Expressed in general terms, the Act imposes over all existing legislation a duty of care on everyone at work according to their role, eg, as an employer, employee, owner/occupier, supplier or self-employed person. Detailed requirements are spelt out in regulations.
Duties of employers (s2)
To ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees, in particular:
- safe plant and systems of work
- the safe use, handling, storage and transport of articles and substances
- the provision of any necessary information, instruction, training and supervision
- a safe place of work with safe means of access and egress
- a safe working environment.
An employer (with more than four employees) must also:
- prepare a written statement of his general health and safety policy
- set down the organisation and arrangements for carrying out the policy
- revise and update as necessary
- bring the policy and arrangements to the notice of all employees
- acknowledge the appointment by recognised trade unions of employee safety representatives (SR) and consult on the arrangements for co-operation on safety measures, and means of monitoring those safety measures;*
- when requested, establish safety committees.
Duties of owners/occupiers (s3-5)
An employer (or selfemployed person) must safeguard not only himself but anyone not in his employment who may be affected by his activities (eg general public) (s3). Those in control of premises must ensure that they are safe, have safe access and egress, and that any plant or substance does not endanger health (eg visitors, customers) (s4)
Duties of suppliers (s6)
Persons designing, manufacturing, importing, or supplying articles or substances for use at work must:
- ensure that they are safe and without risk to health when properly used (eg as advised)
- provide any information necessary to ensure that they are safe and without risk to health when properly used;
- when erecting or installing articles for use at work ensure that they are safe and without risk to health when properly used.
Duties of employees (s7)
Every employee must:
- take reasonable care for his own health and safety
- take reasonable care for the health and safety of anyone who may be affected by his acts or omissions
- co-operate with his employer and others to enable legal obligations to be met.
Other duties (s8-9)
No person must misuse or interfere with anything provided in the interests of health and safety at work.(s8). Employees cannot be charged for anything done, or provided, to comply with legal obligations (s9).
Powers of inspectors (ss20-25)
To enter premises at any times, and to:
- take a Constable with him if necessary
- take with him another authorised person and necessary equipment
- examine and investigate, and to this end require premises, or anything in them, to be left undisturbed
- take measurements, photographs and recordings and require information from any person
- take samples subject to leaving behind a comparable sample
- dismantle or test any dangerous article or test any substance
- take possession of any dangerous article or substance for examination or for use in legal proceedings
- require information, facilities and assistance
- interview persons and take statements
- require the production of any relevant books or documents
- to issue improvement notices (a notice identifying a contravention of the law, and requiring that the situation be remedied by a specified date) (s21)
- to issue prohibition notices (a notice identifying a risk and any actual or impending contravention of the law, and requiring that any activities cease until remedied) (r22)
NB: It is possible to appeal against improvement and prohibition notices, but whereas an improvement notice is suspended awaiting a hearing (before an Industrial Tribunal) a prohibition notice stays in force ie, work may not be resumed.
- to initiate prosecutions
- to seize, destroy or render harmless any article or substance which is a source of imminent danger.
Offences (s33)
It is a summary offence to –
- obstruct enquiries authorised by the Health and Safety Commission (s14)
- prevent or hinder any other person appearing before an Inspector for questioning
- intentionally to obstruct an Inspector
- falsely to pretend to be an Inspector
It is an indictable offence for a person to –
- fail to discharge any general duty (ss2-7)
- contravene other duties (ss8-9)
- attempt to acquire, possess or use explosives
- contravene any requirement imposed by an inspector
- contravene any improvement or prohibition notice or any notice requesting information to be given to the Commission
- use or disclose any information given to the Commission
- make any statement known to be false
- intentionally to make a false entry in any document required by law
- forge a document with intent to deceive
- fail to comply with a Court Order
NB: A summary offence is heard in a Magistrates Court where the maximum penalty is six months imprisonment and/or a £5000 fine. (£20,000 fine for an offence under ss2-6, breach of a prohibition or improvement notice, or a court order).
An indictable offence is heard before a jury in a Crown Court and the maximum penalty is two years imprisonment and an unlimited fine. In both courts, the cost of remedies can be added to the fine. If a regulation has been contravened, failure to comply with an approved code fo practice is admissible in criminal proceedings (s17).
NB: Whereas regulations are enforceable in law, codes of practice are not, but are admissible in evidence as failure to comply.
Where an offence is committed by a person due to the act or default of another, either or both may be prosecuted (s36). Where an offence is committed by a corporate body with the knowledge or through the neglect of a responsible person, both that person and the body corporate are liable to prosecution (s37). In proceedings for an offence, the onus of providing the limits of what was reasonably practicable rests with the accused (s40).
The absence of entries in a statutory record is admissible as evidence of failure to comply with the duty (eg to inspect) (s41). Health and Safety at Work etc Act 1974 The Stationery Office. Safety representatives and safety committees are the subject of separate legislation and guidance (see Summary Sheet A2 and Summary Sheet A20). Related information: see HSE’s ‘L’ and ‘HS(G)’ series including the following HSE reference available from HSE Books.
Writing your health and safety policy statement: guide to preparing a safety policy statement for a small business (ISBN 0 7176 0424 1).
These summary sheets are designed to help users become familiar with the practical requirements of key health and safety law. Please note that only the Courts can authoritatively interpret the law, and users are advised to check the legislation proper and associated codes of practice or guidance where necessary. Consequently, EEF is not responsible for any acts or omissions arising from the use of these sheets. Throughout the summary sheets series, use of the term ‘shall’ indicate a strict duty, but ‘should’ or ‘could’ indicate a qualified duty such as ‘shall, so far as is reasonably practicable’.
These summary sheets are copyright and may not be reproduced without the written permission of EEF, London
© EEF October 2003