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Summary of the Main Legal Requirements 21 Summary of the main legal requirements 21 It describes the general duties that employers have 21.1 Introduction towards their employees and to members of the public, and also the duties that employees have to themselves The achievement of an understanding of the basic legal and to each other. requirements can be a daunting task. However, the The term ‘ so far as is reasonably practicable ’ health and safety student should not despair because at (SFARP) qualifi es the duties in the HSW Act 1974. In NEBOSH National Certifi cate in Construction level they do other words, the degree of risk in a particular job or 21.2 The legal framework not need to know the full history of UK health and safety workplace needs to be balanced against the time, trou- legislation, the complete range of Regulations made under ble, cost and physical diffi culty of taking measures to the Health and Safety at Work Act 1974 or the details avoid or reduce the risk. of the appropriate European Directives. These summaries, The law simply expects employers to behave in a which are correct up to the 1st October 2007, cover those way that demonstrates good management and common Acts and Regulations which are essential for the Certifi cate sense. They are required to look at what the hazards are student and will provide the essential foundation of and take sensible measures to tackle them. knowledge. They will also cover many of the require- The Management of Health and Safety at Work ments for similar awards at Certifi cate level and below. Regulations 1999 ( MHSWR, the Management Regulations ) Students should check the latest edition of the NEBOSH clarifi es what employers are required to do to manage Construction Certifi cate guide to ensure that the regula- health and safety under the Health and Safety at Work Act. tions summarized here are the latest for the course being Like the Act, they apply to every work activity. undertaken. Remember that NEBOSH does not examine The law requires every employer to carry out risk on legislation until 6 months after it has been published. assessments . If there are fi ve or more employees in the Many managers will fi nd these summaries a useful workplace, the signifi cant fi ndings of the risk assess- quick reference to the legal requirements. However, any- ment need to be recorded. one involved in achieving compliance with legal require- In a place like an offi ce, risk assessment should be ments should ensure that they read the Regulations straightforward; but where there are serious hazards, themselves, any approved codes of practice (ACOP) and such as those on a construction site or when construc- HSE guidance. tion work is undertaken in a chemical plant or on an oil rig, it is likely to be more complicated. The Factories Act 1961 and The Offi ce Shops and Railway Premises Act of 1963, while still partly remaining 21.2 The legal framework on the Statute Book for most practical health and safety work, can be ignored. However, strangely, the notifi ca- 21.2.1 General tion to the authorities of premises which come within the defi nition of these two acts are carried out on Form 9 for The Health and Safety at Work etc Act 1974 (HSW factories, Form 10 for construction and OSR 1 for offi ce Act) is the foundation of British Health and Safety law. shop and railway premises. 435 CCH021-H8907.inddH021-H8907.indd 443535 55/15/2008/15/2008 99:59:39:59:39 AAMM Introduction to Health and Safety in Construction 21.2.2 The relationship between the regulator Confi ned Spaces Regulations 1997 and industry Construction (Design and Management) Regulations 2007 The Health and Safety Commission (HSC) consults Construction (Head Protection) Regulations 1989 widely with those affected by its proposals. Consultation with Employees Regulations 1996 The HSC/HSE works through: Control of Substances Hazardous to Health Regulations 2002 and 2005 ➤ the HSC’s Industry and Subject Advisory Committees, Dangerous Substances and Explosive Atmospheres which have members drawn from the areas of work Regulations 2002 they cover, and focus on health and safety issues in Display Screen Equipment Regulations 1992 particular industries (such as the construction industry Electricity at Work Regulations 1989 and education or areas such as toxic substances and Employers Liability (Compulsory Insurance) Act 1969 genetic modifi cation) Regulations 1998 ➤ intermediaries, such as small fi rms ’ organizations Fire Safety Order 2005 ➤ Construction Industries Training Board (CITB) First Aid Regulations 1981 ➤ providing information and advice to employers Hazardous Waste (England and Wales) Regulations 2005 and others with responsibilities under the Health and Information for Employees Regulations 1989 HSW Act 1974 Ionising Radiations Regulations 1999 ➤ guidance to enforcers, both HSE inspectors and Lead at Work Regulations 2002 those of local authorities Lifting Operations and Lifting Equipment Regulations ➤ the day-to-day contact which inspectors have with 1998 people at work. Management of Health and Safety at Work Regulations The HSC consults with small fi rms through Small Firms 1999 Forums. It