Health and safety regulations in the United Kingdom

Health and safety regulations in the United Kingdom

In the United Kingdom there are many regulations relevant to health, safety and welfare at work. Many of these give effect to European Union directives.

Regulations made under the Health and Safety at Work etc. Act 1974

Breach of the regulations is a crime, punishable on summary conviction with a fine of up to £400. If convicted on indictment in the Crown Court, an offender can be sentenced to an unlimited fine. [Health and Safety at Work etc. Act 1974, [http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=health+and+safety+at+work+etc+act&Year=1974&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=1316700&ActiveTextDocId=1316745&VersionNumber=2&filesize=56647 ss.33(1)(c), 33(3)] ] Either an individual or a corporation can be punished [Interpretation Act 1978, s.5] and sentencing practice is published by the Sentencing Guidelines Council. [ cite web | url=http://www.sentencing-guidelines.gov.uk/guidelines/other/courtappeal/default.asp?T=Cases&catID=11&subject=HEALTH%20AND%20SAFETY%20OFFENCES | title=(K) Miscellaneous offences - Health and Safety offences | work=Guideline Judgements Case Compendium | publisher=Sentencing Guidelines Council | accessdate=2008-03-08 | year=2005 ]

Where a person suffers damage caused by a breach of a duty imposed by regulations, they have a cause of action in tort against the offender, except where the regulations state otherwise. [Health and Safety at Work etc. Act 1974, s.47]

The "six pack" regulations

*Management of Health and Safety at Work Regulations 1999 [ [http://www.opsi.gov.uk/si/si1999/19993242.htm#1 SI 1999/3242] ]
*Provision and Use of Work Equipment Regulations 1998 [ [http://www.opsi.gov.uk/si/si1998/19982306.htm The Provision and Use of Work Equipment Regulations 1998 ] ]
*Manual Handling Operations Regulations 1992 [ [http://www.opsi.gov.uk/si/si1992/Uksi_19922793_en_1.htm The Manual Handling Operations Regulations 1992 ] ]
*Workplace (Health, Safety and Welfare) Regulations 1992 [ [http://www.opsi.gov.uk/si/si1992/Uksi_19923004_en_1.htm The Workplace (Health, Safety and Welfare) Regulations 1992 ] ]
*Personal Protective Equipment at Work Regulations 1992 [ [http://www.opsi.gov.uk/si/si1992/Uksi_19922966_en_1.htm The Personal Protective Equipment at Work Regulations 1992 ] ]
*Health and Safety (Display Screen Equipment) Regulations 1992 [ [http://www.opsi.gov.uk/si/si1992/Uksi_19922792_en_1.htm The Health and Safety (Display Screen Equipment) Regulations 1992 ] ]

Other

*Chemicals (Hazard Information and Packaging for Supply) Regulations 2002 (CHIPS) (gives effect to EU Directive 67/548/EEC) [ [http://www.legislation.hmso.gov.uk/si/si2002/20021689.htm SI 2002/1689] ]
*Control of Substances Hazardous to Health Regulations 2002 [ [http://www.opsi.gov.uk/si/si2002/20022677.htm SI 2002/2677] ]
*Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 [ [http://www.opsi.gov.uk/si/si1995/Uksi_19953163_en_1.htm The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995 ] ]
*Transport of Dangerous Goods (Safety Advisers) Regulations 1999 [ [http://www.opsi.gov.uk/si/si1999/19990257.htm SI 1999/257] ]
*Electricity at Work Regulations 1989 [ [http://www.opsi.gov.uk/si/si1989/Uksi_19890635_en_1.htm The Electricity at Work Regulations 1989 ] ]
*The Lifting Operations and Lifting Equipment Regulations 1998 [ [http://www.opsi.gov.uk/si/si1998/19982307.htm Statutory Instrument 1998 No. 2307 ] ]

REACH

These European Union regulations are "directly applicable" to persons and establishments in member states. They came into operation on 1 June 2008 and the government of the United Kingdom must have established penalties for any breach by 1 December 2008. [ cite web | title=Proposals for the UK enforcement of the EU 'REACH' chemicals regulation | url=http://www.defra.gov.uk/news/2007/070313c.htm | publisher=Department for Environment, Food and Rural Affairs | date=13 March 2008 | accessdate=2008-04-03 ] A Statutory Instrument on Enforcement of REACH in the UK is planned for 8 November. [ cite web | title=Defra's statement of forthcoming legislation 2008 | | date=March 2008 | accessdate=2008-04-03 | url=http://www.defra.gov.uk/corporate/regulat/pdf/forthcomingleg-update-march2008.pdf | publisher=Department for Environment, Food and Rural Affairs ]

References

Bibliography

* cite book | author= [Various authors] | year=2007 | title=Tolley's Health and Safety at Work Handbook 2008 | location=London | publisher=Butterworths | id=ISBN 0754533182
* cite book | title=Health and Safety Law | author=Stranks, J. | location=London | publisher=Prentice Hall | edition=5th ed. | year=2005 | id=ISBN 013197646X


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