HSWA Advice to Employees

8/10/2019 HSWA Advice to Employees

1/11

HSC

Health

&

Safety

Commission

Health and

Safety

at

Work

etc Act

Advice

to

employees


2/11

This leaflet is not an authoritative

interpretation

of

the

law,

butit is

designed

to

help

employedpeople

to

understand heir

duties

and

obligations

and

also

toadvise them of the

protection

theAct

gives

to

them.

INTRODUCTION

The

purpose

oftheHealth and

Safety

at Work etcAct

is to

provide

the

legislative

framework to

promote,

stimulateand

encouragehigh

standards

of

health and

safety

at work.

The aimof

the Act is to:

(a)

secure the

health,

safety

andwelfareof

persons

at

work;

(b)

protect persons

other than

persons

at work

against

risks tohealth or

safety arising

outof

or in

connection

with theactivitiesof

persons

at

work;

(c)-

control

the

keeping

anduse of

explosive

or

highly

flammable orotherwise

dangerous

substances,

and

generally preventing

the

jinlawfulacquisition,

possession

and use of such

substances;

and

(d)

control the emissioninto the

atmosphere

of

noxious oroffensive substances from

premises

of

any

class

prescribed

for

the

purpose

ofthis

paragraph.

Themain

provisions

ofthe

existing

Acts

covering

health and

safety

and

regulations

made under themwill

be

retained,

but will be

amended,

revisedor

repealed

as

necessary

over a

period

of

years.

The aim ofthe Act is

to involve

everyone

-

management

and

workpeople

-

and

to

make them

all

aware

of

the

importance

of

safety

andhealth.

The Act

applies

to

all

people

at work andalso

protects

the

general public

fromwork

dangers.

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DUTIES

OF

EMPLOYERS

The

general

duties of

employers

to their

employees

are

set down inSection2oftheAct.

Section

2(1)

It shall be the

duty

of

every

employer

to

ensure,

sofar as

reasonably practicable,

the

health,

safety

andwelfareat

work

of

all his

employees .

Section

2(2)(a)

the

provision

andmaintenanceof

plant

and

systems

ofwork that

are,

so far as is

reasonably

practicable,

safe andwithout risks to health .

This is a

general requirement covering

all

plant,

which

the Actdefinesas

including

machinery,

equipment

and

appliances

used at work. It does not

supersede

themore

detailedand

specific provisions covering

certain

equipmentcontained

in

existing legislation,

but

it

applies

toall

plant

used in

any

work

activity,

whetheror

not

subject

to

existing safety legislation.

Section

2(2)(b) arrangements

for

ensuring,

so far

asis

reasonably practicable, safety

and

absenceofrisks to

health

in

connection with the use,handling, storage and

transport

ofarticles andsubstances .

This subsectionis concerned with the materials and

substances,

whether insolid or

liquid

form or in the

formof a

gas

or

vapour,

so that

the subsection covers

everything

used

at

work

and

all work activities.

Section

2(2)(c)

The

provision

of such

information,

instruction,

training

and

supervision

as is

necessary

to

ensure,

so far as is


thehealth

and

safety

at

work

of

his

employees .

Section

2(2)(d)

So far as is

reasonably practicable

as

regardsanyplace

ofwork under the

employer's

control,

themaintenanceofit ina conditionthat is safe

andwithout risks tohealth and the

provision

and

maintenance

of

means

of

access

to

andegress from

it

that aresafe and

without

suchrisks .

Examples

of

problems

covered

by

this section are

given

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in

'The Act

outlined'

and

in

more detail in 'Advice

to

Employers'

inthis series of eaflets.

No

charge may

be leviedon

any

employee

for

anything

doneor

provided

tomeet

anyspecific

requirement

for

health and

safety

at work.

DUTIES OF

MANUFACTURERSAND

SUPPLIERS

Section6ofthe

Act

places

dujies on

persons

who

design,manufacture,import

or

supply articles

for

use

at

work.

