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C o n s t ruction Health and Safety

H E A LTH AND SAFETYAT WORK etc. ACT 1974and associated Regulations and Approved Codes of Practice

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N O T E :

Whilst every care has been taken to ensure accuracy withinthis work, no liability whatsoever is accepted by ConstructionHealth and Safety, its sponsoring organisations and theiradvisers in respect of the information given.

No material from this book can be reproduced in any shapeor form without written permission from the publishers.

Printed in Great Britain by Lithoflow, 32-36 Ay l e s b u ry Street, London EC1R 0ET.Published by the Construction Confederation,

C o n s t ruction House, 55 Tufton Street, London SW1P 3QL

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I N T R O D U C T I O NThe Health and Safety at Work etc. Act 1974

implemented, many of the recommendations of the RobensCommittee on Safety and Health at Work. The Act consists offour main parts and nine associated schedules.

P a rt I contains the provisions relating to health, safety andw e l f a re at work.

P a rt II concerns the Employment Medical AdvisoryS e rv i c e .

P a rt III modifies the law relating to building re g u l a t i o n sunder the Public Health Act 1936. It is not relevant to theremainder of HASWA and is not dealt with in this manual.

P a rt IV contains a number of miscellaneous and generalp ro v i s i o n s .

The principal schedules are Schedule I which eff e c t i v e l ycontinues in force certain existing enactments, and Schedule3 which lists topics that may form the subject matter of futurere g u l a t i o n s .

Most of the sections of Parts I, II and IV of the Act havebeen in effect since April 1, 1975. However, some re q u i reregulations to be made to activate them. This is indicated bysuch phrases as Regulations made by the Secre t a ry of Statemay provide for . . . or In prescribed cases . . . Forexample, under General dutiesSection 2, sub-Sections (4),(6) and (7) were not effective until the coming into force ofthe Safety Representatives and Safety CommitteesRegulations on October 1, 1978.

Section 53 This Section is important in that it sets out alist of words and phrases used thro u g h o u t

P a rt I, with interpretations of their meaning within the Act.

A P P L I C AT I O NAll persons at work whether employers, employees or

self-employed are covered with the exception of domestics e rvants in private dwellings.The legislation protects not only people at work, but also thegeneral public where their health or safety may be aff e c t e dby the work being done.

The Employment Protection Act 1975 repealed thosesections of HASWA (Sections 29 to 32 and others) whichexclude agriculture from the responsibilities of the Healthand Safety Commission and Executive. The Act now appliesto agriculture in the same way as it applies to otheri n d u s t r i e s .

The Act applies to England and Wales and, except formost of Part III, to Scotland. Separate, similar, legislationapplies to Nort h e rn Ireland and other parts of the U.K.

Section 84 O rders in Council may extend re q u i re m e n t sof Parts I, II and IV outside Great Britain.

For example, the Health and Safety at Work etc. Act1974 (Application outside Great Britain) Order 1995applies, most of Part II and three sections of Part IV of theAct to off s h o re installations and pipelines within terr i t o r i a lwaters and areas designated under the Continental ShelfAct 1964. Work in connection with off s h o re installations

such as construction, re c o n s t ruction, alteration, re p a i r,maintenance, cleaning, demolition and dismantling isalso covered. Additionally the Order applies the samesections of the Act to construction work, diving operationsand other activities to do with vessels within terr i t o r i a lwaters, and to mines extending under the sea within orbeyond territorial waters.

The Off s h o re Safety Act 1992 brought all off s h o reactivities within the scope of the Act from 6 March 1992,all existing off s h o re safety legislation becoming existings t a t u t o ry pro v i s i o n s .

PA RT IP a rt I of the Act aims to:

( a ) s e c u re the health, safety and welfare of people at work;( b ) p rotect other people from risks arising out of work

a c t i v i t i e s ;( c ) c o n t rol the keeping and use of explosive, highly

flammable and dangerous substances;b yp ro g ressively replacing the existing relevant statutoryp rovisions with a system of regulations and codes ofpractice designed to maintain or improve existings t a n d a rds of health, safety and welfare .

Health and Safety at Work etc. Act 1974

P re f a c eThis is a general guide, for the information of the

c o n s t ruction industry, to the main provisions of theHealth and Safety at Work etc. Act 1974. It does not

p u r p o rt to be either a comprehensive or a pre c i s ei n t e r p retation of the Act.

For the convenience of readers who may wish torefer to the Act, some of the more important sectionnumbers are quoted against the re l e v a n tp a r a g r a p h s .


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H E A LTH AND SAFETY COMMISSION

Section 10 The Health and Safety Commission hasbeen established as the national authority

for all health and safety at work matters. It consists of apart-time chairman and between six and nine part-timemembers re p resenting employer, employee, localauthority and other interests.

The Commission is the policy-making bodyresponsible to the Secre t a ry of State for makinga rrangements to implement the enabling measure scontained within the Act.

Section 11 P a rticular duties of the Commission in-clude making arrangements for re s e a rch to

be carried out and the results published, and training andi n f o rmation to be provided, also arranging that personsand organisations concerned with health and safety atwork are provided with an information and advisorys e rvice. It has also to make proposals to the Secre t a ry ofState for such regulations as it considers appro p r i a t e ,a n d

Section 14 has the power to direct the Executive orothers to investigate accidents or dangerous

occurrences, and to make reports.To advise the Commission on the special pro b l e m s

and re q u i rements of the construct ion indust ry acommittee the Construction Industry AdvisoryCommittee has been set up. Membership consists ofre p resentatives of the employer organisations and thetrade unions involved in the industry. The chairman andthe secretariat are provided by the Health and SafetyExecutive.

H E A LTH AND SAFETY EXECUTIVEThe Health and Safety Executive is co-ordinated by a

Director General and two other members appointed bythe Commission. It is the executive wing of theCommission and acts in accordance with directions andguidance given by the Commission. HSE inspectoratesa re the main enforcing authorities for legislation onhealth and safety at work.

In certain premises, enforcement duties areu n d e rtaken by local authority inspectors under theguidance of the Commission.

