Mobile Communication Policy Document Type Author Owner (Dept) Mobile Communication Policy Chief Executive Health & Safety Date of Review June 2015
List of Contents Page No 1. Summary of Duties... 3 2. Policy Statement... 3 3. Objectives... 3 4. Principles... 4 5. Work Equipment... 4 6. Risk Assessment... 4 7. Driving Requirements... 5 8. Health Concerns... 5 9. Safe Systems of Work for the use of Communication Devices... 6 10. Key Points... 7 11. Breach of Policy... 7 12. Associated Documents... 7 Appendix 1... 8 Implementation Plan... 8 Page 2
1. Summary of Duties The Road Vehicles (Construction and Use) (Amendment) (No4) Regulations prohibit from the 1 st December 2003, the use of a hand-held phone or similar device, when driving. The Regulations also require drivers to be in proper control of their vehicle. The Mungo Foundation has a general duty under Sections 2 and 3 of the Health and Safety at Work etc Act 1974. (HASAWA) to ensure the health, safety and welfare of their employees and others that may be affected by their activities. In addition Section 7 of the HASAWA requires employees to take reasonable care for their own health and safety and that of others who may be affected by their work activities. It is also a requirement of Regulation 3 of the management of Health and Safety at Work Regulations 1999 (MHSWR) that employers assess the risks associated with their employees work activities. The use of mobile communication equipment is considered to involve risks requiring assessment under these Regulations. The Provision of use of Work Equipment Regulations 1998 (PUWER) places primary responsibility for the health and safety of workers on employers for the provision and use of all work equipment, which includes such equipment as communication devices. 2. Policy Statement The Mungo Foundation recognises that employees are exposed to an increased risk as a result of the use of mobile communication equipment and undertakes to identify and implement, so far as is reasonably practicable, adequate control measures to ensure the health, safety and welfare of employee s. It will be the responsibility of each project and department to carry out Risk Assessments and to develop procedures to ensure the health and safety of employees and others who may be affected by their undertakings. 3. Objectives The main objectives of this policy are: To establish a procedure to comply with the statutory requirements for the safe use of mobile communication equipment; Page 3
To provide all employees with direction and guidance regarding mobile communication equipment use; To identify and ensure compliance with existing The Mungo Foundation s Policies and Procedures. 4. Principles Suitable and sufficient Risk Assessments and the development of procedures must be implemented to ensure the health and safety of employees and others who may be affected by The Mungo Foundation s undertakings. Any employee, who makes use of a mobile phone, at work, must be fully informed of the requirements and their responsibilities under the policy and guidance. 5. Work Equipment PUWER requires that work equipment including communication devices supplied by The Mungo Foundation must comply with the following: It is suitable, properly adapted, can be used without risks to health and safety and is adequately maintained; Where specific hazards could be involved, control measures are implemented and/or access to equipment is restricted to designated and competent employees; Where total safety is not possible, measures should be taken to minimise risks; Provide information, instruction, training, supervision and procedures specific to the type of mobile communication provided to employees and maintain records. 6. Risk Assessment Projects and departments should identify the hazards employees may face, assess the risks involved and identify safe working arrangements to remove or adequately control any significant risks. The requirements for carrying out Risk Assessments are outlined in The Mungo Foundation s Risk Assessment Policy and The Mungo Foundation s Health and Safety Policy. Essentially Risk Assessment control measures should provide employees with the appropriate information and instruction on how to carry out their work in a safe Page 4
manner, what to do in the case of emergency and what specific arrangements are in place for their particular work. 7. Driving Requirements It is a specific offence to use a hand-held phone, or similar device, when driving. The penalty is a 30 fixed penalty or up to 1,000 on conviction in court ( 2,500 for drivers of goods vehicles, buses or coaches). Drivers still risk prosecution (for failure to have proper control) if they use hands-free phones when driving. An exemption to the above statutory requirement in that a mobile phone can be used whilst making an emergency call i.e. a 999 or 112 call. The Highway Code also states that: You must exercise proper control of your vehicle at all times. Never use a hand held mobile phone or microphone when driving. Using hands free equipment is also likely to distract your attention from the road. It is far safer not to use any telephones while you are driving find a safe place to stop first (Road Traffic Act Sections 2 & 3). Studies have shown that drivers using mobile communication equipment in vehicles are generally unaware of surrounding traffic conditions and: Significantly vary their road speeds out of sync with prevailing traffic; Fail to maintain headway; Wander in their lane. Research also indicates that drivers using such equipment, to all intents and purposes, become unaware of traffic around them. (Source: ROSPA Road Safety). Projects and departments should review their Risk Assessments with the aim (where possible) of avoiding or reducing the amount of time employees are required to be driving. 