Element 1 HASAWA 1974

Question 1

HASAWA 1974

Answer 1

Main H and S legislation in UK

Prescribes general duties to all at work

Question 2

Regulations

Section 15

Answer 2

Enables relevant Secretary of State to make H and S regulations. Regulations are usually:
More detailed than general duties of HASAWA
Problem specific (e.g. noise, hazardous substances)
Prompted by European Directives
Intended to protect employees at work

Question 3

Failure to comply with Regulations

Answer 3

Criminal offence punishable by:
Fine
Imprisonment
Improvemnt Notice

Question 4

Approved Code of Practice (ACoP)

Answer 4

Practical advice on how to comply with the law
ACoP has special legal status - if proved relevant piece of ACoP not followed, compliance with the law in some other way must be proved.

Question 5

Guidance

Answer 5

Following Guidance not compulsory but doing so will normally be sufficient to demonstrate compliance with the law
DSE Regs 1992 and Manual Handling Operations Regs 1992 are both supported by Guidance docs

Question 6

Levels of Statutory Duty

Answer 6

Absolute - must be done e.g. must do risk assessments etc
Practicable - feasible in light of current knowledge and invention i.e. if it can be done, it must be done e.g. PUWER 1998 require all the dangerous parts of machines shall be guarded to the extent that it is practible to do so.
Reasonably Practicable -see separate card

Question 7

Reasonably Practicable

Answer 7

balance of the degree of risk (likelihood x severity) against the costs (time, trouble, difficulty)
Greater the risk more likely that reasonable means substantial cost, effort etc.
Size and financial position not considered.

Question 8

Enforcement of H and S

Answer 8

HSE - higher risk sites e.g. construction, factories
ORR - Office of Rail and Road does rail and monitors Highways England performance
Lower risk - Environmental Health officers for local authority
Fire and Rescue Services - Regulatory Reform (FireSafety) Order
Environment Agency - major accident sites with focus on Environmental harm
Police - death at workplace with relevant other authority
CPS - for bringing prosecution for manslaughter/corporate manslaughter

Question 9

Powers of H and S Inspectors

Answer 9

All have same powers:
Enter any premises, without permission or notice at any reasonable time or any time if dangerous
Take police officer if necessary
Take specialists and equipment
Take measurements, photos, samples
Test substances
Inspect docs
Seize article if believe it to be dangerous, destroy if necessary to make safe
Interview, take statements

Question 10

Enforcement Action

Answer 10

Informal Advice
Improvement Notice - will specify breach. Minimum 21 days to comply.
Prohibition Notice - stops the dangerous activity, immediately if necessary. Stays in effect until appeal is heard
Prosecution - can be heard summarily in magistrates or on indictment in crown court.

Question 11

Maximum sentences

Answer 11

Magistrates - term not exceeding 6 months and/or unlimited fine
Crown - term not exceeding 2 years and/or unlimited fine

Question 12

Formal Caution/Simple Caution

Answer 12

Alternative for dealing with low level breaches. Apt where:
Offender makes clear and reliable admission
Realistic prospect of conviction if trialled
Offender agrees to caution
Repetition of breach treated as failure to comply with Enforcement notice i.e. criminal proceedings

Question 13

Fees for Intervention (FFI)

Answer 13

HSE cost recovery scheme. Currently £129 per hour