The Health & Safety at Work Act 1974:

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Section 2: General duties of employers to their employees.

(1)It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

(2)Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—
 

• (a)the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;

• (b)arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

• (c)the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

• (d)so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;

• (e)the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.

(3)Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.

(4)Regulations made by the Secretary of State may provide for the appointment in prescribed cases by recognised trade unions (within the meaning of the regulations) of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and shall have such other functions as may be prescribed.

(6)It shall be the duty of every employer to consult any such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.

(7)In such cases as may be prescribed it shall be the duty of every employer, if requested to do so by the safety representatives mentioned in [F2subsection (4)] above, to establish, in accordance with regulations made by the Secretary of State, a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his employees and such other functions as may be prescribed.

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Section 4: General duties of persons concerned with premises to persons other than their employees.

(1)This section has effect for imposing on persons duties in relation to those who—
 

• (a)are not their employees; but

• (b)use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there,

and applies to premises so made available and other non-domestic premises used in connection with them.

(2)It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.

(3)Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—
 

• (a)the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or

• (b)the safety of or the absence of risks to health arising from plant or substances in any such premises;

that person shall be treated, for the purposes of subsection (2) above, as being a person who has control of the matters to which his obligation extends.

(4)Any reference in this section to a person having control of any premises or matter is a reference to a person having control of the premises or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

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Section 9: Duty not to charge employees for things done or provided pursuant to certain specific requirements.

No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.

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The Management of Health and Safety at Work Regulations 1999:​

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Regulation 3: Risk assessment

3.—(1) Every employer shall make a suitable and sufficient assessment of
 

• (a)the risks to the health and safety of his employees to which they are exposed whilst they are at work; and

• (b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,

for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.

(2) Every self-employed person shall make a suitable and sufficient assessment of—
 

• (a)the risks to his own health and safety to which he is exposed whilst he is at work; and

• (b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,

for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.

(3) Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer or self-employed person who made it if—
 

• (a)there is reason to suspect that it is no longer valid; or

• (b)there has been a significant change in the matters to which it relates; and where as a result of any such review changes to an assessment are required, the employer or self-employed person concerned shall make them.

(4) An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).

(5) In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of—
 

• (a)the inexperience, lack of awareness of risks and immaturity of young persons;

• (b)the fitting-out and layout of the workplace and the workstation;

• (c)the nature, degree and duration of exposure to physical, biological and chemical agents;

• (d)the form, range, and use of work equipment and the way in which it is handled;

• (e)the organisation of processes and activities;

• (f)the extent of the health and safety training provided or to be provided to young persons; and

• (g)risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC(1) on the protection of young people at work.

(6) Where the employer employs five or more employees, he shall record—
 

• (a)the significant findings of the assessment; and

• (b)any group of his employees identified by it as being especially at risk.

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Regulation 5: Health and safety arrangements

5.—(1) Every employer shall make and give effect to such arrangements as are appropriate, having regard to the nature of his activities and the size of his undertaking, for the effective planning, organisation, control, monitoring and review of the preventive and protective measures.

(2) Where the employer employs five or more employees, he shall record the arrangements referred to in paragraph (1).

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Regulation 7: Health and safety assistance

7.—(1) Every employer shall, subject to paragraphs (6) and (7), appoint one or more competent persons to assist him in undertaking the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions and by Part II of the Fire Precautions (Workplace) Regulations 1997.

(2) Where an employer appoints persons in accordance with paragraph (1), he shall make arrangements for ensuring adequate co-operation between them.

(3) The employer shall ensure that the number of persons appointed under paragraph (1), the time available for them to fulfil their functions and the means at their disposal are adequate having regard to the size of his undertaking, the risks to which his employees are exposed and the distribution of those risks throughout the undertaking.

(4) The employer shall ensure that—
 

• (a)any person appointed by him in accordance with paragraph (1) who is not in his employment—

  • (i)is informed of the factors known by him to affect, or suspected by him of affecting, the health and safety of any other person who may be affected by the conduct of his undertaking, and

  • (ii)has access to the information referred to in regulation 10; and

• (b)any person appointed by him in accordance with paragraph (1) is given such information about any person working in his undertaking who is—

  • (i)employed by him under a fixed-term contract of employment, or

  • (ii)employed in an employment business,

as is necessary to enable that person properly to carry out the function specified in that paragraph.

(5) A person shall be regarded as competent for the purposes of paragraphs (1) and (8) where he has sufficient training and experience or knowledge and other qualities to enable him properly to assist in undertaking the measures referred to in paragraph (1).

(6) Paragraph (1) shall not apply to a self-employed employer who is not in partnership with any other person where he has sufficient training and experience or knowledge and other qualities properly to undertake the measures referred to in that paragraph himself.

(7) Paragraph (1) shall not apply to individuals who are employers and who are together carrying on business in partnership where at least one of the individuals concerned has sufficient training and experience or knowledge and other qualities—
 

• (a)properly to undertake the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions; and

• (b)properly to assist his fellow partners in undertaking the measures they need to take to comply with the requirements and prohibitions imposed upon them by or under the relevant statutory provisions.

