Summary of the Health and Safety in Employment Act 1992
The principal object of the Health and Safety in Employment Act 1992 is to prevent harm to employees at work. To do this it imposes duties on, and promotes excellent health and safety management by, employers. It also provides for the making of regulations and codes of practice.
6.Employers to Ensure safety of Employees:
Every employer shall take all practicable steps to ensure the safety of employees while at work: and :In particular, you are required to take all practicable steps to:
provide and maintain a safe working environment;
Provide and maintain facilities for the safety and health of employees at work;
Ensure that machinery, plant and equipment in the place of work is designed, made, set up and maintained to be safe for use
Ensure that employees are not exposed to hazards in the course of their work; and
Develop procedures for dealing with emergencies that may arise while employees are at work.
Employers to Involve Employees In The Development Of Safety And Health Procedures
Employers need to ensure that all employees have the opportunity to be fully involved in the development of procedures for the purpose of identifying hazards and dealing significant hazards or dealing with or reacting to emergencies and imminent dangers (section 14).
Training of Employees and the Safety of Others
The employer must ensure employees are either sufficiently experienced to do their work safely or supervised by an experienced person. In addition, the employee must be adequately trained in the safe use of equipment in the place of work, including protective clothing and equipment (section 13).
An employer is also responsible for health and safety of people who are not employees. An employer must take all practicable steps to ensure that an employee does not harm any other person
while at work, including members of the public or visitors to the place of work (section 15).
If you are an employee, the Act gives you responsibility for your own safety and health while at work. You must also ensure that your actions do not harm anyone else.
Self-Employed People's Duties
Every self-employed person shall take all practicable steps to ensure that no action or inaction of the self-employed person while at work harms the self-employed person or any other person.
Accidents and Serious Harm: Records and Notification
The Act defines "accident" as an event that:· Causes any person to be harmed; or· In different circumstances, might have caused any person to be harmed.This means that "accident" includes both near-misses and accidents that result in harm to a person or might have caused any person to be harmed. Every employer is required to maintain a register of accidents and serious harm; and record particulars relating to:
Every accident that harmed (or, as the case may be, might have harmed
Any employee at work; or
Any person in a place of work controlled by the employer; and
Every occurrence of serious harm to an employee at work, or as a result of any hazard to which the employee was exposed while at work, in the employment of the employer.
Where there occurs any serious harm or accident an employer must:
As soon as possible after its occurrence, notify the Department of Labour of the occurrence; and
Within 7 days of the occurrence, give the Department of Labour written notice, in the prescribed form, of the circumstances of the occurrence.
The notification to the Department of Labour applies to:
Every occurrence of serious harm to an employee at work, or the occurrence of serious harm as a result of any hazard to which the employee was exposed while at work, in the employment of the employer; and Accidents of a kind or description required by regulations.