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Health and Safety Regulation A
Short Guide |
CONTENTS
What health and safety law requires
Action on health and safety: options
The relationship between the regulator and industry
Appendix I Some important pieces of health and
safety legislation
Why this Guide?
The Health and Safety Commission (HSC) recently
conducted a review of health and safety regulation. It found that people
are confused about the differences between:
- guidance;
- Approved Codes of Practice (ACOPs); and
- regulations
and how they relate to each other.
This leaflet aims to explain how each fits in. It is
for employers and self-employed people, but will be of interest to anyone who
wants to know how health and safety law is meant to work.
What health and safety law requires
The basis of British health and safety law is the Health
and Safety at Work etc Act 1974.
The Act sets out the general duties which employers
have towards employees and members of the public, and employees have to
themselves and to each other.
These duties are qualified in the Act by the
principle of 'so far as is reasonably practicable'. In other words, the
degree of risk in a particular job or workplace needs to be balanced against
the time, trouble, cost and physical difficulty of taking measures to avoid or
reduce the risk.
What the law requires here is what good management
and common sense would lead employers to do anyway: that is, to look at what
the risks are and take sensible measures to tackle them.
The Management of Health and Safety at Work
Regulations 1999 (the Management Regulations) generally make more explicit what employers
are required to do to manage health and safety under the Health and Safety at
Work Act. Like the Act, they apply to every work activity.
The main requirement on employers is to carry out a risk
assessment. Employers with five or more employees need to record the
significant findings of the risk assessment.
Risk assessment should be straightforward in a
simple workplace such as a typical office. It should only be complicated if it
deals with serious hazards such as those on a nuclear power station, a chemical
plant, laboratory or an oil rig.
The HSE leaflet 5 Steps to Risk Assessment
will give you more information.
Besides carrying out a risk assessment, employers
also need to:
- make arrangements for implementing the
health and safety measures identified as necessary by the risk assessment;
- appoint competent people (often
themselves or company colleagues) to help them to implement the
arrangements;
- set up emergency procedures;
- provide clear information and training
to employees;
- work together with other employers
sharing the same workplace.
Other regulations require action in response to particular
hazards, or in industries where hazards are particularly high. A list of the
main regulations which apply generally is in Appendix 1. Some are not qualified
by 'reasonable practicability'.
European Law
In recent years much of Britain's health and safety
law has originated in Europe. Proposals from the European Commission may be
agreed by Member States, who are then responsible for making them part of their
domestic law.
Modern health and safety law in this country,
including much of that from Europe, is based on the principle of risk
assessment described above.
Action on health and safety: options
The Health and Safety Commission and its operating
arm, the Executive (HSC/E), have spent the last twenty years modernising the
structure of health and safety law. Their aims are to protect the health,
safety and welfare of employees, and to safeguard others, principally the
public, who may be exposed to risks from industrial activity.
HSC/E consult fully with people affected by their
legislative proposals, and adopt various approaches based on assessing and
controlling risk (see risk assessment above).
Among the things that can prompt action from HSC/E
are:
- changes in technologies, industries or
risks;
- evidence of accidents and ill health,
plus public concern;
- European Directives.
Where HSC/E consider action is necessary to
supplement existing arrangements, their three main options are:
- guidance;
- Approved Codes of Practice; and
- regulations.
HSC/E try to take whichever option, or options,
allows employers most flexibility and costs them least, while providing proper
safeguards for employees and the public.
Guidance
HSE publishes guidance on a range of subjects
(please see the end of this guide).
Guidance can be specific to the health and safety
problems of an industry or of a particular process used in a number of
industries.
The main purposes of guidance are:
- to interpret - helping people to
understand what the law says - including for example how requirements
based on EC Directives fit with those under the Health and Safety at Work
Act;
- to help people comply with the law;
- to give technical advice.
Following guidance is not compulsory and employers
are free to take other action. But if they do follow guidance they will
normally be doing enough to comply with the law. (Please also see the sections
below on Approved Codes of Practice and regulations, which explain other ways
in which employers are helped to know whether they are doing what the law
requires.)
HSC/E aim to keep guidance up-to-date, because as
technologies change, risks and the measures needed to address them change too.
Approved Codes of Practice
Approved Codes of Practice offer practical examples
of good practice.
The give advice on how to comply with the law by,
for example, providing a guide to what is 'reasonably practicable'. For
example, if regulations use words like 'suitable and sufficient', an Approved
Code of Practice can illustrate what this requires in particular circumstances.