The table (page 0 12) lists the 18 regional officesof the HSE and the local authority areas which theyc o v e r. In addition to construction inspectors in each

regional office, the Construction Sector is based in theLondon South East Region office and is responsible forco-ordinating the activities of all construction inspectorsin the field. The Construction Sector acts as the main linkbetween the construction industry and the varioussections of the HSE, and also provides the chairman ands e c re t a ry of the Construction Industry AdvisoryCommittee. Inspectors specialising in construction arebased in HSE headquarters in Bootle as well as inRegional Support Group offices.

H E A LTH AND SAFETY REGULAT I O N S

The Act is supported by regulations and appro v e dcodes of practice which are gradually replacing existings t a t u t o ry provisions (see Schedule 1 page 0 10).

Section 11 The Commission has a duty to propose toSection 15 the Secre t a ry of State health and safety

regulations which it considers to bea p p ropriate, in accordance with the list contained inSchedule 3 of the Act.

The Commission must, however, consult before h a n dwith appropriate interested bodies. This it does by issuingconsultative documents (or in some cases discussiondocuments) seeking comment on the proposals. The

Commission additionally seeks guidance from industrya d v i s o ry committees such as the Construction Industr yA d v i s o ry Committee.

APPROVED CODES OF PRACTICE

Section 16 W h e re it is necessary to provide practicalguidance on the re q u i rements contained in

Sections 2 to 7 of the Act, or on health and safetyregulations, or any of the existing statutory provisions, theCommission has the power to approve and issuecodes of practice. It may also approve codesissued by other bodies (for example, industry advisorycommittees, the British Standards Institution etc.). Asin the case of regulations, consultations with intere s t e dbodies must take place before codes of practice area p p ro v e d .

Section 17 A p p roved codes of practice have a specialstatus in a court of law. They are not

s t a t u t o ry re q u i rements in themselves but may be used incriminal proceedings as evidence that statutoryre q u i rements have been contravened. If a prosecution foran infringement of a regulation takes place and there isan appropriate approved code of practice linked withthat regulation, it will be for the accused organisation or

person to show that the provisions of the code wereo b s e rved, or that what was done was equally effective orbetter than that recommended by the code.

GENERAL DUTIES

Sections 2-9 Specific processes or activities are govern e dby regulations and approved codes of

practice, but the overriding general principles of the Actapply wherever people work. These general principlesand duties are spelled out as follows.

General duties of employers to theire m p l o y e e s

Section 2(2) Employers have a duty to ensure the health,safety and welfare at work of their

employees, particularly by:( a ) p roviding and maintaining machinery, equipment

etc. and systems of work that are safe and withoutrisks to health;

( b ) a rranging safe and healthy systems of use,handling, storage and transport of machinery,equipment or appliances and solid, liquid or

gaseous natural or artificial substances;( c ) p roviding whatever information, instruction, training

and supervision is necessary to ensure health andsafety at work;

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( d ) maintaining any workplace under their control in asafe and healthy condition and;p roviding and maintaining means of access to andf rom the workplace that are safe and without risks toh e a l t h ;

( e ) p roviding and maintaining working enviro n m e n t swhich are safe, without risks to health and haveadequate facilities and arrangements for the welfareof employees whilst at work.

Each of the above duties is qualified by the legal termso far as is reasonably practicable.

The general interpretation of this phrase is that the costof measures necessary to avert a risk (whether in time,money or trouble) may be assessed against the degree ofrisk. At the extremes, an employer will be considered tohave discharged his duty if he can show that the risk wasv e ry remote and could only have been averted at anu n reasonably high cost; where the risk is high, measure smay need to be taken re g a rdless of cost.

It must be pointed out, however, that in anycriminal proceedings under the Act the onusis placed by Section 40 on the accused to prove that itwas not reasonably practicable to do more than was infact done to satisfy a duty or re q u i re m e n t .

Section 2(3) All employers (except those with less thanfive employees see References) must

p re p a re and bring to the notice of all employees a writtenstatement of their general policy with respect to the healthand safety at work of their employees. The policystatement, which must be revised as often as necessary,also has to set out the organisation and arrangements forc a rrying out the policy which are currently beingoperated at the workplace.

Guidance on the factors to be considered whenp reparing an effective safety policy is given on pages 1-3 to 1-10.

Section 2(4), 2(6) and 2(7) These sections of the Act

a re concerned with the appointment of safetyre p resentatives by recognised Trade Unions, consultationsbetween safety re p resentatives and their employers and theestablishment of safety committees. Regulations haveb roadened this area of consultation to include non-unionemployees. See Section 0A for further details.

General duties of employers andself-employed to persons other than theire m p l o y e e s

Section 3 Employers have a duty to carry out theirwork in such a way that persons not in their

employment who may be affected by it are not exposedto risk to their health or safety. This Section pro v i d e sp rotection to anyone (including members of the generalpublic) who might be affected by work activities as wellas to the employees of other employers concerned withthe work.

In a similar way the self-employed person must carryout his work in such a way that he does not create forhimself, or any other person, risks to health and safety. Asin Section 2, the duties are qualified by the phrase so faras is reasonably practicable.

Section 3 also indicates that regulations may be maderequiring employers and self-employed persons to give to

people (not their employees) who may be aff e c t e d ,i n f o rmation about such aspects of the way work is beingc a rried out as might affect their health or safety (seeSection OB).

General duties of persons concerned withp remises to persons other than theire m p l o y e e s

Section 4 Duties are imposed on those who have toany extent control over non-domestic

p remises which are used by people (not their employees)as a place of work or as a place where they may usem a c h i n e ry, equipment etc. or substances which havebeen provided for their use.

The person having any control over the premises, themeans of access, or of any plant or substance in thep remises, has a duty to ensure that so far as re a s o n a b l ypracticable, they are safe and without risks to health.

Any person who has, through a contract or tenancy,an obligation of any extent in relation to maintenance orrepair of the premises or the means of access, or forg u a rding against hazards from the plant or substancest h e re, will be re g a rded as the person who has control ofthe premises, and who has the above duty to the extent ofhis obligations (see Section OB).

