12 Health and Safety Legislation

Legislation

• Health and Safety at Work Act (HASAWA) 1974• Workplace (Health, Safety and Welfare) Regulations

1992• Personal Protective Equipment Regulations 1992• Health and Safety (Display Screen Equipment)

Regulations 1992• Reporting of Injuries, Diseases and Dangerous

Occurrences Regulations 1995 • Manual Handling Operations Regulations 1998• Provision and Use of Work Equipment Regulations

1998• Management of Health and Safety at Work

Regulations 1999• Control of Substances Hazardous to Health (COSHH)

Regulations (amended 2002)

Duties of the employer

• Safe and adequate plant and equipment

• Safe premises and/or place of work

• Competent and safe fellow employees

• Safe system of work

Specific issues

• Smoking

• Repetitive strain injury

Duties of the employee

• Reasonable care of the health and safety of self and others

• Co-operation with the employer

• Use of any personal protective equipment that is provided

• Following of appropriate systems of work

• Informing the employer of any dangers

Stress

• Foreseeability

• What should the employer have reasonably been expected to know?

• Liability applies to psychiatric as well as physical injury

• Type of work

Penalties

Tort of negligence

• The employer owes the employee a duty of care

• The employer has breached that duty through negligence

• The employee has suffered damage as a result of that negligence

Contractual claim

• Breach of contract

• Breach of mutual trust and confidence

• Possible constructive dismissal

Criminal action

• HASAWA

• Fine or imprisonment

• Corporate manslaughter/homicide

Good standards

• Written statements

• Safety representatives

• Safety committees

Consultation with employees

• Representatives

• Give information

• Consult

• Answer questions

Health and Safety Executive

• Enforce HASAWA

• Improvement notice

• Prohibition notice