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Health and Safety at Work Act 1974


Health and Safety at Work Act 1974

The Health and Safety at Work etc. Act of 1974 serves as the foundation for workplace safety legislation in the UK. Over the years, several important regulations have been added to strengthen specific aspects of health and safety

Work at Height Regulations 2005: These regulations focus on ensuring safety when working at heights to prevent falls and injuries.

Manual Handling Operations Regulations 1992: This set of regulations aims to reduce the risk of injury from manual handling tasks by providing guidelines for safer handling techniques.

Management of Health and Safety at Work Regulations 1999: These regulations emphasize the need for effective management of health and safety in the workplace, including risk assessments and necessary preventive measures.

Health and Safety (Display Screen Equipment) Regulations 1992: These regulations are concerned with the safe use of display screen equipment, aiming to protect workers from health issues related to prolonged screen use.

Each of these additions addresses specific workplace hazards and aims to enhance safety measures for employees, building upon the foundation established by the Health and Safety at Work Act of 1974.

Both criminal and civil laws pertain to workplace health and safety, each with distinct consequences

          ·       Criminal law: Regulators like the Health and Safety Executive (HSE) or local authorities may take legal action against an employer if they fail to protect workers or others from harm at work.

          ·       Civil law: Individuals affected by negligence at work can file compensation claims against the employer. However, bodies like the HSE or local authorities aren't responsible for enforcing civil law or its procedures.


Health and safety law (criminal law )

Health and safety laws in the UK, enforced by bodies like the Health and Safety Executive (HSE), require employers to safeguard the well-being of workers and others. Compliance involves understanding regulations outlined in Acts of Parliament and statutory instruments. Specific industries might have their own regulations.

Compliance isn't just about paperwork—it's about actively managing risks. Failure to comply, even if no harm occurs, can result in various consequences such as advice, improvement or prohibition notices, prosecution, and potentially having to pay for intervention to rectify issues.

 

Civil law - compensation claims

Meeting your responsibilities under health and safety laws significantly reduces the chance of being considered negligent under civil law. The Health and Safety Executive or local authorities don't enforce civil law or its regulations.

Under civil law, if someone is harmed due to employer negligence or if an employee's negligence causes harm to another, they can file a compensation claim. Successful claims result in courts awarding compensation ('damages') to cover pain, losses, and suffering, distinct from criminal convictions.

Most employers must have employers' liability insurance to cover the costs of compensation for employee injuries or illnesses; failing to have it is a criminal offense. Insurers can guide risk management and might require specific evidence to demonstrate risk management steps. Overstating measures could harm your defence in a claim.

If a claim arises, it should be directed to the employers' liability insurance provider for handling.


Correct and safe arrangement of a workstation






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