General duties of manufacturers etc. asre g a rds articles and substances for use at

w o r k

Section 6 Section 6 (1) places duties on designers,m a n u f a c t u rers and suppliers of ar t i c l e s

(plant, tools and, equipment, etc), for use at work and off a i rg round equipment to:-( a ) e n s u re, so far as is reasonably practicable, that the

a rticle has been designed and manufactured in sucha way that it is safe and without risk to health whilstbeing either set, used, cleaned or maintained,

( b ) make arrangements for any testing and

examinations which may be necessary to satisfy there q u i rements of (a) above,( c ) a rrange for the supply to users of adequate

i n f o rmation on the proper use of the article and onany conditions to be observed to ensure that there isno risk from it, both under the circumstances re f e rre dto in (a) above, or during dismantling and disposal,

( d ) make arrangements to ensure, so far as isreasonably practicable, that the inform a t i o np rovided in accordance with (c) above, is updatedin the light of new knowledge or experience andpassed to existing users.

Section 6(4) places duties, similar to the above, onm a n u f a c t u rers, importers and suppliers of

substances for use at work to ensure, so far as ispracticable, that the substance will be safe and withoutrisks to health at all times and to ensure the provision ofadequate and up to date inform a t i o n .

Section 6(2), 6(5) and 6(6) re q u i re designers andm a n u f a c t u rers of articles and substances to

c a rry out, or have carried out for them, re s e a rch toe n s u re the discovery and so far as is re a s o n a b l ypracticable, the elimination or minimisation of any riskf rom the article or substance. Section 6 (6) states thatsuch re s e a rch carried out by others, does not have to berepeated, provided the results are considered re l i a b l e .

Section 6(3) re q u i res anyone erecting or installing an

a rticle for use at work to ensure, so far as isreasonably practicable, that it is erected or installed insuch a way that it will be safe and without health risk tothe user.

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Under Section 6 (8) w h e re a user of an article gives awritten undertaking to take specific steps to ensure, so far asis reasonably practicable, that the articles will be safe andwithout risk to health, the designer, manufacture r, import e ror supplier is relieved of his duties under Section 6 (1) (a).

Under Section 6 (10) the duty to ensure that an article orsubstance is safe and without risks to health, extends onlyto foreseeable risks, all of which should be covered in the

i n f o rmation supplied to the user.

General duties of employees at work

Section 7 Employees duties are two-fold:( a ) the employee must take reasonable care for the

health and safety of himself and others who may bea ffected by his actions or omissions at work;

( b ) he must co-operate with his employer or anyone elsew h e re co-operation is necessary to enable them tocomply with their statutory duties.

Duty not to interf e re with or misuse thingsp rovided pursuant to certain pro v i s i o n s

Section 8 E v e ryone is placed under a duty not tomisuse anything provided under a statutory

re q u i rement in the interests of health or safety at work.

Duty not to charge employees for things

done or provided pursuant to cert a i nspecific re q u i re m e n t s

Section 9 An employer is not allowed to charge hisemployees for anything done or pro v i d e d

for health or safety purposes to comply with a specifics t a t u t o ry re q u i rement eg the provision where re q u i red ofsafety footwear and safety helmets, training etc.

E N F O R C E M E N T

Section 18 Inspectors of the Health and Safety

Executive are responsible for enforcing there q u i rements of HASWA, and regulations made under itexcept where the Secre t a ry of State provides otherw i s e .

The Health and Safety (Enforcing Authority) Regulations1998 determine whether the local authority will be thee n f o rcing authority. Most construction work remains underthe control of the Health and Safety Executive. The text inOC-20 describes the circumstances in which theC o n s t ruction (Design & Management) Regulations 1994(as amended) will apply.

Powers of inspectors

Section 20 An inspector appointed with all the powersspecified under Section 20 has very wide

powers of entry to carry out examinations and

investigations, and may re q u i re that premises, andanything contained therein, be left undisturbed longenough for the completion of investigations.M e a s u rements, photographs, re c o rdings and samplesmay be taken. The inspector may take possession of oro rder plant and equipment to be dismantled orsubstances tested if he considers them to be likely tocause danger to health or safety.

An inspector has a right to ask any person for

i n f o rmation, to ask questions relevant to the investigationstaking place, and to re q u i re that person to sign adeclaration of the truth of the answer given though,under Section 20 (7), such answers cannot be used inevidence against him. The production of books anddocuments re q u i red by the Act or appro p r i a t eRegulations can be demanded by the inspector forinspection and copying.

Section 25 If the inspector considers that plant,equipment or substances could cause

immediate serious personal injury he may seize andcause it to be re n d e red harmless or destro y e d .

Section 28(8) For the purpose of enabling employedpersons to be adequately informed about

matters affecting their health, safety and welfare, aninspector has a duty to give them or their re p re s e n t a t i v e s :( a ) factual information concerning their work or

w o r k p l a c e ;( b ) i n f o rmation about any action he has taken or

p roposes to take.W h e re safety re p resentatives have been appointed

they will be the people to whom the inspector will givethe information. He must also give the same inform a t i o nto the employer.

I m p rovement and prohibition notices

Section 21 If an inspector is of the opinion that there isa contravention of one or more of the

relevant statutory provisions (see p 0-10), he may issue ani m p rovement notice requiring the responsible person( o rganisation or individual) to take the necessary action toremedy the contravention within a specified period.

Section 22 If activities are being or are likely to bec a rried on which, in the opinion of the

i n s p e c t o r, are likely to involve a risk of serious personali n j u ry, he may issue a p rohibition notice. This noticespecifies the cause of the risk, gives details of any

contraventions of statutory provisions and prevents theactivities being carried out until remedial action has beentaken. The prohibition notice may be immediate ormay be d e f e rred by coming into effect at the end of aspecific period.

Section 23 In the case of both notices, the inspectormay (but need not), give directions about

the action to be taken to remedy the cause of the risk orthe contravention. If this is done, the directions will beincluded in a schedule attached to the notice.

W h e re an improvement notice or a prohibition noticeis not to take immediate effect, an inspector may withdrawthe notice or extend the period before it comes into forc e .

Section 24 An appeal may be made to an industrialtribunal against the terms of an improvementor prohibition notice. The appeal must be lodged within21 days from the issue of the notice.

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In the case of an improvement notice, the lodging ofan appeal automatically suspends the notice until thetribunal has announced its decision.

