HSE LAW

HELPING YOU COMPLY WITH FORKLIFT HSE LAW

At Forklift Training Expert Ltd, we can help you make sure you comply with the health and safety law at all times. We can provide you and your business with relevant courses and appropriate training in West London. All training complies with the recommendations given by the Health and Safety Commission Approved Code of Practice and a supplementary guidance for rider operated training L117.

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HEALTH AND SAFETY LAW (HEALTH AND SAFETY AT WORK ETC. ACT 1974)

Section (2(2)) Duties of the employer:

General duties of employers to their employees:

2. (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

(2) Without prejudice to the generality of an employer's duty under the preceding subsection, the matters to which that duty extends include in particular:

the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health
arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances
the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees
so far as is reasonably practicable as regards any place of work under the employer's control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks
the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work

UP TO DATE INFORMATION

Section (7a)(7b)(8) Duties of the employee

General duties of employees at work:

7. It shall be the duty of every employee while at work:

(a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and
(b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with

Duty not to interfere with or misuse things provided pursuant to certain provisions:

8. No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.

Section (20 -22) Powers of a health and safety inspector

Powers of inspectors:

20. (1) Subject to the provisions of Section 19 and this section, an inspector may, for the purpose of carrying into effect any of the relevant statutory provisions within the field of responsibility of the enforcing authority which appointed him, exercise the powers set out in Subsection (2) below.

(2) The powers of an inspector referred to in the preceding subsection are the following, namely:

at any reasonable time (or, in a situation which in his opinion is or may be dangerous, at any time) to enter any premises which he has reason to believe it is necessary for him to enter for the purpose mentioned in Subsection (1) above);
to take with him a constable if he has reasonable cause to apprehend any serious obstruction in the execution of his duty;
without prejudice to the preceding paragraph, on entering any premises by virtue of Paragraph (A) above to take with him
any other person duly authorised by his (the inspector's) enforcing authority; and
any equipment or materials required for any purpose for which the power of entry is being exercised;
to make such examination and investigation as may in any circumstances be necessary for the purpose mentioned in Subsection (1) above;
as regards any premises which he has power to enter, to direct that those premises or any part of them, or anything therein, shall be left undisturbed (whether generally or in particular respects) for so long as is reasonably necessary for the purpose of any examination or investigation under Paragraph (D) above;
to take such measurements and photographs and make such recordings as he considers necessary for the purpose of any examination or investigation under Paragraph (D) above;
to take samples of any articles or substances found in any premises which he has power to enter, and of the atmosphere in or in the vicinity of any such premises;
in the case of any article or substance found in any premises which he has power to enter, being an article or substance which appears to him to have caused or to be likely to cause danger to health or safety, to cause it to be dismantled or subjected to any process or test (but not so as to damage or destroy it unless this is in the circumstances necessary for the purpose mentioned in Subsection (1) above);
in the case of any such article or substance as is mentioned in the preceding paragraph, to take possession of it and detain it for so long as is necessary for all or any of the following purposes, namely
to examine it and do to it anything which he has power to do under that paragraph;
to ensure that it is not tampered with before his examination of it is completed;
to ensure that it is available for use as evidence in any proceedings for an offence under any of the relevant statutory provisions or any proceedings relating to a notice under Section 21 or 22;
to require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation under Paragraph (D) above to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
to require the production of, inspect, and take copies of or of any entry in
any books or documents which by virtue of any of the relevant statutory provisions are required to be kept; and
any other books or documents which it is necessary for him to see for the purposes of any examination or investigation under Paragraph (D) above;
to require any person to afford him such facilities and assistance with respect to any matter or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him by this section;
(M) any other power which is necessary for the purpose mentioned in Subsection (1) above.

(3) The Secretary of State may by regulations make provision as to the procedure to be followed in connection with the taking of samples under subsection (2)(G) above (including provision as to the way in which samples that have been so taken are to be dealt with).

(4) Where an inspector proposes to exercise the power conferred by Subsection (2)(H) above in the case of an article or substance found in any premises, he shall, if so requested by a person who at the time is present in and has responsibilities in relation to those premises, cause anything which is to be done by virtue of that power to be done in the presence of that person unless the inspector considers that its being done in that person's presence would be prejudicial to the safety of the State.

(5) Before exercising the power conferred by Subsection (2)(H) above in the case of any article or substance, an inspector shall consult such persons as appear to him appropriate for the purpose of ascertaining what dangers, if any, there may be in doing anything which he proposes to do under that power.

(6) Where under the power conferred by Subsection (2)(I) above an inspector takes possession of any article or substance found in any premises, he shall leave there, either with a responsible person or, if that is impracticable, fixed in a conspicuous position, a notice giving particulars of that article or substance sufficient to identify it and stating that he has taken possession of it under that power; and before taking possession of any such substance under that power an inspector shall, if it is practicable for him to do so, take a sample thereof and give to a responsible person at the premises a portion of the sample marked in a manner sufficient to identify it.

(7) No answer given by a person in pursuance of a requirement imposed under Subsection (2)(J) above shall be admissible in evidence against that person or the husband or wife of that person in any proceedings.

