Health and Safety Law Module 4

Health and Safety Law Criminal Civil

The Health and Safety at Work etc. Act 1974 Employers Employees Designers and manufacturers Self-employed Occupiers of buildings in which persons work

Duties under the Act Employers must ensure the: Health, safety and welfare of employees Health, safety and welfare of others Employers must: Manage health and safety Risk assess Train to ensure competency Provide a safe workplace Provide safe methods of work Provide a health and safety policy if 5 or more employees

Employees and self-employed MUST take reasonable care of: Themselves Other people MUST cooperate with the employer Must NOT be reckless or interfere with equipment provided by the employer

Worker involvement and consultation Everyone needs to take part in health and safety decisions This can be achieved by: Information, instruction and training Meetings Safety committees Participation in risk assessment Regular hazard spotting

Enforcement of health and safety law Health and Safety Executive (HSE) Environmental Health Department (local authority)

Enforcement powers & duties Gain entry to premises at any reasonable time Give instructions Take samples, photographs and seize dangerous equipment Ask questions Advise employers and safety representatives

Enforcement action Give verbal or written advice Serve an improvement notice Serve a prohibition notice Commence a prosecution

Penalties for breaking health and safety law Magistrates’ court Maximum fine £20,000 Maximum 6 months in prison Crown Court Unlimited fine Maximum 2 years in prison