Health and Safety in Facilities Management - Legal and Practicalities

This report delves into the critical aspects of health and safety management within facilities management. It begins by outlining the legal requirements, including key legislation like the Health and Safety at Work Act 1974 and the 'Six Pack' of H&S regulations, alongside the roles of the Health and Safety Executive (HSE). The report emphasizes the importance of workplace health and safety, citing moral, legal, and financial justifications, and details the minimum legal requirements for management. It further clarifies the roles and responsibilities as defined in an organization's health and safety policy, highlighting the accountability of key figures like the CEO and Head of Operations, as well as the duties of employees. The report then explores risk assessment, hazard communication, and the five-stage risk assessment process. Finally, it covers the methods for monitoring and reviewing health and safety policies and systems, providing a comprehensive overview of the subject. The report is a valuable resource for students studying facilities management and workplace safety, demonstrating an understanding of legal frameworks, practical applications, and the importance of a safe working environment.

Managing Health and Safety
in own area of Facilities Management
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INTRODUCTION
The compliance with Health and safety regulations isn't just a subject of legitimate need, it tends
to inflate the confidence of workers and advance an association's repute for being a decent
employer (Willmer and Haas, 2016). It tends to account as a proof of its CSR efforts or
initiatives. Within the bounds of numerous associations, facilities manager along with
individuals pertinent to the team possess the essential obligation regarding the administration of
health and safety in the interest of its senior administration. The essential source for health and
safety direction within the working scenario of an organisation is Health and Safety Executive
(HSE). Health and safety monitors from HSE hold the ability of entering the premises of an
organisation even without any kind of notice for authorisation enactment.
The report seeks to explore the health and safety related aspects at workplace. It includes
the legal requirements in relation to administration of health and safety at work premises.
Further, it consists of individual responsibilities for maintenance of health and safety at the
premises of an organisation. In addition to this, the project comprises of the way the health and
safety hazards along with risk assessment are communicated as well as recorded. Besides this,
the 5-stage procedure for risk assessment is covered in the report. At the end, the ways of
monitoring as well as reviewing health & safety policies and systems at workplace are covered.
Task 1 – Legal requirements for health and safety
1.A: - Identify specific legislation, regulations, guidelines and codes of practice relating to health
and safety and environment
A governmental body assuming the responsibility to ensure that all kind of health and safety
laws and regulations are implemented and enacted at workplace is referred to as The Health
and Safety Executive (HSE). They tend to play a crucial part in production and provision of
advices upon the issues linked to health and safety together with guidance upon the
legislation (Taylor and Tribich, 2019). These individuals also tend to carry out research
related to effectualness of legislation along with the issues of health and safety, conduct
consultation with employee representative as well as employer, and lastly, provide advices
to government alongside legislator over health and safety.
Health and Safety at Work Act 1974
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Abbreviated as HSW or HASAW, this body is considered to be the main element pertinent to
UK health and safety laws. As per the provisions, employers need to guarantee “so far as is
reasonably practical” that health and safety measures are effective taken and executed. The act
uses the phrase “so far as is reasonably practical” that tends to imply that employers do not have
to take measures or efforts for avoidance or reduction of risk in case they are technically
unfeasible to be undertaken, or if cost, time and trouble associated with taking measures will be
grossly disproportionate in consideration with risk
The law requires certain arrangements which are discussed beneath:-
 Safe operations along with maintenance of operating scenario, plants and systems
 Maintaining a safe access to work premises
 Safe usage, handling along with storage of hazardous substance
 Sufficient training provided to staff to guarantee health & safety
 Sufficient provision related to welfare for employees at workplace.
The “Six Pack” of H&S regulations
The “Six Pack of H&S regulations” consists of the set of most valued and relevant health and
safety regulations. These are discussed in brief manner as follows: -
The Management of Health and Safety at Work Regulations
Such regulations tend to encompass some of the main general principles for assurance of H&S at
workplace, inclusive of requirement to assess risk. These regulations include employer, the self-
employed, alongside employee (Ramos, Fonseca and Henriques, 2020). But since Oct 1 (2015),
self employed can be exempted from duties under H&S law if their working tend to possess no
potential risk to H&S of other employees or public members, and their working is not up upon
the prescribed lit of work types which are not exemptible.
