SECTIONS OF THE HASAWA Flashcards
Learn the sections of the HASAWA
Is the HASAWA criminal or civil law?
It is Criminal Law
The HASAWA is what type of act? And what does this mean?
It is an enabling act. This means that, although it is Statute law, regulations can be produced by the HSE on behalf of the Secretary of State without Acts of Parliament.
What are the roles and activities of the HSE?
Enforce HS regulations. Advise on regs. Provide information to organisations through ACoPs, publication, guidance notes etc… Undertake accident investigations. Take enforcement action. Launch HS national campaigns.
What is a HS regulation?
A reg. states the law. Often implement EU directives. Breaches are criminal offences possibly leading to enforcement action. Describe the minimum standards that need to be met.
What is an Approved Code of Practice?
A practical interpretation of regulations that gives more detail on the regulatory requirements. ACoPs are legally binding if the particular regulations indicate that they are.
Describe HSE guidance notes
There are two forms, Legal and best practice. They are not legally binding and they give more informative and practical advice than ACoPs
What is Section 2?
The duties of employers to employees. - ensure, SFARP , the health and safety and welfare of all employees.
What is Section 3?
Duties of employers to others affected by their undertaking.
What is Section 4
Duties of landlords or owners
What is Section 6?
Duties of suppliers
What is Section 7?
Duties of employers - take care for the health and safety of themselves and others thst may be affected by their acts or omissions - cooperate with the employer to ensure compliance with statutory health and safety duty
Sections 8?
No person to misuse anything provided for health safety or welfare purposes.
Section 9?
To not put a levy on employees. They cannot be charged for anything to do with health and safety.
What is a Fee for Intervention
The FFI scheme places a duty on HSE to recover its costs for carrying out its regulatory functions from those found to be in material breach of health and safety law.
What are the powers of HSE inspectors?
Enter the premises at any reasonable time, accompanied if necessary by the police. To examine investigate and require the premises to be left undisturbed. Access documents. Take samples and photos. Take statements. Seize and destroy unsafe items or substance. Issue notices
