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Welcome to an on-line health and safety awareness package intended for staff and students working within UofE buildings on the Little France campus who may be interested in learning more about UK law as it relates to health and safety at work.

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Unwritten law dealing with conduct between people, not dealt with by Acts of Parliament. Judgements create precedent for other Judges to follow (recorded in Law ... – PowerPoint PPT presentation

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Title: Welcome to an on-line health and safety awareness package intended for staff and students working within UofE buildings on the Little France campus who may be interested in learning more about UK law as it relates to health and safety at work.


1
HEALTH SAFETY _at_ LITTLE FRANCE HEALTH SAFETY
LAW
Welcome to an on-line health and safety awareness
package intended for staff and students working
within UofE buildings on the Little France campus
who may be interested in learning more about UK
law as it relates to health and safety at work.
Information contained within these pages is
intended for use by University of Edinburgh
staff and students only
2
HEALTH SAFETY _at_ LITTLE FRANCE HEALTH SAFETY
LAW
The material contained in this presentation is
not fully comprehensive, nor necessarily always
completely up-to-date, since law is a complex
subject (fairly superficially summarised in this
presentation) and laws do change. If definitive
information is required, please contact the
Little France Buildings HS Manager, the contact
details for whom are shown on the last pages of
this presentation - Thank you.
Information contained within these pages is
intended for use by University of Edinburgh
staff and students only
3
Last updated January 2012
4
UK Law
  • It may help at the outset to know the meaning of
    the following terms
  • Common Law and Case Law
  • Statute Law
  • Civil Law
  • Criminal Law
  • Acts, Regulations, Orders, ACoPs and
  • Guidance Notes

Approved Codes of Practice
5
Common Law and Statute Law
  • Common Law
  • Unwritten law dealing with conduct between
    people, not dealt with by Acts of Parliament
  • Judgements create precedent for other Judges to
    follow (recorded in Law Reports)
  • Deals with the balance of probabilities (51
    certainty)
  • Outcome is in the form of a remedy or
    compensation
  • Includes negligence, liability, and duty of care,
    and involves defences
  • This Case Law gives rise to Civil Law
  • Statute Law
  • Acts of Parliament and related Regulations
  • Imposes legal duties, which may be absolute,
    practicable, or reasonably practicable
  • Failure to comply is an offence in Criminal Law
    and may give rise to criminal liability and
    penalties
  • Deals with reasonable doubt (98 certainty that
    a decision is beyond reasonable doubt)
  • Gives rise to
  • Criminal Law

6
Civil Law and Criminal Law (1)
  • Civil Law
  • Based on Common Law
  • Regulates relationships between legal persons
    (individuals and corporations)
  • Proceedings started by one of two or more
    parties, who may settle at any time
  • Civil court may consider disputes arising out of
    property rights, employment, family, etc
  • Court may compensate for wrongs
  • Criminal Law
  • Based on Statute Law
  • Regulates conduct considered by the State to be
    prejudicial to the community
  • Proceedings instituted by officers of the Crown
  • Court decides on guilt or innocence
  • Principal object is to punish the guilty

7
Civil Law and Criminal Law (2)
  • Civil Law
  • Judgements escalate from lowest level of Sheriff
    Court in Scotland (Small Claims Court in England
    and Wales) to Court of Session (County Court or
    High Court in England and Wales), with possible
    leave to appeal to a Court of Appeal (a panel of
    Judges), and conceivably to UKs House of Lords
    or European Courts, for the judgement of a lower
    court to be overruled.
  • Criminal Law
  • Judgements escalate from lowest level of Sheriff
    or District Court in Scotland (Magistrates Court
    in England and Wales) to High Court of Justiciary
    (Crown Court in England and Wales), with possible
    leave to appeal to a Court of Appeal (a panel of
    Judges), and conceivably to UKs House of Lords
    or European Courts, for the judgement of a lower
    court to be overruled.