With a prohibition notice, the prohibition stays ine ffect (unless the t ribunal directs o therwise at ap re l i m i n a ry hearing) until the tribunal makes its finald e c i s i o n .

O F F E N C E S

Section 33 Employers, employees, the self-employed(as amended and anyone with duties under this Act, or theby the relevant statutory provisions, commit anC r i m i n a l o ffence if they fail to discharge those duties.

Justice Act They render themselves liable to pro s e c u -1991 and the tion in a Magistrates court, or SheriffsO ff s h o re c o u rt in Scotland. The maximum penalty forSafety Act failing to comply with an improvement or1 9 9 2 ) p rohibition notice, or with a remedy ord e r

made by the court under Section 42, is a fine of 20,000or imprisonment for six months, or both. Breaches ofSections 2 to 6 are subject to a maximum fine of20,000. Other offences are subject to a maximum fineof 5,000.

B reaches of the Act, or of relevant statutoryprovisions, can give rise to prosecution in a higher courtas an indictable offence. Magistrates may also commitindividuals or companies to a higher court forsentencing if, after a guilty verdict, they consider thepenalties available to them are inadequate. In suchcases, subject to the limitations listed below, the penaltymay be an unlimited fine, or up to two yearsimprisonment, or both.

The imprisonment sanction is only applicable to thefollowing off e n c e s :

( a ) c a rrying out an activity without a licence issued bythe Health and Safety Executive where such a licenceis re q u i red by any relevant statutory pro v i s i o n ;

( b ) contravening a term of, or a condition or re s t r i c t i o nattached to, a licence as above;

( c ) contravening relevant statutory provisions inconnection with acquiring, possessing or using anexplosive article or substance;

( d ) failing to comply with the terms of a pro h i b i t i o n

notice, improvement notice or court remedy ord e r ;( e ) using or disclosing information against the

restrictions of Sections 27 (4) and 28, contained inthe Act.

O ffences due to fault of other person

Section 36 If an offence against the re q u i rements of thisAct, or against any of the relevant statutory

p rovisions, is committed by a person and the offence wasdue to the fault of someone else Section 36 provides forthat other person to be charged and convicted of theo ffence whether or not the original person is pro s e c u t e d .

O ffences by bodies corporate

Section 37 If it is proved that an offence by a corporatebody was committed with the consent or

connivance of, or was attributable to neglect on the part of,a dire c t o r, manager, secre t a ry or similar off i c e r, that personas well as the corporate body can be prosecuted. In thiscontext, the word manager has been held to mean only aperson who decides corporate policy and strategy.

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PA RT II

THE EMPLOYMENT MEDICAL ADVISORYS E RV I C E

This Part of the Health and Safety at Work Act re - e n a c t e dthe Employment Medical Advisory Service Act 1972 withc e rtain minor changes. The main change is the pro v i s i o nwhich enables the Secre t a ry of State to delegateresponsibility for the maintenance of the Serv i c e .

Employment medical advisers, the staff of the Serv i c e ,became the medical wing of the Health and Safety Executiveand are responsible for advising the Secre t a ry of State, theHSC, the HSE and employers and employees on health atw o r k .

S t a t u t o ry tests and examinations re q u i red for personsemployed in certain activities may still be carried out bymedical personnel appointed directly by employers,p rovided that such doctors and the companys medicalfacilities are approved by EMAS.

PA RT IV

MISCELLANEOUS AND GENERAL

Under this Part of the Act minor amendments to thefollowing enactments were made:

Radiological Protection Act 1970F i re Precautions Act 1971Companies Act 1967The amendments to the Fire Precautions Act 1971 have

given rise to a number of new Regulations, of which the FireP recautions (Special Premises) Regulations 1976 areapplicable to construction sites.

The Companies Act 1967 has been amended so thatregulations to be made may add a re q u i rement thatd i rectors re p o rts are to include prescribed inform a t i o nabout arrangements for ensuring the health, safety andw e l f a re at work of employees and for protecting othersagainst risks arising out of the work activities.

S C H E D U L E S

T h e re are nine schedules to the Act, under the followingh e a d i n g s :Schedule I Existing enactments which are re l e v a n t

s t a t u t o ry pro v i s i o n sSchedule 2 Additional provisions relating to constitution

etc. of the Commission and ExecutiveSchedule 3 Subject matter of health and safety re g u l a t i o n sSchedule 5

Relate to Part III of the Act, and not dealtSchedule 6

with in this SectionSchedule 7Schedule 8 Transitional provisions with respect to fire

c e rtificates under Factories Act 1961 or

O ffices, Shops & Railway Premises Act 1963Schedule 9 Minor and consequential amendmentsSchedule 10 R e p e a l sOnly Schedule 1 is dealt with furt h e r.

SCHEDULE 1

Schedule 1 to the Act lists the enactments which, togetherwith the regulations under them, continue in force until theya re pro g ressively replaced by health and safety re g u l a t i o n ss u p p o rted by approved codes of practice. These Acts, inwhole or in part, are re f e rred to as the existing statutoryp rovisions and together with the provisions of Part I of theHealth and Safety at Work Act 1974 and regulations madeunder Section 15 of the Act make up the relevant statutoryp ro v i s i o n s .

The following list is taken from the Schedule and showsthose items which are considered to be most appropriate tothe construction industry :

TITLE OF ACT PROVISIONS WHICH ARER E L E VANT STAT U T O RYP R O V I S I O N S

The Explosives Act l875 The whole Act exceptSections 30 to 32, 80,and 116 to 121

The Employment of Wo m e n ,Young Persons andC h i l d ren Act 1920 The whole Act

The Explosives Act 1923 The whole ActThe Petro l e u m

(Consolidation) Act 1928 The whole ActThe Hours of Employment The whole Act except

(Conventions) Act 1936 Section 5The Petroleum (Transfer of

Licences) Act 1936 The whole ActThe Mines & Quarries Act The whole Act except

1 9 5 4 Section 151The Agriculture (Safety

Health & We l f a reP rovisions) Act 1956 The whole Act

The Factories Act 1961 The whole Act exceptSection 135The Public Health Act 1961 Section 73The Pipe-lines Act 1962 Sections 20 to 26, 33,

