e3.2 - Approved codes of practice and guidance

Question 1

Regulations

Answer 1

Statute law

Question 2

Approved codes of practice (ACoPs)

Answer 2

Made/approved by theHSE under statutory powers

They are not laws, but failure to follow standards may be used as evidence in court (section 17…)
REquirements of ACoPs must be met or a better standard applied

Question 3

Guidance notes

Answer 3

Issued by the HSE, no legal obligation or implication

Intended to give advice on - interpretation, compliance, specific hazards

Question 4

British Standards

Answer 4

Technical Guidelines

Question 5

HASWA section 16

Answer 5

STATUTORY PROCEDURES FOR MAKING ACoPs

Approved by HSE

For the purpose of providing practical guidance on regs

Must consult gov. depts or other bodies

Must have SoS approval

Must issue, inform employers etc. and notify commencement date

May be revised or withdrawn

Question 6

HASWA section 17

Answer 6

USE OF ACoPs IN CRIMINAL PROCEEDINGS

A failure to observe any provision of an ACoP shall not in itself render someone liable civil or criminal proceedings.

But where in any criminal proceedings a party is alleged to have committed an offence by reason of a contravention of any associated regulation… such evidence will be admissible regarding conviction against the related regulation.