8
Civil Law and Criminal Law (3)
  • Civil Law
  • Liability insurance surveys and reports
  • Claims investigations
  • HS management audits
  • Compliance audit programme
  • May inform changes to HS policies
  • Breach of civil duty is insurable
  • Criminal Law
  • Health and Safety at Work etc Act 1974 is Statute
    Law (i.e. Criminal Law)
  • HS_at_WA supports delegated legislation (e.g.
    Management of Health and Safety at Work
    Regulations 1999)
  • HS_at_WA sets out duties for employers and
    employees
  • HS_at_WA empowers Health and Safety Executive (HSE)
  • Breach of statute law is not insurable

9
Civil Law and Negligence
  • Under civil law, an individual who has been
    injured may sue for damages that he or she claims
    were caused by the negligence of another person.
  • But to prove negligence, the injured person has
    to establish (on the balance of probability)
    that
  • he or she was owed a duty of care by the other
  • person
  • there was a breach of that duty and
  • that there was damage and it resulted from that
  • breach of duty of care.

10
Negligence and Duty of Care
The duty is, in effect, a legal obligation
imposed on an individual, requiring that he or
she adheres to a standard of reasonable care
while performing any acts that could foreseeably
harm others. It is the first element that must
be established to proceed with an action claiming
negligence.
11
Contributory Negligence and Proportional Judgement
Courts will make an assessment of the extent to
which blame may be apportioned between the person
being sued (the defendant) injured party (the
claimant), and to what extent there may have been
contributory negligence on the part of the
claimant this may bear on the amount of
compensation ultimately awarded.
12
Negligence and Vicarious Liability
Where, through negligence, an employee causes
damage while at work (including work being done
away from the employers normal base of
operations), it is the employer who remains
accountable in law for his or her employees
actions, and it is the employer who may be
expected to pay compensation to an injured
party. If the damage was caused because the
employee disregarded his or her employers
instructions, the employee may be subject to
disciplinary measures taken by his or her
employer, but it it is the employer who remains
vicariously liable for damages caused by his or
her employee.
13
European Law
  • Commission of the European Communities
  • EC Directives
  • Transposition
  • National law in member states

14
UK (Statute) Law
  • Drafting by Ministers and Civil Servants
  • Publication of a White Paper or Bill followed by
    First Reading and debate
  • After amendment, Second Reading and debate in the
    House of Commons
  • Detailed discussion in Committee Stage
  • Report to House of Commons
  • Third Reading in the House of Commons (then
    passed to the House of Lords for further debate
    and possible revisions)
  • Final Adoption by House of Commons
  • Presented to the Monarch for Royal Assent
  • Becomes Statute Law in the UK

15
UK (Statute) Law
  • Acts
  • Primary or principal legislation with
    enabling provisions
  • (e.g. Health and Safety at Work etc Act
    1974).
  • Regulations
  • Delegated legislation (e.g. Control of
    Substances
  • Hazardous to Health Regulations 2002).
  • Orders
  • (e.g. Commencement Orders bringing Acts into
    force).
  • Approved Codes of Practice (ACoPs)
  • (e.g. ACoP for COSHH Regs).
  • Guidance Notes
  • (e.g. HSE HSG and GN series).

16
Scottish Law
As may have become apparent already, Scotland has
a different legal system from England and
Wales. While the Health Safety at Work etc Act
1974, and related Regulations, apply equally in
Scotland, there are differences in the Court
system, which may become apparent in the event
of a prosecution.
17
Scottish Law
  • Sheriff Court
  • Tries criminal cases (summary and solemn) and
    civil actions, and conducts fatal accident
    enquiries.
  • Court of Session
  • Based in Edinburgh.
  • Tries civil actions at a higher level that
    Sheriff Courts.
  • High Court of Justiciary
  • Located in Edinburgh and Glasgow, and also on
    circuit.
  • Tries criminal prosecutions (solemn and summary)
    at a higher level than Sheriff Courts.

18
Scottish Law
High Court of Justiciary
Court of Session
Sheriff Court
Criminal cases
Civil cases
District Court
19
Scottish Law
  • Summary Procedure
  • Outcome decided by a Sheriff (in a Sheriff Court)
    or a bench of one or more lay Justices (in a
    District Court), in the absence of a jury.
  • Solemn Procedure
  • Involves a jury of (in Scotland) fifteen people.
  • The Judge or Sheriff decides questions of law,
    and the jury decide questions of fact in a
    summary procedure, the Judge, Sheriff or
    Justice(s) decide both.

20
Scottish Law
  • And, unique to Scottish Law, there are not just
    two possible outcomes from a trial, but three
  • Guilty
  • Not Guilty
  • or
  • Not Proven
  • A simple majority verdict (even
  • eight to seven of the fifteen-strong
  • jury) will suffice to secure a
  • conviction.

21
Scottish Law
Another difference that might be worth
highlighting relates to civil wrongs and the
concept of negligence. In England and Wales a
civil wrong is described as a Tort, whereas in
Scotland it is a Delict. Either way, individuals
(pursuers) may use the Common Law on negligence
to bring a civil action for compensation
following injury (e.g. by an employee against an
employer the defender - following an injury at
work).
22
Scottish Law
The Crown Office and Procurator Fiscal Service is
responsible for the investigation and prosecution
of crime in Scotland. A special unit of the
service exists to investigate and (potentially)
prosecute some offences related to health and
safety.
23
Scottish Law
In extreme cases, a Fatal Accident Inquiry may be
convened under the Fatal Accidents and Sudden
Deaths Inquiry (Scotland) Act 1976. A FAI, in
any event, must be held in all cases of death
arising from an accident at work. The purpose
of the Inquiry is not to apportion blame, but to
establish facts.
24
Scottish Law
  • Specifically, a FAI is set up to determine
  • Where and when the death took place
  • The cause of death
  • Reasonable precautions whereby the death
  • might have been avoided
  • Factors which may have contributed to the
  • death and
  • Any other facts relevant to the
  • circumstances of the death.

25
Acts
  • Statute law.
  • E.g. HS_at_WA 1974.
  • Debated and made in
  • Parliament.
  • Primary legislation, which may represent a
    framework for secondary legislation and
    Regulations.
  • Impose legal duties on employers etc.
  • Failure to comply may give rise to criminal
    liability.

26
Regulations
  • Statutory instruments.
  • E.g. Ionising Radiation
  • Regulations 1999.
  • Subordinate to, or delegated
  • from, an Act.
  • Section 15 of HS_at_WA 1974
  • enable Regulations to be made.
  • Power is contained in the Act.
  • But Regulations set out the details.
  • Though they made be difficult to understand, so
    read also the ACOPs

27
Approved Codes of Practice (ACoPs)
  • Issued by Health and Safety
  • Executive (HSE).
  • Provides practical guidance
  • beyond what is set out in the
  • relevant Regulations, and in
  • terms that are more easy for
  • workers to understand.
  • Not legally binding in themselves, but they may
    be applied by a Court of Law as a minimum
    standard that should perhaps have been applied by
    an employer.

28
Guidance Notes (GNs)
  • Issued by Health and Safety
  • Executive (HSE).
  • Represent HSEs opinion
  • of good practice.
  • Not legally binding in themselves, but they may
    be applied in a Court of Law as a minimum
    standard that should perhaps have been applied by
    an employer.

29
Some More Definitions
Duty of Care
  • A common law duty to exercise reasonable care in
    order to protect others from the risks of
    foreseeable injury, death or health problems.

30
Some More Definitions
Reasonable Care
  • That which one would expect from a reasonable
    person (one who has regard to the possible
    consequences of their actions).
  • Higher standards are expected
  • from those with greater
  • knowledge, skills and
  • experience.

31
Some More Definitions
Legal Duties
  • Duties may be absolute, practicable, or
    reasonably practicable.
  • Employers and employees share a duty to take
    reasonable care.

32
Some More Definitions
Absolute Duty
  • Duty-holders shall or must comply.
  • I.e. applies irrespective of financial
    implications.

33
Some More Definitions
Practicable Duty
  • Comply so far as is practicable.
  • I.e. comply if possible, or technically possible.
  • Financial and technical implications may be
    considered, but should not be made an
    insurmountable
  • obstacle.

34
Some More Definitions
Reasonably Practicable Duty
  • Comply so far as is reasonably practicable.
  • i.e. the duty-holder is permitted to weigh up the
    assessed risk against the cost of merely reducing
    or totally eliminating the risk.

35
Some More Definitions
Indictment
  • An accusation of wrongdoing.
  • The document formally outlining the charges being
    brought against an accused eprson.

36
Some More Definitions
Negligence
  • A wrong (usually in civil law
  • terms).
  • Conduct that falls short of what a reasonable
    person would do (e.g. to protect another person
    from
  • harm that could reasonably
  • be foreseen).

