Anyone who has a level of responsibility for Health & Safety in their workplace should have an understanding of the Health & Safety At Work etc Act (HSWA) 1974 . Granted, it’s a significant beast but it’s the principle piece of statute law regulating health and safety in the workplace of every industry. Based on my own experience, the key points below are the more common areas enforced by the HSE with Section 2 being particularly relevant to the waste industry:
Section 2(1) states the general duties of the employer towards his employees:
‘to ensure as far as reasonably practicable, the health, safety and welfare at work of all his employees’
Reasonably practicable is the key phrase meaning that a balance must be struck between the level of risk and the cost (time, money and effort) in reducing that risk.
- Section 2(2) states the specific duties of an employer towards employees to include:
- 2(2)(a) – Safe plant and systems of work
- 2(2)(b) – Safe use, handling, storage and transport of articles and substaces
- 2(2)(c) – Information, instruction, training and supervision
- 2(2)(d) – A safe workplace, safe access to it and safe egress from it
- 2(2)(e) – A safe working environment with adequate welfare facilities.
- Section 2(3) – Requires an employer with 5 or more employees to provide a written Health & Safety Policy and for the policy to be communicated to employees.
- Section 2(4) – Concerns the appointment of Safety Representatives by recognised Trade Unions
- Section 2(6) – Requires employers to consult with Safety Representatives
- Section 2(7) – Requires employers to establish a Safety Committee
- Section 3 – Pleaces a duty on employers to ensure, so far as is reasonably practicable, that non-employees are not exposed to risks to their health and safety.
- Section 4 – Imposes duties who have control of non-domestic properties (Commercial landlords)
- Section 6 – Details duties on those who design, manufacture, import, supply and article or substance for use at work.
- Section 7 – Imposes employee duties to take reasonable care for the health and safety of himself and those who may be affected by them. They must work with their employer to enable compliance with legislation.
- Section 8 – No person shall not misuse or interfere with anything provided in the interest of health and safety.
- Section 9 – Employers cannot charge employees for things done to achieve legal compliance.
- Section 35 – Offences due to the fault of others (Safety consultant) means that the other person (Safety consultant) can be prosecuted instead of the employer.
- Section 37 – Directors and Senior Managers are personally liable for Health and Safety.
