Legislation Relevant To Shopping Centres
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7) Health and safety legislation
Health and Safety at Work Act 1974
Under the Health and Safety at Work Act 1974, employers have a duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees. This duty may be relevant, for example, regarding attendants employed in public CP toilets. The provider would have to be clear about the role and function of such attendants, as well as about the competence level, supervision, policies and procedures.
The Changing Places Consortium recommends that organisations do not place responsibility on staff to assist people to use CP toilet facilities.
The Act also places a duty on employers to conduct their undertaking in a way as to ensure, so far as is reasonably practicable, that people who are not in their employment who might be affected are not exposed to risk towards their health and safety. This might apply to users of CP toilets and their assistants. The risk might be managed, for example, by providing clear information about the equipment and instructions for use, by ensuring the equipment is properly maintained and by providing an emergency alarm.
Management of Health and Safety at Work Regulations 1999
Among other duties, these regulations stipulate an explicit obligation to carry out a risk assessment in relation to both employees and non-employees.
Common law of negligence
This is the law which would potentially apply should a user suffer an injury using a facility such as a CP facility. The basic test of negligence is whether there is a duty of care, whether it has been breached by carelessness, and whether harm has been caused b the breach. The test of carelessness would include consideration of whether the risks of providing specialist equipment in public toilets had been properly evaluated and then balanced against the benefits, which would be determined by a thorough assessment of the risks and how these could be managed.
Lifting Operations and Lifting Equipment Regulations 1998, and Provision and Use of Work Equipment Regulations 1998
These regulations relate to the examination and maintenance of lifting equipment, but only for equipment used at work. However, where the Health and Safety at work Act applied to non-employees, the Health and Safety Executive has stated that it would expect the standards associated with these regulations to be adhered to.
The Changing Places Consortium recommends that all specialist equipment should be fitted, regularly inspected and maintained according to the manufacturer's instructions.
Manual Handling Operations Regulations 1992 (as amended in 2002)
These Regulations are designed to protect and safeguard people in the workplace in situations that involve manual handling. They acknowledge that many injuries can be caused by handling heavy loads, by adopting poor posture and by exacerbating a previous or existing injury. The Regulations require employers to carry out a risk assessment for all manual handling tasks, taking into account the task, individual capabilities, the load and the working environment.
A risk assessment might conclude that the risks posed to an attendant who was called upon to physically assist a user of the toilet were high and unmanageable. The Changing Places Consortium recommends that the facility attendants should not be required to help users of CP toilets.
The provision of height-adjustable facilities such as a hoist, changing bench and washbasin will enable disabled people and their assistants to use the facilities safely and with considerably reduced risk of injury.
Legislation Relevant To Tourist/Visitor attraction
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7) Health and safety legislation
Health and Safety at Work Act 1974
Under the Health and Safety at Work Act 1974, employers have a duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees. This duty may be relevant, for example, regarding attendants employed in public CP toilets. The provider would have to be clear about the role and function of such attendants, as well as about the competence level, supervision, policies and procedures.
The Changing Places Consortium recommends that organisations do not place responsibility on staff to assist people to use CP toilet facilities.
The Act also places a duty on employers to conduct their undertaking in a way as to ensure, so far as is reasonably practicable, that people who are not in their employment who might be affected are not exposed to risk towards their health and safety. This might apply to users of CP toilets and their assistants. The risk might be managed, for example, by providing clear information about the equipment and instructions for use, by ensuring the equipment is properly maintained and by providing an emergency alarm.
Management of Health and Safety at Work Regulations 1999
Among other duties, these regulations stipulate an explicit obligation to carry out a risk assessment in relation to both employees and non-employees.
Common law of negligence
This is the law which would potentially apply should a user suffer an injury using a facility such as a CP facility. The basic test of negligence is whether there is a duty of care, whether it has been breached by carelessness, and whether harm has been caused b the breach. The test of carelessness would include consideration of whether the risks of providing specialist equipment in public toilets had been properly evaluated and then balanced against the benefits, which would be determined by a thorough assessment of the risks and how these could be managed.