8. Health Concerns Mobile phones are low power transmitters that send and receive radio signals and are designed to operate within electromagnetic exposure guidelines to safeguard public health. The National Radiological Protection Board, the UK authority on radiation hazards, advice states that on the basis of current international standards and research, the radio waves from mobile communication equipment do not present a health hazards. Page 5
The guidelines in the Safe System of Work will assist to reduce exposure to radio waves when using a mobile phone. Projects and departments should review their Risk Assessments with the aim (where possible) of avoiding or reducing the amount of time employees are required to use a mobile phone. 9. Safe Systems of Work for the use of Communication Devices Driving: Drivers must exercise proper control of their vehicles at all times. To avoid distractions and lapses in concentration hand-held mobile phones/microphones/radio handsets must not be used to make or receive calls when driving; The use of hands free equipment is also likely to distract a driver s attention and must not be used until the vehicle is safely parked i.e. in a safe place with the engine switched off; Before beginning any journey the message facility on mobile phones should be switched on and checks for messages carried out and dealt with once the vehicle is safely parked; Mobile phones should be switched off before the engine is started; Instruct employees not to call others if they know or suspect that they are on the road; Consider other employee s safety first and place calls to an answering service or take messages on your behalf rather than giving their number to a third party; Guard against the vehicle becoming a mobile office and if expecting a call try to let the caller know when you will be available to take the call before you start your journey; Calls should not be initiated or answered even in traffic queues or at traffic lights; Employees are advised that they are not required to travel in The Mungo Foundation s vehicles where drivers do not follow the above requirements; Page 6
Health Concerns: If there is a choice, use an ordinary telephone (or fax) rather than a mobile phone; Keep your conversations to the point and avoid long calls; Leave a gap between the phone and your ear. Do not press it to your ear or the side of the head; Where practicable refrain from using mobile phones within a vehicle; The Mungo Foundation will ensure that all mobile phones procured for supply to employees will comply with the current standards (as set by the National Radiological Board) regarding power absorption rate. 10. Key Points The safe use of mobile phone equipment is only effective where the following steps are taken: Instruct employees in the requirements of the policy and guidance; Ensure Risk Assessments are carried out and Safe Systems of Work are implemented; Use mobile communication equipment in accordance with the manufacturer s instructions; Do not use mobile communications whilst driving. 11. Breach of Policy A failure by an employee to comply with any aspect of this policy and guidance will be regarded by The Mungo Foundation as misconduct, which will be dealt with under the terms of The Mungo Foundation s Disciplinary Procedure and may result in dismissal. Additionally employees should be specifically advised that they might attract personal, criminal and/or civil liability in the event that the Regulations are breached. 12. Associated Documents The Mungo Foundation s Health and Safety Policy; Risk Assessment Policy, Violence Policy, Alcohol Policy, Tobacco Policy, Lone Working Policy and On-Call Policy. Page 7
Appendix 1 Implementation Plan The following process should be carried out to ensure an effective Health and Safety Management System to ensure the safety of those employees who may have to use mobile communication equipment: Ensure the policy is developed to suit the project and department s specific needs; Consult Trade Union Safety Representatives; Instruct Managers on the contents and requirements of the policy; Plan and undertake a project and departmental analysis to identify work activities that may require mobile communication equipment; Carry out Risk Assessments; Identify suitable control measures; Project Managers develop Safe Systems of Work and instruct Line Managers and employees accordingly; Develop an action plan and time-scale for the implementation of the control measures/safe System of Work; Nominate a Senior Manager to monitor the implementation of the policy; Undertake a review, at least annually, of the policy Page 8