Introduction to Health and Safety at Work

Duties of employers – reviewing 
assessment – Regulation 4 (2)
The assessment should be reviewed if there is reason to 
suspect that it is no longer valid or there have been sig-
nifi cant changes in the particular MHO.
17.23.7
Individual Capability Regulation 
4 (3) (a)–(f)
A new requirement was added in 2002 by Amendment 
Regulations concerning the individual capabilities of 
people undertaking manual handling. Regard must be 
had in particular to:
(a) the physical suitability of the employee to carry out 
the operation
(b) the clothing, footwear or other personal effects they 
are wearing
(c) their knowledge and training
(d) results of any relevant risk assessments carried out 
under Regulation 3 of the Management Regulations 
1999
(e) whether the employee is within a group of employ-
ees identifi ed by that assessment as being espe-
cially at risk, and
(f) the results of any health surveillance provided pur-
suant to Regulation 6 of the Management Regula-
tions 1999.
17.23.8 Duty of employees – Regulation 5
Each employee, while at work, has to make proper 
use of any system of work provided for their use. This 

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Summary of the main legal requirements
369
is in addition to other responsibilities under the HSW 
Act and the Management of Health and Safety at Work 
Regulations.
The provisions do not include well-intentioned 
improvization in an emergency, for example, rescuing a 
casualty or fi ghting a fi re.
17.23.9 References
Manual Handling, Manual Handling Operations Regula-
tions 1992 (as amended), Guidance on Regulations third 
edition, L23, 2004 HSE Books
ISBN 0-7176-2823–x
Manual Handling, Solutions you can handle, HSG 115, 
1994 HSE Books
ISBN 0-7176-0693-7
Getting to Grips with manual handling. A short guide for 
employers revised. INDG 143
ISBN 0-7176-1754-8