HASAWA 1974

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Regulations
Mike Doran
Flashcards by Mike Doran, updated more than 1 year ago More Less
Mike Doran
Created by Mike Doran about 7 years ago
Mike Doran
Copied by Mike Doran about 7 years ago
Mike Doran
Copied by Mike Doran about 7 years ago
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Resource summary

Question Answer
HASAWA S2(1) GENERAL DUTIES OF THE EMPLOYER TO THEIR EMPLOYEES "to ensure, so far as is reasonably practicable, the health, safety and welfare at work with all his employees".
HASAWA S2(2) GENERAL DUTIES OF THE EMPLOYER TO THEIR EMPLOYEES a) Provision and maintenance of safe plant and equipment and a safe system of work. b) Safe arrangements and absence of risks to health for storage, transport, handling and use of articles and substances. c) Provision of adequate instruction, training, supervision and information necessary to ensure the health and safety at work of employees. d) Provision and maintenance of a safe workplace including a safe means of access and egress. e) Provision of a safe working environment and adequate welfare facilities and arrangements.
HASAWA S2(3) GENERAL DUTIES OF THE EMPLOYER TO THEIR EMPLOYEES Health and Safety Policy: Provide a written statement of a safety policy (except where there are less than five employees).
HASAWA S2(4-6) GENERAL DUTIES OF THE EMPLOYER TO THEIR EMPLOYEES Appointment and consultation with Union Safety reps Consult with trade union appointed safety representatives and elected representatives of employee safety.
HASAWA S2(7) GENERAL DUTIES OF THE EMPLOYER TO THEIR EMPLOYEES NON-UNION SAFETY COMMITTEE Where requested in writing by at least two safety representatives, to set up a safety committee.
HASAWA S3 DUTIES TO NON-EMPLOYEES Every employer and self employed person must conduct their undertaking in such a way as to ensure, so far as reasonable practicable, that persons not in their employment who may be affected, are not exposed to risks to their health and safety.
HASAWA S4 General duties of persons concerned with premises to persons other than their employees. E.G. BUILDING CUSTODIANS, This includes a duty to ensure that means of access and egress are safe for those using the premises. Those in control of non-domestic premises also have a duty to ensure, so far as is reasonably practicable, that the premises, the means of access and exit, and any plant (such as boilers and air conditioning units) or substances are safe and without risks to health.
HASAWA S6 General duties of manufacturers etc. as regards articles and substances for use at work. Persons who design, manufacture, import or supply any article or substance for use at work must ensure, so far as is reasonably practicable, that it is safe and without risk to health. Articles must be safe when they are set, cleaned, used and maintained. Substances must be without risk to health when they are used, handled, stored or transported. This requires that information must be supplied on the safe use of the articles and substances. There may be a need to guarantee the required level of safety by undertaking tests and examinations.
HASAWA S7 DUTIES OF EMPLOYEES 7(a) to take reasonable care for the health and safety of themselves and others affected by their acts or omissions; 7 (b) to cooperate with the employer and others to enable them to fulfil their legal obligations.
HASAWA S8 NOT TO INTERFERE WITH OR MISUSE SAFETY PROVISIONS No person is to misuse or interfere with safety provisions (sometimes known as the 'horseplay section').
HASAWA S9 DUTY NOT TO CHARGE EMPLOYEES Employees cannot be charged for health and safety requirements such as personal protective equipment.
HASAWA S20 POWERS OF INSPECTORS Enter any premises which inspectors think it necessary to enter for the purposes of enforcing HSWA and the relevant statutory provisions. They may only enter at a 'reasonable time', unless they think there is a situation which may be dangerous. If they have reasonable cause to expect serious obstruction, they may take a police officer; Order areas to be left undisturbed, take measurements, photographs and recordings, take samples and take possession of, and carry out tests on, articles and substances that appear to have caused (or be likely to cause) danger; Require the production of, inspect and take copies of relevant documents; Require anyone they think might give them relevant information to answer questions and sign a declaration of the truth of the answers; Require facilities and assistance to be provided. Seize and make harmless (by destruction if necessary) any article or substance which they have reasonable cause to believe is a cause of imminent danger of serious personal injury
HASAWA S21 IMPROVEMENT NOTICE If an inspector is of the opinion that a person— (a) is contravening one or more of the relevant statutory provisions; or (b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue or be repeated, he may serve “an improvement notice”) the provision or provisions as to which he is of that opinion, giving particulars of the reasons why he is of that opinion, and requiring that person to remedy the contravention or, as the case may be, the matters occasioning it within such period (ending not earlier than the period within which an appeal against the notice can be brought under section 24) as may be specified in the notice.
HASAWA S22 PROHIBITION NOTICE (1) This section applies to any activities which may involve a risk of serious personal injury
HASAWA S36 Offences due to fault of other person (Supervisor) Where an offence is carried out due to the acts of another person, that other person shall be guilty. ie if the offence was carried out by person A but the cause was down to a fault of person B both persons A or B can be charged under S36
HASAWA S37 OFFENCES BY CORPORATE Basically if a manager or other person knowingly allows someone to commit a breach of safety legislation in that they for example knowingly allow a person to use an unsafe piece of machinery then that person is guilty of connivance and can be prosecuted under S37 of HASWA. Where an offence is committed by a corporate body with the consent or connivance of, or is attributable to any neglect of, a director or other senior officer of the body, both the corporate body and the person are liable to prosecution.
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