34 and 42, Schedule 5The Offices, Shops and

Railway Premises Act 1963 The whole ActThe Nuclear Installations Act Sections 1, 3 to 6, 22

1 9 6 5 and 24, Schedule 2The Mines and Quarr i e s

( Tips) Act 1969 Sections 1 to 10The Mines Management Act

1 9 7 1 The whole ActThe Employment Medical The whole Act except

A d v i s o ry Service Act 1972 Sections 1 and 6 and

Schedule 1

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R E F E R E N C E S

L e g i s l a t i o nHealth and Safety at Work etc. Act 1974Safety Representatives and Safety Committees Regulations

1977. SI 1977 No. 500Health and Safety (Consultation with Employees) Regulations

1 9 9 6Employment Protection (Consolidation) Act 1978 EmployersHealth & Safety Policy Statements (Exception) Regulations1975. SI 1975 No.1584

Health and Safety at Work etc. Act 1974 (Applicationoutside Great Britain) Order 1995. SI 1995 No.263

Health and Safety (Enforcing Authority) Regulations 1998.SI 1998 No.494

All of the above reference material is available from:Construction Industry Publications Ltd.,60 New Coventry Road, Sheldon,Birmingham, B26 3AYTel: 0870 078 4400Fax: 0870 078 4401

e-mail [email protected]

G u i d a n c eLeaflets (available from HSE):

HSC 6 Writing a safety policy statement: advice toemployers (1987)

HSC 13 Health and Safety Regulations A Short Guide

Booklet (available from Construction Industry Publications):

H S ( G ) 2 7 Substances for use at work: the provision ofi n f o rm a t i o n .

H S ( G ) 151P rotecting the Public Your Next M o v eL 1 A Guide to the Health and Safety at Work etc.

Act 1974 5th edition.

0 1 1June 1999
mailto:[email protected]?subject=Health%20and%20Safety%20at%20Work%20etc.%20Act%201974mailto:[email protected]?subject=Safety%20Representatives%20and%20Safety%20Committees%20Regulations1977.%20SI%201977%20No.%20500mailto:[email protected]?subject=Safety%20Representatives%20and%20Safety%20Committees%20Regulations1977.%20SI%201977%20No.%20500mailto:[email protected]?subject=Health%20and%20Safety%20(Consultation%20with%20Employees)%20Regulations1%209%209%206mailto:[email protected]?subject=Health%20and%20Safety%20(Consultation%20with%20Employees)%20Regulations1%209%209%206mailto:[email protected]?subject=Employment%20Protection%20(Consolidation)%20Act%201978%20Employers%E2%80%99Health%20&%20Safety%20Policy%20Statements%20(Exception)%20Regulations1975.%20SI%201975%20No.1584mailto:[email protected]?subject=Employment%20Protection%20(Consolidation)%20Act%201978%20Employers%E2%80%99Health%20&%20Safety%20Policy%20Statements%20(Exception)%20Regulations1975.%20SI%201975%20No.1584mailto:[email protected]?subject=Employment%20Protection%20(Consolidation)%20Act%201978%20Employers%E2%80%99Health%20&%20Safety%20Policy%20Statements%20(Exception)%20Regulations1975.%20SI%201975%20No.1584mailto:[email protected]?subject=Health%20and%20Safety%20at%20Work%20etc.%20Act%201974%20(Applicationoutside%20Great%20Britain)%20Order%201995.%20SI%201995%20No.263mailto:[email protected]?subject=Health%20and%20Safety%20at%20Work%20etc.%20Act%201974%20(Applicationoutside%20Great%20Britain)%20Order%201995.%20SI%201995%20No.263mailto:[email protected]?subject=Health%20and%20Safety%20(Enforcing%20Authority)%20Regulations%201998.%20SI%201998%20No.494mailto:[email protected]?subject=Health%20and%20Safety%20(Enforcing%20Authority)%20Regulations%201998.%20SI%201998%20No.494mailto:[email protected]:[email protected]?subject=HSC%206Writing%20a%20safety%20policy%20statement:%20advice%20toemployers%20(1987)mailto:[email protected]?subject=HSC%206Writing%20a%20safety%20policy%20statement:%20advice%20toemployers%20(1987)mailto:[email protected]?subject=HSC%2013Health%20and%20Safety%20Regulations%20%E2%80%93%20A%20Short%20Guidemailto:[email protected]?subject=H%20S%20(%20G%20)%202%207Substances%20for%20use%20at%20work:%20the%20provision%20of%20i%20n%20f%20o%20rm%20a%20t%20i%20o%20n%20.mailto:[email protected]?subject=H%20S%20(%20G%20)%202%207Substances%20for%20use%20at%20work:%20the%20provision%20of%20i%20n%20f%20o%20rm%20a%20t%20i%20o%20n%20.mailto:[email protected]?subject=H%20S%20(%20G%20)%202%207Substances%20for%20use%20at%20work:%20the%20provision%20of%20i%20n%20f%20o%20rm%20a%20t%20i%20o%20n%20.mailto:[email protected]?subject=H%20S%20(%20G%20)%20151P%20rotecting%20the%20Public%20%20%E2%80%93%20Your%20Next%20Movemailto:[email protected]?subject=L%201AGuide%20to%20the%20Health%20and%20Safety%20at%20Work%20etc.Act%201974%205th%20edition.mailto:[email protected]?subject=L%201AGuide%20to%20the%20Health%20and%20Safety%20at%20Work%20etc.Act%201974%205th%20edition.mailto:[email protected]?subject=L%201AGuide%20to%20the%20Health%20and%20Safety%20at%20Work%20etc.Act%201974%205th%20edition.mailto:[email protected]?subject=H%20S%20(%20G%20)%20151P%20rotecting%20the%20Public%20%20%E2%80%93%20Your%20Next%20Movemailto:[email protected]?subject=H%20S%20(%20G%20)%202%207Substances%20for%20use%20at%20work:%20the%20provision%20of%20i%20n%20f%20o%20rm%20a%20t%20i%20o%20n%20.mailto:[email protected]?subject=HSC%2013Health%20and%20Safety%20Regulations%20%E2%80%93%20A%20Short%20Guidemailto:[email protected]?subject=HSC%206Writing%20a%20safety%20policy%20statement:%20advice%20toemployers%20(1987)mailto:[email protected]:[email protected]?subject=Health%20and%20Safety%20(Enforcing%20Authority)%20Regulations%201998.%20SI%201998%20No.494mailto:[email protected]?subject=Health%20and%20Safety%20at%20Work%20etc.%20Act%201974%20(Applicationoutside%20Great%20Britain)%20Order%201995.%20SI%201995%20No.263mailto:[email protected]?subject=Employment%20Protection%20(Consolidation)%20Act%201978%20Employers%E2%80%99Health%20&%20Safety%20Policy%20Statements%20(Exception)%20Regulations1975.%20SI%201975%20No.1584mailto:[email protected]?subject=Health%20and%20Safety%20(Consultation%20with%20Employees)%20Regulations1%209%209%206mailto:[email protected]?subject=Safety%20Representatives%20and%20Safety%20Committees%20Regulations1977.%20SI%201977%20No.%20500mailto:[email protected]?subject=Health%20and%20Safety%20at%20Work%20etc.%20Act%201974


