hswa advice to employees
TRANSCRIPT
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HSC
Health
&
Safety
Commission
Health and
Safety
at
Work
etc Act
Advice
to
employees
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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repealed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
reasonably practicable,
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
reasonably practicable,
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
reasonably practicable,
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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