The Manual Handling Operations Regulations 1992

Duty-holders

Employers and the self-employed have duties regarding assessments. Employers' duties are imposed on the self-employed in respect of themselves.

People/process assessed

Where the MHSW Regulations' assessment identifies a manual handling operation - transporting or supporting a load, including lifting, putting down, pushing, carrying or moving by hand or bodily force - that may cause injury to employees or the self-employed, the MHO Regulations require that the operation is avoided, by redesigning the task to avoid moving the load or by mechanising or automating the process. Where this is not reasonably practicable, a further assessment is needed. The guidance to the Regulations gives numerical guidelines to help identify operations that warrant more detailed examination.

Purpose of assessment

To assess risk of injury - taking account of the task, the load, the work environment, individual capability, and other factors such as personal protective equipment - and to reduce that risk, particularly by providing mechanical assistance, so far as is reasonably practicable.

Qualification of duty

MHO assessments must be "suitable and sufficient". It is acceptable to consider the common aspects of a range of operations, and to draw these together. Employers should use their experience of the types of work their employees do, and consult with them. This will help in assessing work of a varied nature, such as construction or maintenance, or peripatetic work, such as making deliveries; and dealing with emergencies, such as fire-fighting and rescue.

Timing of assessments

Whenever it is not reasonably practicable to avoid manual handling operations that involve the risk of injury, and when the assessment is no longer valid or there is a significant change. Changes should be made to the assessment where required.

Records to be kept

Although not specifically required by the MHO Regulations, significant findings should be recorded and kept as long as they are relevant unless they can easily be repeated at any time or the time taken to record them is disproportionate to the risk.

Information provision for employees

Where manual handling operations cannot be avoided, employers must provide general indications, and where reasonably practicable precise information, on the weight of a load and, where the centre of gravity is not central, its heaviest side.

Information provision for other employers/self-employed/others

Originators of loads, such as manufacturers and packers, that are likely to cause injury if manually handled have associated duties under ss.3 and 6 of the HSW Act.

Training/instruction for employees

The provision of information and training is required by s.2 of the HSW Act and regs. 8 and 11 of the MHSW Regulations. Although not specifically required by the MHO Regulations, information and training on manual handling injury risks and prevention should be provided as part of the steps to reduce risk. Employees should be trained to recognise loads whose weight, in conjunction with their shape and other features, and the circumstances in which they are handled, may cause injury.

Assistance from other persons

Although not specifically required by the MHO Regulations, outside help may be needed to give basic training to in-house assessors or where handling problems are unusual or difficult to assess. Industry associations and similar bodies play a valuable role in identifying common manual handling problems. Employers should still oversee the assessment as they have final responsibility for it.

Consultation with safety representatives

Although not specifically required by the MHO Regulations, employees and their safety representatives and safety committees should be involved in developing and implementing manual handling training and monitoring its effectiveness.

Employees' duties

Employees have duties under the HSW Act and the MHSW Regulations to take reasonable care of their own health and safety and that of others who may be affected by their activities; to cooperate with their employers in fulfilling their health and safety duties; and to make use of appropriate equipment provided for them in accordance with appropriate instruction and training given them by their employer, eg machinery and other equipment provided for the safe handling of loads. The MHO Regulations require employees to follow appropriate systems of work laid down by their employer to promote safety during the handling of loads.

Civil liability

The MHO Regulations can confer a right of action in civil proceedings.

1993/94

1994/95

1995/96

1996/97

1997/98⁴

Improvement notice requirements

58

72

95

81

52

Deferred prohibition notice requirements

-

-

-

-

-

Immediate prohibition notice requirements

4

4

4

1

4

Percentage of all requirements in notices served under specific Regulations⁵

0.8%

0.8%

1.3%

1.1%

0.6%

Informations laid

3

4

7

1

3

Convictions

1

4

4

1

3

Informations withdrawn

1

-

3

-

-

Informations dismissed

1

-

-

-

-

Percentage of all HSE convictions⁶

0.1%

0.3%

0.3%

0.1%

0.2%

Average penalty per MHO conviction

£4,500

£2,000

£850

£2,500

£1,000

Average penalty per all health and safety convictions

£3,103

£2,873

£2,572

£5,274

£4,785

Average penalty per all convictions, excluding fines of £100,000 or greater

£2,447

£2,677

£2,572

£3,113

£3,886