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HASAW ACT 1974 Health and Safety at Work Act etc 1974
General Duties Of Employers
General Duties Of The Self-Employed
General Duties Of Employees
General Duties Of Manufacturers And Suppliers
Charges
Powers Of Inspectors
Penalties

The Act is the major piece of health and safety legislation in Great Britain. It provides the legal framework to promote stimulate and encourage high standards. The Act is the umbrella legislation under which the enforcing authorities (HSE ) bring legal actions through the courts , being an “enabling act the legislation allows the HSC to bring new pieces of legislation into use immediately without the need for time consuming White/Green paper sessions of the Government.

Previous Acts concentrated upon prescription of solutions within the law: series of factories Acts in particular had raised standards progressively since 1833 by stipulating what measures needed to be taken factories.

Although the legislative base was gradually widened to include other types of premises, modern work practices and businesses were no longer fully covered by legislation. By the third quarter of the century.

Consultations carried out by the Robens Committee between 1970 and 1972 produced the basis of a new type of law- one which places responsibility on employers and employees together to produce their own solutions to health and safety problems, subject to the test of Reasonable Practicability (a legal term used by the Courts).

The Act introduced for the first time a comprehensive and integrated system dealing with workplace health and safety and the protection of the public from work activities. By placing duties of a general character upon employers, employees, the self employed manufacturers, designers and importers of work equipment and materials, the protection of the law, rights and responsibilities are available and given to all at work.

As Regulations made under the Act have the same scope, there now exists the potential to achieve clear and uniform standards.

The Act is “enabling” meaning much of the text is devoted to the legal mechanism for creating administrative bodies , combining others and detailing new powers of inspection and enforcement. The Health and Safety Commission (HSC ) carries responsibility for policy making and enforcement , answerable to the Minister of State for Employment.

Its executive arm is the Health and Safety Executive (HSE ), whose functions range from enforcement to research and European liaison on standards. The gradual replacement of previous health and safety requirements by revised and updated measures applicable to the whole of the workforce of the country is provided for. This is done by the repeal of statutes and other replacement with Regulations and Approved Codes of Practice prepared in consultation with industry and workers. One of the key features of the report of the Robens committee , echoed by European Directives , is the principle of consultation at all levels in order to achieve consensus and combat apathy, this consultative process starts within the HSC and continues to the workplace, where employers are required to consider the views of workers during the setting of health and safety standards.

The Act consists of four parts:

Part 1: contains provisions on

• Health and Safety of people at work
• Protection of others against health and safety risks from work activities
• Control of danger from articles and substances used at work
• Controlling certain atmospheric emissions

Part 2 Establishes the Employment Medical Advisory Service

Part 3 Amends previous laws relating to safety aspects of Building Regulations

Part 4 Contains a number of general and miscellaneous provisions.

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These are contained in Sections 2,3, 4 and 9 by Section 40 the burden of proof is transferred from the prosecution to the defence in prosecutions where it is alleged that the accused person or employer failed to do what was practicable or reasonably practicable as required in the particular circumstances. Sections 36 and 37 provide for the personal protection of members of management in certain circumstances, notably in Section 37 where they can be charged as well as, or instead of, the employer if the offence in question was due to their consent, connivance or neglect.

Employers must, as far as is reasonably practicable, safeguard the health, safety and welfare of employees. Section 2 in particular this extends to the provision and maintenance of:

• Safe plant and safe systems of work
• Safe handling, storage and transport of (work) articles and substances
• Necessary information , instruction, training and supervision
• A safe place of work , with safe access and egress
• A safe working environment with adequate welfare facilities.

The Act places an absolute duty on employers with five or more employees to prepare and revise as necessary a written statement of safety policy , which details the general policy and the particular organization and arrangements for carrying it out.

The policy must be brought to the notice of all employees Section 2 (3).

