The Health And Safety At Work etc. Act 1974

Question 1

The Health and Safety at Work etc. Act 1974 is an (ENABLING ACT), what does this mean?

Answer 1

• This allows regulations to be produced by the HSE on behalf of the Secretary of State without needing to pass further acts of Parliament
• This also applies to Regulations based on EU Directives
• The HSW Act, details (General Duties) which helps employers to set goals, but leave them free to decide how best to control hazards and risks

Question 2

Section 2, (HASAWA) 1974

subsection 2

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

Answer 2

• the provision and maintenance of plant and systems of work that are safe and without risks to health;
• arrangements for ensuring health and safety with the use, handling, storage and transport of articles and substances
• the provision of information, instruction, training and supervision to ensure, the health and safety at work of employees
• maintenance of any workplace, under his control, in a healthy and safe condition, including any means of access and egress
  and
• the provision and maintenance of a safe and healthy working environment with adequate facilities and arrangements for the welfare of
  employees at work

Question 3

Section 2, (HASAWA) 1974
subsection 1

List the:
General duties of employers to their employees

Answer 3

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

Question 4

Section 2, (HASAWA) 1974

subsection 3

Answer 4

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.

The statement and any revision of it has to be brought to the notice of all of employees

Question 5

Section 2, (HASAWA) 1974

subsection 4 and 5

Answer 5

Regulations allowing:

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

Question 6

Section 2, (HASAWA) 1974

subsection 6

Answer 6

The employer has an absolute duty to consult safety representatives regarding arrangements for:
- Enabling employees to cooperation in promoting, developing and checking measures to ensure the health and safety at work of his employees.

Question 7

Section 2, (HASAWA) 1974

subsection 7

Answer 7

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

Question 8

Section 3, (HASAWA) 1974

Duties of employers and the self-employed to others

Answer 8

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.

Question 10

Section 4 of the (HASAWA) 1974

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

Answer 10

Any person who has, to any extent control of:
- work premises;
or of
- the means of access or egress;
or of
- any plant or substance in such premises

Question 12

Section 6 of the (HASAWA) 1974

Answer 12

Duties of designers, manufacturers, importers, suppliers and installers

• Any person who designs, manufactures, imports, or supplies any article or substance for use at work has duties to ensure, so far as is reasonably practicable:
• that the article or substance is safe and without risks to health when properly used
• any necessary research and testing or examination of the article or substance is properly undertaken
  and
• All necessary information must be provided regarding the article or substance and the safeguards to be observed when using or storing it.

Question 13

Section 8 of the (HASAWA) 1974

Answer 13

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

Question 14

Section 9 of the (HASAWA) 1974

Duty of employer not to levy a charge on employees

Answer 14

The employer cannot charge an employee (or allow an employee to be charged) for anything done or provided:
to comply with health and safety legislation

Question 15

Section 40 of the (HASAWA) 1974

Onus of proving limits of what is Practicable etc

Answer 15

In proceedings for an offence consisting of a failure to comply with a duty or requirement to do something :

so far as is practicable
or
reasonably practicable,

the accused has to prove that it was not practicable or not reasonably practicable to do more than was done

Question 16

Part 1 (HSWA) Duties of Employees

Section 7 and 8

Answer 16

Section 7(a) 
Exercise reasonable care for their own health and safety and the health and safety of anyone who may be affected by their acts or omissions.

Section 7(b) 
Co-operate with their employers to meet legal obligations 

Section 8
Neither intentionally nor recklessly interfere with or misuse anything whether plant, equipment or methods of work, provided by their employer to meet obligations under this or any related legislation.

Question 17

Section 36 of the (HASAWA) 1974

Offences Due to Fault of Another Person

Answer 17

If person ‘A’ commits an offence because of an act or through fault of person ‘B’, then person ‘B’ may also be charged and convicted of the offence as well as, or instead of person ‘A’

This includes advice from Health and Safety Officials

Question 18

What are Approved Codes of Practice (ACoP)?

Answer 18

These are brought in to supplement statutory legislation such as Acts and Regulations.
They give guidance on the general requirements and explain how the requirements can best be adequately implemented. This effectively allows standards to be kept current by altering the ACOP rather than having to amend the legislation.
Failure to comply with an ACOP is not in itself an offence, but failure is held to be proof of contravention unless the defender can show the compliance was achieved in some other way.

• Supplementary practical interpretation of regulations that gives more detail on the regulatory requirements
• Special legal status - quasi-legal because it may be possible to comply with regulations by some other more effective practice
• ACoPs are legally binding if the particular regulations indicate that they are or if they are quoted in an Enforcement Notice
• Approved Codes of Practice give advice, but employers are free to take other routes to achieving their health and safety goals, so long as they do what is reasonably practicable

Question 19

What is meant by Guidance, in the context of health and safety

Answer 19

There are two forms of guidance
- Legal
- Best practice
both are available as HSE publications.
- Not legally binding
- Gives more information and practical advice than ACoPs
- Also often available as British Standards and as industrial or trade guidance

Question 20

Section 37 of the (HASAWA) 1974

Offences by a Body Corporate

Answer 20

Where an offence committed by a body corporate is proved to have been committed with the:
(consent, connivance, or neglect)
Of any director, manager, secretary or similar officer, the director may also be charged and convicted of the offence

Question 21

Part 1 (HSWA) DUTIES OF EMPLOYERS

Answer 21

• Section 2(1) Employer must protect the
  HS at work of all their employees
• Section 2(2)a Provide and maintain plant and
  systems of work that are safe and without risk to
  health
• Section 2(2)b Ensure safety and absence of risks
  in the use, handling, storage and transportation
  of articles and substances
• Section 2(2)c Provide information, supervision
  and training to ensure the HS of employees
• Section 2(2)d Provide safe place of work, safe
  access/egress, safe working environment
• Section 2(2)e Provide adequate welfare facilities
  and arrangements
• Section 2(3) Produce written HS policy where 5
  or more persons employed
• Section 3(1) and 3(2) Ensure that activities do not
  endanger persons NOT in their employment who
  may be affected by their operations
• Section 2(4), (6) and (7) Consult union safety
  reps and establish safety committee when
  requested by 2 reps
• Section 9 Do not levy charge for anything
  provided in pursuance of the statutory provisions
  .