The Display Screen Equipment Regulations
These regulations spread Display Screen Equipment (DSE), for example, VDUs, microfiche and
procedure control screen (Salmani and et. al., 2019). These are applicable to places whereby
DSE has been utilized, inclusive of workplace, study hall, PC suite, medical clinic wards and
work at homes.
The Manual Handling Operations Regulations
'Manual handling operations' imply physically supporting or shipping a heap. This regulation
tends to apply at places whereby manual taking care of activities are completed. There are no
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greatest weight limits laid down for the load. Instead of this, the regulation needs a total
evaluation of all the dangers inclusive of task, burden, alongside workplace. This regulation
depends upon 'ergonomics' that is concerned with aligning the task to individual instead of the
individual to task (Counahan and et. al., 2018). The HSE has delivered a few online apparatuses
for assisting bosses with evaluation of dangers arising as a result of manual taking care of
operations.
The Personal Protective Equipment at Work Regulations
‘Personal Protective Equipment’ (PPE) incorporates self-protective attire. Hearing along with
respiratory defensive gear is secured by different regulations and authority guidance. This
regulation is inclusive of obligations for bosses, representatives alongside independently
employed labourers (Sujan, 2018).
The Provision and Use of Work Equipment Regulations
These regulations provide that the businessman must ensure that work gear is appropriate for the
reason expected, considering the idea of the work, working condition and danger in the working
environment. Besides this, the businessman must also guarantee that equipments are
appropriately kept up. In an instance whereby routine maintenance is felt necessary, a
'maintenance log' ought to be kept. In addition to this, the businessman must provide users with
necessary information related to proper and safe usage of equipments such that no harm is
caused to the workers (Sønderstrup-Andersen and Bach, 2018). This seeks to act as the guidance
for workforce and prepare them for any unusual circumstances that may happen to take place
whereby the equipment is put to usage.
The Workplace Health, Safety and Welfare Regulations
These Regulations lay down minimum standards for workplaces and work in or near buildings.
Workplaces must be suitable for all who work in them, including workers with any kind of
disability (Wang and et. al., 2020). All workplaces should be as accessible as possible to people
with disabilities and new buildings or conversions must be designed with this in mind. People in
control (employers, landlords, and managing agents) of premises have a duty towards people
who are not their employees but use their premises.
Example of H&S measure at workplace (RIDDOR)
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RIDDOR comprises of the regulations which require employer, self employed individuals along
with people in the control of workplace premise to give a report linked to big injury, work
associated death, disease and hazardous instances.
1.B: - Explain why health and safety in the workplace is important
The foremost reason behind the importance of health and safety at workplace is acknowledged to
be guarantee of welfare of employees while functioning within the work premises (Taylor and
Tribich, 2019). Yet another reason why companies across the globe are so keen on promoting
health and safety in the work settings at all times is the motivational value associated with the
proactive management of health and safety. It has been analysed that the setting motivational
value will drive employees to ensure better attention towards maintain a healthy and safe
workplace. It has been analysed that Reward Good Health and Safety Behaviour, promote
Personal Responsibility, keep Discussion Open, never Value Meeting Deadlines Over Safety,
Make Everyone Accountable, Improve Your Communication. And Receive ECITB CCNSG
along with Leading a Team Safely Training are vital motivation to support and crate a healthy
and safe workplace. In addition to this, there are some regulatory and business penalties which
are posed in case health and safety regulations laid down by statute are not complied with, in an
effectual manner.
Explain at least three reasons why effective health and safety management in the workplace is
important.
(1). Moral Reasons:
 Duty of care
 Employees' rights
 Reduce numbers of
fatalities, injuries and
ill health
 Safe place of work
 Safe system of work
 Adequate training
 Ensure competence
 Enhance reputation
(2). Legal Reasons:
Criminal Liabilities
 Improvement/
Prohibition notices
 Employment Tribunals
 Prosecution
 Penalties
Civil Liabilities
 Negligence
 Breach of duty
 Vicarious Liability
 Damages
 Costs of accidents
(3) Financial Reasons
 Direct Costs
 Insurance claims
 Damage to equipment
 Attributable business
loss
 Legal costs
 Sick pay
 Insurance excess
 Indirect Costs
 Cumulative business
loss
 Product or process
liability claims
 Poor corporate image
 Loss of customer base
 Accident investigation
time
 Reduced productivity
because of low morale
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Describe the minimum legal requirements for the management of health and safety
In accordance with the Management of Health & Safety at Work Regulations, it has been
identified that there are certain minimal legal requirements for ensuring health and safety at
workplace (Management of Health and Safety at Work Regulations 1999, 2020). These are stated
beneath:-
1. Carrying out an examination of risk linked with health and safety of their representatives
and other people who might be influenced by their work movement. Businesses with at
least 5 representatives should record the huge discoveries of this risk assessment.
