Competency: What does this mean? How can this be assessed

Competences for Core Criteria for demonstration of Competence: Companies, Contractors, Co-ordinators and Designers

The tables below should help to understand and assess the standards you are required to meet the standards set out in the core criteria table below.

·        Column 1 of the table lists the elements which should be assessed when establishing whether or not a company is competent for the work which they will be expected to do.

·        Column 2 lists the standards against which the assessment should be made.

·        Column 3 gives some examples of how a company might demonstrate that it meets these standards.

Companies do not have to produce all of the evidence listed in column 3 to satisfy the standard – but they need to produce enough evidence to show that they meet the standard in column 2, taking account of the nature of the project and the risks which the work entails. This requires you to make a judgement as to whether the evidence provided meets the standard to be achieved.

If your judgement is reasonable, and clearly based on the evidence you have asked for and been provided with, you will not be criticised if the company you appoint subsequently proves not to be competent when carrying out the work.

The assessments should focus on the needs of the particular job and should be proportionate to the risks arising from the work. Unnecessary bureaucracy associated with competency assessment obscures the real issues and diverts effort away from them.

If you’re an employer with less than 5 persons working for you, you do not have to write down your policy, organisation or arrangements under criteria 1 and 2. However, you do need to demonstrate that your policy and arrangements are adequate in relation to the type of work you do. Assessments of competence will be made easier if your procedures are clear and accessible.

‘Contractor’, ‘Designer’ and ‘Co-ordinator’ relate to your function, not to the type of organisation.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
	Stage 1 assessment
1	Health and safety policy and organisation for health and safety	You are expected to have and implement an appropriate policy, regularly reviewed, and signed off by the managing director or equivalent. The policy must be relevant to the nature and scale of your work and set out the responsibilities for health and safety management at all levels within the organisation.	A signed, current copy of the company policy (indicating when it was last reviewed and by whose authority it is published). Guidance on writing company policies for health and safety can be found in HSE free leaflet INDG 259.
2	Arrangements	These should set out the arrangements for health and safety management within the organisation and should be relevant to the nature and scale of your work. They should set out how the company will discharge their duties under CDM (2007). There should be a clear indication of how these arrangements are communicated to the workforce.	A clear explanation of the arrangements which the company has made for putting its policy into effect and for discharging its duties under CDM (2007). Guidance on making arrangements for the management of health and safety can be found in HSE free leaflet INDG 259.
3	Competent advice – corporate and construction related	Your organisation, and your employees, must have ready access to competent health and safety advice, preferably from within your own organisation. The advisor must be able to provide general health and safety advice, and also (from the same source or elsewhere) advice relating to construction health and safety issues.	Name and competency details of the source of advice, e.g. a safety group, trade federation, or consultant who provides health and safety information and advice. An example from the last 12 months of advice given and action taken.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
4	Training and information	You should have in place, and implement, training arrangements to ensure your employees have the skills and understanding necessary to discharge their duties as contractors, designers or CDM co-ordinators. You should have in place a programme for refresher training, e.g. a Continuing Professional Development programme or lifelong learning which will keep your employees updated on new developments and changes to legislation or good health and safety practice. This applies throughout the organisation – from Board or equivalent, to trainees.	Headline training records. Evidence of a health and safety training culture including records, certificates of attendance and adequate health and safety induction training for site based workforce. Evidence of an active CPD programme. Sample ‘tool box talks’.
5	Individual qualifications and experience	Employees are expected to have the appropriate qualifications and experience for the assigned tasks, unless they are under controlled and competent supervision.	Details of qualifications and/or experience of specific corporate post holders, e.g. Board members, Health and Safety Adviser etc. Other key roles should be named or identified and details of relevant qualifications and experience provided. FOR CONTRACTORS: details of number/percentage of people engaged in the project that have passed a construction health and safety assessment, e.g. the Construction Skills’ health and safety test or affiliated schemes, or the CCNSG equivalent. For site managers, details of any specific training, such as Construction Skills’ Site Managers Safety Training Scheme certificate (SMSTS) or equivalent. For professionals, details of qualifications and/or professional institution membership. For site workers, details of any relevant qualifications or training such as S/NVQ certificates. Evidence of a company-based training programme suitable for the work to be carried out.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
7	Workforce involvement	You should have, and implement, an established means of consulting with your workforce on health and safety matters.	Evidence showing how consultation is carried out. Names of appointed safety representatives. For those employing more than five people, be able to describe how you consult with your employees to achieve the consultation required.
8	Accident reporting and enforcement action; follow up investigation	You should have records of all RIDDOR reportable events for at least the last three years. You should also have in place a system for reviewing all incidents, and recording the action taken as a result. You should record any enforcement action taken against your company over the last five years, and the action which you have taken to remedy matters subject to enforcement action.	Evidence showing the way in which you record and investigate accidents and incidents. Records of the last two accidents/incidents and the actions taken to prevent recurrence. Records of any enforcement action taken over the last five years, and what action was taken to put matters right. (Information on enforcement taken by HSE over the last five years is available on the HSE website.) For larger companies, simple statistics showing incidence rates of major injuries, over three-day injuries, reportable cases of ill-health and dangerous occurrences for the last three years. Records should include any incidents that occurred whilst the company traded under a different name, and any incidents that occur to direct employees or labour-only subcontractors.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
9	Subcontracting/ consulting procedures (if applicable)	You should have arrangements in place for appointing competent subcontractors/ consultants. You should be able to demonstrate how you ensure that subcontractors will also have arrangements for appointing competent subcontractors or consultants. You should have arrangements for monitoring subcontractor performance.	Evidence showing how you ensure subcontractors are competent. Examples of subcontractor assessments you have carried out. Evidence showing how you require similar standards of competence assessment from subcontractors. Evidence showing how you monitor subcontractor performance.
10	Hazard elimination and risk control (Designers only)	You should have, and implement, arrangements for meeting your duties under Regulation 11 of CDM (2007)	Evidence showing how you: •      ensure co-operation and co-ordination of design work within the design team and with other designers/contractors •      ensure that hazards are eliminated and any remaining risks controlled •      ensure that any structure which will be used as a workplace will meet relevant requirements of The Workplace (Health Safety and Welfare) Regulations 1992. Examples showing how risk was reduced through design. A short summary of how changes to designs will be managed. (Note: the emphasis here should be on practical measures which reduce particular risks arising from the design, not on lengthy procedural documentation highlighting generic risks.)

