Health and Safety - Online Library

 

The Health and Safety at Work Act 1974

 

This is the main piece of legislation and it imposes a duty of care for everyone at work related to their roles.

Section 2 – Duties of Employers

The employer’s main duties are to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employers, in particular

• The provision of safe plant and systems of work
• The safe use, handling, storage and transport of articles and substances
• The provision of any required information, instruction, training and supervision
• A safe place of work including safe access and egress
• A safe working environment with adequate welfare facilities

Where 4 or more people are employed the employer must:

• Prepare a written general health and safety policy
• Set down the organization and arrangements for putting policy into effect
• Revise an update the policy as necessary
• Bring the policy and arrangements to the notice of all employees
• Consult safety representatives appointed by recognized trade unions

Section 3 – 5 – Duties of Owners/occupiers

It is the responsibility of all employers and in the case of the self employed themselves to ensure, as far as is reasonably practicable that persons in their employment are not exposed to any health & safety risks.

Section 6 – Duties of manufacturers/suppliers

Persons who design, manufacture, import or supply any article or substance for use at work must ensure as far as is reasonably practicable, that:

• They are safe and without risk to health when used in the appropriate manner and following manufacturers instruction
• Carry out tests that are deemed appropriate to ensure the required performance level has been reached
• Provide the appropriate operating guidelines including updates in order to perform their duties
• Carry our any necessary research to discover, eliminate or minimize any risks to health & safety

Section 7 – Duties of Employees

There are two main duties of the employee, these are:

• To carry our all duties using reasonable care towards health & safety and others who may be affected by their actions
• To cooperate with employers and others to enable them to fulfill their legal obligations

Section 8 – 9 Other Duties

Number of points to note in this section:

• No person may misuse or interfere with anything provided in the interest of health, safety or welfare in pursuance of any of the relevant statutory provisions
• Employees cannot be charged for anything done, provided, to comply with the relevant statutory provisions, for example, personal protective equipment required by health & safety legislation

Section 20 – 25 - Powers of Inspectors

Inspectors appointed under this act have the power to enter premises at any reasonable time (anytime in a dangerous situation) and to:

• Take a member of the police force with them
• Examine and investigate
• Carry out investigation and record findings
• Can issue an improvement notice, this states a failure to comply with the law and specifies a date by which the situation is remedied. Should you appeal within 21 days the notice is suspended until the outcome of the appeal has been reached.
• Can issue a prohibition notice, this is issued when a situation is identified that could involve a risk of serious personal injury (a contravention need not have happened) this can have an immediate effect and should an appeal be made the notice stays in affect until otherwise rescinded or altered.
• Initiate prosecutions

Section 33 – Offences

Magistrates Court

Should a person be prosecuted under the HSW Act they can attract a maximum fine of £5000 but in exceptional circumstances this can be as high as £20,000 and a possible six months in prison

Crown Court

The maximum sentence that can be issued is 2 years with the potential of unlimited financial penalties.