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Responsibilities under the Health and Safety at Work Act 1974

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    Reason Awareness of the legal responsibilities of employers and employees.
    Why You cannot comply with the law if you are not aware of what it says.
    Outline This talk will cover legal responsibilities and penalties under the Act.

    Scope of the Health and Safety at Work Act
    1. Everyone in the construction industry has legal duties under the Act.
    2. Everyone in the construction industry is protected by the Act.
    3. The Act allows Health and Safety Executive (HSE) inspectors to visit sites and take enforcement action if work areas and activities are not safe.

    General provisions of the Act
    1. Under the Act, your employer has a legal duty to provide:
    • safe plant and equipment, and safe methods of work
    • safe use of work articles and substances
    • information, instruction, training and supervision
    • a safe place of work with safe access and egress
    • a safe work environment with adequate welfare facilities.

    2. Under the Act, you as an employee have legal duties to:
    • safeguard your own safety and health and that of others who may be affected by your actions
    • co-operate with the employer to help them comply with their legal duties
    • not interfere with anything provided for health and safety.

    Penalties
    1. Breaches of the Act are criminal offences which may be punished by fines, prison or both.
    2. Individuals, as well as companies, can be prosecuted for breaches of the Act.

    Enforcement
    1. The powers of HSE inspectors include:
    • entering places of work (including construction sites) at any time and without notice – if necessary, with the help of the police
    • carrying out investigations and prosecuting their own cases in court
    • insisting that the scene of an accident remains undisturbed
    • issuing Improvement and Prohibition Notices
    • Taking statements and removing records and documents.

    Questions

    Q: Who could be prosecuted under the Health and Safety at Work Act?
    Q: What are your legal duties under the Act as an employee?

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