A3.1 Explain the key requirements of the Health and Safety at Work etc Act 1974 and the Management of Health and Safety at Work Regulations 1999 Flashcards
What does section 2(1) & 2(2) of the HSWA act outline?
2 (1) - a general duty is placed on the employer:
- to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees
2(2) - specifies particular duties involved.
2(2) (a), (d) and (e) are concerned with the physical conditions or ‘hardware’ of the workplace and cover:
A - provision and maintenance of plant and systems of work.
D - Safe place of work, including access and egress from place of work
E - providing adequate welfare for employees.
B & C are more concerned with the activities of people or ‘software’
B- the use, handling, storage and transport of articles and substances.
C- Information, instruction, training and supervision.
All these subsections use the term ‘so far as is reasonably practicable’.
what does Section 2 (3) discuss?
2 (3) discusses the necessary requirement for employers to have a safety policy tailored to their organization. This will include a statement of intent, the organizational aspects and arrangements. Also, this needs to be brought to the attention of employees when there are more than 5.
What does section 3 of HSWA 1974 discuss?
Section 3 - duties to persons other than employees
A duty is placed on the employer and the self employed to make adequate safeguards to protect third parties. EG contractors and kids at school
essentially, duty on employers and self employed to not expose non employees to risks to their H&S.
What does section 4 of HSWA 1974 discuss?
Section 4 - duties of persons concerned with premises
Essentially, this section imposes duties on those who control non-domestic premises. This includes landlords who rent out their premises to business but do not employ anyone.
Much less frequently used by enforcement agencies than section 2 and 3.
What does section 6 (1, 2, 3) of the HSWA discuss?
Section 6(1) - imposes a duty on anyone who designs, manufacturers, imports or supplies any article for use at work. Section 6(2) - imposes a duty of anyone who undertakes research of any articles to eliminate or minimize risks to H&S.
Section 6(3) - imposes a duty on anyone who erects or installs any article for use at work.
Article = any plant, equipment and tools designed for use or operation by persons at work.
What does section 6 (4, 5) of the HSWA discuss?
Section 6(4) and 6(5) - similar duties are imposed for substances for use at work when being handled, processed, stored or transported.
- product should be safe when used, handled, processed, stored, transported.
- adequate testing and examination should be done.
- adequate information should be provided
What does section 7 of the HSWA discuss?
Section 7 concerns employee duties.
- It states that employee should take reasonable care of their own H&S and others who may be affected.
- They will also need to cooperate with the employer and comply with whatever is necessary with the statutory provisions.
What does section 8 of the HSWA discuss?
Section 8 concerns interference and misuse
- no person shall intentionally and recklessly interfere with, or misuse anything provided in the interests of H&S.
- the term ‘ no person’ is not just relevant to employees. For example, interference with fire-fighting equipment by students is a breach of section 8.
What does section 9 of the HSWA discuss?
no employer shall charge any employee for something done or provided in the interests of H&S at work.
This does not entirely rule out that employees may be charged eg. for not wearing PPE when there is a specific requirement.
What is the MHSWR 1992?
These are a set of regulations that place a duty on employers to:
- make a suitable and sufficient risk assessment of risk to employees and others (regulation 3)
- apply the principles of prevention (regulation 4)
- have appropriate arrangements for planning, organization, control, monitoring and review (regulation 5)
- have health surveillance where appropriate (regulation 6)
- have access to competent health and safety assistance (regulation 7)
- Establish procedures for serious and imminent danger (regulation 8)
- make suitable arrangements for contact with external services (fire and ambulance) - (regulation 9)
- provide comprehensive information to employees (regulation 10)
- cooperate with other employers who share the same workplace (regulation 11)
- provide the employers of employees who work in premises with information on risks created and the measures needed for compliance (regulation 12)
- Provide adequate health and safety training for employees (regulation 13)
- Assess risks to women of child bearing and new or expectant mothers (regulation 16)
- ensure the protection of any young person employed which arises from their lack of experience (regulation 19)
What are the implications of section 36 of MHSWR?
Section 36 - Offences due to fault of other persons
Section 36 distinguishes where responsibility for an offence falls. Many companies delegate functions to employees as well as external people relating to safety, training, etc.
The HSE may prosecute one or both; the company, the employee. The employer cannot discharge their responsibility under the act.
What does reasonably practicable mean?
To carry out a duty ‘so far as is reasonably practicable’ means that the degree of risk has to be balanced against the time, trouble or cost involved in taking the measures necessary to avoid the risk.
The greater the risk, the more likely that it would be reasonable to go to the expensive of taking the measures.
If the consequences and the degree of risk are small and the cost of the measures to reduce the risk is very expensive, it would be unreasonable to incur that cost.
