Health & Safety Work Act 1974

8/8/2019 Health & Safety Work Act 1974

1/5

Health and Safety at Work etc. Act 1974

Background to the Act

Legislation tended to relate to specific industries Over 5 million workers were not protected by any HSE legislation Were scattered pieces of legislation Focussed more on condition of plant and equipment Contractors, members of public generally ignored Did not seek to raise awareness / influence positive HSE attitudes Legislation did not keep pace with technological advancements

Following the recommendations ofRobens Report (1972)- Principal recommendations were as follows:

A single Act that covers all workers and that Act should contain general duties which should influence attitudes An emphasis on health and safety management/ development of safe systems of work which would involve

encouragement of employee participation in accident prevention

This was developed many years later into the concept of the health and safety culture Enforcement be targeted at self-regulation by employer rather than reliance on prosecution in courts These recommendations led directly to the introduction ofHealth and Safety at Work etc. Act 1974

Overview of the Act

Health and Safety at Work Act established the Health & Safety Commission (HSC). Its responsibilities include:

draft new Regulations enforce them either through its executive arm

- Health Safety Executive (Inspectors), or- Local Authority (Environmental HealthOfficers - EHO)

*HSC & Health & Safety Executive(HSE) merged in 2008(pg 10)

Regulations

Health and Safety at Work Act is anEnabling Actwhich allows the Secretary of State to make further laws(known as regulations)

Regulations are law, approved by Parliament Regulations are developed based on ECDirectives as well as home-grown ones HSWA 74 and general duties in Management Regulations 99, aim to help employers to set goals There are over 100 safety related Regulations


2/5

Approved Code of Practice (ACoP)

ACoP is produced for most Regulations by the HSC and attempts to give more details on the requirements ofregulations

It also gives level of compliance needed to satisfy Regulations (quasi-legal) ACoPs give advice, but employers are free to take other routes to achieving their health & safety goals The relationship of an ACoP to a regulation is similar to the relationship of the Highway Code to the Road Traffic

Acts

ACoPs generally are only directly legally binding if: the regulations or Act indicates that they are, for example, The Safety Signs & Signals Regulations

Schedule 2 specify British Standard Codes of practice for alternative hand signals; or

they are referred to in an Enforcement Notice Quasi Legal - If a company is prosecuted for a breach of health and safety law and it is proved that it has not

followed the relevant provisions of the ACOP, a court can find them at fault, unless the company can show that

it has complied with the law in some other way

Guidance

Guidance comes in two forms - LEGALand BESTPRACTICE

LegalGuidance - series issued by HSC and/or HSE covers technical aspects of health and safety Regulations Best Practice Guidance - normally published in HSG series of publications by HSE Example of best practice guidance books include:

HSG 150 Health & Safety in Construction HSG 38 Lighting at Work HSG 65 Successful Health & Safety Management

General Duties/ Key Sections of the Act

Section 2 - Duties of Employer to Employees

Ensure, so far as is reasonably practicable, the health, safety and welfare of all his employees. In particular: Safe plant and systems of work Safe use, handling, transport & storage of substances & articles Provision of information, instruction, training and supervision Safe place of work, access and egress Safe working environment with adequate welfare facilities Written safety policy/ organizational and other arrangement (if more than four employees)


3/5

Consultation with safety representative and formation of safety committees where there are recognizedtrade unions

Section 3

Duties of employers to others affected by this undertaking A duty to safeguard those not in their employment but affected by the undertaking:

Members of public Contractors Patients Customers Students

Corporate Responsibility

Definition: Refers to ways in which organizations manage their core business to add Social, Environmental and

Economic value in order to produce a positive and sustainable impact on both society and the business itself New term in 21st century world of work Covers wide range of issues including effects that organizations business has on Environment, Human

Rights and 3rd World Poverty (to the people in the area and surrounding businesses)

HSE in the workplace is an important Corporate ResponsibilityCorporate Manslaughter

New statutory offence created under the Corporate Manslaughter and Corporate Homicide Act 2007 pg 15 Focuses on responsibility of senior management rather than a single individual

Section 7 - Duties of employees

take reasonable care for the health and safety of themselves and others affected by their acts or omissions co-operate with the employer and others to enable them to full-fill their legal obligations

Section 8 - no person is to misuse or interfere with safety provisions

Section 9 - Employees cannot be charged for health and safety requirements such as personal protective equipment

Section 37 - personal liability ofDirectors - Where offence is committed by a body corporate, can be attributed to any

neglect of a Director/ senior officer, both that body/ person are liable to prosecution


4/5

Enforcement of the Act

EnforcingOfficers under the HSWA74 work for either the HSE or Local Authority LocalAuthority Environmental HealthOfficers

Responsible for retail & service outlets, (Commercial) Shops (retail & wholesale), restaurants, garages, offices, residential homes, entertainment & hotels

Health & Safety Executive Inspectors Responsible for all other work premises including localAuthorities themselves (Industrial)

Inspectors have right to: enter premises at any reasonable time, accompanied by a police officer, if necessary take samples, photographs and, if necessary, dismantle and remove equipment or substances Require production of books/other relevant documents and information Seize, destroy or render harmless any substance or articles Issue enforcement notices and initiate prosecutions

Enforcement Notices

Two types of enforcement notices:

1. Improvement Noticea. identifies a contravention of law and specifies a date by which the situation is to be remediedb. appeal must be made to the Employment Tribunal within 21 days

2. Prohibition Noticea. to halt an activity which the inspector feels could lead to a serious personal injuryb. appeal may be made to Employment Tribunal but, notice remains in place during appeal process

Actions Available to an Inspector

Following a visit to a premises, the following actions are available: Take no action Give verbal advice Give written advice Serve an improvement notice Serve a prohibition notice Prosecute

MHSW Regulations 1999

Following an ECDirective in 1992, the Management of Health and Safety at Work Regs. took effect on 1 January1993

Later amended in 1999


5/5

They simply reinforced/ amended the requirements of the HSWAEmployers Duties MHSWR (Management ofHealth and Safety atWork Regulations)

Employers must:

Undertake suitable and sufficient written risk assessments when there are more than four employees Put in place effective arrangements for the planning, or organization, control, monitoring and review of

health and safety measures in the workplace (including health surveillance)

Such arrangements should be recorded if there are more than four employees Employ (to be preferred) or contract competent persons to help them comply with health and safety

duties

Develop suitable emergency procedures Ensure that employees and others are aware of these procedures and can apply them Provide employees and others with health and safety information, in particular information resulting

from risk assessment or emergency procedures

Co-operate in health and safety matters with other employers who share the same workplace Provide non-employees working on the worksite with relevant health and safety information Provide employees with adequate and relevant health and safety training Provide temporary workers with appropriate health and safety information

Employees Duties MHSWR

Employees must:

Use any equipment or substance in accordance with any training or instruction given by the employer Report to the employer any serious or imminent danger Report any shortcomings in the employers protective health and safety arrangement

Health & Safety Work Act 1974

Documents

Transcript of Health & Safety Work Act 1974