🔆 📖 ➕ 👤

Statutory Instruments

1992 No. 2793

HEALTH AND SAFETY

The Manual Handling Operations Regulations 1992

Made

5th November 1992

Laid before Parliament

16th November 1992

Coming into force

1st January 1993

The Secretary of State, in exercise of the powers conferred on her by sections 15(1), (2), (3)(a), (5)(a) and (9) and 80(1), (2)(a) and (4) of, and paragraphs 1(1)(a) and (c) and 8 of Schedule 3 to, the Health and Safety at Work etc. Act 1974(1) (“ the 1974 Act”) and of all other powers enabling her in that behalf and—

(a)

for the purpose of giving effect without modifications to proposals submitted to her by the Health and Safety Commission under section 11(2)(d) of the 1974 Act after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act; and

(b)

it appearing to her that the repeal of section 18(1)(f) of the Children and Young Persons Act 1933(2) and section 28(1)(f) of the Children and Young Persons (Scotland) Act 1937(3) except insofar as those provisions apply to such employment as is permitted under section 1(2) of the Employment of Women, Young Persons, and Children Act 1920(4) is expedient in consequence of the Regulations referred to below after the carrying out by her of consultations in accordance with section 80(4) of the 1974 Act,

hereby makes the following Regulations:

Citation and commencementI1

1. These Regulations may be cited as the Manual Handling Operations Regulations 1992 and shall come into force on 1st January 1993.

InterpretationI2

2.—(1) In these Regulations, unless the context otherwise requires—

“injury” does not include injury caused by any toxic or corrosive substance which—

(a)

has leaked or spilled from a load;

(b)

is present on the surface of a load but has not leaked or spilled from it; or

(c)

is a constituent part of a load;

and “injured” shall be construed accordingly;

“load” includes any person and any animal;

“manual handling operations” means any transporting or supporting of a load (including the lifting, putting down, pushing, pulling, carrying or moving thereof) by hand or by bodily force.

(2) Any duty imposed by these Regulations on an employer in respect of his employees shall also be imposed on a [F1relevant self-employed personF1] in respect of himself.

[F2(3)For the purposes of paragraph (2) “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974.F2]

Disapplication of RegulationsI3

3. These Regulations shall not apply to or in relation to the master or crew of a sea-going ship or to the employer of such persons in respect of the normal ship-board activities of a ship’s crew under the direction of the master.

Duties of employersI4

4.—(1) Each employer shall—

(a)so far as is reasonably practicable, avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured; or

(b)where it is not reasonably practicable to avoid the need for his employees to undertake any manual handling operations at work which involve a risk of their being injured—

(i)make a suitable and sufficient assessment of all such manual handling operations to be undertaken by them, having regard to the factors which are specified in column 1 of Schedule 1 to these Regulations and considering the questions which are specified in the corresponding entry in column 2 of that Schedule,

(ii)take appropriate steps to reduce the risk of injury to those employees arising out of their undertaking any such manual handling operations to the lowest level reasonably practicable, and

(iii)take appropriate steps to provide any of those employees who are undertaking any such manual handling operations with general indications and, where it is reasonably practicable to do so, precise information on—

(aa)the weight of each load, and

(bb)the heaviest side of any load whose centre of gravity is not positioned centrally.

(2) Any assessment such as is referred to in paragraph (1)(b)(i) of this regulation shall be reviewed by the employer who made it if—

(a)there is reason to suspect that it is no longer valid; or

(b)there has been a significant change in the manual handling operations to which it relates;

and where as a result of any such review changes to an assessment are required, the relevant employer shall make them.

[F3(3)In determining for the purposes of this regulation whether manual handling operations at work involve a risk of injury and in determining the appropriate steps to reduce that risk regard shall be had in particular to—

(a)the physical suitability of the employee to carry out the operations;

(b)the clothing, footwear or other personal effects he is wearing;

(c)his knowledge and training;

(d)the results of any relevant risk assessment carried out pursuant to regulation 3 of the Management of Health and Safety at Work Regulations 1999;

(e)whether the employee is within a group of employees identified by that assessment as being especially at risk; and

(f)the results of any health surveillance provided pursuant to regulation 6 of the Management of Health and Safety Regulations 1999.F3]

Duty of employeesI5

5. Each employee while at work shall make full and proper use of any system of work provided for his use by his employer in compliance with regulation 4(1)(b)(ii) of these Regulations.

