HSWA sections Flashcards
(18 cards)
RISK
Likelihood
Severity
Population
TIME
Time/Sacrifice
Inconvenience
Money
Effort
HSWA Section 2.1
It shall be the duty of every employer to ensure, so far as reasonably practicable the health, safety and welfare at work of all his employees
Shall meaning in law
An absolute duty
No excuses for not doing it
e.g. risk assessment
Practicable meaning In law
Must be complied with to the extent it is possible in the light of
- Current Knowledge
- Invention
HSWA Section 2.2
The employer’s specific duties to their employees
2(2)(a) Safe Plant and System of Work
2(2)(b) Safe use, handling, storage and transport of articles and substances
2(2)(c) Information, instruction, training and supervision
2(2)(d) A safe workplace and safe access to it and egress from it
2(2)(e) A safe working environment with adequate welfare facilities
HSWA Section 2.3
Employer to prepare a written health and safety policy
HSWA Section 2.4
Concerns the appointment of safety representatives
HSWA Section 2.6
Employers to consult with safety representatives
HSWA Section 2.7
Employers to establish a safety committee
HSWA Section 3
Employers to ensure, so far as is reasonably practicable, that non-employees are not exposed to risks to their health and safety
HSWA Section 4
Imposes duties on those who have some degree of control over non-domestic premises that they are making available for others (not their own employees) to use as workplaces or for work activities.
- The premises are safe
- The means of access and egress are safe
- Any plant or substances provided by them for use in that premises are safe
HSWA Section 6
Duties on any person who designs, manufactures, imports or supplies any article or substance for use at work.
HSWA Section 7
The duty of every employee to
- Take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts of commissions
- Co-operate with the employer to enable compliance
HSWA Section 8
No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare.
HSWA Section 9
The employer cannot charge their employee for things done to achieve legal compliance.
HSWA Section 36
An offence committed by a company is due to the act or default of some other person (e.g. advice from a consultant or safety officer), that other person (consultant or safety officer) may be charged with and convicted of the offence (whether or not proceedings are taken against the company itself).
HSWA Section 37
Directors and senior managers of a company may be found guilty for breaches of HSWA that their company or organisation (the corporate body) is found guilty of.
