Laser safety management
course notes
Health and Safety (Great Britain)
Sensible consideration of health and safety in the workplace of paramount importance for the following reasons:
a) Moral duty of care
b) Legal duty of care
c) Potential financial loss
Changes in working practices due to health and safety considerations may also result in more efficient or effective ways or working. Ideally, health and safety should be an asset to an organisation.
Health and safety, a 'damaged brand'
In recent years the term 'health and safety' has arguably become a negative phrase in the eyes of many. The following factors have been identified as possible causes of this;
1) Poor understanding and over-the-top approaches by councils and other bodies
2) Inaccurate reporting in the press
3) 'Rogue' health and safety advisers
Unfortunately all these things undermine health and safety and make the promotion of a good health and safety culture in the workplace more difficult.
Summary of the main legal requirements
All businesses and public sector services must comply with the health and safety statues such as the Health and Safety at Work Act 1974. There are a fair amount of regulations governing the workplace but the main specific requirements for lasers and intense light are:
Suitable and sufficient risk assessment / management
and
Provision of adequate training and information
The requirement for the above is specifically reinforced in The Control of Artificial Optical Radiation at Work Regulations 2010
Policy and Procedures
Under the Health and Safety at Work Act 1974, suitable health and safety policy and instruction should be in place.
In optical radiation safety (lasers/IPL) the following policies and procedures are usually put into place,
- Health and Safety Policy (covers everything)
- Laser/IPL safety policy (usually suitable for larger organisations)
- General laser/IPL safety procedures for each facility (often termed 'local rules' or 'safe working practices')
- Specific instructions (how to carry out the work, e.g. 'Standard Operating Procedures (SOP)' or 'treatment protocol'
See also: Written procedures for laser safety
For businesses employing 5 or more people, all the above must be documented in writing. They can be useful for a number of reasons, such as,
- Help provide suitable training and information for staff (a legal requirement)
- Consistency of service
- Quality assurance
Risk Assessment
Under the Management Health and Safety at Work Regulations 1999, a suitable and sufficient risk assessment should be undertaken. This is reinforced in The Control of Artificial Optical Radiation at Work Regulations 2010 which also states that the following must be included where applicable:
- measurements or calculations of the levels of optical radiation, if necessary
- consideration of the level, wavelength and duration of foreseeable exposure
- the exposure limit values
- effects of exposure on 'at risk' groups
- consideration of photosensitising chemical substances
- risk of temporary blinding, explosion or fire
- assessment of the availability of alternative equipment to reduce exposure
- appropriate health surveillance information
- manufacturers information
The risk assessment is only part of the risk management process. Any actions should be addressed with appropriate controls. The assessment should also be reviewed,
- Periodically (e.g. every 12 months)
- If there are any significant changes in the facility, equipment or activity.
- If there has been an incident/accident or failure of the safety controls.
Laser Safety Training
The Control of Artificial Optical Radiation at Work Regulations 2010 emphasises the requirement for optical radiation safety training and instruction and states that the following should be included where applicable:
- the measures taken to minimise risk
- exposure limit values
- an explanation of the findings of the risk assessment
- detecting and reporting adverse health effects
- health surveillance
- safe working practices
- proper use of personal protective equipment.
From the list above it is clear that much of the training and instruction is specific to the site and activity. Sending staff on a generic external course will not usually fulfill these requirements.
Other regulations (e.g. The Provision and Use of Work Equipment Regulations, 'PUWER')
reinforce the requirement for adequate training in the safe use of the equipment.
Health and safety legislation (GB)
The main health and safety legislation applicable to optical radiation is:
- The Health and Safety at Work Act 1974
- Employers must ensure the health, safety and welfare of employees as far as is reasonably practicable.
- Health and safety policy/procedures, instruction and training.
- Non-employees must not be exposed to risks (e.g. students, members of public)
- Laser/IPL equipment is safe to use.
- It is the duty of every employee while at work to take reasonable care of him or herself and of any other person who may be affected by his or her actions.
In Northern Ireland, similar provisions are made by the Health and Safety at Work (Northern Ireland) Order 1978.
- The Management of Health and Safety at Work Regulations 1999
- Make arrangements for implementing the health and safety control measures identified as necessary by risk assessments
- monitor and review those arrangements
- appoint people with sufficient knowledge, skills, experience and training to help them to implement these arrangements
- set up emergency procedures (e.g. hospital in case of eye strike)
- provide clear information, supervision and training for employees
- The Control of Artificial Optical Radiation at Work Regulations 2010
These reinforce the Management Regulations above but add more detail specific to optical radiation. Specifically, there are now specific risk assessment and training requirements.
- Make arrangements for implementing the health and safety control measures identified as necessary by risk assessments. This includes:
- measurements or calculations of the levels of optical radiation, if necessary
- consideration of the level, wavelength and duration of foreseeable exposure
- the exposure limit values
- effects of exposure on 'at risk' groups
- consideration of photosensitising chemical substances
- risk of temporary blinding, explosion or fire
- assessment of the availability of alternative equipment to reduce exposure
- appropriate health surveillance information
- manufacturer's information
- Provide clear information, supervision and training for employees, including:
- the measures taken to minimise risk
- exposure limit values
- an explanation of the findings of the risk assessment
- detecting and reporting adverse health effects
- health surveillance
- safe working practices
- proper use of personal protective equipment.
