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Health and Safety at Work Act 1974 (UK)

 

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Health and Safety at Work Act 1974 (UK)

       ·       The act is general in nature
·       There is no reference to specific articles or substances
·       The act applies to all sectors

Specific duties of care for:

       ·       Manufacturers/suppliers of articles or substances
·       Employers
·       Employees

The health and safety at work act (HSWA) is an enabling act for specific regulations
Status in UK: legal requirement.
International: adopted as best practice and requested by LEEA member companies.

Notes: 

The Health and Safety at Work Act covers nearly all occupations. It is designed to protect people at work including staff, visitors, contractors and members of the public. The HSWA supersedes nearly all of the previous health and safety laws in the UK.

The main purposes of the Act are set out in section 1 as follows:

       ·       To secure the health, safety and welfare of persons at work
·       To protect other people from hazards arising from work
·       To control the keeping and use of dangerous substances and materials, including       
            explosives and highly flammable materials
·      To control the emission of noxious substances from certain premises

It sets out a framework of general duties, primarily on employers, but also on employees and the controllers of premises, and on designers, manufacturers, importers and suppliers in relation to articles and substances used at work. 

Regulations from the HSWA

Regulations are one form of delegated legislation made possible by section 15 of HSWA which gives powers to the secretary of state (UK) to make regulations for matters concerned with health and safety at work.
Regulations are not acts of Parliament but do have the support of the law and therefore must be complied with.
Regulations are increasingly drafted by reference to European Directives (these will be discussed at a later stage in this module).
There are many sets of regulations applying to health and safety. Some apply to all places of work and others are specific to particular industries, operations, substances, materials or premises.

Here are a couple examples of such regulations:

       ·       The Manual Handling Operations Regulations 1992
·       The Control of Substances Hazardous to Health Regulations 2002 

Health and Safety at Work Act Section 2

Duties of the Employer

“Duty to ensure so far as is reasonably practicable, the health, safety and welfare at work of all his/her employees”

       ·       Safe plant and systems of work
·       Safe use, handling, storage and transportation of articles and substances
·       Information, instruction, training and adequate supervision
·       Safe place of work and a safe means of access and egress
·       Safe working environment and adequate welfare facilities 

Health and Safety at Work Act Section 6

Duties of Designers, Manufacturers, Importers and Suppliers

  1. To ensure, so far as is reasonably practicable, that articles they design, construct,
  2. make, import, supply etc. are safe and without risk to health at all times e.g. when it
  3. is being set up, cleaned, used or maintained by someone at work
  4. To carry out or arrange such testing and examination necessary to perform the duties above
  5. To ensure that those supplying the item have adequate information about its designed and tested use. This includes essential conditions for dismantling and disposal
  6. Take steps to ensure, so far as is reasonably practicable, that those supplied are given updated information where it becomes known that the item gives rise to serious risk to health and safety

Health and Safety at Work Act Section 7

Duties of the Employees 

       ·       States that employees must not endanger themselves, or others, by their acts or omissions
·       Also, they must co-operate with their employers; as long as this does not lead to an 
           increased risk to health and safety, or is an illegal act; so that employers can comply with 
           their statutory duties 

This makes responsibility for safety a joint employer/employee effort


Management of Health and Safety at Work Regulations 1992 (Revised 1999) 

In addition to section 2 (2) c of the HSWA, the Management of Health and Safety at Work Regulations 1999 (MHSWR) require employers to ensure the effective planning, organisation, control, monitoring and review of preventive and protective measures. All these arrangements must be recorded and made known to employees. This is usually accomplished by the design of a company health and safety policy.

·       MHSWR underlines the requirements for employers to provide instruction and training

·       Employers must ensure that their personnel are properly trained to use any equipment necessary in the course of their work, but the regulations also place an obligation on employees to undergo such training and follow the instructions given by their employer

·       Operatives are required to only use equipment for which they are trained and to use it in the manner and for the purpose for which they have been trained 

                 


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