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health and safety law

Health and Safety law is very extensive. The basis of UK health and safety law is the Health and Safety at Work Act 1974. This sets out the general principles of health and safety compliance and is supplemented by various Regulations, some of which apply to all industries and some of which apply to specific industries, types of premises or specific health and safety issues.

Approved Codes of Practice (ACOPs) are published from time to time containing guidance, examples of good practice and explanations of the law.

The Health and Safety Commission (HSC) is the body responsible for health and safety policy and its executive arm, the Health and Safety Executive (HSE) is responsible for enforcement of health and safety law.In recent years the European Union has been influential in adopting health and safety measures which are implemented by member states, including, of course, the UK.

Health and safety law creates rights and obligations on employers and workers and protection extends beyond an employer's own employees to other workers and visitors the employer's premises.

The employer's duties are to ensure, "so far as is reasonably practicable" the health, safety and welfare of workers, including stress at work. This has to be done by carrying out a risk assessment, consulting safety representatives and safety committees, providing information, instruction and training to workers and others who are in a contractual relationship. Compliance with some Regulations is absolute and not constrained by the "practicability" provision.

Failure by an employer to comply with health and safety law is an offence and may lead to prosecution by the HSE.

Workers who exercise their health and safety statutory rights are protected from detrimental action by their employer.

The following, non exhaustive list gives some examples of areas of work and matters which come within the scope of health and safety law:

  • ventilation
  • temperature
  • lighting
  • cleanliness and waste materials
  • floor space
  • seating
  • sanitation
  • washing facilities
  • smoking
  • visual Display Units (VDUs)

Workers have responsibilities and duties too and may be liable to prosecution as well if they interfere with anything provided in the interests of health and safety.