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0 1 2 December 2005

HSE and EMAS OFFICESLocal Authorities Within Each HSE R e g i o n

WALES AND WEST REGION

LOCAL AUTHORITIES

C o u n t y D i s t r i c t Unitary A u t h o r i t i e s C o u n c i l C o u n c i l

C o rn w a l l Penwith, Kerr i e r, Carrick, Restormel, A b e rconwy and Colwyn County Borough CouncilCaradon, North Corn w a l l Anglesey County Council

D e v o n Plymouth, South Hams, To r b a y, County Borough of Blaenau GwentTeignbridge, West Devon, To rridge, Bridgend County Borough CouncilN o rth Devon, Mid Devon, Exeter, C a e rn a rf o n s h i re and Merionethshire County CouncilEast Devon Caerphilly County Borough Council

C a rd i ff County CouncilS o m e r s e t West Somerset, Taunton Deane, C a rd i g a n s h i re County CouncilSouth Somerset, Sedgemoor, Mendip C a rm a rt h e n s h i re County Council

D e n b i g h s h i re County CouncilG l o u c e s t e r s h i re Cotswold, Stroud, Forest of Dean, F l i n t s h i re County Council

G l o u c e s t e r, Te w k e s b u ry, Cheltenham County Borough Council of Merthyr Ty d f i lM o n m o u t h s h i re County Council

N e w c a s t l e - u n d e r- Ly m e South Staff s Neath and Port Talbot Borough CouncilB o rough Council N e w p o rt County Boro u g h

P e m b ro k e s h i re County CouncilS t a ff o rd Borough Council Powys County Council

R h o n d d aEast Staff o rd s h i re Cannock Chase, Lichfield C y n o nB o rough Council Ta ff County Borough Council

The County of Swansea

S t a ff o rd To rfaen County Borough CouncilThe Vale of Glamorgan County Borough CouncilS h ro p s h i re Wrexham County Borough Council

N o rth West SomersetH e re f o rd and Wo rc e s t e r S t a ff o rd Moorlands Bath and North East Somerset

South GloucestershireStoke on Trent City Council City and County of Bath

Ta m w o rth Borough Council

Wo rcester City Council Wychavon, Wy re Forest, Malvern Hills

Redditch Borough Council South Here f o rd s h i re, Bro m s g ro v e

H e re f o rd City Council

REGIONAL OFFICE

C a r d i ff Also EMAS O ff i c eG o v e rnment Buildings, Phase 1,Ty Glas, Llanishen, Card i ff, CF14 5SHTe l : (02920) 263000F a x : (02920) 263120

OTHER MAIN OFFICES

B r i s t o lI n t e rcity House, Mitchell Lane, Victoria Street,Bristol BS1 6ANTe l : (01179) 886000F a x : (01179) 262998

N e w c a s t l e - u n d e r - Ly m eThe Marches House, Midway,N e w c a s t l e - u n d e r- Lyme Staffs ST5 1DTTe l : (01782) 602300F a x : (01782) 602400

SMALLER LOCAL OFFICES

P l y m o u t hB a l l a rd House, West Hoe Road, Plymouth PL1 3BLTe l : ( 0 1 7 5 2 ) 6 6 8 4 8 1F a x : (01752) 226024

Wr e x h a mC rown Buildings, 31 Chester Street,Wrexham, Clwyd LL13 8ANTe l : (01978) 290500F a x : (01978) 355669

C a r m a r t h e n3 rd Floor, Darkgate Buildings, 3 Red Stre e t ,C a rm a rthen, Dyfed SA31 8ANTe l : (01267) 232823F a x : (01267) 223267


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LOCAL AUTHORITIES

0 1 3December 2005

HOME COUNTIES REGIO

REGIONAL OFFICE

Luton Also EMAS O ff i c e14 Card i ff Road, Luton, Bedford s h i re LU1 1PPTe l : (01582) 444200F a x : (01582) 444320

OTHER MAIN OFFICES

B a s i n g s t o k ePriestley House, Priestley Road, Basingstoke, RG24 9NWTe l : (01256) 404000F a x : (01256) 404100

C h e l m s f o r dWren House, Hedgerows Business Park, Colchester Road,Springfield, Chelmsford CM2 5PFTe l : (01245) 706200F a x : (01245) 706222


N o r w i c hKiln House, Pottergate, Norwich, Norfolk NR2 1DATe l : ( 0 1 6 0 3 ) 6 1 5 7 1 1F a x : (01603) 761436

P o o l e

14 New Fields, Stinsford Road, Nuffield Ind. Estate,Poole, Dorset BH17 7NFTe l : ( 0 1 2 0 2 ) 6 6 7 2 1 9F a x : (01202) 667224

