1.4 The Scope, Duties And Offences Of Employers, Managers, Employees And Others Under The Health And Safety At Work etc. Act 1974 Flashcards
Describe Section 3 (HSWA) 1974 of the
General Duties of Employers and the self-employed to persons other than their employees affected by their undertaking
- A duty to safeguard those not in their employment but affected by the undertaking.
- This includes members of the public, contractors, patients, customers, visitors and students.
Explain Section 4 (HSWA) 1974 of the
General Duties of Landlords, Owners and those in Control of Premises to persons other than their employees affected by their undertaking
- A duty to ensure that means of access and egress are safe for those using the premises.
- Those in control of non-domestic premises also have a duty to ensure, so far as is reasonably practicable, that the premises, the means of access and exit, and any plant (such as boilers and air conditioning units) or substances are safe and without risks to health.
This duty extends to: people entering the premises to work; people entering the premises to use machinery or equipment, for example
a launderette; access to and exit from the premises; corridors, stairs, lifts and storage areas.
Outline the general duties of Suppliers and manufacturers under section 6 of the (HSWA) 1974, as regards to articles and substances for use at work
- Persons who design, manufacture, import or supply any article or substance for use at work must ensure, so far as is reasonably practicable, that it is safe and without risk to health
- Articles must be safe when they are set, cleaned, used and maintained.
- Substances must be without risk to health when they are used, handled, stored or transported.
- This requires that information must be supplied on the safe use of the articles and substances.
- There may be a need to guarantee the required level of safety by undertaking tests and examinations.
Describe the two main general duties of employees at work under section 7 of the (HSWA) 1974
The two main duties are:
- To take reasonable care for the health and safety of themselves and others affected by their acts or omissions
- To cooperate with the employer and others to enable them to fulfil their legal obligations.
Describe the general duties of all persons under (‘horseplay section’), section 8 of the (HSWA) 1974
- No person is to misuse or interfere with the health and safety provisions provided with at work.
Section 9 of the (HSWA) 1974 states that:
- Employees cannot be charged for health and safety requirements such as personal protective equipment.
List the general duties of employers to their employees under the (HSWA)1974 section 2
- To ensure, so far as is reasonably practicable, the health, safety and welfare of all employees.
In particular: - safe plant and systems of work
- safe use, handling, transport and storage of substances and articles
- provision of information, instruction, training and supervision
- safe place of work, access and egress
- safe working environment with adequate welfare facilities
- a legal duty to prepare and write a safety policy together with organisational and other arrangements (if there are five or more employees)
- consultation with safety representatives and formation of safety committees where there are recognized trade unions.
Explain what section 36 of the (HSWA) 1974 means by :
Offences Due to the Fault of Another Person
- Where an offence is committed by a person that was caused by the act of a second person, the second person may also be charged with the first person.
- This situation may arise during the trial of the first person when it becomes apparent that the action was the fault of a second person.
- The HSE have the power under this section to prosecute either both persons or just one.
- The first person is usually the employer and the second person could be, for example,
a manufacturer of a faulty product or a
self-employed contractor.
Explain what Section 37 of the (HSWA) 1974 means by the statement:
Personal Liability of Directors
- Where an offence is committed by a corporate body with the consent or connivance of, or is attributable to any neglect of, a director or other senior officer of the body, both the corporate body and the person are liable to prosecution.
Duties if Employees and Agency Workers have specific responsibilities under the HSW Act, which are:
- To take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions at work.
- This involves the same wide group that the employer has to cover, not just the people on the next desk or bench
- To cooperate with employers in assisting them to fulfil their statutory duties
- Not to interfere with deliberately or misuse anything provided, in accordance with health and safety legislation, to further health and safety at work.
