27Control of risk

27 Control of risk

(1) An employer must, so far as is reasonably practicable, eliminate any risk of a musculoskeletal disorder associated with hazardous manual handling.

Musculoskeletal disorder is defined in regulation 5.

(2) If it is not reasonably practicable to eliminate a risk of a musculoskeletal disorder associated with hazardous manual handling, the employer must reduce the risk so far as is reasonably practicable by—

(a) altering—

(i) the workplace layout; or

(ii) the workplace environment, including heat, cold and vibration; or

(iii) the systems of work which involve hazardous manual handling; or

(b) changing the things used in the hazardous manual handling; or

(c) using mechanical aids; or

Sections 27 to 30 of the Act require designers of plant, buildings or structures (or parts of buildings or structures) and manufacturers and suppliers of plant or substances to ensure, so far as is reasonably practicable, that the plant, substance, building or structure (or part) is designed, manufactured or supplied (as the case may be) to be safe and without risks to health, including the risk of musculoskeletal disorder.

(3) If the employer has complied with subregulations (1) and (2) so far as is reasonably practicable and a risk of a musculoskeletal disorder associated with hazardous manual handling remains, the employer must reduce the risk so far as is reasonably practicable by using information, instruction or training.

(4) The employer may only rely solely or primarily on the use of information, instruction or training to control a risk of a musculoskeletal disorder associated with hazardous manual handling if none of the measures set out in subregulation (2) is reasonably practicable.

(5) Without affecting the generality of subregulations (1), (2), (3) and (4), the employer, when determining any measure to control a risk of a musculoskeletal disorder associated with hazardous manual handling, must take into account the following—

(a) postures;

(b) movements;

(c) forces;

(d) duration and frequency of the hazardous manual handling;

(e) environmental conditions including heat, cold and vibration that act directly on a person undertaking hazardous manual handling.

2 Part 4 of the Act sets out the duty of the employer to consult with employees, including in respect of making decisions about the measures to be taken to control risks to health or safety. This consultation must involve the health and safety representative (if any). See also regulation 21.