The Health And Safety At Work Act 1974

Question 1

HASWA 2 (1)
ERS to their EES

Answer 1

Every employer has to ensure SFARP, the health safety and welfare at work of all his EES

SFARP:
(Scale)
Risk. Control

Likelihood x Severity. Time, Effort, Cost, etc

Question 2

HASWA S2 (2)
Extent of the ERS duty SFARP...

Answer 2

a) provision and maintenance of Systems of work and plant that are safe and without risks
b) safe Transport storage handling and use of articles and substances
c) provision of Information Training Instruction and Supervision to ensure HS and W of EES
d) Premises which are safe including access and egress and maintenance
e) Environment, welfare, facilities which are safe and healthy for their EES

EXTRA -

(SSOW - systems of work that are safe and without risks to health “a formal procedure from systematic exam of a task in order to identify all the hazards. It defines safe methods to ensure that hazards are eliminated or risk minimised”. A SSOW is required to manage residual risk.

4 P’s for SSW -
Premises - Place of work, access, egress, environment, welfare, all plant and structures which are fixed e.g. wiring

Plant and Substances - Arrangements for handling, transport, storage and use

Procedures - Design of jobs and work procedures and all aspect of the way work is done

People - EES, competence for job, health surveillance needed, PTW)

Question 3

HASWA S2 (3)
ERS to their EES

Answer 3

The ER has an ABSOLUTE duty to provide a written statement (5+ EES) of his H and S policy (with intent to his EES) and the organisation and arrangements to enforce the policy

Must bring to the notice of all EES and revisions of…

Question 4

HASWA S2 (4 and 5)
ERS to their EES

Answer 4

Recognised Trade Unions to appoint safety reps to represent the EES in consultations with the ER

OR

Allow EES to elect safety reps directly from amongst the EES

Question 5

HASWA S2 (6)
ERS to their EES

Answer 5

The ER has an absolute duty to consult safety reps regarding arrangements for enabling EE cooperation in promoting, developing and checking measures to ensure the H and S at work of EES

Question 6

HASWA S2 (7)
ERS to EES

Answer 6

Every ER if requested by safety reps must establish a safety committee to review the measures taken to ensure the H and S at work of his EES

Question 7

HASWA S3

ERS and self employed to OTHERS

Answer 7

Every ER must ensure SFARP that persons not in his employment, who may be affected, are not exposed to risks to their H and S

Self employed persons are required to protect themselves and Others from risks to their own H and S

(This section allows for regulations to be made requiring the ER or Self employed person to provide relevant H and S information to non-EES)

Others-
Visitors
Contractors
Members of the public
Trespassers
Children
Other Employers (and their EES)

Question 8

HASWA S4

Duty of a person in control of a premises for H and S of non-EES

Answer 8

Any person who has (to any extent) control of:

• Work premises
• access or egress
• Any plant or substance in such premises

Has a duty to take all reasonable measures to ensure all are safe

(This duty overlaps with S2 and S3 which would take precedent when their is a clear ERS duty however this duty is applied when to ER is not present i.e. coin operated laundrette [landlord not ER] or a contractor servicing a lift in a multi occupied office block [site agent or landlord] )

Question 9

HASWA S6

Duties of designers, manufacturers, importers, suppliers (and installers)

Answer 9

Any person who designs, maintains, imports, or supplies any article or substance for use at work has duties to ensure SFARP

• the article or substance is safe and without risks to health when properly used
• research, testing or examination of the article or substance is properly undertaken
• adequate info is provided to ensure its safe use

Erectors or installers have a duty to ensure that an article used for work is erected/installed in a safe / without risk to health manner when properly used

(This includes:

• New and second hand articles (e.g. fairground equipment and their component parts) for sale or hire
• Items (though capable of domestic use) are designed to be used also at work
• all substances, microorganisms, which are supplied to work places)

Question 10

HASWA S7

EES at work

Answer 10

1. To take reasonable care for the H and S of himself and of other persons who may be affected by his acts or omissions at work
2. To cooperate with his ER so far as is necessary to enable the ER to comply with his own duties

Question 11

HASWA S8

Answer 11

Do not interfere with or misuse anything provided in the interest of H,S or Welfare

(This duty is imposed on all people including children, be they at work or members of the public)

Question 12

HASWA S9

ER not to levy a charge

Answer 12

Any ER cannot charge an EE (or allow an EE to be charged) for anything done to comply with H and S legislation e.g. pay for PPE, H and S training, etc.

Question 13

HASWA S20

HSE inspector ENFORCEMENT

Answer 13

A HSE inspector has the following rights under S20:

• Powers of entry
• Ask about EEs and tasks
• Survey health risks /equipment
• See records
• take photographs
• interview ER or EES
• Right to seize (S25)

Outcome of a HSE visit (in order of severity)

1. ADVICE - verbally or in writing about improvements (FREE)
2. NOTIFICATION OF CONTRAVENTION - letter about H and S law you have broken and how and what to do to fix (PAY for costs incurred FFI)
3. IMPROVEMENT NOTICE - what’s wrong / changes needed / how long to do (at least 21days) (FFI)
4. PROHIBITION NOTICE — Risk of serious personal injury, stops you from continuing until made safe (FFI)
5. PROSECUTION - for breaking H and S law or failing to comply with and Imp Notice or a Prohib Notice

FFI

• cost for entire origins visit
• preparing reports
• getting specialist advice
• talking to you after the visit
• talking to your workers

If you disagree
Present a claim to tribunal office within 21 days
-this will suspend an Imp Notice but not a prohibition notice

Question 14

HASWA S36

Offences due to the fault of another

Answer 14

If an ER commits an offence because of an act or fault of a consultant, then sect 36 allows the consultant to be charged and convicted of the offence (instead of or as well as the ER)

(The ER could be prosecuted under S2 - ERS duty to EES, as better selection was required)

Question 15

HASWA S37

Offences of a body corporate

Answer 15

If an offence committed by an organisation is proved to have been done with the

Consent, Connivance or Neglect
Of any director, senior manager, etc.

that person may also be charged and convicted of the offence

(Personal Liability)

Question 16

HASWA S40

Onus of proving limits of what is practicable

Answer 16

In order to defend a criminal case the accused would have to show they had done all that was Practicable or Reasonably Practicable

(If an ER failed to comply with a duty the ER would have to prove it wasn’t practicable to do so…)

Question 17

HASWA S47

Civil liability

Answer 17

A civil claim for injuries incurred as a consequence of a breach of H and S regs is NO LONGER ALLOWED unless an exception has been created

(You now cannot bring a civil claim under Tort of Breach of Statuary Duty for injuries incurred as a consequence of a breach of H and S regs, unless exceptional)