Workplace (Health, Safety and Welfare) Regulations 1992
Since 1975 the Health and Safety at Work etc Act 1974 (H.S.W.A.) has required employers, the self-employed and certain people who have control over workplaces to ensure, so far as is reasonably practicable, the health and safety of anyone who may be affected by their work activities. So if glazing constitutes a risk, reasonably practicable measures need to be taken to deal with it.
The H.S.W.A. does not specifically mention glazing, but on 1 January 1993 the Workplace (Health, Safety and Welfare) Regulations 1992 came into force to implement the EC Workplace Directive. Regulation 14 includes requirements for glazing which make explicit those that are implicit in the H.S.W.A. The regulations apply to a wide range of workplaces including factories, offices, shops, schools, hospitals, hotels and places of entertainment. They do not apply to domestic premises used for work, or to construction sites. They have applied to new workplaces from 1 January 1993 and they will apply to all workplaces from 1 January 1996.
Depending upon the tenancy agreement, particularly of a multi-occupied building, the owner, as opposed to individual employers, may be the duty holder responsible for complying with the requirements.
The Regulation requires that every window or other transparent or translucent surface in a wall, partition, door or gate should, where necessary for reasons of health or safety, be of a safety material or filmed with a safety window film or be protected against breakage of the transparent or translucent material; and be appropriately marked or incorporate features to make it apparent.
What does the duty holder need to do?
The regulation only expects action “where necessary for reasons of health or safety”. So you need to assess every window or other transparent or translucent surface in a wall, partition, or door or gate to establish whether there is a risk of anyone being hurt if people or objects come into contact with it, or if it breaks.
If there is a risk, an action is required.
- Prevent people or objects coming into contact with the glazing, or
- upgrade it so that if it breaks, it breaks safely, and
- mark large expanses of glazing in some way so that people know it is there
Assessing the risk
- Doors and gates, and door and gate side panels;
- Where any part of the transparent or translucent surface is at shoulder level or below;
- In windows, walls and partitions, where any part of the transparent or translucent surface is at waist level or below.
We offer full risk assessments free of charge within the Midlands, Worcestershire and Warwickshire. We can also offer nationwide risk assessments for your glazing for a small fee. Please call us on 0800 107 7965 to discuss this further.
- Reorganise traffic routes (either for people or vehicles) to avoid the risk of glazing being broken;
- Put up suitable barriers or screens to prevent people or vehicles coming into contact with the glazing. The size or strength of the barrier or screen will depend on who, or what needs to be kept away from the glazing;
- Modify the glazing to reduce the risk of injury eg. by applying a safety window film which prevents it shattering in a dangerous manner, or by marking it to prevent people bumping into it;
- Limit the area of glazing;
- Replace the glazing with a safety material.
- Safety film that conforms to BS6206 Class B
- Materials which are inherently robust such as polycarbonate’s or glass blocks; or
- Glass which if it breaks, breaks safely, ie glass which breaks in a way that does not result in large sharp pieces; or
- Ordinary annealed glass which meets the following thickness criteria: