The Health & Safety at Work Act 1974
The Health & Safety at Work Act 1974 (HASAWA) is the primary piece of health and safety legislation in the UK and provides a comprehensive legislative framework to promote, stimulate and encourage high standards of health and safety in the workplace. Its ultimate aim is to promote safety awareness and effective safety standards in every organisation.
The HASAWA is primarily a non prescriptive form of Legislation based on the principal of a duty of care, implying risk assessment as the basis for action. The HASAWA is regarded as an umbrella piece of legislation as it facilitates numerous sets of Regulations which sit underneath it.
The defining characteristics of the HASAWA are that it is written in as near normal English as possible for a legal document so that it can be read and understood by the entire workforce.
One of the main aims of the HASAWA is to involve everyone from management, employees, the self-employed, employees' representatives, the controllers of premises and the manufacturers of plant, equipment and materials in the matters of health and safety. The HASAWA makes it a requirement that the public are protected in areas where they may be affected by the activities of people at work.
Other defining traits of the HASAWA are that it introduced the concept of 'so far as is reasonably practicable' and a quantum scale of risk which advocates that the management of risk is a balance between the risk and the time, trouble and cost to manage it. That is, to keep things in proportion - not safety for safety's sake, and certainly not advocating wearing goggles to play conkers.
The Act is seen as an enabling measure, superimposed on the health and safety legislation which existed at the time. Much of this has now been repealed and replaced by more modern regulations, supported in some cases by Approved Codes of Practice, some as a result of directives from the European Union. The main change from the old legislation is the duty imposed upon employers to assess and respond to risks, and the requirement to provide information and training to the workforce.
For more information visit:
www.opsi.gov.uk/si/si1989/Uksi_19890840_en_1.htm
The Management of Health & Safety at Work Regulations 1999
The Management of Health & Safety at Work Regulations 1999 first enacted 1992. These Regulations introduced new concepts into the field of safety management. The Regulations were updated in 1999.
Regulation 3 is the key regulation which introduces the requirement for all employers and self-employed persons to assess the risks to workers in their undertakings, and to any other persons who may be affected.
For more information visit:
www.uk-legislation.hmso.gov.uk/si/si1999/19993242.htm
The Workplace (Health, Safety & Welfare) Regulations 1992
The Workplace (Health, Safety and Welfare) Regulations 1992 complete a series of six sets of health and safety regulations implementing EC Directives, and replace a number of old and often excessively detailed laws. They cover a wide range of basic health, safety and welfare issues and, unlike the Factories Act 1961 and the Offices, Shops and Railway Premises Act 1963, apply to most workplaces.
Employers have a general duty under section 2 of the Health and Safety at Work. Act 1974 to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees at work. People in control of non-domestic premises have a duty under section 4 of the Act towards people who are not their employees but use their premises. The Regulations expand on these duties and are intended to protect the health and safety
of everyone in the workplace, and ensure that adequate welfare facilities are provided for people at work.
These Regulations aim to ensure that workplaces meet the health, safety and welfare needs of all members of a workforce, including people with disabilities. Several of the Regulations require things to be 'suitable'. Regulation 2(3) makes it clear that things should be suitable for anyone. This includes people with disabilities. Where the workforce includes people with disabilities, it is important to ensure the workplace is suitable for them, particularly
traffic routes, toilets and workstations.
For more information visit:
www.opsi.gov.uk/si/si1992/Uksi_19923004_en_1.htm#end
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Tim Garnham, Director