2. Making effectual plans for overseeing health and safety. Bosses of at least 5 individuals
should record these plans.
3. Carrying out a health surveillance as is deemed to be necessary in regards to workforce
whereby it has been controlled by the risk assessment
4. Putting at designations capable individuals, ideally their own representatives, to aid the
above measures. Where there is more than one capable individual designated there must
be sufficient co-activity between them
5. Establishing procedures to be trailed by any worker should circumstances emerge which
could introduce genuine or upcoming risk for example: an evacuation procedure
6. Providing pertinent data on health and safety in an understandable structure
7. Ensuring sync amidst the employers and independently employed individuals who share
the operational environments
8. Ensuring representatives are provided with sufficient health and safety preparation and
are not given undertakings past their ability or physical capacity
9. Providing transitory labourers with relevant and important health and safety data to
empower them for conducting activities in a secured way.
Employees also hold some duty under MHSWR. These are listed beneath:
 Reporting a shortcoming within the domain of H&S related arrangement
 Reporting hazardous situation
 Using equipments as per trainings along with the instructions provided to them
 Taking due care of own H&S along with that of other individuals who might get
impacted on by their activities and/or omissions.
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Explain the roles and responsibilities as outlined in an organisation’s health and safety policy
Within the Health and Safety Policy, responsibilities of CEO, Head of Operations and all
Employees and Volunteers are covered. Hereby, the CEO holds the responsibility in relation to
all the organisational activities along with accountability in context of health & safety
arrangements (Jain, Leka and Zwetsloot, 2018). The Head of Operations holds responsibility for
H&S administration along with safe work system upon daily basis alongside task delegated by
CEO. Out of these, some activities additionally can be delegated to employees however overall
responsibility is assumed by Head of Operations. In relation to workforce and volunteer, it is
determined that statute appoints duty to each individuals in work settings to take due care of their
along with others’ H&S at all times.
The main difference between corporate manslaughter and corporate homicide comprises
of the fact the offence of corporate manslaughter is concerned with corporate liability and does
not apply to directors or other individuals who have a senior role in the company or organisation.
However, existing health and safety law and the offence of 'gross negligence manslaughter'
continue to apply to individuals. Beside this, as per the provision of the 2007 Act specified
government bodies can be prosecuted for corporate manslaughter, contrary to the exception that
usually 'Crown bodies' cannot be prosecuted for criminal offences.
Task 2 – Personal responsibilities for health and safety
Explain an individual’s responsibilities and liabilities under health and safety legislation
Every individual has their own set of responsibilities as well as liabilities which simply come
under health and safety legislations. It is important for each and every workplace pertinent to any
economy of a country to take into account the health and safety considerations and thereby
ensure compliance with it. In an entity CEO of the company plays essential role in the growth.
They are the ones who provide a vision and mission to the organisation. Also, they make sure
that the performance and behavioural conduct of the employees are aligned with the long-term
objective of the corporation. In other words, CEO can be said to be the leader of an entity who
drives the performance of individuals pertinent to the company in a manner such that fruitful
benefits arising as a result of it can be guaranteed.
Here, the management team of the company are required to focus developing their understanding
towards the responsibilities as well as liabilities that ultimately helps them out in executing their
core work responsibility by simply abiding by the health and safety legislation (Lingard and
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Harley, 2019). In this relation, their main is to ensure due compliance with Health and Safety at
Work Act 1974 which tends to place a duty upon all employers to guarantee, “so far as is
reasonably practical”, the prevalence of health, safety and welfare for the workers as well as
members of public in work settings at all times (Salmani and et. al., 2019).
