Session 1

The Introduction to Health and

Safety Legislation

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Background
 Until the Health and Safety at Work etc. Act
(HSWA) was passed in 1974, thereby creating a
new consultative approach to occupational
health and safety, protective legislation
consisted of a series of statutes which were
aimed mainly at manufacturing industry in UK.

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Background

 The legislation attempted to control safety and

health hazards in specific work locations, such
as factories, offices, shops, mine, quarries, etc.

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The Health and Safety at Work Act
(pre-1974 legislation)

 The Act and its regulations would be enforced

by a particular inspectorate (e.g. factory
inspector)

 Any breach of the appropriate legislation could

lead to a prosecution by an inspection which in
turn could lead to a fine usually imposed on the
company or other organization rather than an
individual.

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The Health and Safety at Work Act
(pre-1974 legislation)

 On the whole, legislation tended to look to the

protection of plant and equipment as a way of
preventing injuries to workers.

 However, visitors, contractors, neighbours

and other third parties were mainly ignored in
the drafting of these earlier Acts and
regulations.

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The Health and Safety at Work Act
(pre-1974 legislation)

 By 1970 many organizations, especially the

trade unions, were questioning whether the
existing legislation was either sufficient or
effective in providing proper protection for
work people.

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Robens Report

 A committee was set up under the

chairmanship of Lord Robens to look at safety
and health at work.

 After studying the whole problem in depth the

committee reported in 1972 making many
recommendations of a wide ranging nature.

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Robens Report
 Replace the mass of existing safety legislation
with one Act applying generally to all persons
at work.

 Replace the mass of detail with a few simple

and easily assimilated precepts of general
application.

 Change methods of enforcement so that

prosecution is not always the first resort.

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Robens Report
 Ensure that occupational safety should also
protect visitors and the public.

 Place more emphasis on safe systems of work

rather than technical standards.

 Actively involve the workers in the procedures

for accident prevention at their place of work.

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Robens Report

The main recommendations of the Robens

Committee were accepted by Parliament
and were incorporated in the Health and
Safety at Work etc. Act 1974 (HSWA).

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The Health and Safety at Work etc.
Act 1974 (HSWA)

 HSWA permitted the Secretary of State or other

Ministers to make regulations and code of
practice to improve standards of safety, health
and welfare.

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The Health and Safety at Work etc.
Act 1974 (HSWA)

 It established a co-ordinating enforcement

authority, the Health and Safety Commission
(HSC), giving its inspectors greater powers.

 It also extended legislative protection for health and

safety to everyone who was employed (except
domestic servants) and imposed more general but
wider duties on both employer and employee.

 The Act makes provision for protecting others

against risks to health and safety from the way in
which work activities are carried out. 12
HSWA General duties

 These duties are qualified by the phrases ‘so far as

is reasonably practicable’ and ‘best practicable
means’.

 ‘reasonably practicable’ implies a balance of the

degree of risk against the inconvenience and cost
of overcoming it.

 ‘best practicable means’: ignores the cost element

but recognizes possible limitations of current
technical knowledge.

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HSWA General duties

 In common law, employers have had, and still

have, duties of care with regard to the health and
safety of their employees, duties which are now
incorporated into statute law.

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HSWA General statement

The general statement of the duties of

employers to their employees while at work:

 Provide and maintain plant and systems of work

that are safe and without risk to health. Plant
covers any machinery, equipment or appliances
including portable power tools and hand tools.

 Ensure that the use, handling, storage and

transport of articles and substances is safe and
without risk.
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HSWA General statement

 Provide such information, instruction, training

and supervision to ensure that employees can
carry out their jobs safely.

 Ensure that any workshop under his control is

safe and healthy and that proper means of
access and egress are maintained, particularly
in respect of high standards of housekeeping,
cleanliness, disposal of rubbish and the stacking
of goods in the proper place.

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HSWA General statement

 Keep the workplace environment safe and

healthy so that the atmosphere is such as not to
give rise to poisoning, gassing or the
encouragement of the development of diseases.
Adequate welfare facilities should be provided.

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HSWA General duties

Further duties are placed on the employer by:

 To prepare and keep up to date a written safety

policy supported by information on the
organization and arrangements for carrying out
the policy.

 The safety policy has to be brought to the notice

of employees. Where there are five or less
employees this section does not apply.

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HSWA General duties

 To consult with any safety representatives

appointed by recognized trade unions to enlist
their co-operation in establishing and maintaining
high standards of safety.

 To establish a safety committee if requested by

two or more safety representatives.

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HSWA General duties

The employees’ duties state that, whilst at work,

 every employee must take care for the health and

safety of himself and of other persons who may
be affected by his acts or omissions.

 Also employees should co-operate with the

employer to meet legal obligations.

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HSWA General duties

 It requires that no one, whether employee or not,

shall either intentionally or recklessly, interfere
with or misuse anything, whether plant equipment
or methods of work, provided by the employer to
meet obligations under this or any other related
Act.

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Occupational Safety and Health
Ordinance (Ch.509 HK Legislation)

 The Occupational Safety and Health Ordinance

(OSHO) provides for the safety and health
protection to employees in workplaces, both
industrial and non-industrial. It is basically an
enabling ordinance setting out requirements in
general terms.

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The Coverage

 This ordinance covers almost all workplaces -

places where employees work. In addition to
factories, construction sites and catering
establishments, other places, such as offices,
laboratories, shopping arcades, educational
institutions also come under the ambit of the law.

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The Coverage

 This ordinance covers almost all workplaces -

places where employees work. In addition to
factories, construction sites and catering
establishments, other places, such as offices,
laboratories, shopping arcades, educational
institutions also come under the ambit of the law.

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The Roles of the Dutyholders

The Roles of Dutyholders include:

 Employer

 Employee

 Ocuplier

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The Roles of the Dutyholders

Employers should contribute to safety and

health in their workplaces by:

 providing and maintaining plant and work systems

that do not endanger safety or health;

 making arrangement for ensuring safety and

health in connection with the use, handling,
storage or transport of plant or substances;

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The Roles of the Dutyholders

 providing all necessary information, instruction,

training, and supervision for ensuring safety and
health;

 providing and maintaining safe access to and

egress from the workplaces; and

 providing and maintaining a safe and healthy work

environment

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The Roles of the Dutyholders

 Employees should also contribute to safety

and health in the workplaces by :

 taking care for the safety and health of persons at the

workplace; and

 using any equipment or following any system or work

practices provided by their employers.

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The Roles of the Dutyholders

Occupiers of premises should take

responsibility for ensuring that:

 the premises;

 the means of access to and egress from the premises;

and

 any plant or substance kept at the premises are safe

and without risks to health to any person working on
the premises, even if they do not directly employ that
person on the premises.
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Q&A

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