Approved Codes of Practice have a special legal
status. If employers are prosecuted for a breach of health and safety law,
and it is proved that they have not followed the relevant provisions of the
Approved Code of Practice, a court can find them at fault unless they can show
that they have complied with the law in some other way.
HSC plans to consult in 1995 on the role of Approved
Codes of Practice in the health and safety system and the usefulness of the
fifty or so which are current.
Regulations
Regulations are law, approved by Parliament. These
are usually made under the Health and Safety at Work Act, following proposals
from HSC. This applies to regulations based on EC Directives as well as
'home-grown' ones.
The Health and Safety at Work Act, and general
duties in the Management Regulations, are goal-setting (see 'What form do they
take') and leave employers freedom to decide how to control risks which they
identify. Guidance and Approved Codes of Practice give advice, but employers
are free to take other measures provided they do what is reasonably
practicable. But some risks are so great, or the proper control measures so
costly, that it would not be appropriate to leave employers discretion in
deciding what to do about them. Regulations identify these risks and set out
specific action that must be taken. Often these requirements are absolute - to
do something without qualification by whether it is reasonably practicable.
How regulations apply
Some regulations apply across all companies, such as
the Manual Handling Regulations which apply wherever things are moved by hand
or bodily force, and the Display Screen Equipment Regulations which apply
wherever VDUs are used. Other regulations apply to hazards unique to specific
industries, such as mining or nuclear safety law.
What form do they take?
HSC will where appropriate propose regulations in goal-setting
form: that is, setting out what must be achieved, but not how it
must be done.
Sometimes it is necessary to be prescriptive,
that is spelling out in detail what should be done. Some standards are
absolute. For example, all mines should have two exits; contacts with live
electrical conductors should be avoided. Sometimes European law requires
prescription.
Some activities or substances are so inherently
hazardous that they require licensing, for example explosives and
asbestos removal. Certain big and complex installations or operations require
'safety cases', which are large-scale risk assessments subject to scrutiny by
the regulator. For example, the newly privatised railway companies are required
to produce safety cases for their operations.
The relationship between the regulator and industry
As mentioned above, HSC consults widely with those
affected by its proposals.
HSC/E work through:
- HSC's Industry and Subject Advisory
Committees, which have members drawn from the areas of work they cover,
and focus on health and safety issues in particular industries (such as
the textile industry, construction and education or areas such as toxic
substances and genetic modification);
- intermediaries, such as small firms
organisations;
- providing information and advice to
employers and others with responsibilities under the Health and Safety at
Work Act;
- guidance to enforcers, both HSE
inspectors and those of local authorities;
- the day-to-day contact which inspectors
have with people at work.
HSC directly canvasses the views of small firms
through Small Firms Forums. It also seeks views in detail from representatives
of small firms about the impact on them of proposed legislation.
What next?
The Review of Regulation concluded that the present
system of health and safety regulation generally works well, though it
identified several areas where improvements can be made.
The Review sets out a path of legislative change to
be achieved over three to five years from 1994. HSC/E are aiming to remove
unnecessary law and streamline to improve understanding of the law. HSC
believes that the better people understand the law, the more likely they are to
comply with it.
HSC will be consulting on a number of changes to the
law, including:
- getting rid of unnecessary requirements
for paperwork in regulations;
- new modernised regulations on, for
example, flammable substances;
- repeals and revocations without
replacement of regulations which have outlived their usefulness;
- whether the law should be changed to
reflect changing patterns of employment.
Appendix I Some important pieces of health and safety legislation
Besides the Health and Safety at Work Act itself,
the following apply across the full range of workplaces:
- Management of Health and Safety at Work
Regulations 1999: require employers to carry out risk assessments, make
arrangements to implement necessary measures, appoint competent people and
arrange for appropriate information and training.
- Workplace (Health, Safety and Welfare)
Regulations 1992: cover a wide range of basic health, safety and welfare issues
such as ventilation, heating, lighting, workstations, seating and welfare
facilities.
- Health and Safety (Display Screen
Equipment) Regulations 1992: set out requirements for work with Visual
Display Units (VDUs).
- Personal Protective Equipment (PPE)
Regulations 1992: require employers to provide appropriate protective clothing and
equipment for their employees.
- Provision and Use of Work Equipment
Regulations (PUWER) 1998: require that equipment provided for use at
work, including machinery, is safe.
- Manual Handling Operations Regulations
1992:
cover the moving of objects by hand or bodily force.
- Health and Safety (First Aid)
Regulations 1981: cover requirements for first aid.
- The Health and Safety Information for
Employees Regulations 1989: require employers to display a poster telling
employees what they need to know about health and safety.