Apart from the above discussion, some of the responsibilities as well as liabilities of the CEO of
the business entity are specified as below:
 At first it is the core responsibility of the CEO of the company to ensure that all the
activities within the company must be executed in such a manner that do not place harm
on the life or safety of any of the employee. Here, complete authority is provided to the
higher management for maintaining health and safety at workplace.
 At next, the CEO of the company also ensures that health and safety policies are effective
incorporated within the premises. Also, managers are also required to provide proper
resources to the employees so that they can easily execute their work responsibility
effectively. Providence of required level of resources to the employees directly reduces
the chances of any sort of complication at workplace. This is so because, with the
availability of required level of resources employees can easily meet the core
predeveloped standards associated with the safety management.
 The next responsibility of the CEO of the company is to ensure that they review whole
functioning of the company at regular basis and checks out that whether the respected
policies within the company are maintained or not. By doing so effectively, the CEO of
the business entity take required initiative and tackle the situation by taking rightful
decision towards the same situation in rapid manner (Jain, Leka and Zwetsloot, 2018).
This also contributes in making required control over all the activities which are being
performed in the same company.
 It has been analseyd that Communication is the key to a healthy, safe and productive
workplace. It is needed to ensure roles and directions are understood; to warn against
dangers; to avoid unsafe practices; to promote critical emergency response and
particularly to learn about the concerns and hazards that workers encounter. Thus, use of
end an Email or Newsletter along with Post Signage Throughout the Workplace would be
made for Communicating the organisation’s written health and safety policy statement to
people who work in own area of responsibility and other relevant parties.
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Explain the resources required and ways of providing health and safety information, induction
and training for a team
It is highly important for every business entity to ensure that their workforce has required
level of knowledge regarding the health and safety so that they can easily find out best way of
performing their work that would ultimately helps them out in the completion of their work
without health issues. Here, it can be said that businesses mainly provide preference to the
resources of the company so that they can easily have adequate level of control towards the
same. In addition to this, it can be further said that by having adequate level of support from the
employees’ side business can control the possible risks for businesses. Also, it provides control
in reducing number of accident and ill health cases that are directly affecting the overall costing
of the company (Parkinson, 2018). For doing this in effective manner, the respective business
entity also required induction training programs for the employees in whom adequate level of
information is provided to the employees about the health and safety legislation and its
corporation helps them out in accomplishing their respective goals and objective within the
available period of time. This training session are conducted for the employees’ after considering
their core needs as well as requirements. This simply contributes in boosting up employee’s
performance as they feel highly motivate within the company which directly contributes in
accomplishing their business objective in rightful manner. This induction training regarding
health and safety includes core information associated with the health and safety. This simply
includes
 Information regarding health and safety policy and core responsibility of the concerned
individuals towards it.
 Core details associated with the hazards associated with Machinery safety, Manual
Handling, Display screen equipment.
 Present first aid provision
 Several sources from where information regarding health and safety can be accomplished
 Adequate process of reporting for the hazards
 Process followed by the individual when event like fire takes place at workplace. It
simply includes information related to means of escape, assembly areas and the use of
fire extinguishers.
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 Also, adequate level of guidance is also provided to the employees that assist them in
making use of personal protective equipment and tools for securing themselves.
Explain how and when to consult with other people on health and safety issues within own area
of responsibility
It has been seen that it is highly important for employer to have detailed conversation with
the employees related to the health and safety issues. This is so because employees can have
effective clear and cut conversation with their superiors and can also comply with the health and
safety laws (Pillay, 2018). ‘While having communication with the employees, it is important for
the superiors make use of two ways communication method in order to make employees
understand each and everything and simply reduce the chances the miscommunication with one
another. With reference to my personal experience related to the workplace, it can be said that
the individuals or employees at my own workplace communicated with the superiors related to
the health and safety on the below stated topic.
 At first discussion is mainly made on the measures that are required to be taken by
superiors that are affecting employees’ health and safety at workplace.
 Appropriate information is provided to the employees regarding the risks associated to
health and safety.
 Planning and preparation of any sort of health and safety associated training.
 A detailed discussion with the employees on the latest technology incorporation and its
associated with the organisational work.
