NEBOSH LEVEL 6 NATIONAL DIPLOMA MODULE A: MANAGEMENT OF HS LESSON 9 : CRIMINAL LAW Part One: HASAWA 1974

LEARNING OUTCOMES 1.Explain the key requirements of HASAWA 1974

APPLICATION OF MAIN SECTIONS OF HASAWA covers all employment activities (laboratories, academic institutions, research establishments, etc which formerly were not covered. This Act does not cover private domestic workers applies to employers, self-employed persons, subcontractors, visitors, members of the public designers, suppliers, importers, employees, directors and managers. It also provides the enforcement powers.

Imposes duties on the employers and others. Imposes duties on employees and on persons. Gives the functions and powers of HSE Provides for Regulations and ACOPS Provides for enforcement by Authorities Describes provisions as to offences

Health and safety at work etc 1974 ARRANGEMENT OF ACT General duties 2. General duties of employers to the employees. 3. General duties of employers and self-employed to persons other than their employees. 4. General duties of persons concerned with premises to persons other than their employees. 6. General duties of manufacturers etc. as regards articles and substances for use at work. 7. General duties of employees at work. 8. Duty not to interfere with or misuse things provided pursuant to certain provisions. 9. Duty not to charge employees for things done or provided pursuant to certain specific requirements.

HSC & HSE HS Regulations & ACOPs 15.Health and safety regulations. 16.ACOPs 17.Use of ACOP in criminal proceedings.

Enforcement 18. Authorities responsible for enforcement of the relevant statutory provisions. 19. Appointment of inspectors. 20. Powers of inspectors. 21. Improvement notices 22. Prohibition notices. 23. Provisions supplementary, Sections 21 and Appeal against improvement or prohibition notice. 25. Power to deal with cause of imminent danger. 26. Power of enforcing authorities to indemnify their inspectors.

Obtaining and disclosure of information 27.Obtaining of information by the Commission, the Executive, enforcing authorities etc. 28. Restrictions on disclosure of information. Provisions as to offences 33.Offences 34.Extension of time for bringing summary proceedings 35.Venue. 36.Offences due to fault of other person. 37.Offences by bodies corporate. 38.Restriction on institution of proceedings in England and Wales. 39.Prosecutions by inspectors. 40.Onus of proving limits of what is practicable etc. 41.Evidence. 42.Power of court to order causes of offence to be reminded or, in certain cases, forfeiture.

Other Provisions Financial provision 43.Financial provisions. Miscellaneous and supplementary 44.Appeals in connection with licensing provisions in the relevant statutory provisions. 45.Default powers. 46.Service of notices. 47.Civil liability. 48.Application to Crown. 49.Adaptation of enactments to metric units or appropriate metric units. 50.Regulations under the relevant statutory provisions. 51.Exclusion of application to domestic employment. 52.Meaning of work and at work. 53.General interpretation of part I. 54.Application of part I to Isles of Scilly.

OUTLINE OF KEY POINTS S 2 (1) General duties on employers An employer shall ensure, so far as it is reasonably practicable, the health, safety and welfare of all employees at work. The Act also specifies five areas that in particular cover the employer’s general duty.

Section 2 (2) specific duties Without prejudice to the above statement of intent the duty is extended to the following particular matters. 1.Provide and maintain plant & systems that are safe 2.Ensure that substances and articles can be used, handled, stored and transported safely. 3.Provide information, instruction, training and supervision, to ensure the health, safety and welfare of employees. 4.Maintain the place of work in a safe condition and ensure Safe means of access and egress 5.Ensure safe & healthy working environment and provide adequate welfare facilities.

Section 2 (3) safety policies Concerns Health and Safety Policy Policy to be drawn to the attention of the employees.

Section 2 (4) concerns the appointment of safety representatives Section 2 (6) consultation Duty of employer to consult recognised trade union representatives (under SRSC regulations 1977). Section 2 (7) safety committee Duty of employers to establish a safety committee if requested to do so by recognised trade union representatives (in accordance with SRSC Regulations 1977).

Section 3 HASAWA 1974 Section 3(1) Duty to ensure, sfairp, that others are not exposed to risks Section 3 (2) Similarly, same duty imposed on self- employed. The above are qualified by reasonably practicable”.

Section 4 – premises Anyone in control of premises or plant used by persons not in their employment must: Ensure safe access and egress to premises and plant Ensure that plant or substances in the premises, or provided for their use, are safe and without risk to health. Both are tempered by the reasonable practicability of this exercise. Section 4 (3) tenancies The obligations under Section 4 are transferred to the tenant, or person under contract, if the terms of the agreement are related to maintenance and repair of premises, access or egress there from, safety of plant or substances and any health risks arising from these.

Section 6 duties of those who manufacture etc. The duties of those who make, supply, design or import anything for use at work to ensure, so far as is reasonably practicable, that the article is so designed and constructed, that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work; additionally there is a duty: To carry out testing and examination To provide adequate information on safe use and safe maintenance To revise provided information when these are necessary There is also the Consumer Protection Act 1987 which incorporates fairground equipment into the scope of the Act.

Section 7 – employees’ duties Employees should: Take reasonable care of their own HS and that of others who may be affected by their acts or omissions Co-operate with the employer Regulation 14 of the MHSWR 1999 also places additional duties on the employee Section 8 – duties of person No person shall intentionally and recklessly misuse or interfere with anything provided under the HASAWA 1974 and other legislation in the interests of health, safety or welfare. Section 9 – employer not to charge Employers must not levy, or permit to be levied, any charges for anything done or provided for by health and safety legislation. This includes, for example, personal protective equipment (PPE) and safety equipment such as fire extinguishers.

DUTIES PLACED ON OTHERS Jointly occupiers should co-operate and co-ordinate their activities in such matters as: health and safety training, emergency procedures and welfare provision. It should be noted that the regulations are accompanied by an Approved Code of Practice (ACOP) and guidance.

Levels of duties The absolute duties placed on the employer are qualified by “so far as it reasonably practicable” and the duty on the employee is to take reasonable care. Some regulations require stricter standards of compliance e.g. under COSHH 2002, the duty to make a RA is absolute