Amendments to the Management of Health and Safety at Work Regulations 2003

Why are we amending the legislation now

The amended Management of Health and Safety at Work Regulations will afford greater protection to employees on the Isle of Man, across a wide range of sectors. A comprehensive review of this legislation has identified that a number of changes are necessary, these are outlined below. These regulations have not been reviewed or amended in over 20 years, as a responsible regulator and as part of a wider legislative review, we have reviewed these regulations and identified a need to modernise and update these to incorporate the latest standards of safety.

Protection for agency workers

An ever increasing number workers are provided through employment agencies. The proposed amendments to the Management of Health and Safety at Work Regulations 2003 will extend requirements to the health and safety of new and expectant mothers and other workers. The current regulations do not extend to these persons, although the UK version has included these agency workers for many years. Employers are required to conduct specific risk assessments for pregnant workers and new mothers, and take necessary actions to mitigate any identified risks. We feel that it is fair and just to extend these regulations to provide equal levels of protection for all workers.

General Principles of Prevention

The new regulations will introduce the ‘General Principles of Prevention’. These principles are fundamental guidelines designed to minimise workplace risks and ensure the health and safety of employees. These principles include:

• Avoiding risks: Eliminate hazards wherever possible
   
• Evaluating unavoidable risks: Assess and prioritize risks that cannot be eliminated
   
• Combating risks at their source: Implement control measures directly at the point of risk
   
• Adapting work to the individual: Consider ergonomic and psychological factors to tailor tasks to workers
   
• Adapting to technical progress: Update safety measures in line with technological advancements
   
• Replacing dangerous with non-dangerous or less dangerous: Substitute hazardous materials or processes with safer alternatives
   
• Developing a coherent prevention policy: Integrate safety measures into all aspects of work
   
• Giving collective protective measures priority over individual protective measures: Focus on group safety measures before individual ones
   
• Providing appropriate training and instruction: Ensure workers are well-informed and trained on safety practices

Fire Safety

The current Management Regulations exempt construction site operators from conducting fire safety risk assessments on their sites. The newly applied regulations will remove this exemption; the exemption was in place originally because fire safety was catered for in the Construction (Health and Safety) Regulations 1985. These outdated regulations were revoked in 2012 without amending the 2003 Management Regulations.

What will the amended legislation mean for you

The vast majority of employers will not need to change their working practices, however where new or expectant mothers are employed through an employment agency, the hirer will be required to conduct a risk assessment for these workers, just as though they were direct employees, the same protection will be afforded to these workers as if they were directly employed.

Operators of construction sites will be required by law to undertake a fire safety risk assessment on sites under their control.

Benefits

The amendments to the Management of Health and Safety at Work Regulations provide enhanced protection for agency workers, including expectant mothers, ensuring they receive the same safeguards as directly employed staff. By introducing the ‘General Principles of Prevention’, the amendments promote proactive risk management, helping to reduce workplace accidents and health issues. These updates ensure legal compliance, align with best practices and adapt to modern workforce trends, particularly the rise in agency employment. Introducing the requirement for fire safety risk assessments on construction sites will reduce the likelihood of the break out of fire on these sites, enhancing worker safety. Overall, the amendments contribute to a safer, fairer, and more compliant workplace, enhancing employee health, safety and well-being.

Conclusion

We encourage all stakeholders to participate in this consultation process. Your feedback will play a crucial role in shaping the future of workplace health and safety.