also seeks views in detail from representatives Manual Handling Operations Regulations 1992 of small fi rms about the impact on them of proposed Noise at Work Regulations 2005 legislation. Personal Protective Equipment at Work Regulations 1992 Provision and Use of Work Equipment Regulations 1998 21.3 List of Acts and Regulations (except Part IV – Power Presses) summarized Reporting of Injuries Diseases and Dangerous Occur- rences Regulations 1995 Safety Representatives and Safety Committees Regula- The following Acts and Regulations are covered in this tions 1997 summary: Safety Signs and Signals Regulations 1996 ➤ Health and Safety at Work etc Act 1974 (HSW Act) Supply of Machinery (Safety) Regulations 1992 ➤ Environmental Protection Act 1990 Vibration at Work Regulations 2005 ➤ New Roads and Street Works Act 1991. Workplace (Health, Safety and Welfare) Regulations 1992 For health and safety issues the most important of these Work at Height Regulations 2005 as amended in 2007 is the HSW Act 1974. Most of the relevant Regulations covering health and safety at work have been made The following Acts and Regulations have also been under this Act since 1974. These are included here and included even though they are not in the NEBOSH are all relevant to the Construction Certifi cate student. Construction Certifi cate syllabus. Very brief summaries The Fire Safety Order was made under the Regulatory only are given: Reform Act 2001 and the Hazardous Waste Regulations 21.3 List of Acts and Regulations summarized 2005 under the Environmental Protection Act 1990. The fi rst list is alphabetical and some titles have Corporate Manslaughter and Corporate Homicide Act been modifi ed to allow an easier search. They are: 2007 Disability Discrimination Act 1995 and 2005 21.3.1 Alphabetical list of regulations Electrical Equipment (Safety) Regulations 1994 summarized Gas Appliances (Safety) Regulations 1992 Gas Safety (Installation and Use) Regulations 1998 Control of Asbestos Regulations 2006 Occupiers Liability Acts 1957 and 1984 Chemicals (Hazard Information and Packaging for Personal Protective Equipment Regulations 2002 Supply) Regulations 2002 plus 2005 amendment Pesticides Regulations 1986 436 CCH021-H8907.inddH021-H8907.indd 443636 55/15/2008/15/2008 99:59:39:59:39 AAMM Summary of the main legal requirements Pressure Systems Safety Regulations 2000 2002 2776 Dangerous Substances and Explosive The Manufacture and Storage of Explosives Regulations Atmospheres Regulations 2005 2005 735 Work at Height Regulations Working Time Regulations 1998, 2003 and 2007 2005 1093 Control of Vibration at Work Reg- ulations 2005 1541 Regulatory Reform (Fire Safety) Order 21.3.2 Chronological list of regulations 2005 1643 Control of Noise at Work Regulations summarized 2006 2739 Control of Asbestos Regulations 2007 0320 Construction (Design and Manage- The list below gives the correct titles (minus the year), ment) Regulations year produced and Statutory Instrument number. Very- brief summaries only for: Year SI no. Title 1977 0500 Safety Representatives and Safety Committees Regulations 1957 and Ch31 and 1981 0917 Health and Safety (First Aid) Reg- 1984 Ch3 Occupiers Liability Acts ulations 1986 1510 Control of Pesticides Reg- 1989 0635 Electricity at Work Regulations ulations 1989 0682 Health and Safety (Information for 1992 0711 Gas Appliances (Safety) Reg- Employees) Regulations ulations 1989 2209 Construction (Head Protection) Reg- 1998 2451 Gas Safety (Installation and ulations Use) Regulations 1992 2792 Health and Safety (Display Screen 1994 3260 Electrical Equipment (Safety) Equipment) Regulations Regulations 1992 2793 Manual Handling Operations Reg- 1998 1833 Working Time Regulations ulations 2000 128 Pressure Systems Safety Reg- 21.4 Etc Act (HSW Act) 1974 Health and Safety at Work 1992 2966 Personal Protective Equipment at ulations Work Regulations 2002 1144 Personal Protective Equipment 1992 3004 Workplace (Health, Safety and Welfare) Regulations Regulations 2005 894 The Hazardous Waste (England 1992 3073 Supply of Machinery (Safety) Reg- and Wales) ulations 2005 895 The List of Wastes (England) 1995 3163 Reporting of Injuries, Diseases and Regulations Dangerous Occurrences Regulations 2005 Ch50 Disability Discrimination Act 1996 0341 Health and Safety (Safety Signs and 1995 and 2005 Signals) Regulations 2005 1082 The Manufacture and Storage 1996 1513 Health and Safety (Consultation with of Explosives Regulations Employees) Regulations 2007 Ch19 Corporate Manslaughter and 1997 1713 Confi ned Spaces Regulations Corporate Homicide Act 2007 1998 2306 Provision and Use of Work Equipment Regulations (except Part IV – Power Presses) 1998 2307 Lifting Operations and Lifting Equip- 21.4 Health and Safety at Work Etc Act ment Regulations (HSW Act) 1974 1998 2573 Employers Liability (Compulsory Insurance) Regulations The HSW Act 1974 was introduced to provide a com- 1999 3232 Ionising Radiations Regulations prehensive and integrated piece of legislation dealing 1999 3242 Management of Health and Safety at with the health and safety of people at work and the Work Regulations protection of the public from work activities.
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