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    • Home
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      • Common Topics
      • More Common Topics
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    • Special Subjects
      • BIM and Soft Landings
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  • Home
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  • Legal Cases
  • The Basics
  • Employer's Obligation
  • Common Topics
    • Common Topics
    • More Common Topics
  • Industry Benchmarks
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  • Special Subjects
    • BIM and Soft Landings
    • BREEAM in Use
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Useful reminder of compliance

Energy Performance of Buildings (England and Wales) Regulations 2012

Buildings requiring an EPC

  • An EPC is only required when a building is constructed, sold or rented out.
  • EPCs for the sale or renting out of buildings that are non-dwellings will be valid for 10 years or until a newer EPC is produced for building, if earlier.
  •  The penalty for failing to make an EPC available to any prospective buyer or tenant when selling or renting a non-dwelling is fixed, in most cases, at 12.5 per cent of the rateable value of the building, with a default penalty of £750 where the formula cannot be applied. The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000. 

The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (henceforth “the Regulations”) are designed to tackle the very least energy efficient properties in England and Wales – those rated F or G on their Energy Performance Certificate (EPC).

The minimum level of energy efficiency provisions will mean that, subject to certain requirements and exemptions:

  • from 1 April 2018, landlords of non-domestic private rented properties (including public sector landlords) may not grant a tenancy to new or existing tenants if their property has an EPC rating of band F or G (shown on a valid Energy Performance Certificate for the property).
  • from 1 April 2023, landlords must not continue letting a non-domestic property which is already let if that property has an EPC rating of band F or G.

In both cases this is referred to in this guidance as the prohibition on letting sub-standard property. Where a landlord wishes to continue letting property which is currently sub-standard, they will first need to ensure that energy efficiency improvements are made which raise the rating to a minimum of E. In certain, limited, circumstances landlords may be able to claim an exemption from this prohibition on letting sub-standard property, this includes situations where all improvements which can be made have been made, and the property remains below an E.

The Health and Safety (Safety Signs and Signals) Regulations 1996

The Regulations implement European Council Directive 92/58/EEC on minimum requirements for the provision of safety signs at work. They require employers to provide safety signs where other methods, properly considered, cannot deal satisfactorily with certain risks and where the use of a sign can further reduce that risk. 

Safety colours

In these Regulations signs incorporating certain colours have specific meanings.  

  • Red: Prohibition sign Danger alarm  
  • Yellow Amber: Warning sign
  • Blue: Mandatory sign
  • Green: Emergency escape First-aid sign Colours for fire safety signs No danger  

Colours for fire safety signs

  • Red: Firefighting equipment
  • Green: Emergency escape

  Using signs in buildings and structures

  • People usually leave premises by the same way that they enter or by routes which are familiar to them. Alternative exits (ie all emergency exits and any exits not in normal use) should be clearly indicated so that people know there are additional ways to leave. In addition, the provision of well-signposted exits in full view will give a feeling of security in an emergency.
  • Make sure the fire exit sign is displayed immediately above the exit opening or, if this is not possible, choose a position where the sign can be clearly seen and is least likely to be obstructed or obscured by smoke.
  • Where an exit cannot be seen or where a person escaping may be in doubt about the location of an exit (eg in warehouses where goods for transit and other obstructions may prevent a clear view of the exit doors), fire exit signs, including a directional arrow, are appropriate at suitable points along the escape route.
  • In buildings with multiple occupants a common approach to the provision of fire safety signs is sensible so that people are not confused about the exit routes from the building. In such cases, it is normally the owner of the building who has responsibility for displaying signs in common areas (eg stairways) and if there is any doubt check this with your enforcing authority for fire safety. Individual occupiers are normally responsible for the signs necessary within their part of the building.
  • Your enforcing authority for fire safety may, in addition to the fire safety signs referred to in these Regulations, require provision of certain supplementary signs to aid the effective and efficient use of the escape routes provided. For instance, where there is a danger that a door which is a fire exit may become obstructed (because its importance is not appreciated) such as a final exit door opening into a car park or storage yard, or a seldom used intercommunicating or bypass door between rooms, a conspicuous ‘Fire Escape – Keep Clear’ sign should be shown on the appropriate faces of the door. Check with your enforcing authority if you have any doubts.
  • If the level of natural light is poor, then adequate illumination (which includes emergency lighting) will be required. Signs incorporating photoluminescent materials may also have a role in poor light conditions.