Employers must consult with employees on health and safety matters, and in particular with (trade union appointed) safety representatives. They must also set up a safety committee on request of the safety representatives with the main function of keeping under review the measures taken to ensure the health and safety at work of employees Section 2 (4-7). Regulations made in 1977 expand employers duties to consult with trade union appointees. These are the Safety Representatives and Safety Committees Regulations, which describe the functions of safety representatives but do not impose any duties upon them. The functions are:

Investigations of potential hazards and dangerous occurrences:

Examining the causes of accidents: investigations of complaints by employees: making representations to the employer on those matters: carrying out inspections of several kinds : representing employees in consultations with enforcing authorities: receiving information from inspectors and attending meetings of safety committees. A safety committee must be set up on the request of two or more safety representatives. Safety Representatives have the right to training to permit them to carry out their functions: their entitlements are covered in an Approved Code of Practice and guidance notes. The self employed, other employees and the public must not be exposed to danger or risks to health and safety from work activities (Sections 3,4 )

Harmful emissions into the atmosphere must be prevented, from prescribed operations (Section 5 ).

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Similar duties to the above rest upon the self- employed, with the exception of preparing the safety policy (unless they in turn employ others (Section 3 (2).

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By Section 7 of the Act employees must take reasonable care of their own health and safety and that of others who may be affected by their acts or omissions. They must also co-operate with their employer so far as is reasonably practicable to enable the employer to comply with his duties under the Act.

By Section 8. It is an offence for anyone to intentionally or recklessly interfere with or misuse anything provided in the interests of health safety, or welfare. Members of management who are also employees are vulnerable to prosecution under Section 7 if they fail to carry out their health and safety responsibilities (as defined in the safety policy statement ) in addition to their liability under Sections 36 and 37 as noted above.

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Section 6 of the Act focuses attention on the role of the producer of products used at work, and includes designers, importers and hirers out of plant and equipment in the lists of those who have duties under it this section refers to articles and substances for use at work, and requires those mentioned to ensure so far as is reasonably practicable that they are safe when being “used “In the widest sense. They must be tested for safety in use, or tests be arranged and done by a competent authority. Information about the use for which an article or substance was designed, including any necessary conditions of use to ensure health and safety, must be supplied with the article or substance.

Section 6 has been modified so as to apply to fairground equipment, to provide a more complete description of the kinds of use an article may be put to, And to ensure that necessary information is actually provided and not merely “made available “ as was originally required.

Hire purchase companies are not regarded as suppliers for the purposes of Section 6.

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Section 9 of the Act forbids the employer to charge his employees for any measures which he is required by statute to provide in the interests of health and safety.

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These are identified within Sections 20-22,24 25, 33 and 42 of the Act. An appointed inspector can:

• Gain access without a warrant to a work place at any time
• Employ the Police to assist in the execution of his duty
• Take equipment or materials onto premises to assist his investigations
• Carry out examinations and investigations as he sees fit
• Direct that locations remain undisturbed for as long as he sees fit
• Take measurements, photographs and samples
• Order the removal of equipment for testing
• Take articles or equipment away with him for examination or testing
• Take witness statements, records and documents
• Request the provision of any facilities he may need to assist him in his enquiries
• Do anything else necessary to enable him to carry out his duties.

Enforcement
If an inspector discovers what he believes to be a contravention of any Actor Regulations he can:

• Issue a prohibition notice with deferred or more usually immediate effect , which prohibits the work described in the notice if the inspector is of the opinion that the circumstances present a risk of serious personal injury, which is effective until the steps he may specify have been taken to remedy the situation. Appeal can be made to an industrial tribunal , but the notice will remain in force until the appeal is heard.
• Issue an improvement notice, which specifies a time period for the rectification of statutory legislation/requirements. Appeal can be made to an industrial tribunal within 21 days :this has the effect of postponing the notice until its terms have been confirmed or altered y the tribunal.
• Prosecute any person who contravenes a requirement or fails to comply with a notice as above.
• Seize, render harmless or destroy any article or substance which he considers to be the cause of imminent danger or serious personal injury.

The financial consequences of receiving prohibition and improvement notices are often severe, because of delays to work and disruption.

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Successful prosecutions under the Act or any health and safety statutes attract a maximum penalty of a fine of up to £5,000.00 and or up to 6 months imprisonment.

For breaches of the General duties, sections of the Act (2-6) penalties of up to £20,000.00 were introduced in early 1992, for those dealt with in the Magistrates court, offences heard on indictment in the Crown court attracts unlimited financial penalties and up to 2 years imprisonment for a narrow range of offences, which includes failure to comply with a prohibition notice. The present single largest fine recorded at the Crown Court is (500,000.00 for a single incident ( BP Grangemouth ) penalties for breaching prohibition notices are normally the largest, as are those resulting from fatalities.

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