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
11	Risk assessment leading to a safe method of work (Contractors only)	You should have procedures in place for carrying out risk assessments and for developing and implementing safe systems of work/method statements.	Evidence showing how the company will identify significant health and safety risks and how they will be controlled. Sample risk assessments or safe systems of work or method statements. If you employ less than five persons and do not have written arrangements, you should be able to describe how you achieve the above.
		The identification of health issues is expected to feature prominently in this system.	This will depend upon the nature of the work, but must reflect the importance of this risk area.
12	Co-operating with others and co-ordinating your work with that of other contractors (Contractors)	You should be able to illustrate how co-operation and co-ordination of your work is achieved in practice, and how you involve the workforce in drawing up method statements/safe systems of work.	Evidence could include sample risk assessments, procedural arrangements, and project team meeting notes. Evidence of how the company co-ordinates its work with other trades.
13	Welfare provision (Contractors)	You should be able to demonstrate how you will ensure that appropriate welfare facilities will be in place before people start work on site.	Evidence could include for example health and safety policy commitment; contracts with welfare facility providers; details of type of welfare facilities provided on previous projects.
14	CDM co-ordinator’s duties (CDM co-ordinators)	You should be able to demonstrate how you go about encouraging co-operation, co-ordination and communication between designers.	The evidence should be in the form of actual examples rather than by generic procedures.

	Criteria	Standard to be achieved	Examples of the evidence that you could use to demonstrate you meet the required standard
	Stage 2 assessment
1	Work experience	You should give details of relevant experience in the field of work for which you are applying.	A simple record of recent projects or contracts should be kept, with the phone numbers and addresses of contacts who can verify that work was carried out with due regard to health and safety. This should be sufficient to demonstrate your ability to deal with the key health and safety issues arising from the work you are applying for. Where there are significant shortfalls in your previous experience, or there are risks associated with the project which you have not managed before, an explanation of how these shortcomings will be overcome.

Guidance for assessing competence of a co-ordinator for a larger or more complex project, or one with high or unusual risks.

Organisations do not have to produce all of the evidence listed in column 3 to satisfy the standard – they simply need to produce enough evidence to show that they meet the standard in column 2, taking account of the nature of the project and the risks which the work entails. This requires you to make a judgement as to whether the evidence provided meets the standard to be achieved.