The other main regulations that will have a direct impact on business using lasers are also:
- Workplace (Health, Safety and Welfare) Regulations 1992
- Lighting
- Ventilation
- Temperature
- Cleanliness and waste materials
- Room dimensions and space
- Maintenance
- Floors and traffic routes
- Falling objects
- Personal Protective Equipment at Work Regulations 1992
- Maintained in good order
- Storage
- Provision of instruction and training (risk, correct use, maintenance)
- Where appropriate, organise demonstrations
- Report loss or defect
- Personal Protective Equipment Regulations 2002
- CE marking for laser eyewear
- The Provision and Use of Work Equipment Regulations 1998
- Take into account the working conditions and hazards in the workplace
- Ensure equipment is used only for operations for which it is suitable.
- Ensure that equipment is maintained in an efficient state, in efficient working order and in good repair.
- Give adequate information, instruction and training to operators, supervisors and managers.
-COSHH Regulations 2002
- Hazardous substances (e.g. dye lasers, excimer lasers)
-Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR)
- Certain accidents must be reported to the regulator including;
- death of any person
- a 'major injury' to any person at work,
- hospital treatment of any person who is not at work,
- an accident resulting absence from work for more than 7 days.
-The Manual Handling Operations Regulations 1992
- Most laser equipment is bulky and can introduce manual handling risks.
-The Regulatory Reform (Fire Safety) Order 2005
- Carry out a fire-risk assessment identifying any possible dangers and risks.
- Reduce the risk from fire as far as is reasonably possible and
- Provide general fire precautions to deal with any possible risk left.
- Take other measures to make sure there is protection if flammable or explosive materials are used or stored.
- Create a plan to deal with any emergency and, in most cases, keep a record of your findings and review your findings when necessary.
-Electricity at Work Regulations 1989
- Safety checks should be carried out and documented to ensure the equipment does not present an electrocution risk.
- Health and Safety (Display Screen Equipment) Regulations 1992 (amended in 2002)
- Applies to the displays on almost all modern equipment.
- The Health and Safety (Safety Signs and Signals) Regulations 1996
- Employees must be made aware of exactly what the signs mean and what is expected of them.
In Northern Ireland, the legislation is very similar but is often denoted by "(Northern Ireland)" and is commonly issued one year after the GB legislation. See relevant examples below.
A Health and Safety at Work (Northern Ireland) Order 1978
B The Management of Health and Safety at Work Regulations (Northern Ireland) 2000
C The Control of Artificial Optical Radiation at Work Regulations (Northern Ireland) 2010
D The Personal Protective Equipment at Work Regulations (Northern Ireland) 1993
E The Personal Protective Equipment Regulations 2002
F The Health and Safety (Safety Signs and Signals) Regulations (Northern Ireland) 1996
G The Provision and Use of Work Equipment Regulations (Northern Ireland) 1999
H The Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993
All of the above acts and regulations are freely available to download from government websites. The Health and Safety Executive (HSE) have also produced many guides and information leaflets to present the information in a more readable format. Their website is also a very good general resource.
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Revision Questions 1. Three reasons for health and safety are? 2. List five applicable 'statutory instruments' (laws or regulations)? 3. List three applicable legal requirements |
Government regulators (English example)
There are basically two Health and safety regulators;
(a) Health and Safety Executive, HSE (Factories, universities and higher risk establishments),
(b) Local council (smaller, lower risk businesses).
The HSE will have laser safety specialist knowledge and experience. This capability is usually well beyond the resource of the local council and recent government reports recommended that H&S regulation be taken away from them in favor of direction from the HSE. However, this is unlikely to happen in the near future.
Approved Code of Practice (ACOP)
The HSE have also published 'ACOPs' and guidance for a number of safety statutes. Following these should ensure an appropriate level of legal compliance. With regards to lasers, the HSE have published,
Guidance for Employers on the Control of Artificial Optical Radiation at Work Regulations (AOR) 2010
This can be freely obtained from the HSE or downloaded here: www.lasersafe.co.uk/HSEGUIDE.pdf
Enforcement notices
If a health and safety regulator inspectors a premises and it is deemed that statutory health and safety requirements are not being met, an enforcement notice may be issued.
- Improvement notice: The business is given a timescale in which to ensure compliance and may continue trading.
- Prohibition notice: The business must cease the activity until improvements are made.
Penalties
Court proceedings may result in the following penalties,
Criminal law
- Magistrates ct: organisations can be fined up to 20,000GBP per offence and individuals can be fined up to 5,000 and/or 6 months imprisonment.
- Crown ct: unlimited fines, up to 2 years prison
Civil Law
- Compensation
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Revision Questions 1. When should risk assessments be reviewed? 2. What enforcement action can a regulator take? 3. Which legal system is used to make compensation claims (civil or criminal)? |