Lifting Operations and Lifting Equipment Regulations 1998, and Provision and Use of Work Equipment Regulations 1998
These regulations relate to the examination and maintenance of lifting equipment, but only for equipment used at work. However, where the Health and Safety at work Act applied to non-employees, the Health and Safety Executive has stated that it would expect the standards associated with these regulations to be adhered to.
The Changing Places Consortium recommends that all specialist equipment should be fitted, regularly inspected and maintained according to the manufacturer's instructions.
Manual Handling Operations Regulations 1992 (as amended in 2002)
These Regulations are designed to protect and safeguard people in the workplace in situations that involve manual handling. They acknowledge that many injuries can be caused by handling heavy loads, by adopting poor posture and by exacerbating a previous or existing injury. The Regulations require employers to carry out a risk assessment for all manual handling tasks, taking into account the task, individual capabilities, the load and the working environment.
A risk assessment might conclude that the risks posed to an attendant who was called upon to physically assist a user of the toilet were high and unmanageable. The Changing Places Consortium recommends that the facility attendants should not be required to help users of CP toilets.
The provision of height-adjustable facilities such as a hoist, changing bench and washbasin will enable disabled people and their assistants to use the facilities safely and with considerably reduced risk of injury.
Legislation Relevant To Transport Hub/Station
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7) Health and safety legislation
Health and Safety at Work Act 1974
Under the Health and Safety at Work Act 1974, employers have a duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees. This duty may be relevant, for example, regarding attendants employed in public CP toilets. The provider would have to be clear about the role and function of such attendants, as well as about the competence level, supervision, policies and procedures.
The Changing Places Consortium recommends that organisations do not place responsibility on staff to assist people to use CP toilet facilities.
The Act also places a duty on employers to conduct their undertaking in a way as to ensure, so far as is reasonably practicable, that people who are not in their employment who might be affected are not exposed to risk towards their health and safety. This might apply to users of CP toilets and their assistants. The risk might be managed, for example, by providing clear information about the equipment and instructions for use, by ensuring the equipment is properly maintained and by providing an emergency alarm.
Management of Health and Safety at Work Regulations 1999
Among other duties, these regulations stipulate an explicit obligation to carry out a risk assessment in relation to both employees and non-employees.
Common law of negligence
This is the law which would potentially apply should a user suffer an injury using a facility such as a CP facility. The basic test of negligence is whether there is a duty of care, whether it has been breached by carelessness, and whether harm has been caused b the breach. The test of carelessness would include consideration of whether the risks of providing specialist equipment in public toilets had been properly evaluated and then balanced against the benefits, which would be determined by a thorough assessment of the risks and how these could be managed.
Lifting Operations and Lifting Equipment Regulations 1998, and Provision and Use of Work Equipment Regulations 1998
These regulations relate to the examination and maintenance of lifting equipment, but only for equipment used at work. However, where the Health and Safety at work Act applied to non-employees, the Health and Safety Executive has stated that it would expect the standards associated with these regulations to be adhered to.
The Changing Places Consortium recommends that all specialist equipment should be fitted, regularly inspected and maintained according to the manufacturer's instructions.
Manual Handling Operations Regulations 1992 (as amended in 2002)
These Regulations are designed to protect and safeguard people in the workplace in situations that involve manual handling. They acknowledge that many injuries can be caused by handling heavy loads, by adopting poor posture and by exacerbating a previous or existing injury. The Regulations require employers to carry out a risk assessment for all manual handling tasks, taking into account the task, individual capabilities, the load and the working environment.
A risk assessment might conclude that the risks posed to an attendant who was called upon to physically assist a user of the toilet were high and unmanageable. The Changing Places Consortium recommends that the facility attendants should not be required to help users of CP toilets.
The provision of height-adjustable facilities such as a hoist, changing bench and washbasin will enable disabled people and their assistants to use the facilities safely and with considerably reduced risk of injury.