If your judgement is reasonable, and clearly based on the evidence provided, you will not be criticised if the company you appoint subsequently proves not to be competent to carry out the work.

Remember that assessments should focus on the needs of the particular job and should be proportionate to the risks arising from the work.

Unnecessary bureaucracy associated with competency assessment obscures the real issues and diverts effort away from them.

Element	Sub-element	Examples of attainment
Stage 1
Task knowledge appropriate for the tasks to be undertaken. May be technical or managerial.	The design process	Professionally Qualified to Chartered level (Note 1) Membership of a relevant construction institution, for example CIBSE; ICE; IET; IMechE; IstructE; RIBA; CIAT.
Health and safety knowledge sufficient to perform the task safely, by identifying hazard and evaluating the risk in order to protect self and others, and to appreciate general background.	Health and safety in construction	Validated CPD in this field (Note 2), and typical additional qualification e.g. NEBOSH Construction Certificate Member of the Health and Safety Register administered by the ICE (Note 3) Member of the Co-ordinators’ Register administered by the Association for Project Safety Fellowship of Association for Project Safety Membership of Institution of Planning Supervisors.
Stage 2
Experience and ability sufficient to perform the task, including, where appropriate, an appreciation of constructability, to recognise personal limitations, task-related faults and errors and to identify appropriate actions.		Evidence of work on similar projects with comparable hazards, complexity and procurement route.

Note 1      Chartered membership of a recognised construction-related institution.

Note 2      For current professionals this needs to include at least 3 days of appropriate training within the last 2 years, including a general ‘health and safety’ course with a construction bias and/or a specialist ‘co-ordinator’ course.

Note 3      Open to any member of a construction-related institution.

The contents of the health and safety file

1.       When compiling the Health and Safety file, consideration should be given to including information about each of the following where they are relevant to the health and safety of any future construction work. The level of detail should allow the likely risks to be identified and addressed by those carrying out the work:

·         a brief description of the work carried out;

·         any residual hazards which remain and how they have been dealt with (e.g. surveys or other information concerning asbestos; contaminated land; water bearing strata; buried services etc.);

·         key structural principles (e.g. bracing, sources of substantial stored energy, including pre- or post-tensioned members) and safe working loads for floors and roofs, particularly where these may preclude placing scaffolding or heavy machinery there;

·         hazardous materials used (e.g. lead paint; pesticides; special coatings which should not be burnt off etc.);

·         information regarding the removal or dismantling of installed plant and equipment (e.g. any special arrangements for lifting, order or other special instructions for dismantling etc.);

·         health and safety information about equipment provided for cleaning or maintaining the structure;

·         the nature, location and markings of significant services, including underground cables; gas supply equipment; fire-fighting services etc.;

·         information and as-built drawings of the structure, its plant and equipment (e.g. the means of safe access to and from service voids, fire doors and compartmentalisation etc.).

2.       The file does not need to include things that will be of no help when planning future construction work, for example:

·         the pre-construction information, or construction phase health and safety plan;

·         construction phase risk assessments, written systems of work and COSHH assessments;

·         details about the normal operation of the completed structure;

·         construction phase accident statistics;

·         details of all the contractors and designers involved in the project (though it may be useful to include details of the principal contractor and planning supervisor);

·         contractual documents;

·         information about structures, or parts of structures, that have been demolished unless there are any implications for remaining or future structures, e.g. voids;

·         information contained in other documents, but relevant cross-references should be included.

3.       Some of the above items may be useful to the client for later work, or may be needed for purposes other than complying with the CDM regulations, but CDM (2007) does not require them to be included in the file. Including too much material may hide crucial information about risks.

The file does not need to include things that will be of no help when planning future construction work, for example:

·         the pre-construction information, or construction phase plan;

·         construction phase risk assessments, written systems of work and COSHH assessments;

·         details about the normal operation of the completed structure;

·         construction phase accident statistics;

·         details of all the Contractors and Designers involved in the project (though it may be useful to include details of the Principal Contractor and CDM co-ordinator);

·         contractual documents, F10 etc;

·         information about structures, or parts of structures, that have been demolished - unless there are any implications for remaining or future structures, for example voids;

·         information contained in other documents, but relevant cross-references should be included.