  Fire alarms

  • The purpose of a fire alarm is to ensure that people in the workplace are alerted to any outbreak of fire well before it becomes life-threatening. The warning system sets in motion a planned routine for evacuating the premises.
  • Fire alarms are included in the term ‘acoustic signal’ – ‘a coded sound signal which is released and transmitted by a device designed for that purpose, without the use of a human or artificial voice’. In practice, it is important that the acoustic signal for a fire alarm:
    • has a sound level considerably higher than the level of ambient noise so that the warning signal can be heard throughout the workplace; 
    • is easily recognisable and distinct from other acoustic signals and ambient noise;
    • is continuous for evacuation. 
  • The method of giving warning of fire will vary from workplace to workplace. However, it must be suitable for the premises. In some cases, such as small workplaces, the fire alarm may consist of manually-operated sounders (eg rotary gongs or handbells). In larger workplaces it may take the form of an electrical fire-warning system (eg conforming to BS 5839-1:2013 Fire detection and fire alarm systems for buildings).
  • The Regulations permit incorporation of a public address system with the warning signal, which may also be accompanied by an illuminated sign (eg a flashing light).
  • Experience has shown that good information is a particularly effective aid to safe and speedy evacuation. Therefore, in workplaces where members of the public are present, it can be a significant help if the warning signal for evacuation is supplemented by use of the public address system to give clear and concise instructions. To be effective, messages should normally be prepared in advance and, in some cases, in appropriate languages. The fire warning system should activate this message. Ideally, this will cancel any amplified music, soundtrack or other announcements. Similarly, if a public address system is used to transmit the alarm signal, or can be incorporated with the signal, it must take priority and override other facilities of the system. Further information is given in BS 5839-1:2013, BS 5839-8:2013 and in BS EN 60849:1998, IEC 60849:1998 Sound systems for emergency purposes.
  • Ensure that a sounder, or loudspeaker of a public address system, is not located in such a position that communication with the Fire and Rescue Service is hindered, eg too near a reception area from which the emergency call may be made. 
  • Many fire warning systems are single stage, ie when the alarm sounds simultaneous evacuation takes place. However, some large workplaces may have a two-stage warning system. In these systems, a continuous evacuation signal is given in certain parts of the workplace, ie those near the origin of the fire, while an intermittent or alert signal meaning ‘stand-by’ is received elsewhere. These systems allow a progressive or phased evacuation of the workplace so that congestion along emergency escape routes is minimised.
  • If a staged fire warning system is being considered it is advisable to check with your enforcing authority for fire safety before installation. 126 Your enforcing authority for fire safety may specify certain maintenance requirements for your fire warning system but, in general, all fire alarms must be regularly maintained. This is necessary to ensure they work properly and can be heard throughout the workplace. For manually-operated sounders this is a relatively simple task where the necessary general skills could well be ‘in-house’. With respect to electrical fire warning systems, however, it is important that they are serviced by someone who is competent to carry out the work; that is, someone with the appropriate skills, qualifications and/or experience.
  • Your enforcing authority for fire safety may specify certain maintenance requirements for your fire warning system but, in general, all fire alarms must be regularly maintained. This is necessary to ensure they work properly and can be heard throughout the workplace. For manually-operated sounders this is a relatively simple task where the necessary general skills could well be ‘in-house’. With respect to electrical fire warning systems, however, it is important that they are serviced by someone who is competent to carry out the work; that is, someone with the appropriate skills, qualifications and/or experience.
  • Your installer may be able to advise about necessary maintenance; alternatively, contact your enforcing authority for fire safety.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013

Types of reportable injury under RIDDOR

  1. The death of any person
  2. Specified injuries to workers 
  3. Over-seven-day incapacitation of a worker
  4. Over-three-day incapacitation
  5. Non fatal accidents to non-workers (eg members of the public)
  6. Occupational diseases
  7. Dangerous occurrences 

The Work at Height Regulations 2005

Work at height means work in any place where, if precautions were not taken, a person could fall a distance liable to cause personal injury. You are working at height if you:

  • work above ground/floor level
  • could fall from an edge, through an opening or fragile surface or
  • could fall from ground level into an opening in a floor or a hole in the ground

Work at height does not include a slip or a trip on the level, as a fall from height has to involve a fall from one level to a lower level, nor does it include walking up and down a permanent staircase in a building.

Competence

  • You should make sure that people with sufficient skills, knowledge and experience are employed to perform the task, or, if they are being trained, that they work under the supervision of somebody competent to do it.
  • In the case of low-risk, short duration tasks involving ladders, competence requirements may be no more than making sure employees receive instruction on how to use the equipment safely (eg how to tie a ladder properly) and appropriate training. Training often takes place on the job, it does not always take place in a classroom.
  • When a more technical level of competence is required, for example drawing up a plan for assembling a complex scaffold, existing training and certification schemes drawn up by trade associations and industry is one way to help demonstrate competence.

