THE LAW
European Law
In recent years much of Britain’s health and safety law has originated in Europe. Proposals from the European Commission may be agreed by Member States, who are then responsible for making these Directives part of their domestic law. Modern health and safety law in this country, including much of that from Europe, is based on the principle of risk assessment. Sometimes European law requires prescription.
U K Law
The Health and Safety at Work etc. Act 1974 requires employers to provide whatever information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of their employees.
This is expanded by the Management of Health and Safety at Work Regulations 1999, which identify situations where health and safety training is particularly important, eg when people start work, on exposure to new or increased risks and where existing skills may have become rusty or need updating.
Employers must provide training during working hours and not at the expense of their employees. Special arrangements may be needed for part-timers or shift workers. Employers need to assess the risks to employees while they are at work and to any other people who may be affected by the way they conduct their business. This is so that they can identify the measures needed to comply with health and safety law, which includes training and the provision of information.
Many employers may not be in a position to provide this training on their own, in which case they will need competent help. If at all possible, they should appoint on or more of their employees. However, if there is no one with the relevant knowledge, experience and skills in the organisation who can be relied on to deal effectively with health and safety training, you need to enlist someone who has from outside. In some circumstances a combination of internal and external help may be needed.
The Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996 require employers to consult employees, or their representatives, on health and safety issues. Representatives appointed under either or these sets of regulations are entitled to time off with pay for training in their duties.
The Health and Safety (Training for Employment) Regulations 1990 ensure that learners doing work experience are covered by health and safety law. There are a number or other regulations that include specifiic health and safety training requirements, eg. asbestos and first aid.
The Health and Safety Commission (HSC) conduced a review of health and safety regulations in 1994. It found that people were confused about the differences between:
- Guidance;
- Approved Codes of Practice (ACOPs); and
- Regulations and how they relate to each other.
Guidance
HSE publishes guidance on a range of subjects. Guidance can be specific to the health and safety problems of an industry or of a particular process used in a number of industries.
The main purposes of guidance are:
- To interpret – helping people to understand what the law says – including for example how requirements based on EC Directives fit with those under the Health and Safety at Work Act:
- To help people comply with the law;
- o give technical advice.
Following guidance is not compulsory and employers are free to take other action. But if they do follow guidance they will normally be doing enough to comply with the law. HSC/E aim to keep guidance up-to-date, because as technologies change, risks and the measures needed to address them change too.
Approved Codes of Practice
Approved Codes of Practice offer practical examples of good practice. They give advice on how to comply with the law by, for example, providing a guide to what is ‘reasonably practicable’. For example, if regulations use words like ‘suitable and sufficient’, an Approved Code of Practice can illustrate what this requires in particular circumstances.
Approved Codes of Practice have a special legal status. If employers are prosecuted for a breach of health and safety law, and it is proved that they have not followed the relevant provisions of the Approved Code of Practice, a court can find them at fault unless they can show that they have complied with the law in some other way.
Regulations
Regulations are law, approved by Parliament. These are usually made under the Health and Safety at Work Act, following proposals from HSC. This applies to regulations based on EC Directives as well as ‘home-grown’ ones.
The Health and Safety at Work Act, and general duties in the Management Regulations, are goal-setting and leave employers freedom to decide how to control risks which they identify. Guidance and Approved Codes of Practice give advice. But some risks are so great, or the proper control measures so costly, that it would not be appropriate to leave employers discretion in deciding what to do about them. Regulations identify these risks and set out specific action that must be taken. Often these requirements are absolute – to do something without qualification by whether it is reasonably practicable.
Besides the Health and Safety at Work Act itself, the following apply across the full range of workplaces:
Where appropriate, regulations are in goal setting form: that is, setting out what must be achieved. Sometimes it is necessary to be prescriptive, which is spelling out in detail what should be done.
- Management of Health and Safety at Work Regulations 1999:
Require employers to carry out risk assessments, make arrangements to implement necessary measures, appoint competent people and arrange for appropriate information and training.
- Workplace (Health, Safety and Welfare) Regulations 1992:
Cover a wide range of basic health, safety and welfare issues such as ventilation, heating, lighting, workstations, seating and welfare facilities.
- Health and Safety (Display Screen Equipment) Regulations 1992:
Set out requirements for work with Visual Display Units (VDUs).
- Personal Protective Equipment at Work Regulations 1992:
Require employers to provide appropriate protective clothing and equipment for their employees.
- Provision and Use of Work Equipment Regulations 1998:
Require that equipment provided for use at work, including machinery, is safe.
- Manual Handling Operations Regulations 1992:
Cover the moving of objects by hand or bodily force.
- Health and Safety (First Aid) Regulations 1981:
Cover requirements for First Aid.
- The Health and Safety Information for Employees Regulations 1989:
Require employers to display a poster telling employees what they need to know about health and safety.
- Employers’ Liability (Compulsory Insurance) Act 1969:
Require employers to take out insurance against accidents and ill health to their employees.
- Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 (RIDDOR):
Require employers to notify certain occupational injuries, diseases and dangerous events.#
- Noise at Work Regulations 1989:
Require employers to take action to protect employees from hearing damage.
- Electricity at Work Regulations 1989:
Require people in control of electrical systems to ensure they are safe to use and maintained in a safe condition.
- Control of Substances Hazardous to Health Regulations 2002 (COSHH):
Require employers to assess the risks from hazardous substances and take appropriate precautions.
In addition, specific regulations cover particular areas, for example asbestos and lead.
Based on information contained in HSC13(rev1)
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