The Health And Safety At Work Act 1974

Question 1

Key objectives of the HASAWA

Answer 1

Securing the health,safety and welfare of people at work

Protecting people other than those at work against risks to their health and safety arising out of work activities

Question 2

(HASAWA) applies to what

Answer 2

Applies to all types of work activities and situations imposes duties on everyone concerned with work and work activities including
employers
 the self-employed
 employees
 manufacturers
 designers
 suppliers
 people in control of premises.

Question 3

Main Duties of the HASAWA

SECTION 2

Answer 3

Section 2: General duties of employers to their employees

Question 4

SECTION 2 : (1) of the HASAWA

Answer 4

(1) Every employer has to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

Question 5

Section 2: (2) of the HASAWA

Answer 5

Examples of the extent of the general duty include, so far as is reasonably practicable:

a) the provision and maintenance of plant and systems of work that are safe and without risks to health

(b) arrangements for ensuring health and safety with the use, handling, storage and transport of articles and substances

(c) the provision of information, instruction, training and supervision to ensure, the health and safety at work of employees

(d) maintenance of any workplace, under his control, in a healthy and safe condition, including any means of access and egress

(e) the provision and maintenance of a safe and healthy working environment with adequate facilities and arrangements for the welfare of employees at work.

Question 6

Section 2: (3) of the HASAWA

Answer 6

(3) The employer has an absolute duty (shall) to prepare and revise, as necessary, a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements in force for carrying out the policy.

Question 7

What do sections (4) and (5) of the HASAWA say

Answer 7

The statement and any revision has to be brought to the notice of all of employees. Subsections (4) and (5) allow the Secretary of State to make regulations allowing:

 recognised trade unions to appoint safety representatives to represent the employees in consultation with the employer

 direct election by employees of safety representatives from amongst the employees.

Question 8

Section 2: (6) of the HASAWA

Answer 8

(6) The employer has an absolute duty to consult safety representatives regarding arrangements for enabling employee co-operation in promoting and developing and checking measures to ensure the health and safety at work of the employees.

Question 9

Section 2: (7) of the HSAWA

Answer 9

(7) The duty of every employer, if requested by safety representatives, is to establish a safety committee to keep under review the measures taken to ensure the health and safety at work of his employees.

Question 10

Section 3: of the HASAWA

Answer 10

Section 3: Duties of employers and the self-employed to people who are not their employees

Every employer and self-employed person has a duty 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, are not exposed to risks to their health and safety

The section also allows for Regulations to be made requiring the employer / self-employed person to provide relevant health and safety information to non-employees.
Section 3 was amended by the Deregulation Act 2015. From October 1st 2015 the self-employed person’s duty to conduct his undertaking in such a way that ensures, so far as is reasonably practicable, that the health and safety of persons not in his employment is not adversely affected only relates to undertakings of a ‘prescribed description’.

Question 11

Who does the HASAWA apply to

Answer 11

Employers
Employees
Self employed 
Manufactures
Designers
Suppliers
Landlords

Question 12

Section 4 of the (HASAWA)

Answer 12

Duty of person in control of premises for health and safety of non-employees

Question 13

Section 6 of the (HASAWA)

Answer 13

Duties of designers manufacturers importers suppliers and installers

Question 14

Section 7 of the HASAWA

Answer 14

General duties of employees at work

Question 15

Section 8 of the HASAWA

Answer 15

Duty to not interfere with or misuse anything provided in the interests of health, safety or welfare.

Question 16

Section 9 of the HASAWA

Answer 16

Duty of employer

not to levy a charge on employees.

Question 17

Section 36 of the HASAWA

Answer 17

Offences due to fault of another person

Question 18

Section 37 of the HASAWA

Answer 18

Offences by a body corporate

Question 19

Section 40 of the HASAWA

Answer 19

Onus of proving limits of what is practicable etc