Pressure Systems Safety Regulations 2000 (PSSR)

  • The duties imposed by PSSR relate to pressure systems for use at work and the risk to health/safety. 
  • The aim of these Regulations is to prevent serious injury from the hazard of stored energy as a result of the failure of a pressure system or one of its component parts.
  • Before using any qualifying pressure equipment (new or otherwise), a written scheme of examination (WSE) must be in place, and an examination undertaken.
  • Pressure systems are defined as:
    • a system comprising one or more pressure vessels of rigid construction, any associated pipework and protective devices
    • the pipework with its protective devices to which a transportable pressure receptacle is, or is intended to be, connected 
    • a pipeline and its protective devices

Who has duties under PSSR?

Employers (also known as 'dutyholders'), including: 

  • the owner of a mobile system, ie one that can be easily moved, such as an air compressor taken from site to site
  • the user of an installed system, ie one that is not a mobile system, such as a steam boiler

Competent person

In general terms, the role and responsibilities of the competent person can be summarised as follows:

  • carry out examinations in accordance with the WSE including: review WSE and confirm it is suitable
    • produce a written report for each examination
    • notify user/owner of repairs required
    • identify action in case of imminent danger
    • agree postponements of examination, where appropriate
  • draw up or certify written schemes of examination

TM44 The Legislation

The Energy Performance of Building Directive (EPBD) currently require the TM44 inspection of air conditioning systems in buildings with a cooling capacity over 12kW.

CIBSE TM44 is used as the guidance for air conditioning inspections in the UK, the Republic of Ireland, Malta and Gibraltar. The guidance is primarily intended to support inspections which are carried out for compliance with the EPBD, but will also be useful to anyone who wishes to assess the energy efficiency of an air conditioning system.

Your air conditioning system must be inspected every 5 years by an energy assessor to make sure it’s energy efficient.

Only an accredited energy assessor can inspect your air conditioning system.

If you don’t get your air-conditioning inspected every 5 years, you will be fined £300.

Your energy inspection will include:

  • a visual assessment of your air conditioning system
  • an examination of your air conditioning equipment and controls
  • Once the inspection is over, your assessor will give you a report that tells you:
  • the current efficiency of your equipment 
  • suggestions for improving the efficiency of your equipment
  • any faults and suggested actions
  • how to reduce your air conditioning use

You don’t have to follow the recommendations, but you may save money if you do so.

Health and safety guidance (HSG) & legal reference (ACOP) publications as at April 2020

HSG17: Safety in the use of abrasive wheels 

HSG28: Safety advice for bulk chlorine installations

HSG33: Health and safety in roof work 

HSG38: Lighting at work 

HSG39: Compressed air safety

HSG40: Safe handling of chlorine from drums and cylinders 

HSG47: Avoiding danger from underground services

HSG48: Reducing error and influencing behaviour 

HSG51: The storage of flammable liquids in containers

HSG53: Respiratory protective equipment at work: A practical guide 

HSG57: Seating at work

HSG60: Upper limb disorders in the workplace 

HSG61: Health surveillance at work

HSG65: Successful health and safety management 

HSG71: Chemical warehousing: The storage of packaged dangerous substances

HSG76: Warehousing and storage: A guide to health and safety 

HSG85: Electricity at work: Safe working practices 

HSG87: Safety in the remote diagnosis of manufacturing plant and equipment

HSG90: The law on VDUs: An easy guide: Making sure your office complies with the Health and Safety 

HSG92: Safe use and storage of cellular plastics

HSG93: The assessment of pressure vessels operating at low temperature 

HSG97: A step by step guide to COSHH assessment

HSG101: The cost to Britain of workplace accidents and work-related ill health in 1995/96 

HSG103: Safe handling of combustible dusts: Precautions against explosions

HSG107: Maintaining portable and transportable electrical equipment 

HSG109: Control of noise in quarries

HSG112: Managing health and safety at motorsport events: A guide for motorsport event organisers 

HSG117: Making sense of NONS: A guide to the Notification of New Substances Regulations 1993

HSG129: Health and safety in engineering workshops 

HSG132: How to deal with sick building syndrome: Guidance for employers, building owners and building managers

HSG133: Preventing violence to retail staff 

HSG136: Workplace transport safety: An employers' guide

HSG137: Health risk management: A practical guide for managers in small and medium-sized enterprises 

HSG139: The safe use of compressed gases in welding, flame cutting and allied processes

HSG140: Safe use and handling of flammable liquids 

HSG143: Designing and operating safe chemical reaction processes

HSG144: The safe use of vehicles on construction sites: A guide for clients, designers, contractors, managers and workers involved with construction transport 

HSG150: Health and safety in construction

HSG151: Protecting the public: Your next move

HSG158: Flame arresters: Preventing the spread of fires and explosions in equipment that contains flammable gases and vapours 

HSG159: Managing contractors: A guide for employers. 

