Health and Safety at Work (Jersey) Law, 1989. Consultation on Safety in the Use of Machinery Approved Code of Practice
Senator Francis Le Gresley, Minister for Social Security, intends to give approval to a new Code of Practice on Safety in the Use of Machinery, under Article 10 of the Health and Safety at Work (Jersey) Law, 1989. The Approved Code of Practice (ACoP) will apply to all machinery used in the workplace, with the exception of woodworking machinery which was the subject of ACoP 9, The Safe Use of Woodworking Machinery.
The use of machinery at work can give rise to a number of risks to health and safety which should be considered at all stages in the life of a machine, from its manufacture, commissioning, installation and use in the workplace, through to its eventual disposal and dismantling.
General legal duties, which cover the safety of machinery, are set out in Part 2 of the Health and Safety at Work (Jersey) Law, 1989, but it is recognised that the existing prescriptive Regulations for the safety of machinery, the Safeguarding of Workers (Machinery and Woodworking Machines)(Jersey) Regulations, 1967, are outdated and do not reflect current standards. It is intended that the introduction of the new ACoP, together with ACoP 9, will enable the revocation of these Regulations.
An ACoP has a special legal status and is admissible in legal proceedings under the Health and Safety at Work (Jersey) Law, 1989, and health and safety Regulations. The Court may regard an ACoP as evidence of what is known about a hazard, risk or
control and rely on the ACoP in determining whether the requirements of the Law and Regulations have been met in the circumstances to which the ACoP relates.
Compliance with the Law may be achieved by following an alternative method, such as a technical or industry standard, if it provides an equivalent or higher standard of health and safety than the ACoP.
The Minister has a duty to consult with such persons as he considers will be affected, or representatives of such persons, before he formally approves and issues Codes of Practice made under Article 10.
Comments are therefore being sought on the draft ACoP. We are seeking views on the complete publication, i.e. the manner in which the publication is structured and the advice that is provided. We would welcome comments on these proposals which should be received by the Health and Safety at Work Inspectorate, either in writing or by e-mail to email@example.com no later than Friday 29th November, 2013.
The draft ACoP can be downloaded from the website www.gov.je/consultations or obtained, free of charge, from the Health and Safety at Work Inspectorate, Social Security Department, telephone 447300
Speaking about the proposed ACoP, Tammy Fage, Senior Health and Safety Inspector of the Health and Safety at Work Inspectorate commented:
“This proposed ACoP will enable those involved with machinery in the workplace to fully understand their role in ensuring that machinery is kept safe. The introduction of the ACoP will also enable the revocation of an outdated set of Regulations which are over 45 years old.”
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