Legislation Relevant To Leisure Centre/Sports Complex
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7) Health and safety legislation
Health and Safety at Work Act 1974
Under the Health and Safety at Work Act 1974, employers have a duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees. This duty may be relevant, for example, regarding attendants employed in public CP toilets. The provider would have to be clear about the role and function of such attendants, as well as about the competence level, supervision, policies and procedures.
The Changing Places Consortium recommends that organisations do not place responsibility on staff to assist people to use CP toilet facilities.
The Act also places a duty on employers to conduct their undertaking in a way as to ensure, so far as is reasonably practicable, that people who are not in their employment who might be affected are not exposed to risk towards their health and safety. This might apply to users of CP toilets and their assistants. The risk might be managed, for example, by providing clear information about the equipment and instructions for use, by ensuring the equipment is properly maintained and by providing an emergency alarm.
Management of Health and Safety at Work Regulations 1999
Among other duties, these regulations stipulate an explicit obligation to carry out a risk assessment in relation to both employees and non-employees.
Common law of negligence
This is the law which would potentially apply should a user suffer an injury using a facility such as a CP facility. The basic test of negligence is whether there is a duty of care, whether it has been breached by carelessness, and whether harm has been caused b the breach. The test of carelessness would include consideration of whether the risks of providing specialist equipment in public toilets had been properly evaluated and then balanced against the benefits, which would be determined by a thorough assessment of the risks and how these could be managed.
Lifting Operations and Lifting Equipment Regulations 1998, and Provision and Use of Work Equipment Regulations 1998
These regulations relate to the examination and maintenance of lifting equipment, but only for equipment used at work. However, where the Health and Safety at work Act applied to non-employees, the Health and Safety Executive has stated that it would expect the standards associated with these regulations to be adhered to.
The Changing Places Consortium recommends that all specialist equipment should be fitted, regularly inspected and maintained according to the manufacturer's instructions.
Manual Handling Operations Regulations 1992 (as amended in 2002)
These Regulations are designed to protect and safeguard people in the workplace in situations that involve manual handling. They acknowledge that many injuries can be caused by handling heavy loads, by adopting poor posture and by exacerbating a previous or existing injury. The Regulations require employers to carry out a risk assessment for all manual handling tasks, taking into account the task, individual capabilities, the load and the working environment.
A risk assessment might conclude that the risks posed to an attendant who was called upon to physically assist a user of the toilet were high and unmanageable. The Changing Places Consortium recommends that the facility attendants should not be required to help users of CP toilets.
The provision of height-adjustable facilities such as a hoist, changing bench and washbasin will enable disabled people and their assistants to use the facilities safely and with considerably reduced risk of injury.
Legislation Relevant To Schools / Colleges / Universities
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7) Health and safety legislation
Health and Safety at Work Act 1974
Under the Health and Safety at Work Act 1974, employers have a duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees. This duty may be relevant, for example, regarding attendants employed in public CP toilets. The provider would have to be clear about the role and function of such attendants, as well as about the competence level, supervision, policies and procedures.
The Changing Places Consortium recommends that organisations do not place responsibility on staff to assist people to use CP toilet facilities.
The Act also places a duty on employers to conduct their undertaking in a way as to ensure, so far as is reasonably practicable, that people who are not in their employment who might be affected are not exposed to risk towards their health and safety. This might apply to users of CP toilets and their assistants. The risk might be managed, for example, by providing clear information about the equipment and instructions for use, by ensuring the equipment is properly maintained and by providing an emergency alarm.
Management of Health and Safety at Work Regulations 1999
Among other duties, these regulations stipulate an explicit obligation to carry out a risk assessment in relation to both employees and non-employees.
Common law of negligence
This is the law which would potentially apply should a user suffer an injury using a facility such as a CP facility. The basic test of negligence is whether there is a duty of care, whether it has been breached by carelessness, and whether harm has been caused b the breach. The test of carelessness would include consideration of whether the risks of providing specialist equipment in public toilets had been properly evaluated and then balanced against the benefits, which would be determined by a thorough assessment of the risks and how these could be managed.