HSG166: Formula for health and safety: Guidance for small and medium-sized firms in the chemical industry 

HSG167: Biological monitoring in the workplace: A guide to its practical application to chemical exposure

HSG168: Fire safety in construction 

HSG170: Vibration solutions: Practical ways to reduce the risk of hand-arm vibration injury

HSG172: Health and safety in sawmilling 

HSG173: Monitoring strategies for toxic substances

HSG175: Fairgrounds and amusement parks: Guidance on safe practice 

HSG176: The storage of flammable liquids in tanks

HSG177: Managing health and safety in dockwork 

HSG179: Managing health and safety in swimming pools

HSG180: Application of electro-sensitive protective equipment using light curtains and light beam devices to machinery 

HSG186: The bulk transfer of dangerous liquids and gases between ship and shore

HSG187: Control of diesel engine exhaust emissions in the workplace 

HSG190: Preparing safety reports: Control of Major Accident Hazards Regulations 1999 (COMAH)

HSG191: Emergency planning for major accidents: Control of Major Accident Hazards Regulations 1999 (COMAH) 

HSG196: Moving food and drink: Manual handling solutions for the food and drink industries

HSG201: Controlling exposure to stonemasonry dust: Guidance for employers 

HSG209: Aircraft turnaround: A guide for airport and aerodrome operators, airlines and service providers on achieving control, co-operation and co-ordination

HSG210: Asbestos essentials: A task manual for building, maintenance and allied trades on non-licensed asbestos work 

HSG217: Involving employees in health and safety: Forming partnerships in the chemical industry

HSG219: Managing health and safety in zoos 

HSG220: Health and safety in care homes

HSG221: Technical guidance on the safe use of lifting equipment offshore 

HSG227: A comprehensive guide to managing asbestos in premises

HSG229: Work-related violence: Case studies - Managing the risk in smaller businesses 

HSG230: Keeping electrical switchgear safe

HSG232: Sound solutions for the food and drink industries: Reducing noise in food and drink manufacturing 

HSG236: Power presses: Maintenance and thorough examination

HSG238: Out of control: Why control systems go wrong and how to prevent failure 

HSG240: Managing health and safety at recreational dive sites

HSG244: Remotely operated shutoff valves (ROSOVs) for emergency isolation of hazardous substances: Guidance on good practice 

HSG245: Investigating accidents and incidents: A workbook for employers, unions, safety representatives and safety professionals

HSG246: Safety in the storage and handling of steel and other metal stock 

HSG247: Asbestos: The licensed contractors' guide

HSG248: Asbestos: The analysts' guide for sampling, analysis and clearance procedures 

HSG250: Guidance on permit-to-work systems: A guide for the petroleum, chemical and allied industries

HSG251: Fumigation: Health and safety guidance for employers and technicians carrying out fumigation operations 

HSG252: A recipe for safety: Occupational health and safety in food and drink manufacture

HSG253: The safe isolation of plant and equipment 

HSG254: Developing process safety indicators: A step-by-step guide for chemical and major hazard industries

HSG256: Managing shift work: Health and safety guidance 

HSG258: Controlling airborne contaminants at work: A guide to local exhaust ventilation (LEV)

HSG260: Sound advice: Control of noise at work in music and entertainment 

HSG261: Health and safety in motor vehicle repair and associated industries

HSG262: Managing risks from skin exposure at work 

HSG263: Involving your workforce in health and safety: Good practice for all workplaces

HSG264: Asbestos: The survey guide 

HSG268: The health and safety toolbox: How to control risks at work

HSG270: Farmwise: Your essential guide to health and safety in agriculture 

HSG272: Using nanomaterials at work

HSG274: Legionnaires' disease - Technical guidance 

HSG279: Making paper safely: Managing safety in the papermaking process

HSG83: Managing infection risks when handling the deceased 

L5: Control of substances hazardous to health (Sixth edition)

L8: Legionnaires' disease. The control of legionella bacteria in water systems. Approved Code of Practice and guidance

