LRD guides and handbook November 2022

Health and Safety Law 2022

Introduction

Introduction [page 1] (1,125 words)

This latest edition of the Labour Research Department’s annual guide to health and safety law is being published at an incredibly challenging time ...
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Chapter 1

1. An overview of health and safety law [ch 1: page 5] (167 words)

This chapter provides an overview of UK health and safety law explaining how laws, regulations, codes of practice, duties and accompanying guidance ...
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Health and Safety at Work etc Act 1974 (HSWA) [ch 1: page 5] (2,499 words)

Regulations, Approved Codes of Practice and guidance [ch 1: page 10] (341 words)

Directors’ duties [ch 1: page 10] (438 words)

Common law and statute law [ch 1: page 11] (321 words)

The European Union, UK health and safety law and Brexit [ch 1: page 12] (1,269 words)

Chapter 2

2. The health and safety inspection and enforcement regime [ch 2: page 15] (354 words)

This chapter covers the key agencies that enforce health and safety law in the UK including the Health and Safety Executive (HSE), local authorities ...
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Enforcement agencies and regulators [ch 2: page 15] (1,144 words)

Enforcement agencies and regulators [ch 2: page 18] (734 words)

The possibility of an unannounced visit from a safety enforcement body is one of the main ways of encouraging employers to meet the basic ...
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Enforcement agencies and regulators [ch 2: page 19] (1,080 words)

The Health and Safety at Work etc Act 1974 (HSWA) provides for three main systems of enforcement. These are: ...
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Enforcement agencies and regulators [ch 2: page 21] (480 words)

The HSE’s Enforcement Policy Statement (HSE41) applies to all Britain’s enforcing authorities. It sets out for inspectors, employers, workers and ...
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Corporate manslaughter [ch 2: page 22] (2,044 words)

Crown immunity [ch 2: page 26] (213 words)

Health and safety inspections and enforcement during coronavirus [ch 2: page 26] (430 words)

Chapter 3

3. The management of health and safety at work [ch 3: page 29] (230 words)

This chapter covers the main regulations and accompanying guidance governing health and safety at work, the Management of Health and Safety at Work ...
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The Management Regulations [ch 3: page 29] (1,923 words)

The Management Regulations [ch 3: page 33] (388 words)

For all health and safety concerns, Regulation 4 of the Management Regulations requires employers to implement protective and preventative ...
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The Management Regulations [ch 3: page 34] (746 words)

Regulation 8 requires all employers to set up procedures to be followed in the event of “serious and imminent danger to persons at work”. They ...
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The Management Regulations [ch 3: page 35] (2,088 words)

The Management Regulations contain specific provisions for new and expectant mothers. Regulation 16 says that where there are women of childbearing ...
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The Management Regulations [ch 3: page 39] (391 words)

Regulation 19 of the Management Regulations requires employers to protect young workers under the age of 18 from risks to their health and safety ...
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Chapter 4

4. Safety reps, safety committees and taking action on health and safety grounds [ch 4: page 41] (250 words)

This chapter covers the latest official and union guidance on the role and statutory rights of safety reps, of all workers to take action on health ...
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The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 41] (1,530 words)

The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 44] (930 words)

Safety representatives’ functions are set out in Regulation 4. These are to: ...
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The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 46] (1,232 words)

Davies v Neath Port Talbot County Borough Council [1999] IRLR 769 established that part-time workers should be paid on the same basis as their ...
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The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 48] (741 words)

Safety reps can report problems at work to the HSE after formal processes have failed using a “Concerns and advice form for safety ...
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The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 50] (1,000 words)

The TUC says a number of simple changes to the SRSCR would make them more effective and reduce injuries and illnesses caused by work. These include: ...
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The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 52] (2,841 words)

The functions set out in the SRSCR are not legal duties, which means safety reps cannot be held legally liable if they fail to carry them out. On the ...
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The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 56] (1,931 words)

The Public Interest Disclosure Act 1998 (PIDA) gives employees and workers specific legal rights if they disclose information about alleged ...
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The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 60] (283 words)

