Element 1 HASAWA Main Duties Flashcards
HASAWA Key objectives
Securing the health, safety and welfare of people at work
Protecting people other than those at work against risks from work activities
Section 2 General Duties of Employers to Employees
- Every employer has to ensure, SFAIRP, the health, safety and welfare at work of all his employees.
- Examples are:
a) Provision and maintenance of plant and systems of work
b) Arrangements for handling, storage and transport of articles/substances
c) Info, instruction, training and supervision
d) Maintenance of workplace in safe and healthy condition including means of access and egress
e) Provision of adequate welfare facilities - Duty to (shall) prepare and revise written statement of his general policy on H and S and organisation and arrangements in force for carrying it out.
4 and 5 allow Sec of State to make regulations allowing recognised Trade Unions to appoint safety reps or direct election by employees of safety reps from amongst employees. - Duty to (shall) consult safety reps
- Duty to (shall) establish a safety commitee if asked by safety reps
Section 3 Duties of Employers and Self Employed to Others
Duty to ensure, SFAIRP, persons not in his employment, who may be affected, are not exposed to risks.
Self-employed required to protect themselves from risks.
Provide relevant H and S info to non-employees
Self employed duty changed in Deregulation Act 2015 so only applies to undertakings of prescribed description, which are those involving agricultre, asbestos, construction, gas installation, GMO and railways.
Section 4 Duty of Person in Control of Premises for H and S of Non-Employees
Person who has to any extent, control of work premises, access or egress or plant or substance has duty to?
to take all reasonable measures to ensure all are safe and without risk to non-employees who use as a place of work or where they use plant or substances
Examples: coin operated launderette, maintenance contractor servicing a lift in common parts of multi-occupied office block
Section 6 Duty of designers, manufacturers, importers, suppliers, installers
Any article or substancefor use at work, SFAIRP, ensure
It is safe, without risk when properly used
Any necessary research and testing is done and
Adequate info is provided
Section 7 Duties of Employees
Take reasonable care for H and S of himself and others who may be affected by his acts or omissions; and
Co-operate with employer to enable employer to comply with his own duties
Section 8 Duty to not interfere or misuse anything provided in interests of H and S
This is imposed on all people, including children
e.g. life rings
Section 9 Duty of Employer not to levy a charge on Employees
For anything to comply with H and S legislation
Section 36 Offences Due to Fault of Another Person
Person A commits offence because of an act of person B, then person B may also be charged as well as, or instead of Person A
Example HSE v Lockwood 2001 Occupational hygienist prosecuted for failing to carry out proper assessment. Company was also for failing to select the best occupational hygienist for its needs
Also allows crown servants to be prosecuted even though the crown is immune
Section 37 Offences by a Body Corporate
An Example Armour v Skeen 1977
Where offence committed by body corporate is proved to have been committed with consent, connivance or neglect of director, manager etc, the director can be charged.
Section 40 Onus of Proving Limits of What is Practicable
Accused has to prove it was not practicable or reasonably practicable to do more than was done.
To defend a criminal case would have to show they has done all that was reasonable practicable.
Section 47 Civil Liability
Right to stake a civil claim under TBSD for breach of H and S regs no longer allowed unless an exception created.
Corporate Manslaughter
Manslaughter by individuals is a common law crime. Individual commits manslaughter when he causes death through gross negligence. For a company to be found guilty a director or senior manager (controlling mind) has to be found guilty.
Major disasters rarely due to negligence of individual but failure of systems witj careless individuals being a contributing factor.
Corporate Manslaughter and Corporate Homicide Act 2007 (CMCHA) (homicide in Scotland)
Under CMCHA, corpaorate manslaughter:
a. can only be committed by organisations, not individuals.
b. requires breach of duty of care under law of negligence
c. Requires a gross breach
d. substantial element of breach is way in which organisation’s activities are managed by senior management
e. only where death shown to be caused by the breach.
CMCHA Sanctions available
unlimited fines (rarely less than £500K, publicity orders and remedial orders
