It is for the person alleging that he has done” that which is reasonably practicable ” to establish it . This is unusual, as normally in criminal prosecutions the procurator fiscal has to prove his case beyond reasonable doubt
General duties of employers
Section 2(1) imposes a general duty on an employer to ensure as far as is reasonably practicable, the health, safety and welfare at work of all his employees
Section 2(2)
Then continues by specifying five particular duties which spell out the general duty in detail
- To provide and maintain plant and systems at work that are, so far as is reasonably practicable, safe and without risk to health.
- Arrangements must be made to ensure so far as is reasonably practicable the safety and absence of risk to health in the use, storage and transport of articles and substances
- The provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of all his employees
- So far as is reasonably practicable as regards any place of work under the employers control, he must ensure its maintenance in a condition that is safe and without risk to health and provide a safe means of access and exit
- The provision and maintenance of a working environment that is so far as is reasonably practicable, safe, without risks to health and adequate as regards facilities and arrangements for the welfare of employees at work
Note; It can be seen that the above statutory duties are very similar to those owed by an employer to an employee under common law but they differ n that the duties under s2 are enforced only by criminal sanctions
Section 2(3) States that every employer (unless he has five employees) shall prepare, revise if necessary, and bring to the notice of his employees a written statement of his general policy with respect to the health and safety of his employees and the arrangements in force for the time being for carrying out that policy
Section 2(6) states that it shall be the duty of every employer to consult any safety representatives appointed by recognised trade unions
Section 2(7) states that if requested by the safety representatives, the employer has a duty to establish a safety committee
Section 9 forbids employers to levy any charge on employees in respect of anything done or provided in pursuance of any specified requirement under the statutory provisions
General duties owed by employers and the self-employed to non-employees
Section 3(1) states that every employer is under a duty to conduct his business in such a way so far as is reasonably practicable that non-employees are not exposed to risks to their health and safety (this will include the general public, sub-contractors, visitors and even students on the college campus
Section 3(2) imposes a similar duty on self-employed persons in respect of them-selves and other non- employees
In Regina v Swan Hunter Shipbuilders Ltd (1981) the employers distributed a booklet to their employees giving practical safety rules for the use of oxygen equipment, in particular warning of the dangers of oxygen in confined spaces. The booklet was not given to the employees of their sub-contractor, except on request. A bad fire broke out on a ship because an employee of the sub- contractor left on an oxygen hose, resulting in the death of eight workmen. Swan Hunter were prosecuted and convicted of breach of ss 2(2)a,2(2)c and 3(1)
In R v Associated Octel Ltd(1994) A fire started when a chemical leak ignited, engulfing the plant in flames. Although no-one was injured the fire was classified by the HSE as a “major incident” which endangered the safety of the employees, the neighbouring residents and the emergency services. The company admitted that they had failed to maintain plant and systems of work which were safe and without risk to health. The company was found guilty of breaches of ss 2 and 3 of the HSAW Act and fined £75000 for each breach
In R v British Steel Plc (1995) BS engaged sub-contractors to reposition a platform. The sub-contractors provided two men for the task and a BS engineer was to supervise the work. One of the men was fatally injured. BS had assigned an engineer to supervise but there was conflicting evidence as to whether he had done this properly. BS were found guilty of a breach of s 3(1) of the HSAW Act . They tried to argue that if the engineer was at fault then they should not be liable for his fault and that they had taken such care as is reasonably practicable. The Court of Appeal dismissed this view and said corporate employers could not avoid criminal liability where the Potential harmful event is commited by a person who is not “directing the mind of the company”.
All the following Acts and Regulations apply to your workplace
- The Health & Safety at Work Etc. Act 1974
- The Fire Precautions Act 1971
- The Electricity at Work Regulations 1989
- The Fire Precautions(Workplace)(Amendment Regulations 1999
- Management of Health & Safety at Work Regulations 1999
- Display Screen Equipment Regulations 1992
- Health & Safety First Aid Regulations 1981
- R. I. D. D. O. R. Regulations 1995
- Manual Handling Operations 1992
- Control of Asbestos at Work Regulations 1999
- Safety Signs and Signal Regulations 1996
- Lifting Operations and Lifting Equipment Regulations 1998
- Personal Protective Equipment at Work Regulations
- Provision And use of Work Equipment Regulations 1998
- Workplace ( Health Safety & Welfare) Regulations 1992
- Control of Substances Hazardous to Health Regulations 1999
- Food Safety ( General Food Hygiene) Regulations 1995
- New and Expectant Mothers at Work Regulations 1994 (and more recently fathers)
- Young Persons at Work Regulations 1994
- Disabilities Discrimination Act 1995
- Health & Safety ( Consultation with Employees) Regulations 1996
Legal Responsibilities in the workplace
Explain why Health and Safety has been heavily influenced by European legislation
The statutory instruments known as the “six pack” came into force in Britain in 1992. These safety regulations implemented key European directives on workplace health and safety
The regulations are:
- The Management of Health and Safety at Work Regulations 1999
- Safe Use of Work Equipment, Provision and Use of Work Equipment Regulations (1998)
- Manual Handling Operations Regulations 1992
- Workplace(Health, Safety and Welfare) Regulations 1992
- Personal Protective Equipment at Work Regulations
- The Health and Safety (Display Screen Equipment) Regulations 1992