The use of mobile phones and personal audio equipment
Jon Allbutt, Health & Safety Consultant advises on the use of mobile phones and audio equipment whilst operating machinery at work.
HEALTH AND SAFETY AT WORK.
TECHNICAL NOTE - THE USE OF MOBILE PHONES AND PERSONAL AUDIO EQUIPMENT WHEN OPERATING WORK EQUIPMENT.
MARCH 2009.
Introduction:
It is generally accepted that employees using work equipment need to avoid being distracted in any way; this is particularly so when using ride on work equipment.
When working 'in the field of play' such as on golf courses and in public parks there is the additional matter of maintaining a high level of awareness of the presence of golfers and the general public. In addition to being able to see the work area clearly, it is also necessary to be able to hear a call of 'fore' or other warning.
Operating work equipment requires that both hands are free to operate the controls both routinely and also in an emergency. Research, and vehicle accident investigations and prosecutions, show clearly that operators are much more liable to have accidents when distracted and failing to operate controls properly.
The argument that listening to music helps to reduce the boredom of repetitive and routine operations does have some merit. However this is only possible where the equipment is fitted into the vehicle and requires a minimum of operation, and then only when the vehicle is stationary.
Operators of ride on work equipment may also need to communicate with colleagues by two-way radio or mobile phone. This should also be possible if the equipment is designed to be used 'hands free'. In the case of both mobile phones and two-way radios there is equipment available to enable this to happen - it is the employer's duty to ensure that such equipment is provided and that it is used properly.
It is the employer's statutory duty to make adequate arrangements for the safety of employees and others, this includes the provision and operation of work equipment. The employer must make these arrangements clear to employees and this must include such consultation, information and training as is necessary to ensure the employee understands the 'safety rules'. The Law as it is outlined below does not allow for any doubt or in any sense 'leaving it up to the employee' to decide.
The employee has statutory duties to co-operate with the employer and to use the work equipment according to the employer's policies, procedures and the training provided.
In respect of using mobile phones, two-way radios and personal audio equipment, the employer must make the 'safety rules' for use clear and be prepared to take disciplinary action as may be necessary to secure the safe operation of the work equipment.
Unless the employer can provide the necessary equipment and/or adaptations to enable the employer to use this equipment 'hands free', the use of this equipment should be prohibited.
The GTC/HSE publication Health and Safety in Golf Course Management and Maintenance (available from the Greenkeeper Training Committee www.golf@the-gtc.co.uk ) provides further information for both employer and employee to assist both parties to secure a safe working environment.
The information outlined below is by no means an exhaustive list of the law and regulations that apply to this issue. The HSE website www.hse.gov.uk contains much more including many free downloadable leaflets on health and safety management.
Employer Duties:
Section 2 of the Health and Safety at Work Act 1974 sets out the employers general duties:
2. - (1) It shall be the duty of all employers to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.
(2) Without prejudice to the generality of an employer's duty under the preceding subsection, the matter to which that duty extends include, in particular -
(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
In the sections above the word 'articles' includes work equipment.
The employer also has specific duties for the use of work equipment under the Provision and Use of Work Equipment Regulations 1992 (PUWER):
Regulation 5 states:
(1) Every employer shall ensure that work equipment is so constructed or adapted as to be suitable for the purpose for which it is used or provided.
(2) In selecting work equipment, every employer shall have regard to the working conditions and to the risks to the health and safety of persons which exist in the premises or undertaking in which that work equipment is to be used and any additional risk posed by the use of that work equipment
(3) Every employer shall ensure that work equipment is used only for operations for which, and under conditions for which, it is suitable.
(4) In this regulation "suitable" means suitable in any respect which it is reasonably foreseeable will affect the health or safety of any person
Regulation 8 states:
(1) Every employer shall ensure that all persons who use work equipment have available to them adequate health and safety information and, where appropriate, written instructions pertaining to the use of the work equipment.
Regulation 9 states:
(1) Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail, and precautions to be taken.
The above information is supported by a number of Approved Codes of Practice and guides that deal in detail with particular aspects of the employer's duties.
Employees Duties:
The employee also has general duties under the Health and Safety at Work Act -
Section 7 states: It shall be the duty of every employee while at work -
(a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and
(b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.
Section 8 states -
No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.
The above two Sections make it clear that the employee must co-operate with the reasonable requirements of his employer. In any internal employment disciplinary action, or court proceedings, the employee can be asked to account for any such failures under these two Sections.
Jon Allbutt Associates
March 2009.