An interim relief order is a temporary remedy which can be ordered by a court in certain types of unfair dismissal claim. In these circumstances, the ...
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The Safety Representatives and Safety Committees Regulations 1977 (SRSCR) [ch 4: page 60] (1,196 words)

The rights and protections available to safety reps and other important health and safety-related rights such as the statutory protection available ...
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Chapter 5

5. The workplace and the working environment [ch 5: page 60] (228 words)

This chapter covers the contents of, and the latest Health and Safety Executive (HSE) and union guidance around implementing, the Workplace (Health, ...
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Regulation on minimum workplace standards — the Workplace (Health, Safety and Welfare) Regulations 1992 [ch 5: page 63] (1,744 words)

Regulation on minimum workplace standards — the Workplace (Health, Safety and Welfare) Regulations 1992 [ch 5: page 66] (509 words)

Every workroom should have sufficient floor area, height and unoccupied space (Regulation 10). The ACOP says that, as a minimum, 11 cubic metres ...
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Regulation on minimum workplace standards — the Workplace (Health, Safety and Welfare) Regulations 1992 [ch 5: page 68] (999 words)

Regulation 20 states that suitable and sufficient toilets must be provided, adequately ventilated and lit, kept clean and maintained in an orderly ...
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Regulation on minimum workplace standards — the Workplace (Health, Safety and Welfare) Regulations 1992 [ch 5: page 69] (1,050 words)

The Health Act 2006 banned smoking in most enclosed workplaces and public places. It created the offences of “smoking in a smoke-free place” and ...
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Regulation on minimum workplace standards — the Workplace (Health, Safety and Welfare) Regulations 1992 [ch 5: page 71] (1,844 words)

The TUC has described the road as Britain’s most dangerous workplace. The HSE estimates that more than a quarter of all road traffic incidents may ...
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Industry-specific health and safety laws [ch 5: page 74] (668 words)

Chapter 6

6. Hazardous substances [ch 6: page 77] (336 words)

This chapter summarises the requirements of relevant legislation and regulations referring to hazardous substances in the workplace, as well as the ...
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Control of Substances Hazardous to Health 2022 (COSHH) [ch 6: page 77] (1,677 words)

Compensation for “symptomless physiological injury” causing financial loss [ch 6: page 81] (286 words)

Carcinogens and mutagens [ch 6: page 81] (878 words)

Occupational asthma [ch 6: page 83] (178 words)

Legionnaires’ disease [ch 6: page 83] (179 words)

Needlestick or sharps injuries [ch 6: page 84] (311 words)

Chemicals information and packaging [ch 6: page 85] (155 words)

Chemicals legislation after Brexit — EU REACH and UK REACH [ch 6: page 84] (564 words)

Safety data sheets [ch 6: page 86] (265 words)

Major accident hazards [ch 6: page 87] (530 words)

Dangerous substances and explosive atmospheres [ch 6: page 88] (432 words)

Asbestos [ch 6: page 89] (2,062 words)

Lead [ch 6: page 93] (690 words)

Transport of dangerous goods [ch 6: page 94] (187 words)

Genetically modified organisms [ch 6: page 94] (288 words)

Pesticides [ch 6: page 95] (158 words)

Chapter 7

7. Health and safety and the Covid pandemic [ch 7: page 97] (160 words)

This chapter provides information about Covid-19 and how the virus is spread and summarises Health and Safety Executive (HSE) occupational health and ...
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What is Covid-19? [ch 7: page 97] (486 words)

“Living with Covid” and the lifting of Covid restrictions and other measures [ch 7: page 98] (838 words)

HSE guidance: Coronavirus (Covid-19) — Advice for workplaces [ch 7: page 100] (721 words)

UKHSA public health guidance [ch 7: page 101] (380 words)

Personal protective equipment (PPE) and face coverings [ch 7: page 102] (162 words)

Working at home safely [ch 7: page 102] (744 words)