37
Some More Definitions
Contributory Negligence
  • A common law defence.
  • E.g. where something one person has done has
    contributed in some way to injuries or loss
    sustained by a second person as a result of that

second persons own negligence, with the
result that blame may be shared.
38
Some More Definitions
Culpability
  • A measure of the extent to which a person can be
    held legally responsible.
  • May also be thought of as a measure of
    blameworthiness.

39
Some More Definitions
Liability
  • That which, in law, makes a person responsible
    for injury or loss caused by the persons actions
    or inaction, regardless of culpability.

40
Some More Definitions
Vicarious Liability
  • A possible partial defence in law.
  • E.g. the responsibility of a manager for acts
    carried out by someone working under their
    direction.

41
HS Law
42
Health Safety Law
The first piece of legislation within the UK that
governed, in effect, the health and safety of
workers, was the Factories Act of 1802 (also
sometimes known as Health and Morals of
Apprentices Act) , which was intended to limit
the number of hours that could be worked by
women and children in the textile industry, and
then later in all industries.
43
Health and Safety at Work etc Act 1974
Health and Safety at Work Act 1974
44
Health Safety at Work Act etc 1974
  • Primary legislation for
  • occupational health and
  • safety in the UK.
  • Enables a range of secondary
  • legislation.
  • Sets out basic principles.
  • Also sets out national framework for regulation
    and enforcement.

45
Health Safety at Work Act etc 1974
The Act established the simple yet enduring
principle that those who create risk are best
placed to manage it. Judith Hackitt CBE Chair
of Health Safety Executive 2008
46
Health Safety at Work Act etc 1974
  • General duties of employers
  • General duties of employees
  • Health Safety Executive (HSE)
  • Employment Medical
  • Advisory Service (EMAS)
  • Inspection
  • Enforcement etc

47
HS_at_WA 1974 Section 2
  • Employers general duty to ensure, so far as is
  • reasonably practicable, the health, safety and
  • welfare at work of all employees and, in
  • particular
  • Safe plant and systems of work.
  • Safe use, handling, transport and storage of
    substances and articles.
  • Provision of information, instruction, training
    and supervision.
  • Safe place of work, access and egress.
  • Safe working environment and adequate
  • welfare facilities.

48
HS_at_WA 1974 Section 2(3)
  • Requires employers to have a Safety Policy
  • (see http//www.safety.ed.ac.uk/policy/index.sh
    tm
  • for UofEs HS policy, and
    http//www.mvm.ed.ac.uk/
  • LittleFrance/mvmhlthsaf.htm for the policy
    covering
  • University buildings on the Little France
    campus)

49
HS_at_WA 1974 Section 3
  • Employers general duties of care
  • owed to others, including
  • contractors, visitors, the general
  • public, clients etc.

50
HS_at_WA 1974 Sections 7 and 8
  • General duties of all Employees at work
  • Section 7(a) To take care for health and safety
  • of themselves and others who may be affected
  • by acts or omissions.
  • Section 7(b) To co-operate with employer so
  • as to enable compliance with statutory
  • requirements.
  • Section 8 No person to intentionally or
  • recklessly interfere with or misuse
  • anything provided in the interests
  • of health, safety or welfare.

51
HS_at_WA 1974 Sections 20-22 and 24-25
  • Sections 20 22 relate to the powers
  • of HSE inspectors to serve
  • Improvement Notices and
  • Prohibition Notices (of which more
  • later in this presentation).
  • Sections 24 and 25 relate to the
  • process of appeal against
  • Improvement Notices and
  • Prohibition Notices.

52
HS_at_WA 1974 Sections 33-43
  • These Sections relate in particular to
  • the powers of HSE and Courts with
  • regard to the initiation and process
  • of prosecutions, including appeals.

53
HS_at_WA 1974 Section 40
  • The burden of proof is on the
  • accused! (Fairly unique in UK law).
  • Rather than presuming innocence,
  • Section 40 of HS_at_WA 1974 states
  • that if a breach has occurred, it is
  • for the company or individual
  • responsible to prove that they had
  • taken reasonable steps to
  • prevent it (Strict Liability).

54
HS_at_WA 1974
  • The Health Safety at Work Act 1974 makes it a
    criminal offence not to comply with the duties it
    imposes.
  • Failure to comply could lead to prosecution, with
    heavy fines and/or imprisonment.

