LRD guides and handbook November 2023

Health and Safety Law 2023

Introduction

Introduction [page 1] (1,527 words)

This latest edition of the Labour Research Department’s annual handbook to health and safety law is being published after the latest Health and ...
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Chapter 1

An overview of health and safety law [page 5] (44 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) [page 5] (87 words)

Where does the HSWA apply? [page 5] (178 words)

Key features of the HSWA [page 5] (1,662 words)

Regulations, Approved Codes of Practice and guidance [page 8] (336 words)

Directors’ duties [page 9] (447 words)

Common law and statute law [page 10] (308 words)

The European Union, UK health and safety law and Brexit [page 10] (197 words)

Post-Brexit changes to health and safety regulation [page 10] (780 words)

Chapter 2

The health and safety inspection and enforcement regime [page 13] (79 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 [page 13] (846 words)

Inspections [page 15] (1,003 words)

Penalties — notices and fines [page 16] (1,390 words)

HSE Enforcement Policy Statement [page 19] (259 words)

Investigating work-related deaths [page 20] (239 words)

Corporate manslaughter [page 20] (327 words)

Convictions for corporate manslaughter [page 22] (639 words)

Corporate homicide in Scotland [page 22] (170 words)

Sentencing Council guidelines for gross negligence manslaughter [page 22] (332 words)

Crown immunity [page 23] (498 words)

Chapter 3

The management of health and safety at work [page 25] (126 words)

This chapter covers the main regulations governing health and safety at work, the Management of Health and Safety at Work Regulations 1999 ...
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The Management Regulations [page 25] (91 words)

Risk assessments [page 25] (1,340 words)

The principles of prevention [page 28] (136 words)

Monitoring [page 28] (55 words)

Health surveillance [page 28] (263 words)

Appointment of safety specialists [page 29] (67 words)

Procedures for serious and imminent danger [page 29] (260 words)

Information and training [page 29] (371 words)

Contract workers [page 30] (44 words)

Temporary workers [page 30] (76 words)

New and expectant mothers [page 30] (2,222 words)

Young workers [page 34] (487 words)

Chapter 4

Safety reps, safety committees and taking action on health and safety grounds [page 37] (150 words)

This chapter covers the latest official and union guidance on the role and statutory rights of safety reps, the role of safety committees and the ...
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The Safety Representatives and Safety Committees Regulations (SRSCR) [page 37] (428 words)

Appointing safety reps [page 38] (498 words)

Safety reps’ functions [page 39] (254 words)

Consultation [page 39] (255 words)

Facilities for safety reps [page 40] (140 words)

Safety reps’ legal rights to paid time off [page 40] (306 words)

Case law on time off for safety rep duties [page 41] (422 words)

Case law on time off for safety rep training [page 41] (639 words)

Rights to information [page 43] (193 words)

Safety reps and personal information [page 43] (286 words)

Safety committees [page 44] (147 words)

Enforcement of the SRSCR [page 44] (110 words)

Reporting problems to the HSE [page 44] (277 words)

Consultation where there is no union recognition [page 45] (336 words)

Safety reps representing all staff [page 45] (67 words)

Scope of employer’s obligation to consult [page 45] (98 words)

The need for stronger regulations [page 46] (454 words)

Potential limits on time off [page 47] (359 words)

Protection for safety reps [page 47] (770 words)

Protection when there are no safety reps [page 48] (392 words)

Protection for those carrying out health and safety activities [page 49] (205 words)

Protection for those who withdraw or take steps to avoid danger [page 49] (1,785 words)

Whistleblowing and health and safety — the Public Interest Disclosure Act 1998 [page 52] (1,357 words)

Enforcing rights [page 55] (308 words)

Interim relief [page 55] (210 words)

Reinstatement [page 56] (385 words)

Compensation [page 56] (65 words)

Chapter 5

Making the working environment safe and healthy [page 57] (114 words)

This chapter summarises the key duties contained in the Workplace (Health, Safety and Welfare) Regulations 1992 (Workplace Regulations) which lay ...
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Regulations on minimum workplace standards – the Workplace (Health, Safety and Welfare) Regulations 1992 [page 57] (272 words)

Stability and solidity [page 57] (69 words)

Maintenance [page 58] (55 words)

Ventilation [page 58] (739 words)

Temperature [page 59] (1,068 words)

Lighting [page 61] (114 words)

Cleanliness [page 61] (33 words)

Space [page 62] (145 words)

Workstations and seating [page 62] (90 words)

Condition of floors [page 62] (72 words)