The Client’s duty in relation to the health and safety file - Regulation 17

·         The Client shall ensure that the CDM co-ordinator is provided with all the health and safety information in the Client’s possession (or which is reasonably obtainable) relating to the project which is likely to be needed for inclusion in the health and safety file, including information specified in regulation 4(9)(c) of the Control of Asbestos Regulations 2006(a).

·         Where a single health and safety file relates to more than one project, site or structure, or where it includes other related information, the Client shall ensure that the information relating to each site or structure can be easily identified.

·         The Client shall take reasonable steps to ensure that after the construction phase the information in the health and safety file

(1)     is kept available for inspection by any person who may need it to comply with the relevant statutory provisions;

(2)     and is revised as often as may be appropriate to incorporate any relevant new information.

·         It shall be sufficient compliance with paragraph (3)(a) by a Client who disposes of his entire interest in the structure if he delivers the health and safety file to the person who acquires his interest in it and ensures that he is aware of the nature and purpose of the file.

Working Safely

This article defines safe working, the meaning of hazard and risk, hazard identification techniques, basic qualitative risk assessment, selecting or seeking advice on workplace precautions and assisting managers to prepare risk assessments. It concludes with a reminder of statutory responsibilities for health and safety at work.

The term "WORKING SAFELY" may be defined as:

"The collective actions of employees and managers to identify potential hazards in their workplace and either eliminate or control them to an acceptable level, with the common goal of preventing accidents and minimising loss to the compa

In order to work safely employees and managers alike must adopt a proactive approach to health and safety in their workplace that will require a genuine, visible commitment together with personal ownership structured around a control strategy.

A "HAZARD" is defined as "Anything with the potential to cause harm" Harm may include-injuries, ill-health or both. A "RISK" is defined as:

• "The likelihood that a particular hazard will give rise to harm (the extent of the risk covers the population affected and the consequences for them).

Risk therefore reflects both the likelihood and severity of the harm. Hazard Identification

Workplace hazards may be presented in many different forms according to their origin and their physical state. They may comprise of one or all of the following categories:

• Physical hazards - these may include excessive noise, extremes of temperature or exposure to other energy forms such as radiation and electricity. Alternatively, they may be mechanical in  nature such as traps, impact, contact and entanglement with machinery.

• Chemical hazards - these may comprise acids, alkalis, solvents, detergents or other substances known to be hazardous to health. They may produce toxic, harmful, corrosive or irritant effects when in contact with the human body.

• Biological hazards - diseases such as Hepatitis, Legionnaires, Leptospirosis and Anthrax may be contracted from humans or animals or transmitted by other media such as blood, water or the air.

Ergonomic hazards - consideration must also be given to the machine/operator interface. Hazards may include visual and postural fatigue, internal and external manual handling injuries and work related upper limb disorders associated with repetitive movement and strains.

The essential first step in risk control is to seek out and identify hazards. Relevant sources of information include:

• Legislation and supporting Approved Codes of Practice which give practical guidance and include basic minimum requirements.
• HSE guidance.
• Process information.
• Product information.
• Relevant British and international standards.
• Industry or trade association guidance.
• The personal knowledge and experience of managers and employees.
• Accident, ill health and incident data from within the organisation, from other organisations or from central sources.
• Expert advice and opinion and relevant research.

  There should be a critical appraisal of all routine and non-routine business activities.

People exposed may include not just employees but also others such as members of the public, contractors and users of the products and services. Employees and safety representatives can make a useful contribution in identifying hazards.

In the simplest cases, hazards can be identified by observation and by comparing the circumstances with the relevant information (for example single-storey premises will not present any hazards associated with stairs).

In more complex cases, measurements such as air sampling or examining the methods of machine operation may be necessary to identify the presence of hazards from chemicals or machinery.

In the most complex or high-risk cases (for example, in the chemical or nuclear industry) special techniques and systems may be needed such as hazard and operability studies (HAZOPS) and hazard analysis techniques such as event or fault-tree analysis. Specialist advice may be needed to choose and apply the most appropriate method.

  

Risk Assessment

A risk assessment is nothing more than a careful examination of what, at work, could cause harm to people, so that it can be established whether enough precautions have been taken or more should be done to prevent harm. The aim is to make sure that no one gets hurt or becomes ill.

Accidents and ill health can ruin lives and affect business too if output is lost, machinery is damaged, insurance costs increase, or if subject to prosecution.

