Health & Safety at Work Act 1974

Transcription

1 Health & Safety at Work Act 1974

2 The Health & Safety at Work etc Act 1974 is the main health and safety law and sets out what must be done by employers and employees The Act enables Regulations (e.g. Manual Handling Regulations) introduced either by Parliament or by EU Directive Failure to comply with health and safety law is a criminal offence punishable by fines and, in extreme cases, imprisonment

3 The Act sets out what general duties employers have towards their employees, members of the public and anyone affected by the work of the business, including contractors working on behalf of the employer, but not directly employed by them. The duties imposed by the Act are qualified in the Act by the principle of so far as is reasonably practicable. In other words, an employer does not have to take measures to avoid or reduce the risk that are technically impossible, or if the time, trouble or cost taken to reduce the risk would be grossly disproportionate to the risk.

4 Duties of the Employer include providing: Safe plant, machinery, etc Information, instruction, supervision and training to employees Safe place of work Welfare facilities and safe working environment Duties are General and expanded by Regulations, Case Law and HSE Guidance. Beware - the envelope is constantly being pushed

5 Duties of Employees include to: take reasonable care of themselves and others who may be affected by their acts or omissions cooperate with employers not to recklessly interfere with our misuse anything provided for their health and safety Duties are expanded by Regulations and Case Law Beware Employees DO get prosecuted and can (and have) been imprisoned The Safety Business Ltd

6 Charging Employees An employer cannot charge an employee for anything needed to comply with legislation. So if, for example, the risk assessment carried out as required by various regulations states that PPE is to be worn, it must be provided free of charge. It must also be replaced free of charge even if the employee, by willful negligence, fails to look after it. The employer may, however, instigate disciplinary procedures where such negligence can be shown.

7 The legislation enables enforcing authorities (e.g. HSE, Local Authorities, Fire Service) to appoint Inspectors who have specified powers: Inspectors have the right to access any premises at any reasonable time (or any time if they think that dangerous activities are taking place). They can seize documents, computers, machinery and other evidence they think appropriate. Where they believe that legal requirements are being breached, they can issue an Improvement Notice. This lays down where the inspector believes the breach is occurring and stipulates a period within which the breach must be remedied. Where the inspector believes that there is a risk of serious personal injury arising from any activities (either actual or planned), they can issue a Prohibition Notice the activity must stop immediately.

8 So far as is reasonably practicable has been established, to an extent, by Approved Codes of Practice produced by HSE and others (e.g. ACoP L74 First Aid at Work). These are NOT absolute requirements and are not laws in themselves. However, if you were not to follow the ACoP and an accident were to happen YOU have to prove that the procedure you used was safe. By following the ACoP you have a defence in law.

9 So far as is reasonably practicable can be demonstrated thus: There is a small risk that a staff refrigerator was set at the wrong temperature and there was a growth of bacteria causing food poisoning. The cost of a thermometer, about 5, is negligible compared to the consequences and a company would rightly be expected to provide this (and is indeed required to by the Food Hygiene Regulations)

10 BUT beware, the envelope is constantly being pushed what is considered unreasonable today may be mandatory tomorrow (e.g. smoking in the workplace today, any public place next?).