55
Health Safety Law
  • Employers are required by law
  • to display a copy of the Health
  • and Safety Law notice in the
  • workplace.
  • Provides employees with
  • information on safety
  • legislation, and lists sources
  • of further advice.
  • Includes details of the
  • competent person, safety representatives, and
  • other relevant information specific to the
  • workplace.

56
Health and Safety Regulations
57
Interrelationship of HS Regulations
HS_at_WA 1974 underpins a whole range of key HS
regulations
E.g.
Health surveillance
Containment measures
Risk assessment Dealing with emergencies Informati
on, instruction and training
Competent advice
58
Health and Safety (Information for Employees)
Regulations 1989
  • Display the poster.
  • Name the enforcing
  • authority.
  • Provide contact details for
  • the Employment Medical
  • Advisory Service.
  • Etc

59
Safety Representatives and Safety Committees
Regulations 1977
  • Aimed principally at employers and Trade Unions.
  • Appointment and function of Safety
    Representatives.
  • Safety Committees.
  • Etc

60
Health and Safety (Consultation with Employees)
Regulations 1996
  • Duty of employer to consult
  • Duty of employer to provide information
  • Employee safety representatives
  • Etc

61
Management of HS at Work Regulations 1999
  • Risk assessments
  • Health surveillance
  • Information for employees
  • Emergency procedures
  • Capabilities and training
  • Protection of young people etc
  • Employers sharing a workplace etc
  • Etc

62
Workplace (Health, Safety and Welfare)
Regulations 1998
  • Ventilation, temperature etc
  • Room size, lighting etc
  • Sanitary arrangements etc
  • Drinking water etc
  • Traffic routes and walkways etc
  • Changing rooms etc
  • Rest rooms and dining rooms etc
  • Etc

63
Provision and Use of Work Equipment Regulations
1998
  • Maintenance
  • Inspection
  • Control systems
  • Markings
  • Warnings
  • Emergency stops
  • Information and instructions
  • Etc

64
Manual Handling Operations Regulations 1992
  • Risk assessment
  • Load factors
  • Individual capacity
  • Task-related factors
  • Environmental factors
  • Eliminate or reduce risk
  • Safe work systems
  • Etc

65
Personal Protective Equipment at Work
Regulations 1992
  • Design principles
  • Assessment of suitability
  • Comfort and efficiency
  • Information from manufacturer
  • Instructions to users
  • Maintenance and storage
  • Etc

66
Display Screen Equipment Regulations 1992
  • Workstation risk assessment
  • Work routine
  • Eyes and eyesight
  • Training
  • Information
  • Etc

67
First Aid Regulations 1981
  • First aiders
  • Appointed persons
  • Training
  • Equipment and facilities
  • Etc

68
Health and Safety (Safety Signs and Signals)
Regulations 1996
  • Provision and maintenance
  • of safety signs
  • Information, training
  • and instruction
  • Includes mandatory, prohibitions, warnings,
    fire-related, emergency escapes and first aid
  • Etc

69
Control of Substances Hazardous to Health
(COSHH) Regulations 2002
  • Chemicals, dusts,
  • micro-organisms etc
  • Risk assessment
  • Prevention and control
  • Monitoring and surveillance
  • Incidents and accidents
  • Information, instruction and training
  • Etc

70
Chemicals (Hazard Information and Packaging for
Supply) Regulations 2002
  • Classifications
  • Safety data sheets
  • Labelling
  • Packaging
  • Etc

71
Registration, Evaluation and Authorisation of
Chemicals (REACH) Regulations
  • Came into force in June 2007
  • Obliges downstream users to follow instructions
    in safety data sheets
  • Introduces concept of exposure scenarios
  • Obliges users to inform suppliers of any new
    information pertaining to risk management
  • Special implications for formulators

72
Dangerous Substances and Explosive Atmospheres
Regulations 2002
  • Risk assessment
  • Elimination or reduction of risk
  • Information, training and instruction
  • Emergency planning
  • Etc

73
Genetically Modified Organisms (Contained Use)
Regulations 2000
  • Risk assessment
  • Notification of premises
  • Notification of activities
  • GM safety committees
  • Containment and control measures
  • Emergency plans
  • Etc

74
Reporting of Diseases, Dangerous Occurrences
(RIDDOR) Regulations 1995
  • Report deaths and major
  • injuries
  • Report notifiable
  • occupational-related
  • illness
  • Report dangerous occurrences
  • Record-keeping, time-scales
  • Etc

