The Health and Safety at Work Act
General duties on employers and others
These duties are outlined in ss. 2-5 where the obligations are qualified by the phrases 'so far as is reasonably practicable' and 'best practicable means'. Interpretations of these phrases have been made which indicate that 'reasonably practicable' implies a balance of the degree of risk against the inconvenience and cost of overcoming it, whereas 'best practicable means' ignores the cost element but recognises possible limitation of current technical knowledge.
In common law, employers have had, and still have, duties of care with regard to the health and safety of their employees, duties which are now incorporated into statute law as part of section 2 of this Act.
The first part of s.2 contains a general statement of the duties of employers to their employees while at work and is qualified in subsection (2) which instances particular obligations to:
(1) Provide and maintain plant and systems of work that are safe and without risks to health. Plant covers any machinery, equipment or appliances including portable power tools and hand tools.
(2) Ensure that the use, handling storage and transport or articles and substances is safe and without risk.
(3) Provide such information, instruction, training and supervision to ensure that employees can carry out their jobs safely.
(4) Ensure that any workshop under his control is safe and healthy and that proper means of access and egress are maintained, particularly in respect of high standards of housekeeping, cleanliness, disposal of rubbish and the stacking of goods in the proper place.
(5) Keep the workplace environment safe and healthy so that the atmosphere is such as not to give rise to poisoning, gassing or the encouragement of the development of diseases. Adequate welfare facilities should be provided.
In this section 'work' means any activities undertaken as part of employment and includes extra voluntary jobs for which payment is received or which are accepted as part of the particular job, i.e. part-time firemen, collecting wages etc.
Further duties placed on the employer by:
s. 2(3) to prepare and keep up-to-date a written safety policy supported by information on the organisation and arrangements for carrying out the policy. The safety policy has to be brought to the notice of employees. Where there are five or less employees this section does not apply.
s. 2(6) to consult with any safety representatives appointed by recognised trade unions to enlist their co-operation in establishing and maintaining high standards of safety.
s. 2(7) to establish a safety committee if requested by two or more safety representatives
The general duties of employers and self-employed persons to include in s. 3 a requirement to conduct their undertakings in such a way that persons other than their employees are not exposed to risks to their health and safety. In certain cases information may have to be given as to what these risks are.
Landlords or owners are required by s. 4 to ensure that means of access or egress are safe for those using their premises and these are defined in s. 53 as any place and, in particular, any vehicle, vessel, aircraft or hovercraft, any installation on land, any offshore installation and any tent or movable structure.
Those in charge of premises are required by s. 5 to use the best practicable means for preventing noxious or offensive fumes or dusts from being exhausted into the atmosphere, or that such exhausts are harmless. Offensive is not defined and may depend upon one individual's opinion.
Duties are placed by s. 6 on everyone in the supply chain, from the designer to the final installer, of articles of plant or equipment for use at work or any article of fairground equipment to:
(1) Ensure that the article will be safe and without risks to health at all times when it is being set, used cleaned or maintained.
(2) Carry out any necessary testing and examination to ensure that it will be safe, and
(3) Provide adequate information about its safe setting, use, cleaning, maintenance, dismantling and disposal.
There is an obligation on designers or manufacturers to do any research necessary to prove safety in use. Erectors or installers have special responsibilities to make sure when handed over that the plant or equipment is safe to use.
Similar duties are placed on manufacturers and suppliers of substances for use at work to ensure that the substance is safe when properly used, handled, processed, stored or transported, to provide adequate information and do any necessary research, testing or examining.
Where articles or substances are imported, the suppliers' obligations outlined above attach to the importer, whether a separate importing business or the user himself.
Often items are obtained through hire purchase, leasing or other financing arrangements with the ownership of the items being vested with the financing organisation. Where the financing organisation's only function is to provide the money to pay for the goods, the supplier's obligations do not attach to them.
The employees' duties are laid down in ss. 7 and 8 which state that, whilst at work, every employee must take care for the health and safety of himself and of other persons who may be affected by his acts or omissions.
Employees should co-operate with the employer to meet legal obligations and they must not, either intentionally or recklessly, interfere with or misuse anything, whether plant equipment or methods of work, provided by the employer to meet the obligations under this or any other related Act.
The employer is not allowed by s. 9 to charge any employee for anything done or provided to meet statutory requirements.
Regulations and Codes of Practice
The enabling powers of this Act are exercised through s. 15 whereby the appropriate Secretary of State or Minister may make regulations without referring the matter to Parliament. The regulations may be drawn up by the Executive and submitted through the Commission to the Secretary or Minister. Although there is a general requirement for the Commission and Executive to keep interested parties 'informed of and adequately advised on such matters' (s. 11(2)(c) there is no obligation to consult. However, in drafting regulations that affect workplace safety, extensive consultation does occur.
The regulations may repeal or modify any of the existing regulations and matters related to ss. 2-9 of the Act. They can also approve or refer to specified documents, such as British Standard Specifications. A list of 22 subject matters that can be covered by regulations is given in Schedule 3 of the Act.
The need to provide guidance on the regulations is recognised in s. 16 which gives the Commission power to prepare and approve Codes of Practice on matters contained not only in the regulations but also in ss. 2-7 of the Act.
Before approving a code, the Executive acting for the Commission must consult with any interested body. The Commission has powers to approve codes prepared by bodies other than themselves, and some British standards have been approved.
An Approved Code is a quasi-legal document although non-compliance with it does not constitute a breach, if the contravention of the Act or regulation is alleged, the fact that the code was not followed will be accepted in court as evidence of failure to do all that was reasonably practicable. A defence would be to prove that something equally as good or better had been done. (s. 17(2)). To supplement the Approved codes of Practice, the Executive issue guidance notes, which are purely advisory and have no standing in law.
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