PRACTICAL HEALTH AND SAFETY ENFORCEMENT - Law

Andy Lucas CMIOSH CEnvH

andy@bespokesafety.com

www.bespokesafety.com

DISCLAIMER Although this material contains information of a legal nature, it has beendeveloped for informational purposes only and does not constitute legal advice or opinions asto the current operative laws, regulations, or guidelines of any jurisdiction. In addition,because new standards are issued on a continuing basis, this training material is not anexhaustive source of all current applicable laws, regulations, and guidelines. While reasonableefforts have been made to assure the accuracy and completeness of the informationprovided, you should always check with your legal team before taking any regulatory action.

Material may not be copied, reproduced, republished, downloaded, posted, broadcast ortransmitted in any way except for your own personal non-commercial home use. Any otheruse requires the prior written permission of Bespoke Safety Ltd.

You agree not to adapt, alter or create a derivative work from any of the material contained inthis material or use it for any other purpose other than for your personal non-commercialuse.

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Considerations when deciding enforcement

R v Adaway[2004] EWCA Civ 2831, 168 JP 645, (2004)

Times, 22 November, [2004] All ER (D) 51 (Nov)

..the judge should have stayed the proceedings for an abuse of process because the prosecution had been oppressive and not in accordance

with their prosecuting authority public enforcement policy code…..

Health & Safety at Work etc. Act 1974

S2 General duty to ensure SFRP the heath & safety of employees… in particular

S2(2)(a) Provision & maintenance of plant & SSOWS2(2)(b) Safe use, handling, storage & transport of materialsS2(2)(c) Information, instruction, training & supervisionS2(2)(d) Safe place of work and safe access and egress (for all)S2(2)(e) Safe working environment and provision of welfare for employees

S3 Duties of emp/ers & self employed to non emp/ees

S4 Duties of persons concerned with premises to non emp/ees

S6 Manufacture & supply (HSE)

S7 Duties of emp/ees to themselves & others

S8 Not to interfere or misuse things

S9 Emp/ers not to charge

S19 Appointment of inspectors

S20 Powers of Inspectors

S21 Improvement notice

S22 Prohibition notice

S37 Offences by body corporate

S40 Proving what is practicable

S46 Service of notices S52 Meaning of work

S53 General interpretations

S33 Offences

HSW FRAMEWORK (LUCAS 2015)

Health & Safety at Work etc. Act 1974

S2 General duty to ensure SFRP the heath & safety of employees… in particular

S2(2)(a) Provision & maintenance of plant & SSOWS2(2)(b) Safe use, handling, storage & transport of materialsS2(2)(c) Information, instruction, training & supervisionS2(2)(d) Safe place of work and safe access and egress (for all)S2(2)(e) Safe working environment and provision of welfare for employees

S3 Duties of emp/ers & self employed to non emp/ees

S4 Duties of persons concerned with premises to non emp/ees

S6 Manufacture & supply (HSE)

S7 Duties of emp/ees to themselves & others

S8 Not to interfere or misuse things

S9 Emp/ers not to charge

S19 Appointment of inspectors

S20 Powers of Inspectors

S21 Improvement notice

S22 Prohibition notice

S37 Offences by body corporate

S40 Proving what is practicable

S46 Service of notices S52 Meaning of work

S53 General interpretations

S33 Offences

HSW FRAMEWORK (LUCAS 2015)

Reporting of Injuries,

Diseases and Dangerous

Occurrences Regs 2013

Health & Safety at Work etc. Act

1974

Management of Health & Safety at Work Regs 1999

COSHH 2002

Control of Noise at Work Regs

2006

Work at Height Regs

2005

Safety Policy s2(3)

Electricity at Work Regs 1989

Control of Asbestos Regs

2012

General Duties s2-6

Managing H&S

Dangerous Substances & Explosive Atmospheres

Regs 2002

Gas Safety (Installation & Use) Regs 1998

Pressure Systems Safety

Regs 2000

Risk Assessment

R3

• Training R13• Assistance

R7

Powers s20

Health & Safety (Enforcing

Authority) Regs 1998

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Health & Safety Framework (LUCAS 2015)

Management of Health Safety at Work Regs 1999

Workplace (Health, Safety & Welfare) Regs 1992

Manual Handling Operations Regs 1992

Lifting Operations and Lifting Equipment Regs 1998

Provision and Use of Work Equipment Regs 1998

Health and Safety (Display Screen Equipment) Regs 1992

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Policies etc…• Enforcement Concordat (1998)

• HSE Enforcement Policy

• LA Enforcement Policy (R V Adaway)

• Enforcement Management Model

• Regulators Code (April 14)

• Law/ACOPS/BSI/Trade Assocs/Guidance

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Enforcement Decisions

• Code for Crown Prosecutors• Evidential test 1st then..• Public interest (delay + Lord Shawcross)

• Min of Justice Simple Cautions for Adult Offenders• View of IP - Victim Personal Statement

Evidential Testa. How serious is the offence

committed?b. What is the level of culpability

of the suspect?c. What are the circumstances of

and the harm caused to the victim?

d. Was the suspect under the age of 18 at the time of the offence?

e. What is the impact on the community?

f. Is prosecution a proportionate response?

g. Do sources of information require protecting?

Public Interest Test

HSE OG 00073