← Lessons 04-Health and Safety Regulatory Framework

2. Health and Safety at Work etc. Act 1974

  • Objectives: introduce new health and safety regulations and repeal outdated ones.
  • Maintain or improve standards of health, safety and welfare at work.
  • Protect non-workers from risks arising from work activities.
  • Control the keeping and use of dangerous substances.
  • Control emissions of noxious substances into the atmosphere.
  • The Act covers all employers regardless of size or activity and practically all employees at work.
  • From 1 October 2015, self-employed people whose activities create no potential risk to other workers or the public are exempt from health and safety law.

2.1 Employers' General Duties

  • Provide safe equipment, e.g. jacks, axle stands and load-securing equipment.
  • Provide a safe place of work; for drivers this can include the vehicle and customers' premises.
  • Provide safe access to and egress from the workplace.
  • Provide safe systems of work.
  • Provide a healthy working environment, including control/removal of exhaust gases.
  • Provide welfare facilities such as washing and eating facilities.
  • Provide training, instruction and supervision.
  • Provide safe arrangements for the use, handling, storage and transport of articles and substances.
  • Employer's duty is to ensure employee health, safety and welfare so far as reasonably practicable.

2.2 Safety Representatives and Committees

  • Recognised independent trade unions can appoint safety representatives.
  • Employers must consult union-appointed safety representatives on health and safety.
  • Where reasonably practicable, safety representatives should have 2 years' service or 2 years' similar employment experience.
  • Representatives may inspect the workplace and relevant documents with reasonable notice.
  • They are entitled to reasonable paid time off for duties and approved training.
  • An employer must establish a safety committee within 3 months of a written request from at least 2 safety representatives.
  • Without a recognised trade union, employers must still consult employees directly or through elected employee safety representatives.

2.3 Safety Policy Statement

  • Every employer with 5 or more employees must have a written safety policy.
  • It should state the company's commitment to a safe and healthy workplace.
  • It should identify organisation and communication arrangements for health and safety.
  • It should explain arrangements for training, supervision and actions after accidents.
  • The policy must be kept up to date and effectively communicated.

2.4 Employers' Duties to Other Persons

  • Employers must protect people who are not employees but may be affected by work.
  • This includes customers, visitors, members of the public and employees of other organisations.
  • For road transport, this can include people at customers' premises and the wider community.

2.5 Employees' Responsibilities

  • Take reasonable care of their own health and safety.
  • Take reasonable care of others affected by their acts or omissions.
  • Co-operate with the employer in meeting health and safety requirements.