75
Work at Height Regulations 2005
  • Avoidance or
  • minimisation of risk
  • Competence
  • Organisation and planning
  • Selection and inspection of
  • places and equipment
  • Fragile surfaces
  • Etc

76
Electricity at Work Regulations 1989
  • Systems, work activities and protective equipment
  • Earthing and other suitable precautions
  • Means of cutting off supplies
  • Competence
  • Etc

77
Pressure System Safety Regulations 2000
  • Installation
  • Operation
  • Maintenance
  • Covers autoclaves, etc
  • Etc

78
Confined Spaces Regulations 1997
  • Safe working
  • Emergency arrangements
  • Applies to work in crawl spaces, etc
  • Etc

79
Lifting Operations and Lifting Equipment
Regulations 1998
  • Organisation of work
  • Lifting equipment and lifting persons
  • Examination and inspection of equipment
  • Reports and defects
  • Record keeping
  • Etc

80
Control of Noise at Work Regulations 2005
  • Risk assessment
  • Avoidance or
  • minimisation of risk
  • Exposure limits and action values
  • Hearing protection
  • Information, instruction and training
  • Etc

81
Control of Asbestos Regulations 2006
  • Licensing and notification
  • Plans of work
  • Information, instruction and training
  • Use of control measures
  • Air monitoring
  • Emergency planning
  • Etc

82
Construction (Design and Management) Regulations
2007 (CDM)
  • General management duties in respect of
    construction projects
  • Includes designers, contractors, sub-contractors
    and clients
  • Includes construction, demolition and excavation
  • Requires planning for emergencies
  • Etc

83
Fire (Scotland) Regulations 2006
  • Fire risk assessment
  • Risk reduction
  • Fire alarms
  • Means of escape
  • Fire-fighting
  • Training
  • Maintain records
  • Etc

84
Ionising Radiation Regulations 1999
  • Risk assessment
  • Risk and dose reduction
  • Dosimetery and PPE
  • Information and training
  • RPA and RPSs
  • Controlled and supervised areas
  • Maintain records
  • Emergency planning
  • Etc

85
Other HS-related Laws
86
Health Safety (Offences) Act 2008
  • The Health Safety (Offences) Act 2008 sets out
    penalties on summary conviction, and penalties on
    conviction on indictment, arising from a range of
    offences under the Health Safety at Work etc
    Act 1974.
  • The Act applies within
  • Scotland too.

87
Corporate Manslaughter and Corporate Homicide
Act 2007
  • Creates a new offence in criminal law of
    corporate manslaughter and, in Scotland,
    corporate homicide.
  • Criminal charges may arise from breach of a duty
    of care by senior management of an organisation
    which have resulted in a persons death.

88
Corporate Manslaughter and Corporate Homicide
Act 2007
  • Prosecution under the Act must be based on a
    gross breach of a relevant duty of care that has
    resulted in a fatality, but precisely what
    constitutes a gross breach is a determination
    that must be made by a jury.
  • The first successful prosecutions
  • have resulted in very substantial
  • fines against employers.

89
Employers Liability (Compulsory Insurance) Act
1969
  • Ensures minimum cover
  • for claims for
  • compensation arising
  • from injury or illness
  • caused to an employee
  • arising from work.
  • Etc.

90
Disability Discrimination Act 1995
  • Service providers must make 'reasonable
    adjustments' for disabled people, such as
    providing extra help or making changes to the way
    they provide their services.
  • Since 2004, service providers may also have to
    make other 'reasonable adjustments' in relation
    to the physical features of their premises to
    overcome physical barriers
  • to access.
  • Etc.

91
Radioactive Substances Act 1993
  • An Act of Parliament.
  • Regulated in Scotland
  • by SEPA.
  • Registration of use of
  • radioactive substances.
  • and equipment (e.g. X-ray machines).
  • Authorisations to dispose of and accumulate
    radioactive waste.
  • Etc.

92
HS Law
93
In Summary Common Themes
  • Risk assessment
  • Risk elimination/minimisation
  • Personal protection
  • Competence
  • Information, instruction and training
  • Emergency planning
  • Record keeping

94
Enforcement
95
Enforcement
Inspectors visit premises most usually for one of
two basic reasons
  • Proactive (planned preventive) inspections or
  • Reactive (usually to investigate, e.g. in
    response to complaints or RIDDOR reports).