Exemption certificatesI6

6.—(1) The Secretary of State for Defence may, in the interests of national security, by a certificate in writing exempt—

(a)any of the home forces, any visiting force or any headquarters from any requirement imposed by regulation 4 of these Regulations; or

(b)any member of the home forces, any member of a visiting force or any member of a headquarters from the requirement imposed by regulation 5 of these Regulations;

and any exemption such as is specified in sub-paragraph (a) or (b) of this paragraph may be granted subject to conditions and to a limit of time and may be revoked by the said Secretary of State by a further certificate in writing at any time.

(2) In this regulation—

(a)“the home forces” has the same meaning as in section 12(1) of the Visiting Forces Act 1952(5);

(b)“headquarters” has the same meaning as in article 3(2) of the Visiting Forces and International Headquarters (Application of Law) Order 1965(6);

(c)“member of a headquarters” has the same meaning as in paragraph 1(1) of the Schedule to the International Headquarters and Defence Organisations Act 1964(7); and

(d)“visiting force” has the same meaning as it does for the purposes of any provision of Part I of the Visiting Forces Act 1952.

Extension outside Great BritainI7

7. These Regulations shall, subject to regulation 3 hereof, apply to and in relation to the premises and activities outside Great Britain to which sections 1 to 59 and 80 to 82 of the Health and Safety at Work etc. Act 1974 apply by virtue of the Health and Safety at Work etc. Act 1974 (Application Outside Great Britain) Order 1989(8) as they apply within Great Britain.

Repeals and revocationsI8

8.—(1) The enactments mentioned in column 1 of Part I of Schedule 2 to these Regulations are repealed to the extent specified in the corresponding entry in column 3 of that part.

(2) The Regulations mentioned in column 1 of Part II of Schedule 2 to these Regulations are revoked to the extent specified in the corresponding entry in column 3 of that part.

Signed by order of the Secretary of State.

Patrick McLoughlin

Parliamentary Under Secretary of State,

Department of Employment

5th November 1992

Regulation 4(1)(b)(i)

SCHEDULE 1FACTORS TO WHICH THE EMPLOYER MUST HAVE REGARD AND QUESTIONS HE MUST CONSIDER WHEN MAKING AN ASSESSMENT OF MANUAL HANDLING OPERATIONSI9

Column 1Column 2
FactorsQuestions

1. The tasks

Do they involve:

  • holding or manipulating loads at distance from trunk?

  • unsatisfactory bodily movement or posture, especially:

    • twisting the trunk?

    • stooping?

    • reaching upwards?

  • excessive movement of loads, especially:

    • excessive lifting or lowering distances?

    • excessive carrying distances?

  • excessive pushing or pulling of loads?

  • risk of sudden movement of loads?

  • frequent or prolonged physical effort?

  • insufficient rest or recovery periods?

  • a rate of work imposed by a process?

2. The loads

Are they:

  • heavy?

  • bulky or unwieldy?

  • difficult to grasp?

  • unstable, or with contents likely to shift?

  • sharp, hot or otherwise potentially damaging?

3. The working environment

Are there:

  • space constraints preventing good posture?

  • uneven, slippery or unstable floors?

  • variations in level of floors or work surfaces?

  • extremes of temperature or humidity?

  • conditions causing ventilation problems or gusts of wind?

  • poor lighting conditions?

4. Individual capability

Does the job:

  • require unusual strength, height, etc?

  • create a hazard to those who might reasonably be considered to be pregnant or to have a health problem?

  • require special information or training for its safe performance?

5. Other factors

Is movement or posture hindered by personal protective equipment or by clothing?