Lifting Operations and Lifting Equipment Regulations 1998, and Provision and Use of Work Equipment Regulations 1998
These regulations relate to the examination and maintenance of lifting equipment, but only for equipment used at work. However, where the Health and Safety at work Act applied to non-employees, the Health and Safety Executive has stated that it would expect the standards associated with these regulations to be adhered to.
The Changing Places Consortium recommends that all specialist equipment should be fitted, regularly inspected and maintained according to the manufacturer's instructions.
Manual Handling Operations Regulations 1992 (as amended in 2002)
These Regulations are designed to protect and safeguard people in the workplace in situations that involve manual handling. They acknowledge that many injuries can be caused by handling heavy loads, by adopting poor posture and by exacerbating a previous or existing injury. The Regulations require employers to carry out a risk assessment for all manual handling tasks, taking into account the task, individual capabilities, the load and the working environment.
A risk assessment might conclude that the risks posed to an attendant who was called upon to physically assist a user of the toilet were high and unmanageable. The Changing Places Consortium recommends that the facility attendants should not be required to help users of CP toilets.
The provision of height-adjustable facilities such as a hoist, changing bench and washbasin will enable disabled people and their assistants to use the facilities safely and with considerably reduced risk of injury.
Legislation
-
7) Health and safety legislation
Health and Safety at Work Act 1974
Under the Health and Safety at Work Act 1974, employers have a duty to ensure, as far as is reasonably practicable, the health, safety and welfare at work of all their employees. This duty may be relevant, for example, regarding attendants employed in public CP toilets. The provider would have to be clear about the role and function of such attendants, as well as about the competence level, supervision, policies and procedures.
The Changing Places Consortium recommends that organisations do not place responsibility on staff to assist people to use CP toilet facilities.
The Act also places a duty on employers to conduct their undertaking in a way as to ensure, so far as is reasonably practicable, that people who are not in their employment who might be affected are not exposed to risk towards their health and safety. This might apply to users of CP toilets and their assistants. The risk might be managed, for example, by providing clear information about the equipment and instructions for use, by ensuring the equipment is properly maintained and by providing an emergency alarm.
Management of Health and Safety at Work Regulations 1999
Among other duties, these regulations stipulate an explicit obligation to carry out a risk assessment in relation to both employees and non-employees.
Common law of negligence
This is the law which would potentially apply should a user suffer an injury using a facility such as a CP facility. The basic test of negligence is whether there is a duty of care, whether it has been breached by carelessness, and whether harm has been caused b the breach. The test of carelessness would include consideration of whether the risks of providing specialist equipment in public toilets had been properly evaluated and then balanced against the benefits, which would be determined by a thorough assessment of the risks and how these could be managed.
Lifting Operations and Lifting Equipment Regulations 1998, and Provision and Use of Work Equipment Regulations 1998
These regulations relate to the examination and maintenance of lifting equipment, but only for equipment used at work. However, where the Health and Safety at work Act applied to non-employees, the Health and Safety Executive has stated that it would expect the standards associated with these regulations to be adhered to.
The Changing Places Consortium recommends that all specialist equipment should be fitted, regularly inspected and maintained according to the manufacturer's instructions.
Manual Handling Operations Regulations 1992 (as amended in 2002)
These Regulations are designed to protect and safeguard people in the workplace in situations that involve manual handling. They acknowledge that many injuries can be caused by handling heavy loads, by adopting poor posture and by exacerbating a previous or existing injury. The Regulations require employers to carry out a risk assessment for all manual handling tasks, taking into account the task, individual capabilities, the load and the working environment.
A risk assessment might conclude that the risks posed to an attendant who was called upon to physically assist a user of the toilet were high and unmanageable. The Changing Places Consortium recommends that the facility attendants should not be required to help users of CP toilets.
The provision of height-adjustable facilities such as a hoist, changing bench and washbasin will enable disabled people and their assistants to use the facilities safely and with considerably reduced risk of injury.