HASAWA 1974 Key Requirements Flashcards
Under Section 2(1) of the Act, a general duty is placed on the employer:
“To ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his
employees”.
Note the key words “ensure” and “all his employees.”
Section 2(2) “specific” duties involved:
(a) . The provision and maintenance of plant and systems of work that are SFARP
(b) . Arrangements SFARP use, handling, storage and transport of articles and substances.
(c) . The provision of such IITS, SFARP
(d) . SFARP provision and maintenance of means of access to and egress without risks
(e) . The provision &maintenance SFARP/working enviro/adequate facilities and arrangements for welfare
2 (3): Safety policies:
revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation- 5 or more employees
2 (4): Appointment of Safety representatives:
” Regulations made by the Secretary of State may provide for the appointment in prescribed cases by recognised trade unions (within the meaning of the regulations) of safety representatives from amongst the employeesand those representatives shall represent the employees in consultations with the employers under subsection (6)
2 (6): Consultation:
It shall be the duty of every employer to consult any such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to cooperate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.
2 (7): Safety Committees:
it shall be the duty of every employer, if requested to do so by the safety representatives mentioned in subsections (4) and (5) above, to establish, in accordance with regulations made by the Secretary of State, a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his employees and such other functions as may be prescribed.”
Section 3: General Duties of Employers and Self-employed to Persons other than Employees.
Every employer is required to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment, who may be affected by such undertaking, are not exposed to risks to their health and safety.”
A key word is “undertaking”. This is highlighted in the leading case of R v Associated Octel Co. Ltd (1996).
Section 3(2): Self -employed
“it shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.”
Simply put, self-employed persons are required to carry out their work in such a way that neither themselves or others are exposed to health and safety results as a result of their activities.
Section 4: Duties of Persons Concerned with Premises to Persons Other Than Their Employees
(a) are not their employees, but
(b) use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there, and applies to premises so made available and other non-domestic premises used in connection with them.
2. (a) A duty is placed on each person who has, to some extent, control of premises, or of the means of access to or egress from, or of any plant or substance in, such premises, to take reasonable measures to ensure that they are safe and without risk to health.
(b) Where a person has an obligation (by tenancy or contract) to repair or maintain any premises, or to look after points of entry and exit, or has an obligation to make a place safe, that person shall be deemed to be a person who has control.
Section 6: General duties of Manufacturers, etc.
Any person who designs, manufactures, imports or supplies any article or substance for use at work has duties to ensure, so far as is reasonably practicablehat the article or substance is safe and without risks to health when properly used.
Any necessary research and testing or examination of the article or substance is properly undertaken; and that.
Adequate information is provided to ensure its safe use
example New and second-hand articles
Section 7: General Duties of Employees at Work.
Every employee has the following two duties while at work:
“To take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions; and
To co-operate with his employer so far as is necessary to enable the employer to comply with his own statutory duties”.
Section 8: Duty to not Interfere with or Misuse Anything Provided in the Interests of Health, Safety or Welfare.
“No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory.”
For example, a member of the public recklessly discharging a fire extinguisher in a public library (for no reason) may be in breach of this section.
Section: 9: Duty not to Charge Employees for Things Done or Provided Pursuant to Certain Specific Requirements.
“No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions”.
For example, if the employer’s risk assessment (or any statutory provision) requires employees to wear specific PPE for a task, the employer cannot charge for it.