L22: Safe use of work equipment. Provision and Use of Work Equipment Regulations 1998. Approved Code of Practice and guidance

L23: Manual handling. Manual Handling Operations Regulations 1992 - Guidance on Regulations (fourth edition)

L24: Workplace health, safety and welfare. Workplace (Health, Safety and Welfare) Regulations 1992. Approved Code of Practice

L25: Personal protective equipment at work (Second edition)

L26: Work with display screen equipment: Health and Safety (Display Screen Equipment) Regulations 1992 as amended by the Health and Safety (Miscellaneous Amendments) Regulations 2002

L29: A Guide to the Genetically Modified Organisms (Contained Use) Regulations 2000 

L30: A guide to the Offshore Installations (Safety Case) Regulations 2005

L43: First aid at mines. Health and Safety (First-Aid) Regulations 1981 

L47: The Coal Mines (Owner's Operating Rules) Regulations 1993

L150: Explosives Regulations 2014 Guidance on Regulations – Safety provisions

L151: Explosives Regulations 2014 Guidance on Regulations – Security provisions 

L56: Safety in the installation and use of gas systems and appliances

L60: Control of substances hazardous to health in the production of pottery 

L65: Prevention of fire and explosion, and emergency response on offshore installations

L70: A guide to the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 (Second edition)

L72: A guide to the Borehole Sites and Operations Regulations 1995. Guidance on Regulations

L74: First aid at work. The Health and safety (First Aid) Regulations 1981

L77: Guidance from the licensing authority on the Adventure Activities Licensing Regulations 2004. The Activity Centres (Young Persons' Safety) Act 1995

L80: A guide to the Gas Safety (Management) Regulations 1996. Guidance on Regulations

L82: A Guide to the Pipelines Safety Regulations 1996 

L84: A guide to the well aspects of the Offshore Installations and Wells (Design and Construction etc) Regulations 1996. Guidance on Regulations

L85: A guide to the integrity, workplace environment and miscellaneous aspects of the Offshore Installations and Wells (Design and Construction etc.) Regulations 1996

L101: Safe work in confined spaces. Confined Spaces Regulations 1997 

L103: Commercial diving projects offshore. Diving at Work Regulations 1997. Approved Code of Practice 

L104: Commercial diving projects inland/inshore. Diving at Work Regulations 1997. Approved Code of Practice 

L105: Recreational diving projects. Diving at Work Regulations 1997 

L106: Media diving projects. Diving at Work Regulations 1997

L107: Scientific and archaeological diving projects. Diving at Work Regulations 1997

L108: Controlling noise at work 

L110: A guide to the Offshore Installations (Safety Representatives and Safety Committees) Regulations 1989

L111: A guide to the Control of Major Accident Hazards Regulations 1999 (as amended)

L112: Safe use of power presses. Provision and Use of Work Equipment Regulations 1998 as applied to power presses

L113: Safe use of lifting equipment. Lifting Operations and Lifting Equipment Regulations 1998

L114: Safe use of woodworking machinery. Provision and Use of Work Equipment regulations 1998 as applied to woodworking machinery

L116: Preventing accidents to children in agriculture 

L117: Rider-operated lift trucks

L118: Health and safety at quarries. Quarries Regulations 1999 

L121: Work with ionising radiation

L122: Safety of pressure systems 

L123: Health care and first aid on offshore installations and pipeline works

L126: A guide to the Radiation (Emergency Preparedness and Public Information) Regulations 2001

L132: Control of lead at work (Third edition) 

L133: Unloading petrol from road tankers

L138: Dangerous substances and explosive atmospheres 

L140: Hand-arm vibration

L141: Whole-body vibration 

L143: Work with materials containing asbestos. Control of Asbestos Regulations 2012

L146: Consulting workers on health and safety. Safety Representatives and Safety Committees Regulations 1977 (as amended) and Health and Safety (Consultation with Employees) Regulations 1996 (as amended)

L148: Safety in docks. Approved Code of Practice 

L149: Mines Regulations 2014. Guidance on RegulationsL149: Mines Regulations 2014. Guidance on Regulations 

L153: Managing health and safety in construction - Construction (Design and Management) Regulations 2015. Guidance on Regulations

L154: Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 – Guidance on Regulations

  

https://www.hse.gov.uk/pubns/books/index-hsg-ref.htm

https://www.hse.gov.uk/pubns/books/index-legal-ref.htm

Using the UKCA marking

The UKCA (UK Conformity Assessed) marking is a new UK product marking that is used for goods being placed on the market in Great Britain (England, Wales and Scotland). It covers most goods which previously required the CE marking. 

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