Approved Codes of Practice & Guidance Flashcards
Briefly explain the role of Approved Codes of Practice
ACoPs detail how to comply with the legal requirements set out under the HSWA
Briefly explain the origin of ACoPs
ACoPs are issued by the HSE under Section 16 of HSWA but require consent of the relevant Secretary of State. They are published after consultation with government departments, employers and employees organisations, and expert opinion in the subject area.
List the three phases completed by the HSE prior to an ACoP being issued
- Consult with interested parties to establish the need for the ACoP
- Prepare a draft ACoP which is made available to all for further consultation
- Revise the ACoP and then obtain consent from the Secretary of State
What is the significance of an ACoP
In addition to providing guidance on how to comply with the requirements of the regulations. Contravention of the advice in an ACoP is admissible in evidence to prove a breach of statutory provisions set out in Section 17 of HSWA and the associated regulations.
Explain the difference (as it relates to the law) between ACoPs and Regulations
ACoPs do not lay down legal requirements so you cannot be prosecuted for failing to comply with the guidance contained in them. However, not complying with them may be evidence of non-compliance with the regulations, unless you can prove otherwise
Briefly explain what an INDG is
INDG is general industry guidance leaflets and pocket cards which act as a brief summary for employers and others
Briefly explain what Health & Safety Guidance is
The HSG series is made up of guidance books which provide comprehensive advice for employers to help them comply with H&S Law
Briefly explain what Legal Titles are
Legal titles contain the actual Regulations themselves and are either Approved Codes of Practice or Guidance on Regulations
Briefly explain what Guidance Notes are
Guidance Notes are aimed at a technical or specialist audience and often provide more detail under the following headings: Chemical Safety, Environment Hygiene, General, Medical, Plant & Machinery
Explain the relationship between the HSWA, Regulations, ACoPs and Guidance Materials
HSWA is an enabling Act which prescribes general duties only and has little to say about what Employers and others are required to do in order to meet those duties.
Regulations provide exact specifications of what those who have duties under the Act are required to do. However, while they tell you what you have to do, they do not tell you how to do it
ACoPs set out exactly how the requirements of the Regulations may be complied with. Those responsible under the Act do not have to do things in exactly the way specified by the ACoP but, if they do not, they have to be able to show that the way in which they are operating has the same effect of meeting the requirements.
Guidance Materials from the HSE provide a further source of advice on effective measures that may be taken to meet the requirements.