Regulation 8

SCHEDULE 2REPEALS AND REVOCATIONS

PART IREPEALSI10

Column 1Column 2Column 3
Short title of enactmentReferenceExtent of repeal
The Children and Young Persons Act 1933.1933 c. 12.Section 18(1)(f) except insofar as that paragraph applies to such employment as is permitted under section 1(2) of the Employment of Women, Young Persons,and Children Act 1920 (1920 c. 65).
The Children and Young Persons (Scotland) Act 1937.1937 c. 37.Section 28(1)(f) except insofar as that paragraph applies to such employment as is permitted under section 1(2) of the Employment of Women, Young Persons,and Children Act 1920.
The Mines and Quarries Act 1954.1954 c. 70.Section 93; in section 115 the word “ninety-three”.
The Agriculture (Safety, Health and Welfare Provisions) Act 1956.1956 c. 49.Section 2.
The Factories Act 1961.1961 c. 34.Section 72.
The Offices, Shops and Railway Premises Act 1963.1963 c. 41.

Section 23 except insofar as the prohibition contained in that section applies to any person specified in section 90(4) of the same Act.

In section 83(1) the number “23”.

PART IIREVOCATIONSI11

Column 1Column 2Column 3
Title of instrumentReferenceExtent of revocation
The Agriculture (Lifting of Heavy Weights) Regulations 1959.S.I. 1959/2120.The whole Regulations.
The Construction (General Provisions) Regulations 1961.S.I. 1961/1580.In regulation 3(1)(a) the phrase “and 55”; regulation 55.
(1)

1974 c. 37; sections 15(1), 50(3) and 80(4) were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 6, 16(3) and 19 respectively.

(6)

S.I. 1965/1536, to which there are amendments not relevant to these Regulations.

(8)

S.I. 1989/840.

Status: There are currently no known outstanding effects for the The Manual Handling Operations Regulations 1992.
The Manual Handling Operations Regulations 1992 (1992/2793)

Displaying information

Status of this instrument

footnotecommentarytransitional and savingsin force statusrelated provisionsgeo extentinsert/omitsource countin force adj
F1Words in reg. 2(2) substituted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 3(a)substituted
F2Reg. 2(3) inserted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 3(b)inserted
F3Reg. 4(3) inserted (17.9.2002) by The Health and Safety (Miscellaneous Amendments) Regulations 2002 (S.I. 2002/2174), regs. 1, 4inserted
I1Reg. 1 in force at 1.1.1993, see reg. 1
I2Reg. 2 in force at 1.1.1993, see reg. 1
I3Reg. 3 in force at 1.1.1993, see reg. 1
I4Reg. 4 in force at 1.1.1993, see reg. 1
I5Reg. 5 in force at 1.1.1993, see reg. 1
I6Reg. 6 in force at 1.1.1993, see reg. 1
I7Reg. 7 in force at 1.1.1993, see reg. 1
I8Reg. 8 in force at 1.1.1993, see reg. 1
I9Sch. 1 in force at 1.1.1993, see reg. 1
I10Sch. 2 Pt. I in force at 1.1.1993, see reg. 1
I11Sch. 2 Pt. II in force at 1.1.1993, see reg. 1
Defined TermSection/ArticleIDScope of Application
headquartersreg. 6.headquarte_rt14Nis
injuredreg. 2.injured_rt9iARb
injuryreg. 2.injury_rtRvGyp
loadreg. 2.load_rtwOLZh
manual handling operationsreg. 2.manual_han_rtASrPm
member of a headquartersreg. 6.member_of__rtHgt6o
relevant self-employed personreg. 2.relevant_s_rtFMSOM
the 1974 ActUnknown(“__prn01cve
the home forcesreg. 6.the_home_f_rtfMW16
visiting forcereg. 6.visiting_f_rt0EZR2
This instrument is derived from the version at www.legislation.gov.uk. To see a list of all amendments (including any to be made) check the resources page for this instrument on their website. Note, the status of this instrument is given above.
This instrument is derived from the version at www.legislation.gov.uk. To see original commencement information, check the resources page associated with this instrument. n.b. commencement information for marked amendments is embedded in the relevant footnote.

Status of changes to instrument text

The list includes made instruments, both those in force and those yet to come into force. Typically, instruments that are not yet in force (hence their changes are not incorporated into the text above) are indicated by description 'not yet' in the changes made column.