Every employer must

ensure, as far as is
Employers duties to consult
reasonable practicable, the
with their employees
health, safety and welfare of
all his employees

More specifically, employers must provide:

Safe plant and systems of work
Safe use, handling, transport and storage
of articles and substances.
Any required information, instruction,
training and supervision
Safe place of work (including access and
egress)
A safe environment with adequate welfare
facilities.
Every employer or self employed
person must conduct their
undertaking in such a way as to
ensure AFARP, that person not in
their employment who may be
affected are not exposed to risks

Employers with 5 or more employees must: Those in control of non domestic

Prepare a written health and safety policy.
Set out the organisation and
arrangements for putting the policy into
effect.
Revise and update the policy as needed.
Bring the policy to the notice of
employees.
premises must ensure AFARP that
access / egress and any plant or
substances is safe with without risk
to health (this applies to landlords
and common areas of residential
premises)
Health & Safety at Work Act Health and safety at work
1974 act 1974
Section 2(4-7) Section 1(1)
Health & Safety at Work Act Health & Safety at Work Act
1974 1974
Section 3 Section 2(2)
Health & Safety at Work Act Health & Safety at Work Act
1974 1974
Section 4 Section 2(3)
Designers, manufacturers, importers and
installers of any item for use at work must Employees cannot be
ensure that:
They are safe and without risk to health charged for anything done,
whether used, stored or transported. or provided to comply with
Necessary tests research and
examinations have been carried out. health and safety law (e.g.
Revised information should be given if a PPE)
serious risk becomes known.

Employees duties:
To take reasonable care of themselves and
others who may be affected by their acts Powers for government to
and omissions. make regulations
To cooperate with their employer to
enable then to comply with the law.

Duty on every person: Powers for government to

No person shall misuse or interfere with
anything provided in the interest of health, make Approved Codes of
safety and welfare. Practice
Health & Safety at Work Act Health and safety at work
1974 act 1974
Section 9 Section 6
Health & Safety at Work Act Health & Safety at Work Act
1974 1974
Section 15 Section 7
Health & Safety at Work Act Health & Safety at Work Act
1974 1974
Section 16 Section 8

Powers of Inspectors
Where an offence is committed
due to the fault of another
person, that other may also be
prosecuted.
Where an offence is committed by
the body corporate and is
attributable to any neglect, consent
or connivance of a director or senior
manager, then that person may also
be prosecuted.
Every employer is required to
make a suitable and sufficient
assessment of risk to employees
and risks to other people who
might be affected (e.g. visitors
and public)
Applying the principles of prevention:
Avoiding risks
Evaluating the risks which cannot be avoided
Combating the risks at source.
Adapting the work to the individual
Adapting to technical progress
Replacing the dangerous with the non or less
dangerous.
Developing a coherent policy
Giving collective protective measures priority over
individual.
Giving appropriate instruction to employees.
Formal arrangements must
be devised (and recorded)
for effective planning,
organisation, control,
monitoring and review of
safety measures.
 Management of Health &
Safety at Work Regulations Health and safety at work
1999 act 1974
Regulation 3 Section 20-25
Risk Assessment
Management of Health &
Safety at Work Regulations Health & Safety at Work Act
1999 1974
Regulation 4 Section 36
Principles of Prevention
Management of Health &
Safety at Work Regulations Health & Safety at Work Act
1999 1974
Regulation 5 Section 37
H&S Arrangements

Health Surveillance
Every employer is obliged to
appoint one or more competent
person(s) to advise and assist in
undertaking the necessary
measures to comply with the
relevant statutory requirements.
Procedures must be established
for dealing with serious and
imminent dangers including fire
evacuation plans and
arrangements for other
emergencies.
Any necessary contact
arrangements with external
services for first aid, emergency
medical care and rescue work
must be set up.
Employers duties (making
employees aware of evacuation
procedures , risk assessments,
and appointed persons)
Where two or more employers share a
workplace, each must:
Cooperate with other employees in health
& safety matters.
Take reasonable steps to coordinate their
safety precautions.
Inform the other employers of the risks to
their employees.
 Management of Health &
Management of Health &
Safety at Work Regulations
Safety at Work Regulations
1999
1999
Regulation 9
Regulation 6
Contact with emergency
Health Surveillance
services
Management of Health & Management of Health &
Safety at Work Regulations Safety at Work Regulations
1999 1999
Regulation 10 Regulation 7
Information for Employees Competent Assistance
Management of Health &
Management of Health &
Safety at Work Regulations
Safety at Work Regulations
1999
1999
Regulation 11, 12, 15
Regulation 8
Cooperation and
Serious / Imminent Danger
Coordination
When giving tasks to employees, their
capabilities with regard to health & safety must
be taken into account. Employees must be
provided with adequate health and safety
training:
On recruitment
On the introduction of new procedures,
systems or technology. Training must be
repeated periodically and take place in working
hours.
Equipment and materials must
be used properly in accordance
with instructions and training.
Obligations on employees are
extended to include certain
requirements to report serious
and immediate dangers.
Where work is of a kind that could present a
risk to new or expectant mothers and their
babies, the risk assessment must include an
assessment of such risk. Where risks cannot be
avoided, employer must alter work conditions
or suspend on full pay. The woman must notify
the employer in writing of her pregnancy or
having given birth within the last 6 months or is
breastfeeding.
Employers must protect young persons from risk
at work. The following factors must be
considered:
Physical / psychological capability, pace of work,
temperature, noise, vibration, radiation,
hazardous substances, lack of training,
experience and lack of maturity.
The exception is young people over school age
where: training is needed for the job, they are
supervised, where risk is reduced AFARP.
This provision is to prevent a
defence for an employer by
reason of any act or default of
an employee or a competent
person appointment under
regulation 7. Employees duties
are unaffected by this provision.
Amendment under MHSWR (As amended
2006) changes the civil liability provisions
in the regulations so as to exclude the right
of third parties to take legal action against
employees for contraventions of their
duties under the regulations. This extends
to employees the same protection against
third party action as that provided for
employers.
 Management of Health &
Safety at Work Regulations
1999
Regulation 19
Young Persons
Management of Health &
Safety at Work Regulations
1999
Regulation 21
Provisions as to Liability
Management of Health &
Safety at Work Regulations
1999
Regulation 22
Restriction of civil liabilty for
breach of statutory duty
Management of Health &
Safety at Work Regulations
1999
Regulation 13
Capabilities and Training
Management of Health &
Safety at Work Regulations
1999
Regulation 14
Duties on Employees
Management of Health &
Safety at Work Regulations
1999
Regulation 16-18
New or Expectant Mothers