kit should be carried (see paragraph 12). This kit should be in the charge of an appointed person who should have an understanding of the leaflet "First Aid at Work". Self-employed persons should carry a small first aid kit for their own use.

CONTENTS OF FIRST AID BOXES

12 The basic list below indicates the minimum quantities of first aid supplies for use in low, medium and high risk workplaces. However, in low risk workplaces where not more than 5 people are employed, a smaller kit may be used; its minimum contents are also indicated. The basic kit is intended to cover up to 50 or 150 employees, as the case may be, and for higher numbers of employees the appointed person should consider if an increase of any of the items of the kit is necessary. It should be noted that where there is more than one place of employment, a separate kit should be provided for each place.

The self-employed person should always carry a first aid kit even if ar rangements have been made with an employer to use other first aid fa cilities.

BASIC FIRST AID KIT

			TO BE USED BY No. of Employees
		5 - 25			25 and up
		(minimum requirement of supplies)
1 A copy of the leaflet "First Aid at Work", giving advice on first aid treatment.	1			1
2 Small sterilized unmedicated dres sings (for injured fingers)	6 pkgs			24 pkgs.
3 Medium-sized sterilized unmedi cated dressings (for injured hand or foot)	3 pkgs.			12 pkgs.
4 Large sterilized unmedicated dres sings (for other injured body parts)	3 pkgs.			12 pkgs.
5 Adhesive wound dressings in as sorted sizes	12 bandaids			36 bandaids
6 Triangular bandages	2			4
7 Adhesive plaster 1" size	1			1
8 Safety pins	6			12
9 A rubber bandage � tourniquet	1			1
10 Eye wash solution	1 bottle			1 bottle
11 Eye pads	2 pads			8 pads
12 Bandage scissors	1 pair			1 pair

Optional items to be used by a certified first aider

Bermuda Consolidated Legislation

Health and Safety At Work (General Requirements) Regulations 1986