96
Enforcement
  • HSE Inspectors can
  • Enter premises at any reasonable time (or at any
    time at all where there is danger).
  • Request a Police Constable to accompany him or
    her where obstruction is anticipated.
  • Take other people and equipment or materials onto
    premises to assist in investigations.
  • Carry out any examinations and investigations as
    required.
  • Require locations to be left undisturbed.

97
Enforcement
  • HSE Inspectors can also
  • Take measurements, photographs and recordings.
  • Take samples of articles or substances.
  • Require dismantling and/or testing of articles
    and substances.
  • Take possession of articles and substances for
    examination and use as evidence.
  • Take statements and copies of relevant documents.
  • Require provision of facilities to assist
    enquiries.
  • Do anything else necessary to enable their duties
  • to be carried out.

98
Enforcement
  • Powers of HSE Inspectors
  • Inspectors can
  • Issue advice (verbally or in writing).
  • Issue an Improvement Notice.
  • Issue an Prohibition Notice.
  • Initiate a Prosecution (summary or indictment).
  • Seize, render harmless or destroy any
  • article or substance considered to be a
  • cause of imminent danger or serious
  • injury.

99
Enforcement
  • Improvement Notice
  • Issued under Section 21 of HS_at_WA 1974 if
  • an Inspector is of the opinion that a person
    has
  • contravened one or more statutory provisions,
  • and that it is likely that the person will do
    so
  • again.
  • The Improvement Notice will state the relevant
  • provisions, the reason for the Inspectors
  • opinion, the remedial action required,
  • and the period within which it is to be
  • carried out.

100
Enforcement
  • Prohibition Notice
  • Issued under Section 22 of HS_at_WA 1974 if
  • an Inspector is of the opinion that a person
    or
  • people is at risk of serious injury from an
  • activity.
  • The Improvement Notice will state the matters
  • giving rise to risk, any legal contraventions,
  • dictate cessation of the specified activities
    until
  • remedial action has been taken, and
  • when cessation should take place.

101
Enforcement
  • Appeals Against Enforcement Notices
  • Must be made to an Employment Tribunal within
  • 21 days of a notice being served.
  • Grounds may include unrealistic timescales for
  • compliance.
  • Outcome may be confirmation or cancellation of
  • the original Notice.
  • Appeal against an Improvement Notice suspends
  • the Notice pending outcome of the appeal.
  • Appeal against a Prohibition Notice does
  • not suspend the Notice pending outcome
  • of the appeal.

102
Enforcement
  • Scottish Environment Protection Agency (SEPA)
  • Regulates the disposal of radioactive
  • waste from small user premises such as
  • hospitals, universities and research premises.
  • Also regulates the keeping and use of
    radioactive
  • material by these small users.
  • Has powers regarding inspection and enforcement
  • that are broadly similar to that of the
  • HSE.
  • Works to The Radioactive Substances
  • Act 1993 etc.

103
Enforcement
  • Employment Tribunals
  • Comprise a legally qualified Chair and two lay
  • members.
  • Rules of evidence apply.
  • Deals with appeals against Enforcement Notices.
  • Hears cases regarding dismissal following
    alleged
  • breaches of health and safety
  • legislation.
  • Appeals against Tribunal decisions
  • may be referred to a higher Court.

104
Penalties
A summary judgement is one delivered after
being tried by a Judge alone, usually for
relatively minor offences. An indictment is
one arising from a trial before a Jury, usually
for more serious offences.
105
HEALTH SAFETY _at_ LITTLE FRANCE HEALTH SAFETY
LAW
Problems and Questions
Refer any enquiries to the Little
France Buildings HS Manager
106
HEALTH SAFETY _at_ LITTLE FRANCE HEALTH SAFETY
LAW
Lindsay Murray Health Safety Manager, The
University of Edinburgh, College of Medicine
Veterinary Medicine (Chancellors Building,
Medical School and Queens Medical Research
Institute), Little France
Room SU215, Chancellors Building Ext
26390 lgm_at_staffmail.ed.ac.uk
107
HEALTH SAFETY _at_ LITTLE FRANCE HEALTH SAFETY
LAW
You have now completed this on-line awareness
package summarising aspects of health and safety
law.
Thank you
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