They

are

required

toensure as far as is

reasonably practicable

that

any plant,

machinery,

equipment

or

appliance

is

so

designed

andconstructed

as to be safe

andwithoutrisk tohealth when used.

They

must also

carry

out

any

testing

orexamination

necessaryto achieve

this andthey

must ensure

that

adequate

information will be available about theuse

for

which itwas

designed

andabout

any

conditions

necessary

for its safe use.

A

person

who

erects or installs such

plants

etcmust

ensure

so far as

is


that

it

is

installedso as not tobe unsafe orarisk to health when

used.

A

person

who

manufactures,

imports

or

supplies any

substance

for

use

at

work

must ensurethat,

as far as

is


it is safe andwithoutrisk to

health when used. There are

requirements

for

testing,

examinationandresearch.Hemust also ensure that

there is

adequate

information

availableabout thisand

about

any

conditions

necessary

toensure that

it will be

safe

and

without risks to health when used.

EMPLOYEES

Theduties

placed

on

employed persons

are in

Sections 7

and

8

of

the

Act. Section reads

as

follows:

It shallbe the

duty

of

everyemployee

while at work

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An

Inspector

is

appointed

in

writing by

his

enforcing

authorityand

must when

required

to

do so

produce

a

copy

ofhis instrument of

appointment.

Duties

are

placed

on

Inspectorsby

Section

28(8)

ofthe

Act

to disclose

certain informationto

persons

employed

at

premises

to

which

the Act

applies, to

assist in

keeping

work

people adequately

informed

about matters

likely

to affect their

health,

safety

and

welfare. This

duty

is inadditionto that

placed

on the

employerby

Section

2(2)(c) (mentioned above)

and

may

include factual information obtained

by

the

Inspectorwhich relates

to

the

premises,

or

anything

being

done

there,

andinformation with

respect

to

any

action whichhe has takenor

proposes

to take

in,

or

in

connection

with,

the

premises.

The

Inspector

is re-

quired

to

give

the

employer

the same

information

as

he

gives

to the

employed

persons.

ENFORCEMENT

Ifan

Inspector

discovers a contraventionofoneofthe

provisions

of

health

and

safety law

he

can:

Issuea

prohibition

notice if here is a riskofserious

personal injury,

to

stop

the

activity

giving

rise to this

risk,

until theremedial action

specified

in

thenotice

has been taken. Thenotice can be issued whether ornot

there

is

a

legal

contravention,

and

it

can take

effect

immediately

orat a latertime. It

can

be

servedon the

person undertaking

the

activity,

oron a

person

in

control ofitatthe time thenotice was served.

Issue an

improvement

notice ifthere isa

legal

contravention

of

any

of

the relevant

statutory

provisions,

to

remedy

the faultwithin a

specified

time.

Thisnotice

may

be servedon

any person

who,

in the

opinion

ofan

inspector

is

contravening

orhas

contravenedarelevant

statutory provision.

Thiscould

include

not

only

the

employerbut (by virtue

of

S36(l))

any

other

person

such as a

manager

or

foreman

whose

act ordefault has

apparently

caused

thecontravention

by

the

employer.

Notices

may

also be served on

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employed persons

where

appropriate.

A

person

on

whom

a

notice

is

served

may

appeal

against

the

notice,

or

any

termsof

it,

toan

industrial

tribunal.

Prosecute

anyperson contravening

a relevant

statutory

provision

-

instead

of,

or inaddition

to,

serving

a notice.

Certain offences

maybe

prosecuted

only

summarily

in

a

magistrates

court in

England

and Wales or a Sheriff

courtinScotland. The

majority

ofoffences

may

be

prosecuted

either

summarily,

oron indictmentin the

Crown court in

England

and

Wales,

or the Sheriffcourt

in

solemn

procedure

inScotland.Inmost

cases,

where

offences

are

triable either way, they are nevertheless

prosecuted summarily

ifthe court and the defendant

consent to

this.

The maximum

fine,

on

summary

conviction,

formost

offences is

2,000.

