The Health & Safety at Work Act 1974: (summarised)

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Employer’s Duty to Their Employees.

Section 2: of the Act states the duties of the employer towards their employees. (Broken down into sub-sections).

Section 2(1): State the general duties of the employer towards their employees. 

‘to ensure, so far as reasonably practicable, the health, safety and welfare at work of all [their] employees’

Section 2(2): States the specific duties of the employer to their employees, are to provide so far as reasonably practicable.

o   2(2)a: Safe plant and systems of work

o   2(2)b: Safe use, handling, storage and transport of articles and substances

o   2(2)c: Information, instruction, training and supervision, 

o   2(2)d: A safe workplace and safe access to it and egress from it

o   2(2)e: a safe working environment with adequate welfare facilities

Section 2(3)-2(7):

o   Section 2(3): requires an employer to prepare a written health and safety policy, where the employer has five or more employees, that includes general statement of policy and the organisation and arrangement for the carrying it out. This policy must be revised as necessary and brought to the attention of employees. 

o   Section 2(4): concerns the appointment of a safety representatives by recognition trade unions. 

o   Section 2(6): requires employers to consult with a safety representative.

o   Section 2(7): requires employers to establish a safety committee. 

The Employers Duty to Others

Section 3: places a duty on the employers to ensure, so far as reasonably practicable, that non-employees are not exposed to risk to their health and safety.

(Section 3 also places the same duty on many self-employed people, they carryout their work so that they do not create risk to themselves or others)

Controllers of Premises

Section 4: imposes duties on those who have some degree of control over non-domestic premises that they are making available for others (not their own employees) to use as workplaces or for the work activities. 

The controller of premises duties’ are to ensure, so far as reasonably practicable that: 

o   The premises are safe

o   The means of access and egress are safe

o   Any plant or substances provided by them for use in that premises are safe

Free of Charge to Employees

Section 9: state that the employer cannot charge their employee for things done to achieve legal compliance (Health and Safety) – Caveats apply

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

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The Employer’s Duties

Regulation 3: Risk Assessment

o   The employer shall make a suitable and sufficient assessment of the risks to both their employees and non-employees. 

o   The assessment must be recorded if the employer has five or more employees.

o   The assessment must be reviewed and updated as necessary. 

Principles of Prevention to be Applied

Regulation 4: Principles of Prevention

o   In implementing any preventative and protective measures, the employer must do so on the basis of the some principles of prevention listed in Schedule 1 of MHSWR.

o   This schedule is, in effect an appendix to the regulations that has full legal status. 

Health and Safety Arrangements

Regulations 5: (Plan, Organise, Control, Monitor and Review)

o   The employer must make arrangements for the effective Planning, Organisation, Control, Monitoring and Control of the preventative and protective measures.

o   These arrangements must be recorded where the employer has five or more employees.

Health and Safety Assistance

Regulation 7: Appointment of Competent Person

o   The employer must appoint one or more competent persons to assit them in undertaking the measures they need to take to comply with health and safety law. 

o   A competent person is someone with sufficient training and experience or knowledge and other qualities to enable them to give proper assistance. ​

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Fire Prevention and Preventative Arrangements

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The Regulatory Reform (Fire Safety) Order 2005 (RRFSO) simplified and reformed much of the previous legislation relating to fire safety in non-domestic premises. It places a greater emphasis on fire prevention and relates only to England and Wales. 

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Provision for fire safety in non-domestic premises in Scotland is contained in Part 3 of the Fire (Scotland) Act 2005 and the Fire Safety (Scotland) Regulations 2006. These regulations were made under the Fire (Scotland) Act 2005 and require Fire Risk Assessments to be carried out to remove or reduce the risk of fire. 

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In Northern Ireland, the Fire and Rescue Services (Northern Ireland) Order 2006 and the Fire Safety Regulations (Northern Ireland) 2010 were introduced to simplify existing fire safety legislation in non-domestic premises and reenforce a similar risk-based approach to fire prevention. 

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Each legal framework takes similar approach requiring: 

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• Fire Risk Assessments, 

• Identification of fire hazards and risks, and persons at risk, 

• Removal and reduction of risks as far as reasonable possible, 

• Fire precautions to deal with any remaining risks, including emergency procedures, 

• Recording and review of the risk assessment, 

Plus much much more......

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The Health & Safety at Work Act 1974: 

Employees Responsibilities

Section 7: of the Act states that it shall be the duty of every employee to:

o   To reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions at work

o   Co-operate with the employer to enable compliance with legal requirements

Interference and Misue

Section 8: Not Damage PPE

o   No person shall intentionally or recklessly interfere with or misuse anything provided in the interest of health, safety or welfare in pursuance of legal requirements 

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

Employee’s Duties

Regulation 14: Work with Employer

o   Use equipment and materials in accordance with any instruction and training given

o   Inform the employer of any work situation that represents a serious and immediate danger to health and safety or any shortcomings in the employer’s arrangement for health and safety. 

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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.