Health - PowerPoint PPT Presentation

1 / 27
About This Presentation
Title:

Health

Description:

'to ensure, so far as is reasonably practicable, the health, safety ... One of the few duties under h&s law where the 'guilty mind' has to be proven (mens rea) ... – PowerPoint PPT presentation

Number of Views:36
Avg rating:3.0/5.0
Slides: 28
Provided by: hsf
Category:
Tags: health | mens | rea

less

Transcript and Presenter's Notes

Title: Health


1
Health Safety at Work Etc. Act 1974
2
Section 2 (1)-Employers Duty
  • to ensure, so far as is reasonably practicable,
    the health, safety and welfare at work of all his
    employees

3
Section 2(2)
  • Provide and maintain plant systems of work that
    are, sfairp, safe and without risks to health.
  • Have arrangements for ensuring, sfairp, safety
    and absence of risks to health in connection with
    the use, handling, storage and transport of
    articles substances.

4
Section 2(2)
  • Provide such information, instruction, training
    supervision as is necessary to ensure, sfairp,
    the health safety at work of his employees.
  • Sfairp as regards any place of work under the
    employers control, maintain it in a condition
    that is safe and without risks to health, and
    provide and maintain means of access and egress
    that are safe and without such risks.

5
Section 2(2)
  • Provide and maintain a working environment for
    his employees that is, sfairp, safe, without
    risks to health, and adequate as regards
    facilities and arrangements for their welfare at
    work.

6
Section 2(3)
  • Prepare written general hs policy
  • If 5 or more employees
  • Organisation and arrangements for carrying out
    the policy
  • Revise when appropriate
  • Bring statement and any revision to notice of all
    employees

7
Section 2(4), (5), (6) (7)
  • Appointment of Safety Reps from Trade Unions
  • Election of Safety Reps
  • Consulting Safety Reps
  • Establish a safety committee if requested by
    Safety Reps

8
Section 3 (1)-Duties to Others
  • It shall be the duty of every employer to conduct
    his undertaking in such a way as to ensure, so
    far as is reasonably practicable, that persons
    not in his employment who may be affected by his
    work, are not exposed to risks to their health or
    safety.

9
Section 3(2)
  • Self employed to look after himself and others
    who may be affected by his work (sfairp)

10
Section 3(3)
  • Provide information on risks from employers
    undertaking to others who may be affected

11
Section 4 Persons in Control of premises
  • Ensure safety of people who work in the premises
  • Criminal counterpart of Occupiers Liability Act

12
Section 5-Control of harmful emissions into the
atmosphere
  • Persons in control of premises to use best
    practicable means to prevent noxious or offensive
    substances being emitted into the air
  • Also a duty to render harmless and inoffensive
    such substances as may be emitted
  • The Environmental Protection Act 1990 places
    greater emphasis on this

13
Section 6-Designers, Manufacturers, Importers
Suppliers
  • Ensure that articles, sfairp, are so designed and
    constructed as to be safe and without risks when
    being set, cleaned, used or maintained by a
    person at work
  • Articles must be tested and information provided
  • Amended by Consumer Protection Act 1987

14
Section 7-Duties of Employees
  • Take reasonable care for health safety of
    himself and other persons who may be affected by
    his acts or omissions
  • Co-operate with employer to enable him to meet
    his statutory obligations

15
Section 8-Interference Misuse
  • No person shall intentionally or recklessly
    interfere with or misuse anything provided in the
    interests of health, safety or welfare.
  • One of the few duties under hs law where the
    guilty mind has to be proven (mens rea)

16
Section 9 No Cost to Employees
  • 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.

17
Section 15
  • Power to make regulations under the Act
  • Proposals are submitted by HSC after consultation
    (CDs)
  • Power to repeal or modify existing statutory
    provisions

18
Section 16
  • Gives HSC power to approve and issue ACOPs which
    provide guidance on how to comply with the Act
    and related legislation
  • HSC requires consent of Secretary of State, but
    must consult first (CD)
  • Examples
  • SRSC Regs 1977
  • Management of HS at Work Regs 1999
  • COSHH 1999

19
Section 18-Enforcement
  • LAs retail sale, offices, catering,
    entertainment, residential accommodation etc.
  • HSE All circumstances where no other authority
    has been given responsibility

20
Section 19-Inspector Appointment
  • Every inspector issued a warrant of appointment
    which specifies what powers they have been given

21
Section 20-Powers of Inspectors
  • Enter premises take policeman or others
  • Investigate measurements, photographs, samples,
    tests
  • Inspect/take copies of documents
  • Confiscate or dismantle any article
  • Interview anyone/take written statements

22
Section 21-Improvement Notices
  • When hs legislation is contravened
  • Inspectors must specify the statutory provision
    breached and reasons why
  • Inspectors may state what action is necessary to
    remedy matters (e.g. by referring to guidance or
    ACOPs)

23
Section 22-Prohibition Notices
  • When there is a risk of serious personal injury
  • Prohibits the carrying on of the work activity
  • Can be immediate or deferred
  • Doesnt have to be breach of law
  • If law is being broken, it must say so
  • Must state the matters which give rise to the
    risk, and may include required remedial actions

24
Section 33 Offences, Penalties and Prosecutions
  • Summary, Indictment
  • Fines
  • Imprisonment

25
Who can be Prosecuted?
  • Section 37 If an offence committed by a
    corporate body was committed with the consent or
    connivance of or because of the negligence of a
    director, manager, secretary or other officer,
    then they are also guilty of the offence and may
    be prosecuted as well as the corporate body

26
Who can be Prosecuted?
  • Section 36 - If someone (person A) commits an
    offence because of an act or default of another
    person (person B), then person B will also be
    guilty of the offence and can be prosecuted,
    whether or not proceedings are taken against
    person A.

27
Section 40-Exclusion of Civil Liability
  • No right of civil action arising from failure to
    comply with Sections 2-8
  • Breaches of any duties imposed by bs Regs are
    actionable unless the Regs themselves state
    otherwise (e.g. Management Regs (for now))
Write a Comment
User Comments (0)
About PowerShow.com