Health and Safety in Employment Act 1992

 

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HEALTH AND SAFETY IN EMPLOYMENT ACT 1992

(this material largely from: hse-consolidated-23-01-04.pdf, a document developed by the Department of Labour as an information resource)

[5 Object of Act--

The object of this Act is to promote the prevention of harm to all persons at work and other persons in, or in the vicinity of, a place of work by—

(a) promoting excellence in health and safety management, in particular through promoting the systematic management of health and safety; and

(b) defining hazards and harm in a comprehensive way so that all hazards and harm are covered, including harm caused by workrelated stress and hazardous behaviour caused by certain temporary conditions; and

(c) imposing various duties on persons who are responsible for work and those who do the work; and

(d) setting requirements that—

(i) relate to taking all practicable steps to ensure health and safety; and

(ii) are flexible to cover different circumstances; and

(e) recognising that volunteers doing work activities for other persons should have their health and safety protected because their well being and work are as important as the well-being and work of employees; and

(f) recognising that successful management of health and safety issues is best achieved through good faith co-operation in the place of work and, in particular, through the input of the persons doing the work; and

(g) providing a range of enforcement methods, including various notices and prosecution, so as to enable an appropriate response to a failure to comply with the Act depending on its nature and gravity; and

(h) prohibiting persons from being indemnified or from indemnifying others against the cost of fines and infringement fees for failing to comply with the Act.]

Some definitions

[2A All practicable steps

(1) In this Act, all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—

(a) the nature and severity of the harm that may be suffered if the result is not achieved; and

(b) the current state of knowledge about the likelihood that harm of that nature and severity will be suffered if the result is not achieved; and

(c) the current state of knowledge about harm of that nature; and

(d) the current state of knowledge about the means available to achieve the result, and about the likely efficacy of each of those means; and

(e) the availability and cost of each of those means.

(2) To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.]

“Harm

(a) means illness, injury, or both; and

(b) includes physical or mental harm caused by work-related stress

“Hazard” —

(a) means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside a place of work) that is an actual or potential cause or source of harm; and

(b) includes—

(i) a situation where a person's behaviour may be an actual or potential cause or source of harm to the person or another person; and

(ii) without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person’s behaviour

Serious harm

1. Any of the following conditions that amounts to or results in permanent loss of bodily function, or temporary severe loss of bodily function: respiratory disease, noise-induced hearing loss, neurological disease, cancer, dermatalogical disease, communicable disease, musculoskeletal disease, illness caused by exposure to infected material, decompression sickness, poisoning, vision impairment, chemical or hot-metal burn of eye, penetrating wound of eye, bone fracture, laceration, crushing.

2. Amputation of body part.

3. Burns requiring referral to a specialist registered medical practitioner or specialist outpatient clinic.

4. Loss of consciousness from lack of oxygen.

5. Loss of consciousness, or acute illness requiring treatment by a registered medical practitioner, from absorption, inhalation, or ingestion, of any substance.

6. Any harm that causes the person harmed to be hospitalised for a period of 48 hours or more commencing within 7 days of the harm's occurrence.

 

7 Identification of hazards--

(1) Every employer shall ensure that there are in place effective methods for--

(a) Systematically identifying existing hazards to employees at work; and

(b) Systematically identifying (if possible before, and otherwise as, they arise) new hazards to employees at work; and

(c) Regularly assessing each hazard identified, and determining whether or not it is a significant hazard.

(2) Where there occurs any accident or harm in respect of which an employer is required by section 25(1) of this Act to record particulars, the employer shall take all practicable steps to ensure that the occurrence is so investigated as to determine whether it was caused by or arose from a significant hazard.

8 Significant hazards to employees to be eliminated if practicable--

Where there is a significant hazard to employees at work, the employer shall take all practicable steps to eliminate it.

9 Significant hazards to employees to be isolated where elimination impracticable--

Where--

(a) There is a significant hazard to employees at work; and

(b) Either--

(i) There are no practicable steps that may be taken to eliminate it; or

(ii) All practicable steps to eliminate it have been taken, but it has not been eliminated,--

the employer shall take all practicable steps to isolate it from the employees.

10 Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable--

(1) Where--

(a) There is a significant hazard to employees at work; and

(b) Either--

(i) There are no practicable steps that may be taken to eliminate it; or

(ii) All practicable steps to eliminate it have been taken, but it has not been eliminated; and

(c) Either--

(i) There are no practicable steps that may be taken to isolate it from the employees; or

(ii) All practicable steps to isolate it from the employees have been taken, but it has not been isolated,--

the employer shall take the steps set out in subsection (2) of this section.

(2) The steps are--

(a) To take all practicable steps to minimise the likelihood that the hazard will be a cause or source of harm to the employees; and

(b) To provide, make accessible to, and ensure the use by the employees of suitable clothing and equipment to protect them from any harm that may be caused by or may arise out of the hazard; and

(c) To monitor the employees' exposure to the hazard; and

(d) To take all practicable steps to obtain the employees' consent to the monitoring of their health in relation to the hazard; and

(e) With their informed consent, to monitor the employees' health in relation to exposure to the hazard.

15 Duties of employers to people who are not employees--

Every employer shall take all practicable steps to ensure that no action or inaction of any employee while at work harms any other person.

17 Duties of self-employed people--

Every self-employed person shall take all practicable steps to ensure that no action or inaction of the self-employed person while at work harms the self-employed person or any other person.

18 Duties of principals--

(1) Every principal shall take all practicable steps to ensure that--

(a) No employee of a contractor or subcontractor; and

(b) If an individual, no contractor or subcontractor,--

is harmed while doing any work (other than residential work) that the contractor was engaged to do.

(2) Subsection (1) of this section shall be read subject to section 2(2) of this Act.

 

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