Manual Handling Manual Handling Operations Regulations 1992 ...

Health and Safety
Executive
Guidance
4(3)(e)
Guidance
207 The Disability Discrimination Act 1995 places a duty on employers (currently
those employing 15 or more, but as from October 2004 all employers) to make
reasonable adjustments to the workplace or employment arrangements so that
a disabled person is not at any substantial disadvantage compared to a nondisabled
person. This might include, for example, arranging to limit the number,
size or weight of loads handled by someone with a disability that limits their manual
handling ability. Further guidance is given in the Department of Work and Pensions
Code of practice for the elimination of discrimination in the field of employment
against disabled persons or persons who have had a disability. 21
208 Allowance should also be made for any health problem of which the employer
could reasonably be expected to be aware and which might have a bearing on the
ability to carry out manual handling operations in safety. If there is good reason to
suspect that an individual’s state of health might significantly increase the risk of
injury from manual handling operations, seek medical advice.
Health surveillance
209 Health surveillance is putting into place systematic, regular and appropriate
procedures to detect early signs of work-related ill health among employees
exposed to certain health risks and acting on the results.
210 There is no duty in the Regulations to carry out health surveillance. Paragraph
41 of the Approved Code of Practice on the Management Regulations requires
appropriate health surveillance to be carried out when certain criteria are met.
However, one of these is that there are valid techniques available to detect
indications of the disease or condition. Currently no techniques are available that
would reliably detect early indications of ill health caused by manual handling and
there is therefore no requirement for health surveillance to be carried out.
4(3)(f)
211 Nevertheless valuable information can be obtained from less precise measures
such as reporting, monitoring and investigation of symptoms. This is known as
‘health monitoring’. It is good practice to put in place systems that allow individuals
to make early reports of manual handling injuries or back pain. Where appropriate
these can be supplemented, for example by monitoring sickness absence records,
lifestyle and health promotions and annual health checks. Further advice is in
HSG61 Health surveillance at work. 22
Regulation
5
Guidance
Regulation 5 Duty of employees
Each employee while at work shall make full and proper use of any system of work
provided for his use by his employer in compliance with regulation 4(1)(b)(ii) of
these Regulations.
212 Duties are already placed on employees by section 7 of the HSW Act under
which they must:
(a)
(b)
take reasonable care for their own health and safety and that of others who
may be affected by their activities; and
co-operate with their employers to enable them to comply with their health
and safety duties.
5
213 In addition, regulation 14 of the Management Regulations requires employees
generally to make use of appropriate equipment provided for them, in accordance with
their training and the instructions their employer has given them. Such equipment will
include machinery and other aids provided for the safe handling of loads.
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