Laws and Regulations
The Law and You What Is It All About?
Is it a mandatory requirement that is now law
All Employers, employing one person or more are required to carry out RISK ASSESSMENT. If you employ 5 or more persons you are required by Law to carry out a risk assessment and this assessment must be recorded in WRITING.
Employers are expected to write a Safety Policy Document. There are many areas to be considered when writing a Safety Policy Document.
The Health & Safety at Work Act 1974
The HSW Act 1974 forms the basis of UK health & safety law and it's provisions should be considered before looking at any other relevant legislation. The scope of the Act is very wide and it applies generally to all work places, employers and employees, manufacturers, designers and importers of articles to be used at work and even extends a degree of protection to the general public.
The Act is in four parts. Part 1 contains the most important provisions for people at work. Part 2 contains provisions concerned with the Employment Medical Advisory Service. Part 3 has been repealed and Part 4 contains miscellaneous provision.
The objectives of part 1 of the act are:
- Securing the health, safety and welfare of people at work.
- Protecting people other than those at work against risks to their health and safety arising out of work activities.
- Controlling and keeping and use of explosive or highly flammable or otherwise dangerous substances, and generally preventing people from unlawfully having and using substances.
- Controlling the release into the atmosphere of noxious or offensive substances from premises to be prescribed by regulations.
Comprehensive duties of employers and employees
The Act requires "every employer to ensure as far as reasonably practicable, the health, safety and welfare of all its employees".
The employer's duty extends to:
- Maintenance of a safe workplace, means of access to a working environments
- Provision of safe fire escape routes
- Provision of safe plant and safe systems of work
- Safe storage and transport of substances
- Ensuring substances are able to be used and handled without risks to health and safety
- Provision of training and supervision
- Provision of suitable information and instructions
The Health & Safety regulations
The 1974 Act laid the basis for the progressive replacement of all existing legislation by modern health and safety Regulations and this is the primary means by which the objectives of the 1974 Act are to be achieved. The Act provides a statutory framework for the implementation of European Community directives and the drawing up and enforcement of new regulations without recourse to Parliament.
The Fire Precautions (Workplace) regulations 1997
In 1997 all Employers became responsible for their own fire safety risk assessment, they must now refer to and apply The Management of Health & Safety at Work Regulations 1992 (Risk Assessment).
