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On Safe Lines Free Advice on UK Health and Safety Law on Risk and Risk Management to Help You Manage Health and Safety Responsibilities
The Health and Safety at Work etc Act 1974
HSW 1974 Act is the primary health and safety legislation in the UK today. The Act saw a move away from prescriptive to proscriptive requirements. The basis of the new law was to place responsibility on employers and employees alike to discharge their own health and safety responsibilities. This proscriptive requirement gave employers a duty to ensure ‘so far as is ‘reasonably practicable’, the health, safety and welfare of their employees and any others affected by their work.
The changes introduced by this proscriptive legislation have proved a challenge to many small and medium size companies, which faced having to deal with duties that were less clear and not prescriptive in nature. In essence risk assessment was a phrase that we would soon become familiar with. The duties under this act can be managed by contract although they cannot be completely transferred, however it is clear that many companies exist merely to support the health and safety requirements of others.
In general, an employer's duties include:
- making the workplace safe and without risks to health;
- ensuring plant and machinery is safe and that safe systems of work are set and followed;
- ensuring articles and substances are moved, stored and used safely;
- providing adequate welfare facilities;
- the provision of information, instruction, training and supervision necessary for employee’s health and safety.
Management of Health and Safety at Work Regulations 1999
The requirements under these regulations are in addition to those under the HSW Act 1974 and they extend the employers general duties towards health and safety.
The main proviso is that employers and self-employed persons must carry out a risk assessment, covering workers and others who may be affected by their work activities. The assessment should address the effect of their activities and other considerations such as the condition of the premises. Employers are responsible for ensuring that any person(s) appointed to assist them with health and safety matters is competent to do so.
For further guidance see “Basic Model for Risk Assessment Management”
What is Reasonably Practicable
The phrase 'so far as is reasonably practicable' is used throughout the Health and Safety at Work Act and the Regulations made under this Act to qualify the duties on employers and others. The phrase itself is not defined in the law but in court cases judges have taken it to mean the trouble, time and expense that needs to be taken to avert the risk must be balanced against the risk itself. This calculation has to be made before the risk manifests itself as an injury to someone or damage to their health. Thus the decision as to whether or not it is reasonably practicable to introduce a health and safety measure must be taken at the preventive stage, before any possible adverse event takes place.
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Main UK Legislation
