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RISK ASSESMENTRisk assessments are a legal requirement under the Management of Health & Safety at Work Regulations 1999. Regulation 3 stipulates that every Employer shall make a suitable & sufficient assessment of: (a) the risks to the health & safety of his employees to which they are exposed whilst they are at work; & (b) the risks to the health & safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking. The Approved Code of Practice goes on to say: This regulation requires all employers & self-employed people to assess the risks to workers & any others who may be affected by their work or business. This will enable them to identify the measures they need to take to comply with health & safety law. All employers should carry out a systematic general examination of the effect of their undertaking, their work activities & the condition of the premises. Those who employ five or more employees should record the significant findings of that risk assessment. A risk assessment is carried out to identify the risks to health & safety to any person arising out of, or in connection with, work or the conduct of their undertaking. It should identify how the risks arise & how they impact on those affected. This information is needed to make decisions on how to manage those risks so that the decisions are made in an informed, rational & structured manner & the action taken is proportionate. A risk assessment usually involves identifying the hazards present in any working environment or arising out of commercial activities & work activities as well as evaluating the extent of the risks involved, taking into account existing precautions & their effectiveness. In this approved code of practice hazard is something with the potential to cause harm (this can include articles, substances, plant or machines, methods of work, the working environment & other aspects of work organisation). A risk is the likelihood of potential harm from that hazard being realised. The extent of the risk will depend on: (i) the likelihood of that harm occurring (ii) the potential severity of that harm, i.e. of any resultant injury or adverse health effect; (iii) the population which might be affected by the hazard, i.e. the number of people who might be exposed. The purpose of a risk assessment is to help the employer or self-employed person to determine what measures should be taken to comply with the employer's or self-employed person's duties under the 'relevant statutory provisions' & part ii of the fire regulations. This covers the general duties in the Health and Safety at Work Act & the requirements of part ii of the fire regulations & the more specific duties in the various acts & regulations (including these regulations) associated with the Health & Safety at Work Act. Once the measures have been determined in this way, the duty to put them into effect will be defined in the statutory provisions. For example a risk assessment on machinery would be undertaken under these regulations, but the Provision & Use of Work Equipment Regulations 1998 determine what precautions must be carried out.
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