The Covid Safety Pledge [ch 7: page 104] (165 words)

People at higher risk from Covid [ch 7: page 104] (836 words)

The government’s Covid safety record and calls for justice [ch 7: page 106] (282 words)

Chapter 8

8. Equipment and clothing at work [ch 8: page 107] (192 words)

This chapter covers the regulations and latest union and Health and Safety Executive (HSE) guidance around the use of equipment and staying safe in ...
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Health and safety requirements for working with display screen equipment [ch 8: page 107] (1,103 words)

Homeworking and display screen equipment [ch 8: page 109] (249 words)

Machinery and other work equipment [ch 8: page 110] (938 words)

Lifting operations and equipment [ch 8: page 111] (186 words)

Supplying equipment post Brexit [ch 8: page 112] (249 words)

Work at height [ch 8: page 112] (285 words)

Personal protective equipment [ch 8: page 113] (2,768 words)

Chapter 9

9. Physical hazards at work [ch 9: page 119] (271 words)

This chapter covers the regulations and latest union and Health and Safety Executive (HSE) guidance around physical hazards in the workplace. It ...
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Manual handling [ch 9: page 119] (2,879 words)

Fire safety in buildings [ch 9: page 124] (2,529 words)

Controlling noise at work [ch 9: page 129] (2,188 words)

Vibration — The Control of Vibration at Work Regulations 2005 [ch 9: page 133] (524 words)

Radiation [ch 9: page 134] (2,104 words)

Electricity [ch 9: page 139] (698 words)

Gas safety [ch 9: page 140] (583 words)

Confined spaces [ch 9: page 141] (99 words)

Pressure systems [ch 9: page 141] (96 words)

Work in compressed air [ch 9: page 142] (98 words)

Chapter 10

10. Hours of work [ch 10: page 143] (428 words)

This chapter covers the regulations and latest union, Health and Safety Executive (HSE) guidance and case law related to working time. It covers all ...
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The Working Time Regulations 1998 (WTR) [ch 10: page 143] (2,641 words)

Who has WTR rights [ch 10: page 148] (2,104 words)

The maximum working week [ch 10: page 152] (671 words)

Night and shift work [ch 10: page 153] (1,027 words)

Daily rest [ch 10: page 155] (1,052 words)

Recording working time [ch 10: page 157] (398 words)

Holidays and holiday pay [ch 10: page 157] (4,717 words)

WTR and collective and workforce agreements [ch 10: page 166] (353 words)

Chapter 11

11. Dealing with accidents, injuries and ill health [ch 11: page 167] (333 words)

This chapter covers the latest regulations, guidance and union campaigns related to workplace incidents and ill health. It includes the union ...
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Classification of Covid-19 as an occupational disease [ch 11: page 167] (227 words)

Long Covid [ch 11: page 168] (555 words)

Recording and reporting accidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) [ch 11: page 169] (1,321 words)

Reporting exposure to coronavirus at work under RIDDOR [ch 11: page 171] (915 words)

Statistics on death and injury [ch 11: page 173] (520 words)

The accident book [ch 11: page 174] (156 words)

Accident investigation [ch 11: page 175] (202 words)

Protecting health information [ch 11: page 175] (1,162 words)

First aid regulations [ch 11: page 178] (1,048 words)

Occupational health [ch 11: page 180 (761 words)

Chapter 12

12. Stress, bullying, harassment and violence [ch 12: page 183 (299 words)

This chapter explains how the law applies to mental health and issues stemming from interpersonal relationships at work — sometimes known as ...
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Psychosocial hazards [ch 12: page 183 (672 words)

General duties of employers related to stress, bullying and violence [ch 12: page 184 (2,184 words)

Mental health at work and discrimination [ch 12: page 189 (735 words)

Bullying and harassment [ch 12: page 190 (1,863 words)

Violence [ch 12: page 194 (3,004 words)

Further information

Further information (369 words)

All regulations made since 1988 can be downloaded at: www.legislation.gov.uk ...
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