What is health & safety law?
Health and safety law is made under Acts of Parliament e.g. The Health and Safety at Work etc Act 1974.
Any proven contravention of the Act by an individual or organisation is therefore deemed as a criminal offence and can be enforceable by fine or imprisonment.
General duties on employers
All employers have a general duty of care to ensure the health, safety and welfare of all their employees and others that may be affected by the organisations activities.
This duty is qualified as being "as far as is reasonably practicable".
This statement implies that a judgement of balance between the degree of risk and the cost or inconvenience involved to ensure compliance can be considered by employers.
General duties on employees
All employees, whilst at work, must take care for health and safety of themselves and other persons who may be affected by their acts or omissions.
All employees should co-operate with their employer to meet legal obligations and must not, either intentionally or recklessly, interfere with or misuse anything provided by the employer, whether that is plant, equipment or safe systems of work.
Regulation
Health and Safety Regulations are made by appropriate Ministers of State in consultation with the Health and Safety Commission and Health and Safety Executive and usually concentrate on specific areas of work place activity, e.g. The Provision and Use of Work Equipment Regulations 1998 and COSHH 2002.
Approved Codes of Practice
Approved Codes of Practice are prepared by the Health and Safety Commission and Health and Safety Executive in consultation with relevant industry representatives. The Codes together with associated Guidance Notes provide practical guidance on the interpretation of, and compliance with, Acts and Regulation.
Enforcement
Enforcement of health and safety is the responsibility of the Health and Safety Executive (HSE) through its inspectorate. Inspectors have the right to enter and inspect any premises and can, if required, issue either Improvement or Prohibition Notices on individuals and organisations and if necessary institute legal proceedings.