The Health & Safety at Work, etc Act 1974
Introduced in 1974, as an Act of Parliament, it came onto the statute books as a CRIMINAL LAW
Under its auspices are other statutes, regulations, orders, codes of practice, guidance notes etc. that had been previously introduced as individual requirements.
It enabled new items to be adopted
For the first time introduced PENALTIES for non-compliance and breaches.
Introduced responsibilities for both employers and employees
CRIMINAL LAW
Breaches are prosecuted through Magistrates and Crown courts
Guilty verdicts are subject to:
Warnings; Fines; Imprisonment
Persons found guilty of a CRIME under the Act become the holders of a CRIMINAL RECORD
WHO (can be prosecuted)?
Anyone!
Any person who is believed to have breached the law can be prosecuted
Managing Directors; Proprietors; Boards of Directors/Governors; Partners; Directors;
Line Managers/Supervisors etc.; Employees; Casual/Contract Workers; Contractors; Visitors; Guests
Either singly or as a group
WHO (IS RESPONSIBLE)
Section 2 & 3 the employer
Section 7, the employee
Any other person involved
But the main responsibility rests with the employer. This responsibility (LEGAL DUTY) cannot be passed onto someone else, it cannot be abdicated, it cannot be excused
The employer cannot blame someone else for an incident that happens in his undertakings. It is his responsibility to ensure that all reasonable precautions are taken and everyone is working safely.
WHAT MUST THE EMPLOYER DO TO COMPLY
Manage Health & Safety issues in the workplace
Introduce a health & safety policy that:
provides a statement of intent; identifies the responsibility and management structure; provides responsibilities for line managers; identifies specific arrangements (fire / first aid / emergencies / maintenance of plant, equipment and machinery / compliance with electrical / gas regulations / training provisions / reporting of incidents, accidents and diseases / hazardous waste / environmental issues / personal protective equipment etc. etc. etc.) ; provides suitable and appropriate risk assessments on : the working environment / manual handling / personal protective equipment / display screen equipment / control of hazardous substances / fire ; provides information to employees and records all of these activities
Carry out risk assessments
Provide safe working practices
Monitor and ENFORCE compliance
Provide training and information to all employees (even casual) on all aspects of safety arrangements, hazard and risks, accident / incident reporting, use of equipment etc.
Maintain records of risk assessments and other activities
This list of requirements is not exhaustive
HOW?
By setting up a management control that incorporates the placement of a competent person to assist the employer in identifying the legal requirements, setting up the management system, carrying out the risk assessments, providing advice and support on other health & safety issues.
WHAT IS A COMPETENT PERSON?
Someone who has sufficient knowledge, understanding, training to be able to do the work required. For Health & Safety this is normally associated with Diploma in Safety Management with Member of the Institute of Occupational Safety & Health accreditation.
The role can be split to allow an external consultant to assist
.png)
Comments