Element A9

Element A9
 HASAWA 74

 Covers all employment activities

 Except private domestic workers

 Prior to Act
 Factories Act – only manual labour

 Provides enforcement powers

 HSE
 LA EHO

Element A9
 HASAWA 74

 Applies to
 Employers
 Employees
 Self employed
 Sub’s
 Visitors
 Public
 Designers
 Suppliers
 Importers
 Directors
 Managers Element A9
 HASAWA 74

 Duties on EMPLOYERS
 Sec 2 – 4
 Sec 6
 Sec 9

 Duties on EMPLOYEES
 Sec 7

 Duties on ALL
 Sec 8

Element A9
 HASAWA 74

 REGULATIONS
 Made under sec 15, Schedule 3
 Regulations will amplify the general duties under
HASAWA

 General duties
 Employers to employees
 Employees at work etc
 Specific duties (in addition to gen)
 Req’s for policy
 Consultation arrangements
Element A9
 HASAWA 74

 Sec 1
 General purpose of the act

Element A9
 HASAWA 74

 Sec 2
 (1) GENERAL
 Every employer shall ensure, SFAIRP, the HSW of all
employees at work.
 Determine and ensure wide range of actions to benefit HSW of
employees
 (2) SPECIFIC
 (a) provision and maint of plant and systems of work
 (b) ensure safety and absence of risks in connection to use,
handling, storage, transport of articles and substances
 (c) prov of training, instruction, info, supervision
 (d) safe premises – access, egress, safe and without risk
 (e) working env – welfare facilities and arrangements

Element A9
 HASAWA 74

 Sec 2
 (3) safety policies
 Prepare, revise, bring to attn of workers, arrangements in
place, written (+5)
 (4) appt of safety reps
 Led to SRSC 77
 (6) duty to consult
 SRSC
 (7) safety committee
 If requested by rec. TU reps (SRSC)

Element A9
 HASAWA 74

 Sec 3
 general duties of employers and self emp to persons
other than employees

 (1) conduct undertakings – persons not in emp not

exposed to risks

 (2) self emp – neither themselves or others are

affected by activities (Reas. Prac)

Element A9
 HASAWA 74

 Sec 4
 Safe Premises Non Domestic as place of work
 Anyone in control of plant / prem used by persons not in
employment must ensure
 Safe access / egress
 Plant and substances - Safe and without risk to health

 (3) tenancies
 Obligations transfer to tenant if terms of agreement relate to
repair

 Degree of control dictates measures + ReasPrac

Element A9
 HASAWA 74

 Sec 6
 Those who manufacture etc
 Design
 Make
 Import
 Supply anything for use at work

 Ensure it is safe and without risk

 When used, set, cleaned, maintained
 Also to test / examine
 And provide adeq info for safe use / dismant / disp
 Revise info if it becomes known to give rise to risk
 Also for substances
Element A9
 HASAWA 74

 Sec 7
 EMPLOYEES DUTIES
 Reasonable care of own H+S and that of others who may be
affected by acts or omissions
 Co-operate with employer so as to ensure employer can
comply

 Sec 8
 Not to interfere / misuse
 Not to intentionally or recklessly…. Anything provided under
Act and Regs

Element A9
 HASAWA 74

 Sec 9
 Not to charge employees
 For anything done or provided to meet specific requirments
 PPE
 First aid
 Training etc

 Sec 15
 Delegated regulations

 Sec 16
 ACOPS – approval by HSE
Element A9
 HASAWA 74

 Sec 17
 Use of ACOPS in criminal proceedings
 Used only as supporting evidence

 Sec 18 – 20
 Appointment of and Powers of inspectors
 Warrant carried – right of entry – to use these powers

 Sec 21
 Improvement notices
 Sec 22
 Prohibition notices Element A9
 HASAWA 74

 Sec 24
 Appeals – notices

 Sec 25
 Deal with imminent danger – inspectors
 Article or substance – sieze

 Sec 28
 Inspectors to give info to employees or reps
 Proposed actions
 Factual info about inspection

Element A9
 HASAWA 74

 Enforcement options
 Advice – verbal / writing
 Warning – non compliance
 Notices
 Cautions
 Offender must admit breach and accept caution
 Prosecute
 Vary license conditions

Element A9
MHSWR 99

Element A9
 MHSWR 99

 Reg 3
 Risk assessment
 Suitable and sufficient
 Reg 4
 Principles of prevention

 Reg 5
 H+S arrangements
 Planning, Organising, Control, Monitor and review
 Of prev and prot measures

Element A9
 MHSWR 99

 Reg 6
 Health surveillance

 Reg 7
 H+S Assistance
 Competent persons

 Reg 8
 Serious and imminent danger
 Procedures, comp persons, evacuation etc

Element A9
 MHSWR 99

 Reg 9
 Contact with external services
 Employees to contact when needed
 High risk – plan routinely

 Reg 10
 Info for employees
 R/A’s
 P + P measures
 Emerg procedures
 ID of comp persons – evac, fire fighting, first aid etc

Element A9
 MHSWR 99

 Reg 11 + 12
 Co-op and co-ordination
 Shared workplaces – info given to contractors
 Fire prec etc, employees at risk etc
 Contractors employees – training and instruction

 Reg 13
 Capabilities and training
 Recruitment, exposure to new risks, change, transfer, new
equip
 Repeat as necessary

Element A9
 MHSWR 99

 Reg 14
 Employees duties
 Use equip, substances etc only in accordance with
instruction and training
 Duty to report concerns

 Reg 15
 Temp workers
 Skills and qual to work safely

 Reg 16 – 18
 New / expectant mothers
 R/A’s Element A9
 MHSWR 99

 Reg 19
 Young persons
 Protect from risk – lack of exp, awareness etc
 Physical capabilities

 Reg 21
 No defense that comp persons or employees are to
blame – criminal proceedings
 Reg 22
 No civil action to non employees under these regs

Element A9
ACOPS

Element A9
 ACOPS

 Advice and guidance

 Professional standing and weight to drive appropriate
action by duty holders

 Interpretation of law
 States how to comply

 Guidance
 More practical help in fulfilling legal obl.

Element A9
 ACOPS

 HASAWA Sec 16
 Made under this law
 Approved by HSE after consent from Sec of State

 Quasi-law
 Not law – but may be used as evidence / defense

Element A9
 ACOPS

 HSE Guidance

 Guidance notes
 Advisory literature
 Online docs
 Accompanying regs
 All state how legal req’s may be complied with
 Best practice
 Amplify and clarify ACOP
 Not mandatory
 Compliance would demonstrate good practice

Element A9
 COMAH

 Control of Major Accident Hazards

Regs 1999

 Control of dangerous substances

 Harm to people and / or env

 Safety Case
 Major Acc Prev Policy
 Safety Report
 Emerg. Plan

Element A9