Which Legislation Applies to Manual Handling?
Why is Manual Handling so important?
Manual handling is a very important consideration when it comes to health and safety in the workplace. Poor manual handling practice is responsible for a significant portion of injuries and lasting health issues at work, with musculoskeletal disorders (MSDs) amongst the most severe. This can cause long-term problems for the individual involved, as well as for the business. As a result, there is extensive guidance and legislation on the subject, to help ensure that both employers and employees get this right. In this article, we’re going to go through some of the most important pieces of legislation that are applicable to manual handling in the workplace. Some are more important than others, but each one is relevant to some aspect of workplace safety.
Manual Handling Operations Regulations 1992 (MHOR) (as amended 2002)
The Manual Handling Operations Regulations are the most significant when it comes to this area of safety, and are sometimes erroneously referred to as the manual handling act. This dedicated piece of legislation is designed to help employers and employees manage, control and ultimately reduce the risk of injuries that might come about from poor manual handling practice. One of the most important elements of the legislation is that when it came into force in 1993, it placed a requirement on employers to take action in respect of manual handling, and ensured that they had a responsibility to their employees.
MHOR sets out three main elements that should be followed by employers wherever possible. They are to avoid, assess, and reduce. Avoid means that in any practical scenarios, manual handling should be avoided entirely. If there may be a risk to a person’s health, then the task should simply not be carried out if possible. The second point, to assess, means that any task that can’t be avoided, should be thoroughly assessed for its risks. The third and final point, which forms the bulk of the MHOR, is how to reduce risk.
It’s very important to note that the MHOR does not set out specific limits for certain elements of manual handling such as the weight that a person should carry. Instead, it gives a framework for all of the things that need to be considered when deciding how to reduce the risk of MSDs when handling objects. There are many things that need to be taken into account, of which some of the most important referenced in guidelines to the Act are below:
- Individual capability - Different people have different physical capabilities, which means that rules need to have some flexibility, and be tailored towards those who are most likely to be doing the task, as well as those most likely to be injured.
- Situation - This will mean considering whether there are any circumstances which make the task more difficult or risky, such as working at height, or on uneven surfaces.
- Clothing and Footwear - Appropriate clothes and footwear will need to be used in certain scenarios. Picking up a box of paper in the office for instance requires no special consideration, but loads that could drop on and damage toes may need special footwear.
- Training and knowledge - If there are any special requirements to knowing how to manually handle an object or even person, then these must be made clear to employees, and the processes readily available.
Finally, health surveillance is another important part of these regulations, with regulation 4 stating that employers must make reasonable attempts to monitor the health of anyone involved in manual handling, to ensure that any potential MSDs are picked up early.
Health and Safety at Work etc Act 1974 (HSWA)
The HSWA is the main piece of legislation that broadly covers all relevant elements of health and safety in the workplace. It is still today both in force and a critically important piece of legislation that all employers must be aware of. In reality, most people will be aware of many elements of it, without being directly familiar with the Act itself. In this Act, responsibilities of employers towards their staff are set out, and liabilities and punishments (including criminal) are also explained. While manual handling isn’t a specific part of this legislation, the principles are still applicable.
The other significant element of the HSWA is that it created two bodies responsible for health and safety in the United Kingdom. These were the Health and Safety Commission, and the Health and Safety Executive. The Commission was tasked with research, facilitating good practice, and proposing new legislation. The Executive was tasked with enforcing health and safety law. By 2008 however, the two bodies had merged, and we now have the Health and Safety Executive, which is responsible for all aspects. Those familiar with manual handling will recognise the HSE as the organisation that publishes documentation and guidelines that pertain to virtually all aspects of keeping people safe at work.
Management of Health and Safety at Work Regulations 1999
One of the more minor pieces of legislation, this one does include some requirement for employees themselves to be responsible and follow the instructions and rules laid out for them in respect of health and safety and using equipment. This means that employees must follow the manual handling processes that they have been given - they have a legal obligation to do so. In addition, regulation 3 does again reiterate that employers must assess any potential risks to their employees while they’re at work, which includes manual handling tasks.
Provision and Use of Work Equipment Regulations 1998 (PUWER)
PUWER is another piece of legislation relevant to the HSE, but this one deals specifically with workplaces in which employees are required to work with equipment. Not all equipment will require any kind of manual handling, but much of it will. Using power tools for example could mean regularly lifting and using heavy machinery. PUWER places a number of responsibilities on employers, most of which are common sense, but which are nonetheless important. This includes things like ensuring that the equipment is safe to use, that anyone using them has been appropriately trained, and that any necessary risk mitigation measures are taken out.
Lifting Operations and Lifting Equipment Regulations 1998 (LOLER)
The final piece of legislation generally regarded as being important to manual handling is the Lifting Operations and Lifting Equipment Regulations 1998. Generally, this does instead deal with equipment that is designed to lift objects or people in the workplace, and therefore no manual handling should actually be required. However, it’s important to be aware that improper use of lifting equipment can sometimes mean that manual handling becomes involved where it should not. For example, if disability harnesses and lifting frames are used incorrectly, strain can be placed on the person carrying out the task, which must be avoided. For this reason, it’s useful to be aware of LOLER and how lifting equipment should be used appropriately.
The Health and Safety Executive should be the main and first point of call for questions surrounding manual handling legislation, and it does publish various documentation on the subject that can be used by employers. However, if you require more detailed training, your organisation may need to consider an external training company. The HSE specifically does not have set rules when it comes to training, but you should look for the best courses possible. Here at Virtual College, we’re pleased to be able to bring you a range of health and safety courses, including an online manual handling course that covers best practice for both objects and people.