Law and Regulations Flashcards
6 pack of regulations from 1/1/93
- Display Screen Equipment Regulations
- Manual Handling of Loads Regulations
- Personal Protective Equipment Regulations
- Management of Health and Safety at Work
- Provision and use of Work Equipment Regulations
- Workplace (Health, Safety and Welfare) Regulations
EMAS
Employment Medical Advisory Service (now part of HSE, only 5 EMAS doctors)
Health and Safety At Work Act 1974
Formed the HSC and HSE.
Both merged in 2008 to make HSE
Fee for investigation is £129 per hour since Oct 2012.
Health and Safety Legislation is enforced by HSE and local authorities
Has 9 sections
Applies to all workers EXCEPT DOMESTIC
Magistrates
Less serious offences
Unlimited fines for H&S breaches
Prison up to 6 months
Crown Court
Serious offences
Prison up to 2 years
Trial by jury
Criminal Courts
Magistrates
Crown
Civil Courts
First tier tribunals
County courts
High court
Employment tribunal
Legislation
Those laws enacted by parliament
HSWAW 1974 is primary legislation
Common Law
Principles of law enunciated by judges when giving decisions on actual disputes presented to them in courts
HSE
Formed in 1974 at time of HASWA
Protects health and safety of workers including self employed. Propose legislation and guidances
Responsible for enforcement of health and safety legislation
Local Authorities
Statutory responsibility for health and safety inspections in shops, offices, leisures, hotels, restaurants, care homes, distribution like petrol stations.
ACOPs
Approved Code of Practice
HSE Inspectors
Can take enforcement action. Can issue improvement notice, prohibition notice. They can pursue a prosecution through criminal courts
Improvement notice
To address a named health and safety breach. Employer can appeal. In this case notice is suspended until decision of the tribunal
Prohibition notice
Work is stopped immediately until breach is addressed. Takes immediate effect. This is when there is thought of risk of illness or injury
Management of Health and Safety at Work Regulations 1999
“Management Regulations”
Doesn’t apply to captain and crew of sea going vessels unless the ship is at the harbour for repair
Doesn’t apply to domestic staff in private homes
Requirement for risk assessments
Workplace (Health, Safety and Welfare) Regulations 1992
Covers all workplaces except transport, mines, quarries, oil rigs or building sites.
Doesn’t apply to domestic premises.
Main requirements - employer to keep work place clear, well ventilated and dispose of waste. Suitable temperature, lighting, seating, floors, paths, windows etc. Rest areas, canteen, toilet.
Temperature Regulations
Indoor - no lower than 16C, 13C if physically demanding. No max temp given.
Health and Safety (Display Screen Equipment) Regulations 1992
If they use DSE for over an hour or daily. Need risk assessment. Eye test at employers expense. Employers pay for glasses if required solely for DSE use.
Provision and Use of Work Equipment Regulations 1998
Ensure that use of work equipment does not affect worker’s health and safety.
Maintenance of equipment, training, information, emergency stops etc.
COSHH 2002
To protect from chemical hazards in the workplace.
Excludes asbestos, lead, radioactive agents, substances used in medical treatment and substances hazardous because of flammable/explosive properties.
RIDDOR 1995
Reporting of Injuries, Diseases and Dangerous Occurrences Regulations
Reporting accidents to HSE or local authority. Has to be over 7 day injury. Responsible person reporting it is the employer, person in control of workplace or individual if self employed.