A3.2 Explain the status of Approved Codes of Practice and guidance and the statutory procedures for making Approved Codes of Practice Flashcards
What is an approved code of practice?
ACoPs detail how to comply with the legal requirements set out in HSWA.
ACoPs are issued by the HSE under section 16 of HSWA.
Before an ACoP is issued, the HSE:
- consults extensively with employers to establish the need for the ACoP
ACoPs accompany some of the health and safety regulations and illustrate how to comply with the requirements of the regulations. ACoPs are admissibel as evidence in court.
ACoPs are not regulations and thus do not lay down legal requirements so you cannot be prosecuted for failing to comply. However, this may be used as evidence to prove non-compliance.
What is the relationship between the act, regulations, ACoPs and guidance
HSWA is a enabling act - prescribes general duties only and has little to say exactly what employers should do to meet those duties.
Regulations are the detail - details on those who have duties and what they are required to do. While they tell you what to do, they don’t tell you how to do it.
ACoPs provide the detail. These set out exactly how the regulations can be complied with..
Guidance material from the HSE provides a further source of advice on effective measures that may be taken to meet the requirements.