There is no limit to the fine

on

conviction

on

indictment.Imprisonment

forup

to

two

years

canbe

imposed

forcertain offences.

Inaddition to

any

other

penalty,

theCourt canmake

anorder

requiring

the causeof theoffence

to

be reme-

died.

If a

person

on whom an

improvement

or

prohibition

notice is servedfails to

comply

with

it,

he is liable to

prosecution,

andfailure to

comply

with the

prohibition

notice could leadto

imprisonment.

Seize,

render

harmless

or

destroy

any

substance

or

article that he considers to be thecause ofimminent

danger

orserious

personal injury.

THE HEALTH AND SAFETY COMMISSION

TheHealthand

Safety

Commission consists of

representatives

ofbothsides of

industry

and the local

authorities.It is

responsible

for

developing policies

in

thehealth and

safety

field and for

making proposals

for

newhealth and

safety

regulations

to the

appropriate

minister.

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THE

HEALTH

AND

SAFETY EXECUTIVE

This is a

separate statutory

body

appointedby

the

Commission which works inaccordance with

directionsand

guidancegiven by

theCommission.

The Executive also enforces

legal requirements,

and

provides

an

advisory service

to

both

sides

of

industry.

The

majorinspectorates

in thehealth and

safety

field

arewithin theExecutive.

LOCALAUTHORITIES

Under heCommission's

guidance,

localauthorities

enforce the

legislation

in

allocated

areas of

employment.

In

general,

these are non industrial

activities .

Regulations

havebeen made

to allocate

responsibilities

forenforcement

of

the Act in

particular

classes

of

premises

to

local

authorities.

FURTHER INFORMATION

The

local offices

of

the

Health

and

Safety Executive,

which includeHM

Factory, Quarries, Agriculture,

Mines andNuclear Installations

Inspectorates

can

give

adviceon the

provisions

ofthis Actas

they

relate to

particular premises. Employers' organisations

and trade

associationscanalso

provide guidance.

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APPENDIX

Statutory provisions

ofActs ofParliament listed

below,

and

of

regulations

made under

them,

remain in

existence until

they

are

replaced by regulations.

The

means of

enforcing

them

have,

however,

been

changed

by

the

provisions

of he

1974 Act.

Short title

Provisions whichare

relevant

statutory

provisions

The

Explosives

Act

1815 ThewholeAct

except

sections

30 to

32,

80

and

116 to 121

The

Alkali,

etc. Works Thewhole

Act

Regulations

Act

1906

The

Employment

of Thewhole Act

Women,

Young

Persons

andChildrenAct 1920

The

Celluloid and

The

whole Act

Cinematograph

Film Act

1922

The

Explosives

Act

1923 The whole Act

The Petroleum

The

whole

Act

(Consolidation)

Act 1928

The Hoursof

Employment

Thewhole Act

(Conventions)

Act 1936

The Petroleum(Transfer

of

The whole Act

Licences)

Act

1936

TheFireworksAct

1951 Sections4and7

The

Agriculture (Poisonous

The whole Act

Substances)

Act 1952

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Short title Provisions whichare

relevant

statutory

provisions

The

Emergency

Laws Section 3

(Miscellaneous Provisions)

Act

1953

The Mines and

Quarries

ThewholeAct

Act 1954

except

section 151

The

Agriculture

(Safety,

The

whole Act

Health

andWelfare

Provisions)

Act 1956

TheFactoriesAct 1961 Thewhole Act

except

section 135

The Public Health Act 1961 Section 73

The

Pipelines

Act 1962

Sections 20 to

26, 33,

34 and

42,

Schedule5

The

Offices,

Shops

and

The

whole

Act

Railway

PremisesAct

1963

The Nuclear Installations Sections

1,

3 to

6,

Act

1965

22 and

24, Schedule 2

TheMines

and

Quarries

Sections 1 to 10

(Tips)

Act 1969

TheMines

Management

Thewhole Act

Act

1971

The

Employment

Medical Thewhole Act

except

Advisory

Service Act 1972 sections 1 and 6 and

Schedule 1

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