LOCAL AUTHORITIES

County Council District Council

B e d f o rd s h i re Luton, Mid Bedford s h i re, North Bedford s h i re and South Bedford s h i reB e r k s h i re Bracknell, Newbury, Reading, Slough, Windsor & Maidenhead and Wo k i n g h a mB u c k i n g h a m s h i re Ay l e s b u ry Vale, Chiltern, Milton Keynes, South Buckinghamshire and Wy c o m b eC a m b r i d g e s h i re Cambridge, East Cambridgeshire, Fenland, Huntingdonshire, Peterborough and South CambridgeshireD o r s e t B o u rnemouth, Christchurch, North Dorset, Poole, Purbeck, West Dorset, Weymouth & P o rt l a n d

and East DorsetE s s e x Basildon, Braintree, Brentwood, Castle Point, Chelmsford, Colchester, Epping Forest, Harlow,

M a l d o n , R o c h f o rd, Southend on Sea, Tendering, Thurrock and UttlesfordH a m p s h i re Basingstoke, East Hampshire, Eastleigh, F a reham, Gosport, Hart, Havant, New Forest,

P o rtsmouth, Southampton, Test Valley and Wi n c h e s t e rH e rt f o rd s h i re B ro x b o u rne, Dacorum, East Hert f o rd s h i re, Hert s m e re, North Hert f o rd s h i re, St Albans,

Stevenage, Three Rivers, Wa t f o rd and Welwyn HatfieldIsle of Wight Isle of Wight (as Unitary Authority)N o rf o l k B reckland, Broadland, Great Ya rmouth, North Norfolk, Norwich, South Norfolk and West Norf o l kS u ff o l k B a b e rgh, Forest Heath, Ipswich, Mid Suffolk, St Edmundsbury, Suffolk Coastal and Wa v e n e y

Wi l t s h i re Kennet, North Wi l t s h i re, Salisbury, Thamesdown and West Wi l t s h i re

LONDON AND SOUTH EAST REGIONREGIONAL OFFICE

Southwark also EMAS off i c eRose Court, 2 Southwark Bridge, London SE1 9HSTe l : 020 7556 2100F a x : 020 7556 2200

OTHER MAIN OFFICES

East Grinstead also EMAS O ff i c e3 East Grinstead House, London Road, East Grinstead,West Sussex RH19 1RRTe l : (01342) 334200

F a x : (01342) 334222


A s h f o r dI n t e rnational House, Dover Place, Ashford, Kent TN23 1HUTe l : (01233) 624658F a x : (01233) 634827

London Boroughs

Barking and Dagenham, Barn e t , B e x l e y, Brent, Bro m l e y, Camden, City of London, City of We s t m i n s t e r, Croydon, Ealing,Enfield, Greenwich, Hackney, Hammersmith, Haringey, Harro w, Havering, Hillingdon, Hounslow, Islington, Kensington andChelsea, Kingston upon Thames, Lambeth, Lewisham, Merton, Newham, Redbridge, Richmond upon Thames, Southwark,Sutton, Tower Hamlets, Waltham Forest, Wa n d s w o rt h

County Council District Councils

K e n t A s h f o rd, Canterbury, Dart f o rd, Dover, Gillingham, Gravesham, Maidstone, Medway, Sevenoaks,S h e p w a y, Swale, Thanet, Tonbridge and Malling, Tunbridge We l l s

S u rre y Elmbridge, Epsom and Ewell, Guildford, Mole Va l l e y, Reigate and Banstead, Runnymede, Spelthorn e(except Colnbrook), Surrey Heath, Tandridge, Wa v e r l e y, Wo k i n gEast Sussex Brighton, Eastbourne Hastings, Hove, Lewes, Rother, We a l d e nWest Sussex A d u r, Arun, Chichester, Crawley, Horsham, Mid-Sussex, Wo rt h i n g


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0 1 4 December 2003

MIDLANDS REGIONREGIONAL OFFICE

Birmingham Also EMAS O ff i c eM c L a ren Building, 35 Dale End, Birmingham B4 7NPTe l : 0121 607 6200F a x : 0121 607 6349

OTHER MAIN OFFICES

N o r t h a m p t o n5th Floor, Belgrave House, 1 Greyfriars,N o rthampton NN1 2BSTe l : (01604) 738300F a x : ( 0 1 6 0 4 ) 7 3 8 3 3 3

N o t t i n g h a m1st Floor, The Pearson Building,55 Upper Parliament Street, Nottingham NG1 6AUTe l : (01159) 712800F a x : (01159) 712802


S t o n e l e i g hNational Agricultural Centre, Stoneleigh, Kenilwort h ,Wa rw i c k s h i re CV8 2LZTe l : ( 0 1 2 0 3 ) 6 9 6 5 1 8F a x : ( 0 1 2 0 3 ) 6 9 6 5 4 2

LOCAL AUTHORITIES


West Midlands B i rmingham, Coventry, Dudley, Sandwell, Solihull, Walsall, Wo l v e rh a m p t o nL e i c e s t e r s h i re B l a b y, C h a rnwood, Harborough, Hinckley and Bosworth, Melton, Leicester, Oadby and Wigston,

N o rth West Leicestershire, RutlandN o rt h a m p t o n s h i re C o r b y, East Nort h a m p t o n s h i re, Daventry, Kettering, We l l i n g b o rough, South Nort h a m p t o n s h i re ,

N o rt h a m p t o nO x f o rd s h i re C h e rwell, South Oxford s h i re, Oxford, Vale of White Horse, West Oxford s h i reWa rw i c k s h i re N o rth Wa rw i c k s h i re, Nuneaton, Rugby, Stratford on Avon, Wa rw i c kD e r b y s h i re Amber Va l l e y, Bolsover, Chesterfield, Derby (City), Erewash, High Peak, N. E. Derbyshire, S. Derbyshire ,

D e r b y s h i reDalesL i n c o l n s h i re Boston, E. Lindsey, Lincoln (City), N. Kesteven, S. Holland, S. Kesteven, W. LindseyN o t t i n g h a m Ashfield, Bassetlaw, Broxtowe, Gedling, Mansfield, Newark, Nottingham (City), Rushcliff e

YORKSHIRE & N O RTH EAST REGION

REGIONAL OFFICEHorsforth Also EMAS O ff i c eWoodside House, 261 Low Lane, Horsfort h , Leeds LS18 5TWTe l : 0113 283 4200 F a x : 0113 283 4344

