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Health and safety law is very wide ranging. Most of it
is not made through Acts of Parliament but by regulations. The right to make
regulations on health and safety was given to the Secretary of State under the
Health and Safety at Work Act 1974.
This Act, which came into force in 1975, was designed to
ensure that all workers in all occupations were covered by health and safety
legislation. Rather than have lots of different laws covering different groups,
it provided a framework within which health and safety could be regulated by
creating one simple system of law dealing with all aspects of health and safety
of people at work.
The Act is written in very general terms and the duties on
employers are qualified with the words ‘as far as is reasonably practicable‘.
This means that employers have often argued that the costs of a particular
safety measure are not justified by the reduction in risk which the measure
would produce. The following are the main sections of the Act.
Section 1
This states the general purpose of Part 1 of the Act, which is aimed at:
Maintaining or improving standards of health, safety and welfare of people at
work.
Protecting other people against risks to health and safety arising out of work
activities.
Controlling the storage and use of dangerous substances.
Controlling certain emissions into the air from certain premises.
Section 2
This puts a general duty on employers to:
Ensure the safety, health and welfare at work of their employees.
Consult them concerning arrangements for joint action on health and safety
matters, and in certain circumstances, at the request of duly appointed or
elected trade union safety reps, to establish safety committees.
Prepare and publicise a written statement of their safety policy and
arrangements.
Sub-section (4) of this section of the Act makes provision by regulations for
the appointment of workers’ safety reps by recognised trade unions.
Section 3
Places a general duty on employers and the self employed to ensure that their
activities do not endanger anybody, and, in certain circumstances, to provide
information to the public about any potential hazards to health and safety.
Section 4
This places a duty on anybody responsible for places of work to ensure that
premises themselves, as well as plant and machinery in them, do not endanger
people using them.
Section 5
Controllers of premises as a prescribed class must use the best practicable
means to prevent emissions into the atmosphere of noxious or offensive
substances and to render harmless and inoffensive such substances as may be
emitted.
Section 6
This places duties on anyone who designs, manufacturers, imports or supplies an
article or substance for use at work to ensure, so far as it is under their
control, that the article or substance is safe when used in accordance with
information supplied by them. The duty extends to the provision of necessary
information and the carrying out of necessary testing, inspection and research.
Those who install plant also have a duty to ensure that it is safely installed.
Section 7
Places duties on employees to take reasonable care to ensure that they do not
endanger themselves or anyone else who may be affected by their work activities;
and to co-operate with employers and others in meeting statutory requirements.
Section 8
Everyone has a duty not to misuse anything provided in the interests of health
or safety at work under a statutory requirement.
Section 9
This provides that no employer may charge their employees for anything done or
equipment provided for health or safety purposes under a statutory requirement.
Section 15
Allows the Secretary of State to make regulations on health and safety under the
Act.
Section 28 (8)
This requires Health and Safety Executive (HSE) inspectors to supply certain
information on health, safety and welfare matters affecting safety to workers or
their representatives. To see what the Act means in practice, it is necessary to
look at the regulations made under the Act, or the official approved Codes of
Practice (ACoPs) and guidance.
The safety reps guide & more information
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