(8) Where there is a competent person in the employer’s employment, that person shall be appointed for the purposes of paragraph (1) in preference to a competent person not in his employment​

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Regulation 10: Information for employees

10.—(1) Every employer shall provide his employees with comprehensible and relevant information on—
 

• (a)the risks to their health and safety identified by the assessment;

• (b)the preventive and protective measures;

• (c)the procedures referred to in regulation 8(1)(a) and the measures referred to in regulation 4(2)(a) of the Fire Precautions (Workplace) Regulations 1997;

• (d)the identity of those persons nominated by him in accordance with regulation 8(1)(b) and regulation 4(2)(b) of the Fire Precautions (Workplace) Regulations 1997; and

• (e)the risks notified to him in accordance with regulation 11(1)(c).

(2) Every employer shall, before employing a child, provide a parent of the child with comprehensible and relevant information on—
 

• (a)the risks to his health and safety identified by the assessment;

• (b)the preventive and protective measures; and

• (c)the risks notified to him in accordance with regulation 11(1)(c)

(3) The reference in paragraph (2) to a parent of the child includes—
 

• (a)in England and Wales, a person who has parental responsibility, within the meaning of section 3 of the Children Act 1989(1), for him; and

• (b)in Scotland, a person who has parental rights, within the meaning of section 8 of the Law Reform (Parent and Child) (Scotland) Act 1986(2) for him. 

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The Regulatory Reform (Fire Safety) Order 2005

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Risk Assessment - Article 9

9.—(1) The responsible person must make a suitable and sufficient assessment of the risks to which relevant persons are exposed for the purpose of identifying the general fire precautions he needs to take to comply with the requirements and prohibitions imposed on him by or under this Order.

(2) Where a dangerous substance is or is liable to be present in or on the premises, the risk assessment must include consideration of the matters set out in Part 1 of Schedule 1.

(3) Any such assessment must be reviewed by the responsible person regularly so as to keep it up to date and particularly if—
 

• (a)there is reason to suspect that it is no longer valid; or

• (b)there has been a significant change in the matters to which it relates including when the premises, special, technical and organisational measures, or organisation of the work undergo significant changes, extensions, or conversions,

and where changes to an assessment are required as a result of any such review, the responsible person must make them.

(4) The responsible person must not employ a young person unless he has, in relation to risks to young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).

(5) In making or reviewing the assessment, the responsible person who employs or is to employ a young person must take particular account of the matters set out in Part 2 of Schedule 1.

(6) As soon as practicable after the assessment is made or reviewed, the responsible person must [F1make a record of the assessment or review, which must in particular include the information prescribed by paragraph (7).]

(7) The prescribed information is—
 

• (a)the F2... findings of the assessment, including the measures which have been or will be taken by the responsible person pursuant to this Order; and

• (b)any group of persons identified by the assessment as being especially at risk.

(8) No new work activity involving a dangerous substance may commence unless—
 

• (a)the risk assessment has been made; and

• (b)the measures required by or under this Order have been implemented.

Plus much much more......

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The Health & Safety at Work Act 1974:

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Section 7 General duties of employees at work.

It shall be the duty of every employee while at work—
 

• (a)to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and

• (b)as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.

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Section 8: Duty not to interfere with or misuse things provided pursuant to certain provisions.

No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.

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The Management of Health and Safety at Work Regulations 1999

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​​Regulation 14: Employees' duties

14.—(1) Every employee shall use any machinery, equipment, dangerous substance, transport equipment, means of production or safety device provided to him by his employer in accordance both with any training in the use of the equipment concerned which has been received by him and the instructions respecting that use which have been provided to him by the said employer in compliance with the requirements and prohibitions imposed upon that employer by or under the relevant statutory provisions.

(2) Every employee shall inform his employer or any other employee of that employer with specific responsibility for the health and safety of his fellow employees—
 

• (a)of any work situation which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a serious and immediate danger to health and safety; and

• (b)of any matter which a person with the first-mentioned employee’s training and instruction would reasonably consider represented a shortcoming in the employer’s protection arrangements for health and safety.

in so far as that situation or matter either affects the health and safety of that first mentioned employee or arises out of or in connection with his own activities at work, and has not previously been reported to his employer or to any other employee of that employer in accordance with this paragraph.

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The Crown Prosecution Service takes the following information into consideration when bringing a case before the courts.

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• Within the Public's Interest,

• Deters Others from Similar Activities,

• Degree of Culpability (Can be Proven)

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Health and safety – Organisations

• Breach of duty of employer towards employees and non-employees

• Breach of duty of self-employed to others Health and Safety at Work Act 1974 (section 33(1)(a) for breaches of sections 2 and 3)

• Breach of Health and Safety regulations Health and Safety at Work Act 1974 (section 33(1)(c))

Health and safety – Individuals

• Breach of duty of employer towards employees and non-employees

• Breach of duty of self-employed to others

• Breach of duty of employees at work Health and Safety at Work Act 1974 (section 33(1)(a) for breaches of sections 2, 3 and 7)

• Breach of Health and Safety regulations Health and Safety at Work Act 1974 (section 33(1)(c))

• Secondary Liability Health and Safety at Work Act 1974 (sections 36 and 37(1) for breaches of sections 2 and 3 and section 33(1)(c))

Corporate manslaughter

• Corporate Manslaughter and Corporate Homicide Act 2007 (section 1)

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Environmental Protection

• Environmental Protection Act 1990

Environmental Agency Bodies:

• Environmental Agency (England),

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• Natural Resource of Wales (Wales),

• Scottish Environmental Protection (Scotland),

• Northern Ireland Environmental Agency (Northern Ireland),

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Fine values are recorded below, and taken into consideration with regards to the business profits (Large, Medium, Small & Micro) as recorded via the Sentencing Councils Guidelines.