Legal Framework
H&S Index
Staff Guides and Forms
Getting to grips with manual handling
External Links
Royal Society Prevention of Accidents
Institution of Occupational Safety and Health
Fire safety an employers' guide (Home Office)
The Health and Safety at Work Act 1974 (HSWA) placed general duties upon employers to ensure the health and safety of their employees and others affected by work activities, as far as is reasonably practicable. In particular the employers should ensure:
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A safe place of work
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competent staff
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safe plant and equipment
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safe systems of work
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effective supervision.
Corporate Manslaughter
The Government propose new legislation that means it will be possible in the future to convict organisations of corporate manslaughter if the way in which senior management organise their activities causes death via a 'gross breach' of duty. This place heavy responibilities on senior management to ensure the organiation has in place effective measures to comply with health and safety law.
Employers should also note there has been a sharp increase in criminal prosecutions of individuals for manslaughter. for example the outbreak of legionnaires' disease in Barrow has led to the prosecution of one manager. In January last year the managing director of a small building company was sent to prison for 16 months when one of his employees was killed falling from a roof.
The enforcing government authority for health and safety is the Health and Safety Executive (HSE, see external link opposite). HSE employs inspectors directly (and indirectly through local authorities) to enforce legislation. Those inspectors have powers to enter workplaces, and if necessary serve formal notices to improve work practice or in serious circumstance prohibit activity. Ultimately the HSE enforce legislation through the criminal courts.
A very real additional consideration for employers are their obligations under civil law. Those obligations very much reflect the general duties under the HSWA. All employers are obliged to take out employers' liability insurance from approved companies.
In addition to HSWA there are a large number of regulations which deal with specific hazards such as asbestos, electricity, noise etc. Those regulations set down, often in great technical detail, methods of working.
HSWA also gave employees the right to be involved in health and safety through Safety Representatives and Safety Committees (see consultation page indexed opposite).
For advice on specific subjects not covered in this section see HSE Advice Guides indexed top right opposite.