The Health and Safety (Miscellaneous Amendments) Regulations 2002

Amendment of the Workplace (Health, Safety and Welfare) Regulations 1992

6.  The Workplace (Health, Safety and Welfare) Regulations 1992(1) shall be amended—

(a) in regulation 2(1), by inserting, before the definition of “new workplace”, the following definition—

• “disabled person” has the meaning given by section 1 of the Disability Discrimination Act 1995;

  (b)

  in the definition of “workplace” in regulation 2(1), by deleting the words “but shall not” to the end of the definition;

  (c)

  by inserting after regulation 4 the following regulation—

  “Stability and solidity

  4A.   Where a workplace is in a building, the building shall have a stability and solidity appropriate to the nature of the use of the workplace.”;

  (d)

  in regulation 5(3)—

  (i)

  by deleting the word “and” after sub-paragraph (a);

  (ii)

  by adding the word “and” after sub-paragraph (b); and

  (iii)

  by adding the following sub-paragraph—

  “(c) equipment and devices intended to prevent or reduce hazards”;

  (e)

  by deleting regulation 6(3);

  (f)

  in regulation 7, by inserting the following paragraph—

  “(1A) Without prejudice to the generality of paragraph (1)—

  (a) a workplace shall be adequately thermally insulated where it is necessary, having regard to the type of work carried out and the physical activity of the persons carrying out the work; and

  (b) excessive effects of sunlight on temperature shall be avoided.”;

  (g)

  in paragraph (2) of regulation 24, by adding the words “and the facilities are easily accessible, of sufficient capacity and provided with seating”;

  (h)

  in regulation 25, by substituting for paragraph (3) the following paragraph—

  “(3) Rest rooms and rest areas shall—

  (a) include suitable arrangements to protect non-smokers from discomfort caused by tobacco smoke; and

  (b) be equipped with—

  (i) an adequate number of tables and adequate seating with backs for the number of persons at work likely to use them at any one time; and

  (ii) seating which is adequate for the number of disabled persons at work and suitable for them.”;

  (i)

  by inserting after regulation 25 the following regulation—

  “Disabled persons

  25A.   Where necessary, those parts of the workplace (including in particular doors, passageways, stairs, showers, washbasins, lavatories and workstations) used or occupied directly by disabled persons at work shall be organised to take account of such persons.”.

(1)

S.I. 1992/3004.