The legal need for health and safety

In general the law imposes a range of duties of employers, the self employed and employees as well as others such as designers, manufacturers or suppliers of articles and substances for use at work. These are expressed as broad general duties in the Health and Safety at Work (HSW) Act but are spelt out in more detail in subsidiary regulations such as those dealing with the management of health and safety and specific health and safety issues.

While most modern health and safety law applies 'across-the-board', there are also additional regulations covering industry sectors such as construction, agriculture, railways, mines and quarries and major hazard and nuclear installations.

Besides laying down duties the law also gives the Health and Safety Executive (HSE) and Local Authority inspectors wide ranging powers - to prosecute and to issue notices halting dangerous work or requiring improvements.

Guidance on complying with the law is contained in Approved Codes of Practice (ACoPs) and HSE guidance notes. Guidance in British and International standards as well as industry guidance may also be relevant.

An adequate number of 'competent' persons have to be appointed, with sufficient time and resources at their disposal, to assist the employer to comply with his legal duties and to implement emergency arrangements (see below). Competent health and safety advisers can be either employees with appropriate qualifications and experience or professionally qualified consultants.

Employees must be given comprehensible information, instruction, training and supervision necessary to ensure their health and safety and that of others. [HSWA, MHSW and other regulations e.g. COSHH].

If you employ anyone, you must display the health and safety law poster, or provide each worker with a copy of the equivalent pocket card. You must display the poster where your workers can easily read it.