- Employers' Liability (Compulsory
Insurance) Regulations 1969: require employers to take out insurance
against accidents and ill health to their employees.
- Reporting of Injuries, Diseases and
Dangerous Occurrences Regulations 1995 (RIDDOR): require employers to
notify certain occupational injuries, diseases and dangerous events.
- Noise at Work Regulations 1989: require employers to
take action to protect employees from hearing damage.
- Electricity at Work Regulations 1989: require people in
control of electrical systems to ensure they are safe to use and
maintained in a safe condition.
- Control of Substances Hazardous to
Health Regulations 1999 (COSHH) require employers to assess the risks from
hazardous substances and take appropriate precautions.
In addition, specific regulations cover particular areas, for example
asbestos and lead, and:
- Chemicals (Hazard Information and
Packaging for Supply) Regulations (CHIP 2) 1994 require suppliers to
classify, label and package dangerous chemicals and provide safety data
sheets for them.
- Construction (Design and Management)
Regulations 1994: cover safe systems of work on construction sites.
- Gas Safety (Installation and Use)
Regulations 1998: cover safe installation, maintenance and use of gas systems and
appliances in domestic and commercial premises.
Appendix 2 Further reading
Five steps to risk assessment Leaflet INDG163(rev.1) HSE
Books 1998 (single copy free or priced packs of 10 ISBN 0 7176 1565 0)
Essentials of health and safety at work HSE Books 1994 ISBN 0 7176
0716 X
A guide to the Reporting of Injuries, Diseases and
Dangerous Occurrences Regulations 1995 L73 (Second edition) HSE Books 1999 ISBN 0 7176
2431 5
A short guide to the Personal Protective Equipment
at Work Regulations 1992 Leaflet INDG174 HSE Books 1995 (single copy free or priced packs of 10
ISBN 0 7176 0889 1)
General COSHH ACOP and Carcinogens ACOP and
Biological Agents ACOP. Approved Codes of Practice L5(Third edition) HSE Books
1999 ISBN 0 7176 1670 3
Basic advice on first aid at work Leaflet INDG347 HSE Books
2002 (single copy free or priced packs of 20 ISBN 0 7176 2261 4)
Health and Safety law. What you should know (poster) HSE Books 1999
ISBN 0 7176 2493 5
Introducing the Noise at Work Regulations Leaflet INDG75(rev) HSE
Books 1989 (single copy free or priced packs of 15 ISBN 0 7176 0961 8)
Management of health and safety at work. Approved Code of
Practice and guidance L21 (second edition) HSE Books 2000 ISBN 0 7176 2488
9
Manual handling: solutions you can handle HSG115 HSE Books 1994 ISBN
0 7176 0693 7
Memorandum of guidance on the Electricity at Work
Regulations 1989. Guidance on Regulations HSR25 HSE Books 1989 ISBN 0 7176 1602 9
Safety in the installation and use of gas systems
and appliances. Approved Code of Practice L56 (second edition) HSE Books 1998
ISBN 0 7176 1635 5
VDUs: an easy guide to the Regulations HSG90 HSE Books 1994 ISBN 0
7176 0735 6
Safe use of work equipment. Approved Code of
Practice and guidance L22 (second edition) HSE Books 1998 ISBN 0 7176 1626 6
Working with VDUs leaflet INDG36(rev.1) HSE Books 1998 (single
copy free or priced packs of 10 ISBN 0 7176 1504 9)
Workplace health, safety and welfare : a short guide
for managers
Leaflet INDG244 HSE Books 1997 (single copy free or priced packs of 10 ISBN 0
7176 1328 3)
Whilst every effort has been made to ensure the
accuracy of the references listed in this publication, their future availability
cannot be guaranteed.
HSE priced and free publications are available by
mail order from:
HSE Books, PO Box 1999, Sudbury, Suffolk CO10 2WA
Tel: 01787 881165 Fax: 01787 313995 Website: www.hsebooks.co.uk
(HSE priced publications are also available from
bookshops.)
For information about health and safety ring HSE's
InfoLine Tel: 08701 545500, fax: 02920 859260 e-mail:
hseinformationservices@natbrit.com or write to:
HSE Information Services, Caerphilly Business Park,
Caerphilly CF83 3GG.
This leaflet replaces HSC7 Regulations, Approved
Codes of Practice and other guidance literature.
This publication may be freely reproduced, except
for advertising, endorsement or commercial purposes. The information is current
at 4/96. Please acknowledge the source as HSE.
HSC13
Printed and published by the Health and Safety
Executive 22 April 2003