Lesson 2: Health and Safety at Work Act (HSWA 1974)
Primary legislation to secure health safety and well being at work
- HSWA is an umbrella act of which 6 secondary pieces of legislation are formed (6 regulations)u00a0 known as 6 pack
- Regulations include
- Management of Health and safety at work regulations 1999
- Health and safety (DSE) regulations 1992
- Manual handling operations regulations 1992
- Personal protective equipment at work regulations 1992
- Provision and use of work equipment regulations 1998
- The workplace (Health, Safety and Welfare) regulations 1992
- HSAW 1974 places duties on employee, employees, self employees, manufacturers & Others (covers the public where work activities affect them)
- Introduces concept of SO FAR AS RESONABLY PRACTICAL
- In general prosecution under HSWA 1974 doesnu2019t require mens rea (guilty mind/intention to commit crime) and instead emphasis is placed on strict liability
- If in breach in crown court can be an unlimited fine or imprisonment not exceeding 2 years or both
Main duties for
- Employer
- So far as reasonably practical ensure health and safety of workers
- Written health safety policies should be made
- Safety representative
- Duty to others
- Provide all health and safety provisions free of charge
- Employees: To comply with measures
- Others: For example controller of premises, manufacturers/suppliers and mandates no one to interfere with the above measures
Elements of HSWA
- Section 2
- Duties of employers: To ensure so far as reasonably particle the healthy, safety and welfare at work of all his employers
- Duties of employers: To ensure so far as reasonably particle the healthy, safety and welfare at work of all his employers
- Work environment: provision and maintenance of a working environment so far as is reasonably practical, safe, without risks to health and adequate as regards facilities and arrangements for their welfare at work
- Safety policies: Written health and safety policies required, must bring to attention of all employees, and are required if >5 employees on site at any one time
- Section 3
- Highlights duties of employers and self-employed to persons other than their employees- intended to protect public i.e. scaffolding done at big building
- Section 6
- Highlights duties of manufacturers- applies to designeru2019s manufacturers, suppliers, importers (making goods of satisfactory quality)
- Section 7
- Highlights duties of employees to look after themselves and to co-operate with the employer as necessary.
- Section 8
- Duty on everyone: No ones is to recklessly or intentionally interfere/misuse anything provided in the interest of safety
- Section 9
- Duty not to charge: Duty on employers not to charge for safety equipment required by law
