Health

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Health Safety at Work Etc. Act 1974
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Section 2 (1)-Employers Duty

• to ensure, so far as is reasonably practicable,
  the health, safety and welfare at work of all his
  employees

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Section 2(2)

• Provide and maintain plant systems of work that
  are, sfairp, safe and without risks to health.
• Have arrangements for ensuring, sfairp, safety
  and absence of risks to health in connection with
  the use, handling, storage and transport of
  articles substances.

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Section 2(2)

• Provide such information, instruction, training
  supervision as is necessary to ensure, sfairp,
  the health safety at work of his employees.
• Sfairp as regards any place of work under the
  employers control, maintain it in a condition
  that is safe and without risks to health, and
  provide and maintain means of access and egress
  that are safe and without such risks.

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Section 2(2)

• Provide and maintain a working environment for
  his employees that is, sfairp, safe, without
  risks to health, and adequate as regards
  facilities and arrangements for their welfare at
  work.

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Section 2(3)

• Prepare written general hs policy
• If 5 or more employees
• Organisation and arrangements for carrying out
  the policy
• Revise when appropriate
• Bring statement and any revision to notice of all
  employees

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Section 2(4), (5), (6) (7)

• Appointment of Safety Reps from Trade Unions
• Election of Safety Reps
• Consulting Safety Reps
• Establish a safety committee if requested by
  Safety Reps

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Section 3 (1)-Duties to Others

• It shall be the duty of every employer 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 by his
  work, are not exposed to risks to their health or
  safety.

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Section 3(2)

• Self employed to look after himself and others
  who may be affected by his work (sfairp)

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Section 3(3)

• Provide information on risks from employers
  undertaking to others who may be affected

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Section 4 Persons in Control of premises

• Ensure safety of people who work in the premises
• Criminal counterpart of Occupiers Liability Act

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Section 5-Control of harmful emissions into the
atmosphere

• Persons in control of premises to use best
  practicable means to prevent noxious or offensive
  substances being emitted into the air
• Also a duty to render harmless and inoffensive
  such substances as may be emitted
• The Environmental Protection Act 1990 places
  greater emphasis on this

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Section 6-Designers, Manufacturers, Importers
Suppliers

• Ensure that articles, sfairp, are so designed and
  constructed as to be safe and without risks when
  being set, cleaned, used or maintained by a
  person at work
• Articles must be tested and information provided
• Amended by Consumer Protection Act 1987

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Section 7-Duties of Employees

• Take reasonable care for health safety of
  himself and other persons who may be affected by
  his acts or omissions
• Co-operate with employer to enable him to meet
  his statutory obligations

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Section 8-Interference Misuse

• No person shall intentionally or recklessly
  interfere with or misuse anything provided in the
  interests of health, safety or welfare.
• One of the few duties under hs law where the
  guilty mind has to be proven (mens rea)

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Section 9 No Cost to Employees

• No employer shall levy, or permit to be levied on
  any employee of his, any charge in respect of
  anything done or provided in pursuance of any
  specific requirement of the relevant statutory
  provisions.

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Section 15

• Power to make regulations under the Act
• Proposals are submitted by HSC after consultation
  (CDs)
• Power to repeal or modify existing statutory
  provisions

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Section 16

• Gives HSC power to approve and issue ACOPs which
  provide guidance on how to comply with the Act
  and related legislation
• HSC requires consent of Secretary of State, but
  must consult first (CD)
• Examples
• SRSC Regs 1977
• Management of HS at Work Regs 1999
• COSHH 1999

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Section 18-Enforcement

• LAs retail sale, offices, catering,
  entertainment, residential accommodation etc.
• HSE All circumstances where no other authority
  has been given responsibility

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Section 19-Inspector Appointment

• Every inspector issued a warrant of appointment
  which specifies what powers they have been given

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Section 20-Powers of Inspectors

• Enter premises take policeman or others
• Investigate measurements, photographs, samples,
  tests
• Inspect/take copies of documents
• Confiscate or dismantle any article
• Interview anyone/take written statements

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Section 21-Improvement Notices

• When hs legislation is contravened
• Inspectors must specify the statutory provision
  breached and reasons why
• Inspectors may state what action is necessary to
  remedy matters (e.g. by referring to guidance or
  ACOPs)

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Section 22-Prohibition Notices

• When there is a risk of serious personal injury
• Prohibits the carrying on of the work activity
• Can be immediate or deferred
• Doesnt have to be breach of law
• If law is being broken, it must say so
• Must state the matters which give rise to the
  risk, and may include required remedial actions

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Section 33 Offences, Penalties and Prosecutions

• Summary, Indictment
• Fines
• Imprisonment

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Who can be Prosecuted?

• Section 37 If an offence committed by a
  corporate body was committed with the consent or
  connivance of or because of the negligence of a
  director, manager, secretary or other officer,
  then they are also guilty of the offence and may
  be prosecuted as well as the corporate body

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Who can be Prosecuted?

• Section 36 - If someone (person A) commits an
  offence because of an act or default of another
  person (person B), then person B will also be
  guilty of the offence and can be prosecuted,
  whether or not proceedings are taken against
  person A.

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Section 40-Exclusion of Civil Liability

• No right of civil action arising from failure to
  comply with Sections 2-8
• Breaches of any duties imposed by bs Regs are
  actionable unless the Regs themselves state
  otherwise (e.g. Management Regs (for now))