Here, it can be said that detailed conversation among employer and employees includes
discussion on several norms and regulations which includes the Safety Representatives and
Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees)
Regulations 1996. This discussion would help employer in dealing with the circumstances and
applying all rules and regulations related to health safety at workplace in rightful manner
(McCalman and et. al., 2020). In order to do effectively appropriate application of the regulations
must be done within the company. In addition to this, the required discussion must also be made
on training standards that are required to be adhered in the company in rightful manner.
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Explain why and how health and safety should inform planning and decision making
The compliance with Health and safety regulations isn't just a subject of legitimate need, it tends
to inflate the confidence of workers and advance an association's repute for being a decent
employer (Willmer and Haas, 2016). It tends to account as a proof of its CSR efforts or
initiatives. Within the bounds of numerous associations, facilities manager along with
individuals pertinent to the team possess the essential obligation regarding the administration of
health and safety in the interest of its senior administration. The essential source for health and
safety direction within the working scenario of an organisation is Health and Safety Executive
(HSE). Health and safety monitors from HSE hold the ability of entering the premises of an
organisation even without any kind of notice for authorizing enactment. A governmental body
assuming the responsibility to ensure that all kind of health and safety laws and regulations are
implemented and enacted at workplace is referred to as The Health and Safety Executive (HSE).
They tend to play a crucial part in production and provision of advices upon the issues linked to
health and safety together with guidance upon the legislation (Taylor and Tribich, 2019). These
individuals also tend to carry out research related to effectualness of legislation along with the
issues of health and safety, conduct consultation with employee representative as well as
employer, and lastly, provide advices to government alongside legislator upon health and safety.
Thus, it can be said that health and safety are two of the major considerations for any
organisation.
Health and Safety regulations at workplace includes detailed information on health and
safety work act 1974 and its associated codes of practices which shows full commitment towards
the work as well as protecting employees at workplace effectively. In order to do so in effective
manner, it is highly important for the individual to give appropriate level of time regarding the
health and safety norms so that appropriate towards the same can be towards the same in rightful
manner. The overall plan associated with the same are specified as below:
 Appoint committee which would make decisions
 Highlight actions that are required to be taken
 Record all the action made by the concern person.
 Provide recommendation on the actions by simply reviewing all the things effectively.
Apart from this, it can be said that there are range of ways in which health and safety are
informed that contributes in planning and decision makings (Kendrovski and et. al., 2017). The
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main among them are it includes productivity, enhances quality and efficiency of work, and
motivates employees at constant basis, greater co-operation and trust, better decisions about
health and safety and stronger commitment to implementing decisions or actions.
Explain ways of providing health and safety information, induction and training for team in own
area of facilities management responsibility
Implementation of Health and Safety includes range of training for employees. Here, it is
highly important for the practitioners to keep record of each and every training session so that
they can effectively facilitate the team members. Also, the superiors also inform the team
regarding the need of the training, and its benefits for the entity. It also provides health and
safety induction training that ultimately develops knowledge of the individuals regarding the
health and safety norms (Jain, Leka and Zwetsloot, 2018). In order to so effectively respective
superiors of the company focus on providing adequate information to the team members in
rightful members. This simply contributes in controlling risk that might hamper performance of
the employees in negative manner. Also, with these employees also gets knowledge regarding
the emergency procedure with which they can handle it in best possible manner.
Explain how to communicate the written health and safety policy statement to people who work
in own area of responsibility and other relevant parties
The health and safety policy developed by an organisation needs to be duly communicated to the
people who operate within the entity or other relevant parties in order to ensure that they are
aligned with the expectations of the entity and the best practices existing within the marketplace.
In this relation, information about the policy needs to be provided to employees, volunteers,
clients and other individuals who health and safety is affected by the operations of company
(Jain, Leka and Zwetsloot, 2018). To them, the health and safety policy will be communicated
via methods or techniques like mail, meetings, conferences, Skype calls, Zoom meetings etc.
Explain how to develop a culture which puts health and safety first, within own area of facilities
management responsibility
It is important for an organisation to develop a culture whereby safety and health are together
regarded to be the first priority. For this purpose, strong code of conduct and practice needs to be
devised whereby welfare and safety of employees are kept at the core. Further, in this relation,
monitoring needs to be carried out on a regular basis in order to check whether proper health and
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