(8) Nothing in this section shall be taken to compel the production by any person of a document of which he would on grounds of legal professional privilege be entitled to withhold production on an order for discovery in an action in the High Court or, as the case may be, on an order for the production of documents in an action in the Court of Session.

Improvement notices:

21. If an inspector is of the opinion that a person:

is contravening one or more of the relevant statutory provisions; or
has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated, he may serve on him a notice (in this Part referred to as 'an improvement notice') stating that he is of that opinion, specifying the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under Section 24) as may be specified in the notice

Prohibition notices:

22.

(1) This section applies to any activities which are being or are about to be carried on by or under the control of any person, being activities to or in relation to which any of the relevant statutory provisions apply or will, if the activities are so carried on, apply.

(2) If as regards any activities to which this section applies an inspector is of the opinion that, as carried on or about to be carried on by or under the control of the person in question, the activities involve or, as the case may be, will involve a risk of serious personal injury, the inspector may serve on that person a notice (in this Part referred to as 'a prohibition notice').

(3) A prohibition notice shall

state that the inspector is of the said opinion;
specify the matters which in his opinion give or, as the case may be, will give rise to the said risk;
where in his opinion any of those matters involves or, as the case may be, will involve a contravention of any of the relevant statutory provisions, state that he is of that opinion, specify the provision or provisions as to which he is of that opinion, and give particulars of the reasons why he is of that opinion; and
direct that the activities to which the notice relates shall not be carried on by or under the control of the person on whom the notice is served unless the matters specified in the notice in pursuance of Paragraph (B) above and any associated contraventions of provisions so specified in pursuance of Paragraph (C) above have been remedied.

(4) A direction given in pursuance of Subsection (3)(D) above shall take immediate effect if the inspector is of the opinion, and states it, that the risk of serious personal injury is or, as the case may be, will be imminent, and shall have effect at the end of a period specified in the notice in any other case

All our training courses are designed to ensure that all employees are aware of their own health and safety and also the safety of contractors, customers and the public. Get in touch with us today to discuss course details.

TRAINING COURSES

Ensure your employees are fully compliant with forklift HSE law. Call Forklift Training Expert Ltd in West London on:

07872 606 747

Unit 3C Falcon Way

off Central Way

North Feltham Trading Estate

Feltham, Middlesex

TW14 0XJ

AiTT Accredited - Private & Commercial Training on-site or in our 4500 sq ft centre

Fork Lift Training Expert Ltd - General Data Protection Regulation

Data Protection and Retention Policy
This policy describes how FLTE will make use of the Data which it
handles during its pursuit of its legitimate interests in Instruction,
Training and Accreditation concerning the activities of Forklift Training.

Personal Data Collected and Held
The Personal Information held by FLTE will primarily be that provided by
Candidates, Corporate Clients, Non Personal Entities, Trainees and
Private Individuals in Course Application Forms and Training
Documentation, by post, telephone, text, email or otherwise.
The records may contain:
• Individuals contact details including address, telephone no.
• Full Name and date of birth
• Passport and/or Photo Identification
• Personal data supplied by Individuals for specific purposes
(e.g. Medical conditions and Disability requirements)
• Any relevant Qualifications or Work experience supplied by an
Individual

Use of Personal Data
Individuals Personal Data is used by FLTE for
• Sending Individuals Training Records and Certificates
• Collecting Course Fees and other payments which may be due
• Internal record–keeping
• Administrative purposes
• Purposes required by law e.g maintenance of accounting and
health and safety records, compliance with the requirements of
governing and law enforcement authorities

Retention of Data
Individuals personal data will be processed for as long as they retain a
valid Certificate of Training Qualification (up to Advised Refresher Date)
and for up to six years thereafter.
FLTE will retain information to maintain statutory records in line with the
Accredited Bodies appropriate statutory requirements or guidance.
FLTE will retain all data processed on the FLTE Laptops, (currently
numbering Three as at Dec 2018). The data will then be transferred via
portable/mobile Flash Drives to the Main Laptop/ Database (Designated
ABs Laptop). Once the information has been transferred it will be
Backed Up to the External Hard drive on a weekly basis.

Data Protection Measures and Compliance
FLTE will ensure that only FLTE Instructors and Staff are responsible for
the processing and storage of any Data.
FLTE will ensure that all paper copies are processed and systematically
stored in accordance with the Accredited Bodies appropriate statutory
requirements.
FLTE will ensure that this policy has been published and communicated
to all FLTE Instructors and Staff and/or any Sub Contractors.
FLTE will review this policy on a regular basis to ensure that the policy is
still relevant and appropriate for the level of protection required.

Data Breach Policy
FLTE will maintain appropriate Safeguards and Firewalls on all FLTE
Laptops, Mobile Flash Drives and External Hard Drives.
FLTE will ensure that the up to date Anti-Virus programmes are installed
on all FLTE Hardware, currently BullGuard antivirus.
FLTE will limit the access to the Main Database and External Hard
Drives by the use of Security Passwords / User IDs known only to AB.
FLTE will control the access to the ACORNS database to Authorised
Individuals. Each user will have their own unique username and
password. Usernames and passwords are not to be shared or stored in
a shared location. Usernames and passwords are only stored in a
secure location.

CONTACT US

Email:

allan@fltexpert.co.uk

Telephone: