02. Health and safety law

Question 1

Summary of the HSW Act, section 2

Answer 1

places a duty on employers to ensure the health, safety and welfare of
employees so far as reasonably practicable (SFARP). More guidance on the
principles of SFARP may be found on the HSE website (www.hse.gov.uk/risk/
theory/alarp1.htm). Section 2 also requires employers to consult with trade union
safety representatives on matters affecting health and safety in the workplace.
Employers of more than five people must also prepare a written health and safety
policy and bring it to the attention of employees.

Question 2

Summary of the HSW Act, section 3

Answer 2

requires employers to ensure that non-employees who may be

affected by work activities are not exposed to risks to their health and safety.

Question 3

Summary of the HSW Act, section 4

Answer 3

places a duty on anyone responsible for the workplace to ensure that
the premises, plant and machinery do not endanger the people using them.

Question 4

COSHH provides a framework of actions designed to control the risk from a
range of hazardous substances, including biological agents. The essential elements
of COSHH are:

Answer 4

(a) risk assessment;
(b) where reasonably practicable, prevention of exposure or substitution with a
less hazardous substance, or substitution of a process or method with a less
hazardous one;
(c) control of exposure, where prevention or substitution is not reasonably
practicable;
(d) maintenance, examination and testing of control measures;
(e) provision of information, instruction and training for employees;
(f) health surveillance of employees (where appropriate, and if there are valid
techniques for detecting indications of disease) where exposure may result in
an identifiable disease or adverse health effect.

Question 5

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
2013 (RIDDOR) require employers and others, eg someone who has control of
work premises, to report to HSE, accidents and some diseases that arise out of or
in connection with work. Cases of legionellosis are reportable under RIDDOR if:

Answer 5

(a) a doctor notifies the employer; and
(b) the employee’s current job involves work on or near cooling systems which
are located in the workplace and use water; or work on water service systems
located in the workplace which are likely to be a source of contamination.

Question 6

Those who have, to any extent, control of premises, have a duty under the
Notification of Cooling Towers and Evaporative Condensers Regulations 1992 to

Answer 6

notify the local authority in writing with details of ‘notifiable devices’