HASAWA '74

Question 1

Section 2(1)

Answer 1

GENERAL DUTY

To ensure, so far as reasonably practicable, the health, safety and welfare at work of employees

Question 2

Section 2(2)

Answer 2

Ensuring so far as reasonably practicable, the health, safety and welfare at work of employees through:

• safe plant and systems of work
• safe use, handling, storage and transport of goods and materials
• provision of information, instruction, training and supervision
• safe place of work including means of access and egress
• safe and healthy working environment and welfare arrangements

Question 3

Section 2(3)

Answer 3

Safety policies

An employer must (where there are 5 or more employees)

• prepare a written health and safety policy
• set down the organisation and arrangements for carrying out the policy
• revise and update as necessary
• bring the policy arrangements to the notice of the employees

Question 4

Section2(4)

Answer 4

Appointment of safety representatives

• allows the Secretary of State to make regulations dealing with consultations between employers and recognised trade unions - (led to SRSC 1977 regs)

Question 5

Section 2(6)

Answer 5

Consultation

• duty of employer to consult recognised trade union representatives (under SRSC regs 1977)

Question 6

Section 2(7)

Answer 6

Safety committee

• duty of employers to establish a safety committee if requested to do so by recognised trade union representatives - (in accordance with SRSC regs 1977)

Question 7

Section 3

Answer 7

Duties of employers + self employed to others

An employer (or self employed person) must safeguard not only himself but anyone not in his employment who would be affected by his activities e.g

• visitors
• contractors
• the public

Question 8

Section 4

Answer 8

Duties of those in control of premises

Anyone in control of premises or plant used by persons not in their employment must

• ensure safe access and egress
• ensure that plant or substances in the premises, or provided for their use, are safe and without risk to health

Question 9

Section 6

Answer 9

Duties of those who manufacture etc…

Persons designing, manufacturing, importing or supplying articles or substances for use at work must:

• ensure they are safe and without risk to health
• carry out tests or examinations as necessary to ensure that they are without risk to health
• provide information necessary to ensure that they are safe and without risk to health

Question 10

Section 7

Answer 10

Duties of employees

Every employee must:

• take reasonable care for his own health and safety
• take reasonable care for the health and safety of anyone who may be affected by his actions or omissions
• co-operate with his employer or any person to enable legal obligations to be met

Question 11

Section 8

Answer 11

Duties of all persons

No person must misuse or interfere with anything provided in the interests of health and safety or welfare at work

Question 12

Section 9

Answer 12

Duty of employer not to charge

Employees cannot be charged for anything done or provided to comply with specific legal obligation

• PPE

Question 13

Section 37

Answer 13

Offences by body corporate

Where the offence is committed by a body corporate with the knowledge or through the neglect of a responsible person, both that person and the body corporate are liable to prosecution

Question 14

Section 40

Answer 14

Burden of proofIn proceedings for an offence, the onus of proving the limits of what was reasonably practicable rests with the accused