Session 1:
Machinery Legislation
By the end of this session you will be able to:
Describe and explain the significance of current legislation and industry best practice guidance to the machinery you operate.
- Provision and Use of Work Equipment Regulations 1998 (PUWER)
- Health and Safety at Work Act 1974
- Management of Health and Safety at Work Regulations 1999
- Control of Substances Hazardous to Health Regulations 2002 (COSHH)
- Manual Handling Operations Regulations 1992
- Personal Protective Equipment (PPE) at Work Regulations 1992
- Environmental Protection Act 1990
- Wildlife and Countryside Act 1981
- Control of Noise at Work Regulations 2005
- Control of Vibration at Work Regulations 2005
- Lifting Operations and Lifting Equipment Regulations 1998
Provision and Use of Work Equipment Regulations 1998 (PUWER)
PUWER 98 is one of the most important sets of regulations dealing with the safety of vehicles and machinery provided for use at work.
The Regulations require risks to people's health and safety, from equipment that they use at work, to be prevented or adequately controlled.
In general terms, the Regulations require that work equipment is:
- suitable for its intended use
- safe for use, maintained in a safe condition
- used only by people who have received adequate instruction, and accompanied by suitable safety measures, e.g. protective devices, markings, warnings.
PUWER 98
In general terms, the Regulations require that work equipment are:
- suitable for its intended use,
- safe for use,
- maintained in a safe condition and, in certain circumstances, inspected to ensure this remains the case,
- used only by people who have received adequate instruction, information and training; and accompanied by suitable safety measures, eg protective devices, markings, warnings.
PUWER 98: Tractors
Briefly require that tractors are:
- suitable for the intended use, e.g. a four-wheel-drive tractor for work on slopes
- maintained and checked on a regular basis with relevant records kept, e.g. routine maintenance and work carried out to correct faults found and checks on brakes, steering etc.
- Operators must be adequately trained and competent, e.g. workplace training, formal training and ideally Certificates of Competence.
- Other points included are the provision of a roll bar or cab, a removable key for starting/immobilisation and the guarding and parking of PTO shafts.
Who does the Health and Safety at Work Act 1974 cover?
The HSWA 1974 is an important act covering the legal duties of:
- Employers
- Employees
- Self-employed
The purpose of the act is to provide a legal framework to encourage high standards of health and safety at work.
What are the aims of the Act?
Its aims are:
- To safeguard the health, safety and welfare of persons at work.
- To protect the general public from risks to health and safety caused by the activities of persons at work.
- To control the keeping and use of explosive or highly flammable or otherwise dangerous substances and generally prevent the unlawful acquisition, possession and use of such substances.
- To control the emission into the atmosphere of harmful or offensive substances from premises.
Employer's responsibility?
- Provide a safe working environment.
- Provide safe equipment and systems of work.
- Provide information, instruction, training and supervision.
- Arrange for the safe storage, transport and use of articles and substances.
- Provide adequate welfare facilities.
Employee's responsibility?
- Take reasonable care of their own health and safety.
- Take reasonable care of other people who may be affected by what they do or don’t do at work.
- Cooperate with their employer on health and safety.
- Not interfere with or misuse anything provided for their health, safety or welfare.
Management of Health and Safety at Work Regulations 1999
The Management of Health and Safety at Work Regulations 1999 places a duty on employers to assess and manage risks to their employees and others arising from work activities.
Employees must work safely in accordance with their training and instructions given to them.
Control of Substances Hazardous to Health Regulations 2002 (COSHH)
COSHH is the law that requires employers to control substances that are hazardous to health. Workers' exposure to hazardous substances can be reduced by:
- finding out what the health hazards are;
- deciding how to prevent harm to health (risk assessment);
- providing control measures to reduce harm to health.
Manual Handling Operations Regulations 1992,
The MHOR 1992 set out measures for dealing with risks from manual handling; these are:
first: avoid hazardous manual handling operations so far as is reasonably practicable;
second: assess any hazardous manual handling operations that cannot be avoided; and
third: reduce the risk of injury so far as is reasonably practicable.
Personal Protective Equipment (PPE) at Work Regulations 1992
Wherever there are risks to health and safety that cannot be adequately controlled in other ways, the Personal Protective Equipment at Work Regulations 1992 require PPE to be supplied.
The Regulations also require that PPE is:
- properly assessed before use to make sure it is fit for purpose;
- maintained and stored properly;
- provided with instructions on how to use it safely;
- used correctly by employees.
Environmental Protection Act 1990
This act brings in a system of integrated pollution control for the disposal of wastes to land, water and air.
The parts of the Act that have a bearing on agriculture are:
- Part 1: establishes integrated pollution control, water, land and air pollution from a range of prescribed processes.
- Part 2: deals with the rules on waste disposal, e.g. tyres, waste oil, old filters, scrap metal.
- Part 3: covers statutory nuisances and clean air.
Wildlife and Countryside Act 1981
The Wildlife and Countryside Act 1981 is the primary legislation which protects animals, plants and habitats in the UK.
There are strict rules on when farmers can cut their hedges.
Control of Noise at Work Regulations 2005
The aim of the Noise Regulations is to ensure that workers' hearing is protected from excessive noise at their place of work, which could cause them to lose their hearing and/or to suffer from tinnitus (permanent ringing in the ears).
Control of Vibration at Work Regulations 2005
The aim of these regulations is to protect workers from risks to health from vibration.
The regulations introduce action and limit values for hand-arm and whole-body vibration.
Lifting Operations and Lifting Equipment Regulations 1998
These regulations apply to lifting equipment and operations and tractor front end loaders are part of these.
To comply, employers and operators need to:
- Choose equipment which is suitable for the work, e.g. do not use a big bale spike for handling other loads.
- Check the condition of the equipment, e.g. frame of the loader for cracks, pins, bushes and hydraulic hoses.
- Ensure that accessories for lifting are suitable and load tested/marked.
- Plan lifting operations to ensure they are safe.
Conclusion
At the end of this session you should be able to describe and explain the following pieces of legislation, and explain how they relate to land-based machinery.
- Provision and Use of Work Equipment Regulations 1998 (PUWER)
- Health and Safety at Work Act 1974
- Management of Health and Safety at Work Regulations 1999
- Control of Substances Hazardous to Health Regulations 2002 (COSHH)
- Manual Handling Operations Regulations 1992
- Personal Protective Equipment (PPE) at Work Regulations 1992
- Environmental Protection Act 1990
- Wildlife and Countryside Act 1981
- Control of Noise at Work Regulations 2005
- Control of Vibration at Work Regulations 2005
- Lifting Operations and Lifting Equipment Regulations 1998