The important things to be decided are whether a hazard is significant and whether it is covered by satisfactory precautions so that the risk is small. This must be done when assessing risks. For instance, electricity can kill but the risk of it doing so in an office environment is remote provided that 'live' components are insulated and metal casings properly earthed.

HSE Guidance - Five Steps to Risk Assessment STEP 1 - Look for the hazards

Start by walking around the workplace and looking afresh at what could reasonably be expected to cause harm. Ignore the trivial and concentrate on significant hazards that could result in serious harm or affect several people.

Ask other employees or safety representatives what they think. They may have noticed things that are not immediately obvious. Manufacturers' instructions or data sheets can also help spot hazards and put risks in their true perspective. So can accident and ill-health records.

Look for hazards that could reasonably expect to result in significant harm under the conditions in your workplace. Use the following examples as a guide:

• Slipping/tripping hazards (poorly maintained floors or stairs)
• Fire (flammable materials and sources of heat)
• Chemicals (battery acid)
• Moving parts of machinery (blades)
• Work at height (mezzanine floors)
• Ejection of material (plastic moulding)
• Pressure systems (steam boilers)
• Vehicles (fork-lifftrucks etc.)
• Electricity (poor wiring)
• Dust (grinding)
• Fumes (welding)
• Manual handling
• Noise
• Poor lighting
• Low temperature
    

STEP 2 - Decide who might be harmed, and how

Young workers, trainees, new and expectant mothers etc., who may be at particular risk

Cleaners, visitors, contractors, maintenance workers etc., who may not be in the workplace all the time
Members of the public, or people sharing the workplace, if there is a chance they could be hurt by work activities.

STEP 3 - Evaluate the risks and decide whether existing precautions are adequate or more should be done

Risk assessment requires assessment of two factors:

• Likelihood
• Severity

Likelihood

 A subjective assessment of the probability can be reduced to numbered categories as follows. (There are many versions of this technique).

• 5 = Certain or near certain 
• 4 = Very likely
• 3 = Likely
• 2 = Unlikely
• 1 = Very unlikely

Severity

This requires an assessment of the possible outcome of the hazard. Various factors will affect the severity. We can apply a similar procedure to the above and produce a numbered scale as follow:

• 5 = Death
• 4 = Major injury, disabling disease
• 3 = Lost time injury (over 3 days) 
• 2 = First aid injury
• 1 = Minor injury  

Risk Rating

Multiply the Severity number by the Likelihood number to arrive at the risk factor for each hazard. This produces a number on a scale of 1 to 25. These numbers provide an indication of priority and the extent of the risk, the higher the number the greater the priority and risk and therefore the more resources which may be needed to control the risk

This can easily be shown with the use of the risk matrix

Severity	Likelihood	5	4	3	2	1
5		25	20	15	10	5
4		20	16	12	8	4
3		15	12	9	6	3
2		10	8	6	4	2
1		5	4	3	2	1

 

As a rough guide:

16 to 25 is high risk and may require the provision of considerable resources involving special equipment, training, high levels of supervision and consideration of the most effective methods of eliminating or controlling hazards.

6 to 15 is significant risk and will require an appropriate level of resources.

1 to 5 is low risk but actions should still be taken to try to reduce these risks further if possible within reasonable limits

  

The aim is to make all risks small by adding to the precautions as necessary.

If it is found that something needs to be done, an "action list" can be drawn up to give priority to any remaining risks which are high and/or those which could affect most people. In taking action ask:

• Can we get rid of the hazard altogether?
• If not, how can the risks be controlled so that harm is unlikely?

In controlling risks, apply the principles below, if possible in the following order:

• Try a less risky option
• Prevent access to the hazard (by guarding)
• Organise work to reduce exposure to the hazard
• Issue personal protective equipment
• Provide welfare facilities (washing facilities for removal of contamination and first aid)

These are inexpensive precautions considering the risks. Failure to take simple precautions can cost a lot more if an accident does happen.

STEP 4 - Record your findings

If there are fewer than five employees an employer does not need to write anything down, though it is useful to keep a written record of what has been done. But if there are five or more people employed the employer must record the significant findings of the assessment.