OTHER MAIN OFFICES

L e e d sMarshalls Mill, Marshall Street, Leeds LS11 9YJTe l : 0113 283 4200 F a x : 0113 283 4296

S h e ff i e l dEdgar Allen House, 241 Glossop Rd, Sheffield S10 2GWTe l : 0114 291 2300 F a x : 0114 291 2379

N e w c a s t l e - u p o n - Ty n e

A rden House, Regent Centre, Gosforth Newcastle NE3 3JNTe l : 0191 202 6200 F a x : 0191 202 6300

SMALLER LOCAL OFFICESN o r t h a l l e r t o nG o v e rnment Buildings, Crosby Road, Nort h a l l e rton DL6 1ADTe l : (01609) 779111/2 F a x : (01609) 776044

H u l lFestival House, Jameson Street, Hull HU1 3JRTe l : (01482) 223487 F a x : (01482) 218855

LOCAL AUTHORITIES


County Durh a m C h e s t e r- l e - S t reet, Darlington, Derwentside, City of Durham, Easington, Sedgefield, Teesdale, Wear Va l l e yN o rth Yo r k s h i re Craven, Hambleton, R i c h m o n d s h i re, Scarborough, Harrogate, Rydale, SelbyN o rt h u m b e r l a n d Alnwick, Berwick on Tweed, Blyth Va l l e y, Castle Morpeth, Tyndale, Wa n s b e c kSouth Yo r k s h i re B a rnsley MDC, Doncaster MDC, Rotherham MDC, Sheffield MDCTyne & We a r Gateshead, Newcastle, North Tyneside, South Tyneside, SunderlandWest Yo r k s h i re B r a d f o rd MDC, Calderdale MDC, Kirklees MDC, Leeds MDC, Wakefield MDC

Unitary A u t h o r i t i e s

East Riding of Yo r k s h i re, North East Lincs, North Lincs, City and County of Kingston upon Hull, City of York, Hart l e p o o l ,Redcar and Cleveland, Middlesborough, Stockton-on-Te e s


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N O RTH WEST REGIONREGIONAL OFFICE

Manchester Also EMAS O ff i c eG rove House, Skerton Road, Manchester M16 0RBTel: 0161 952 8200F a x : 0161 952 8222

OTHER MAIN OFFICES

M e r s e y s i d eThe Triad, Stanley Road, Bootle, Merseyside L20 3PGTe l : 0151 479 2200F a x : 0151 479 2201

P r e s t o nMarshall House, Ringway, Preston PR1 2HSTe l : ( 0 1 7 7 2 ) 8 3 6 2 0 0F a x : (01772) 836222


C a r l i s l e2 Victoria Place, Carlisle CA1 1ERTe l : ( 0 1 2 2 8 ) 3 9 3 2 1F a x : ( 0 1 2 2 8 ) 4 8 4 8 2

LOCAL AUTHORITIES


G reater Manchester City of Manchester, City of Salford, Bolton, Bury, Oldham, Rochdale, Stockport, Tameside, Tr a ff o rd ,Wi g a n .

C h e s h i re C h e s t e r, Congleton, Crewe, Ellesmere Port, Halton, Macclesfield, Vale Royal, Wa rr i n g t o n .M e r s e y s i d e K n o w l s e y, Liverpool, Sefton, St Helens, Wi rr a lL a n c a s h i re B l a c k b u rn , Blackpool, Burn l e y, Chorley, Fylde, Hyndburn, Lancaster, Pendle, Preston, Ribble Va l l e y,

Rossendale, South Ribble, West Lancashire, Wy reC u m b r i a A l l e rdale, Barro w - i n - F u rness, Carlisle, Copeland, Eden, South Lakeland

S C O T L A N DHEAD OFFICE

Edinburgh Also EMAS O ff i c eB e l f o rd House, 59 Belford Road, Edinburgh EH4 3UETe l : 0131 247 2000F a x : 0131 247 2121

OTHER MAIN OFFICEG l a s g o w375 West George Street, Glasgow G2 4LWTe l : 0141 275 3000F a x : 0141 275 3100


A b e r d e e nL o rd Cullen House, Fraser Place, Aberdeen AB9 1UBTe l : (01224) 252500F a x : ( 0 1 2 2 4 ) 2 5 2 5 2 5

I n v e r n e s s28 Longman Road, Longman Industrial Estate,I n v e rness IV1 1SFTe l : ( 0 1 4 6 3 ) 7 1 8 1 0 1F a x : (01463) 713459

LOCAL AUTHORITIES

Unitary A u t h o r i t i e s

A b e rdeen City, Aberd e e n s h i re, Angus, Argyll & Bute, Clackmannanshire, Dumfries & G a l l o w a y, Dundee City, East Ay r s h i re ,East Dunbart o n s h i re, East Lothian, East Renfre w s h i re, City of Edinburgh, Fallink, Fife, Glagow, Highland, Inverc l y d e ,Midlothian, Moray, North Ay r s h i re, North Lanarkshire, Pert h s h i re & K i n ross, Renfre w s h i re, Scottish Borders, South Ay r s h i re ,South Lanarkshire, Stirling, West Dunbart o n s h i re, West Lothian

Island CouncilsO r k n e y, Shetland, We s t e rn Isles


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0 - 16 December 2003

SOURCES OF INFORMATION ONH E A LTH AND SAFETY

C o n s t ruction ConfederationC o n s t ruction House56-64 Leonard Stre e tLondon EC2A 4JXTel. 020 7608 5036

C o n s t ruction Health and Safety Gro u pJohn Ryder Training CentreSt. Annes RoadC h e rt s e yS u rrey KT16 9ATTel. 01932 561 871

C o n s t ruction Industry Publications Ltd.60 New Coventry RoadS h e l d o nB i rmingham B26 3AYTel. 0870 078 4400

C o n s t ruction Industry Research and Information Association (CIRIA)6 Store y s GateLondon SW1P 3AUTel. 020 7722 8891

C o n s t ruction Industry Training Board (CITB)B i rcham NewtonKings Ly n nN o rfolk PE31 6RHTel. 01485 577 577

Institution of Occupational Safety and HealthThe GrangeHighfield DriveWi g s t o nL e i c e s t e r s h i re LE18 1NN

Tel. 0116 257 3100

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