Health & Safety at

Work Etc. Act 1974

Section 2 (1)-Employers Duty
to ensure, so far as is reasonably
practicable, the health, safety and
welfare at work of all his employees
Section 2(2)
(a) Provide and maintain plant & systems of
work that are, sfairp, safe and without
risks to health.

(b) Have arrangements for ensuring, sfairp,
safety and absence of risks to health in
connection with the use, handling,
storage and transport of articles &
substances.

Section 2(2)
(c) Provide such information, instruction,
training & supervision as is necessary to
ensure, sfairp, the health & safety at
work of his employees.

(d) Sfairp as regards any place of work
under the employers control, maintain it
in a condition that is safe and without
risks to health, and provide and
maintain means of access and egress
that are safe and without such risks.
Section 2(2)
(e) Provide and maintain a working
environment for his employees that is,
sfairp, safe, without risks to health, and
adequate as regards facilities and
arrangements for their welfare at work.
Section 2(3)
Prepare written general h&s policy
If 5 or more employees
Organisation and arrangements for
carrying out the policy
Revise when appropriate
Bring statement and any revision to
notice of all employees
Section 2(4), (5), (6) & (7)
Appointment of Safety Reps from
Trade Unions
Election of Safety Reps
Consulting Safety Reps
Establish a safety committee if
requested by Safety Reps


Section 3 (1)-Duties to Others
It shall be the duty of every
employer to conduct his undertaking
in such a way as to ensure, so far as
is reasonably practicable, that
persons not in his employment who
may be affected by his work, are not
exposed to risks to their health or
safety.
Section 3(2)
Self employed to look after himself
and others who may be affected by
his work (sfairp)
Section 3(3)
Provide information on risks from
employers undertaking to others
who may be affected
Section 4 Persons in Control of
premises
Ensure safety of people who work in
the premises
Criminal counterpart of Occupiers
Liability Act

Section 5-Control of harmful
emissions into the atmosphere
Persons in control of premises to use
best practicable means to prevent
noxious or offensive substances
being emitted into the air
Also a duty to render harmless and
inoffensive such substances as may
be emitted
The Environmental Protection Act
1990 places greater emphasis on
this
Section 6-Designers, Manufacturers,
Importers & Suppliers
Ensure that articles, sfairp, are so
designed and constructed as to be
safe and without risks when being
set, cleaned, used or maintained by
a person at work
Articles must be tested and
information provided
Amended by Consumer Protection
Act 1987
Section 7-Duties of Employees
Take reasonable care for health &
safety of himself and other persons
who may be affected by his acts or
omissions
Co-operate with employer to enable
him to meet his statutory obligations
Section 8-Interference & Misuse
No person shall intentionally or
recklessly interfere with or misuse
anything provided in the interests of
health, safety or welfare.
One of the few duties under h&s law
where the guilty mind has to be
proven (mens rea)
Section 9 No Cost to Employees
No employer shall levy, or permit to
be levied on any employee of his,
any charge in respect of anything
done or provided in pursuance of
any specific requirement of the
relevant statutory provisions.
Section 15
Power to make regulations under
the Act
Proposals are submitted by HSC
after consultation (CDs)
Power to repeal or modify existing
statutory provisions
Section 16
Gives HSC power to approve and issue
ACOPs which provide guidance on how to
comply with the Act and related
legislation
HSC requires consent of Secretary of
State, but must consult first (CD)
Examples:
SR&SC Regs 1977
Management of H&S at Work Regs 1999
COSHH 1999

Section 18-Enforcement
LAs: retail sale, offices, catering,
entertainment, residential
accommodation etc.
HSE: All circumstances where no
other authority has been given
responsibility
Section 19-Inspector Appointment
Every inspector issued a warrant of
appointment which specifies what
powers they have been given

Section 20-Powers of Inspectors
Enter premises take policeman or
others
Investigate measurements,
photographs, samples, tests
Inspect/take copies of documents
Confiscate or dismantle any article
Interview anyone/take written
statements
Section 21-Improvement Notices
When h&s legislation is contravened
Inspectors must specify the
statutory provision breached and
reasons why
Inspectors may state what action is
necessary to remedy matters (e.g.
by referring to guidance or ACOPs)
Section 22-Prohibition Notices
When there is a risk of serious personal
injury
Prohibits the carrying on of the work
activity
Can be immediate or deferred
Doesnt have to be breach of law
If law is being broken, it must say so
Must state the matters which give rise to
the risk, and may include required
remedial actions
Section 33 Offences,
Penalties and Prosecutions
Summary, Indictment
Fines
Imprisonment

Who can be Prosecuted?
Section 37 If an offence
committed by a corporate body was
committed with the consent or
connivance of or because of the
negligence of a director, manager,
secretary or other officer, then they
are also guilty of the offence and
may be prosecuted as well as the
corporate body
Who can be Prosecuted?
Section 36 - If someone (person A)
commits an offence because of an
act or default of another person
(person B), then person B will also
be guilty of the offence and can be
prosecuted, whether or not
proceedings are taken against
person A.
Section 40-Exclusion of Civil
Liability
No right of civil action arising from
failure to comply with Sections 2-8
Breaches of any duties imposed by
b&s Regs are actionable unless the
Regs themselves state otherwise
(e.g. Management Regs (for now))