This means writing down the significant hazards and conclusions. Examples might be

• Electrical installations - insulation and earthing checked and found sound
• Fume from welding - local exhaust ventilation provided and regularly checked
• Risk assessments ^-must be suitable and sufficient — this means showing that:
• A proper check was made by competent people to identify significant hazards
• Those who might be affected are identified
• All the obvious significant hazards were addressed, taking into account the number of people who could be involve

The precautions are reasonable and the remaining risk is low

STEP 5 - Review your assessment and revise it if necessary

Sooner or later new machines, substances and procedures that could lead to new hazards will be brought in. If there is any significant change, this should be added to the assessment to take account of the new hazard

Do not amend the assessment for every trivial change or for each new job, but if a new job introduces significant new hazards of its own, this must be considered in its own right and action taken to keep the risks down.

It is good practice to review the assessments from time to time to make sure that the precautions are still working effectively

Sources of Information

It is essential to keep abreast of new health and safety legislation and other developments in the health and safety field. Copies of the Acts and Regulations are sold by HMSO. These, however, generally give only a broad outline but it is useful to know the aim of the Act or Regulation.

Extensive health and safety information can be obtained from the Health and Safety Executive (HSE) telephone 01787 881165 (HSE Books), or via their website at http://www.hse.gov.uk/

Publications available include:

• Approved Codes of Practice
• Guidance
• Free leaflets on a wide variety of hazards

Information and advice on occupational health problems can be obtained from the Employment Medical Advisory Service (EMAS). The EMAS telephone numbers are available at local HSE area offices.

Local Authority Environmental Health Departments

Local authorities have responsibility for enforcing health and safety legislation in a wide variety of non-industrial premises, for example at various consumer services, launderettes, restaurants etc.

Organisations Involved in Safety

There are a number of organisations that are involved almost exclusively in Health and Safety and publish monthly journals that are valuable sources of information. These include:

• Institution of Occupational Safety and Health (IOSH) (see above)
• Royal Society for the Prevention of Accidents (RoSPA)
• British Safety Council 

Publications

There are a considerable number of books both general and specific on health and safety published and available from books shops.

British and European Standards
A number of these relate to safety such as BS EN 292 Safeguarding of Machinery and BS EN 166 Eye Protection. Whilst not having legal standing they will be used as yardsticks of good safety practice

Professional Institutes/Trade Organisations

These often produce codes of practice, for example the Institute of Electrical Engineers Regulations on Electrical Installations and Portable Appliance Testing.

Consultants and Specialists

Advice can be obtained from organisations such as Universities, Colleges, and Institutions who offer consultancy services as well as specialists in various areas.

Training Boards

Training Boards specify training standards but some of their publications provide substantial information on safety matters.

Manufacturers and Suppliers
Manufacturers, suppliers and importers have a duty under HASAWA Section 6 to provide information that will enable the users of their products to be able to use them with safety.

Manufacturers of Personal Protective Equipment (PPE) will meet the various British Standards relating to their products and provide the information on their levels of protection.

Trade Unions and the TUC

Unions and the TUC produce guides for Safety Representatives and many Unions also have full time Officers who deal with Health and Safety matters.

Posters and Signs
Employers must display certain statutory notices that provide information to employees. Other posters can be used to remind staff of general workplace hazards or to support specific safety campaigns. Signs remind employees of safety requirements and also draw to the attention of visitors who are not familiar with the workplace potential hazards.

Company Sources

• Company Safety Policy — a legal requirement with five or more employees in the company.
• Job descriptions — responsibilities, hazards and control measures.
• Accident statistics and records.

Health and Safety Statutory Legislation — Application to Employees

The following information is provided to remind people of their general health and safety legal responsibilities at work.

This information must also be provided at the workplace in the form of either:

• A poster prominently displayed in the workplace, entitled "Health and safety law — what you should know"; or
• An approved leaflet given to employees. The Health and Safety at Work etc. Act 1974 Section 7 - Duties of employees at work

1. To take reasonable care for the health and safety of themselves and others who may be affected by their acts or omissions.
2. To co-operate with their employer or any other person so far as is necessary to enable statutory duties or requirements to be complied with.

Section 8 - Duty on all persons

No person must intentionally or recklessly interfere or misuse anything provided in the interests of health, safety or welfare.

The Management of Health and Safety at Work Regulations 1999 Regulation 14— Employees' duties
Employees must use any machinery, equipment, substance etc in accordance with training and instructions given.

Employees must report to employers or others with responsibility for health and safety of employees:

• Work situations that represent serious and immediate danger to health and safety.
• Matters that represent shortcomings in the protection arrangements for health and safety.

Any failure to observe the duties outlined above could lead to individuals being prosecuted in the criminal courts