Legislation Flashcards
Define hazard
Something that can cause adverse effects
Define risk
The likelihood a hazard will cause adverse effects
Define stakeholders
The stakeholders are employees, visitors, contractors, member of the public, communities, regulatory authorities and the shareholder of the business.
Define HASWA and the year it was established
Health and Safety at Work Act 1974 (HASWA)
What are the 4 aims of HASWA?
- Ensure H+S of persons at work
- To protect people out with the work from risks to H+S in connection with activities of persons at work
- To control the storage and use of dangerous/flammable/explosive substance from being mistreated
- To control emissions from these substances
What are the 4 parts of HASWA?
- H+S at work
- Employment medical advisory service (EMAS)
- Law relating to building regulations
- Miscellaneous and general provisions
Whats the scope of HASWA?
All workers except domestic servants in private households =>now including those employed in education ,medicine, leisure and transport industry
What are the statutory arrangements for HASWA?
31 relevant acts,
500 subsidiary regulations,
Improve standards (make it up-to-date)
How are regulations established for HASWA?
Made by appropriate minister i.e. secretary state for employment in consultation with other appropriate ones
What are some employer duties (HASWA)?
• Employer duties
- 2(1) = employer duty to ensure H+S welfare for all workers
- 2(2)(a) = maintenance and provision of plant is safe and doesn’t risk health
- 2(2)(b) = arrangements for ensuring safety when handling, storing and transporting substances
- 2(2)( c) = ensure provisions of instruction, training and supervision for H+S at work
- 2(2)(d) = any workplace under employer control is safely maintained and pose no risks when maintaining it
What is the supporting structure for HASWA?
Tier 2 = COMAH & COSHH,
Tier 3 = ACOP (Approved Codes Of Practise: not legally binding),
Tier 4 = guidance notes (offer advice)
Define substance
Any artificial substance whether a solid or liquid or gas or vapour
Define COMAH and the year it was established
Control Of Major Accidents Hazards 1999 (COMAH)
What does COMAH cover?
- More safety powers for before process is designed and before it is started up, on and off site emergency plans (tested)
- Prevent and mitigate effects of those major accidents involving dangerous substances
- Accident prevention reduce risk as low as reasonably practicable (ALARP) - used in first principles for cost benefit analysis => used if benefits outweigh cost
Define MAPP
Major Accident Prevention Policy (MAPP)
What does MAPP cover?
Management controls put in place to prevent such events occurring
• Roles, responsibilities and training needs of personnel
• Procedures for identifying hazards
• Procedures
• Change management
• Safety reviews/audit
• COSHH 1988
Define COSHH and the year it was established
Control Of Substances Hazardous to Health (COSHH) 1988
What does COSHH cover?
Workplace focus and prohibits imports of certain substances
Regulatory Structure and Power in the UK. What is the top layer called and what is its duties?
Top layer - Health and Safety Commission (HSC) => made up of union, government and employer representatives
Regulatory Structure and Power in the UK. What is the second layer called and what is its duties?
Next layer - HSE or (SEPA in Scotland) => ‘steering committee’, set policies and enforce them
What are the three main branches of HSE?
• Three main branches of HSE:
- Policy e.g. advise HSC, review H+S matters, maintain government contact
- Technology/scientific/medical - e.g. highest level of quality advice to industry and government, advise on extent of risks and environmental hazards etc.
- Field inspectors - implement control and existing regulations and provide guidance, inspectors and enforcers
How has safety developed in the UK since the industrial revolution?
Industrial revolution => factory act (1844), alkali act (1863);
1950/60 => process development - created loss prevention and environmental protection;
1990s => management systems
What are some employer duties to others? (HASWA)
Employers must have as far as reasonably practicable have regard for the safety of self-employed or contractors employees who may be working close to their own employees; and also for the health and safety of the public who may be affected by their firms activities.