Falls or falling objects [page 62] (32 words)

Transparent surfaces and windows [page 62] (64 words)

Doors and gates [page 62] (25 words)

Organisation of traffic routes [page 62] (62 words)

Escalators and moving walkways [page 63] (29 words)

Sanitary, washing and drinking facilities [page 63] (574 words)

Changing and storing clothing [page 64] (261 words)

Rest and eating facilities [page 64] (165 words)

Disabled workers [page 64] (58 words)

Accommodating breastfeeding [page 65] (279 words)

Smoking [page 65] (710 words)

Vaping at work [page 66] (323 words)

Driving at work [page 67] (1,848 words)

Industry-specific health and safety laws [page 70] (105 words)

Construction [page 70] (430 words)

Mines [page 72] (58 words)

Offshore [page 72] (230 words)

Working at home [page 73] (501 words)

Chapter 6

Hazardous substances and dangerous chemicals [page 75] (277 words)

This chapter summarises the requirements of relevant legislation and regulations referring to hazardous substances in the workplace, as well as ...
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The Control of Substances Hazardous to Health (COSHH) Regulations 2002 [page 75] (333 words)

Risk assessment [page 76] (98 words)

Workplace Exposure Limits (WELs) [page 76] (768 words)

Prevention and control [page 78] (359 words)

Other duties under COSHH [page 79] (535 words)

COSHH requirements for carcinogens and mutagens [page 80] (877 words)

Biological agents [page 82] (374 words)

Occupational asthma [page 82] (450 words)

Legionnaires’ disease [page 83] (257 words)

Asbestos [page 84] (661 words)

Controlling risks from asbestos [page 85] (465 words)

The duty to manage asbestos [page 86] (334 words)

Compensation for asbestos-related diseases [page 86] (526 words)

Pleural plaques [page 87] (164 words)

Lead [page 88] (887 words)

Pesticides [page 89] (375 words)

Genetically modified organisms [page 90] (481 words)

Chemicals [page 91] (612 words)

Safety data sheets [page 92] (263 words)

Chemicals information and packaging [page 93] (153 words)

Dangerous substances and agents in particularly hazardous situations [page 93] (533 words)

Dangerous substances and explosive atmospheres [page 94] (430 words)

Transport of dangerous goods [page 95] (183 words)

Needlestick or sharps injuries [page 96] (310 words)

Covid-19 [page 96] (193 words)

What is Covid-19? [page 97] (97 words)

How is Covid-19 spread? [page 97] (232 words)

Official guidance on Covid-19 [page 97] (68 words)

Risk assessments and other workplace safety measures [page 97] (80 words)

RIDDOR reports of Covid [page 98] (89 words)

Consultation with workers and their representatives [page 98] (39 words)

UKHSA public health guidance [page 98] (514 words)

Chapter 7

Physical hazards at work [page 101] (155 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 [page 101] (68 words)

The Manual Handling Operations Regulations 1992 (MHOR) [page 101] (452 words)

Manual handling case law [page 102] (1,036 words)

Consultation with safety reps [page 103] (303 words)

HSE manual handling tools [page 104] (738 words)

Protection under the Equality Act 2010 [page 105] (361 words)

Work at height [page 106] (331 words)

Fire safety in buildings [page 107] (318 words)

Building Regulations [page 107] (214 words)

Building Safety Act 2022 [page 108] (502 words)

Fire safety in workplaces – The Regulatory Reform (Fire Safety) Order 2005 [page 109] (1,870 words)

Controlling noise at work [page 112] (222 words)

Noise levels [page 113] (493 words)

Noise risk assessment [page 114] (285 words)

Controlling noise [page 114] (217 words)

Hearing protection [page 115] (297 words)

Information and training [page 115] (285 words)

Compensation for hearing loss [page 116] (106 words)

Acoustic shock [page 116] (431 words)

Voice damage [page 117] (127 words)

Vibration – The Control of Vibration at Work Regulations 2005 [page 117] (673 words)

Radiation [page 118] (823 words)

Radiation emergencies preparation [page 120] (147 words)

Electromagnetic fields [page 120] (893 words)

Artificial optical radiation [page 122] (398 words)

Electricity [page 123] (590 words)

Portable appliance testing [page 124] (108 words)

Gas Safety [page 124] (453 words)

Liquid Petroleum Gas (LPG) [page 125] (208 words)

Confined spaces [page 126] (98 words)

Pressure systems [page 126] (94 words)

Work in compressed air [page 126] (109 words)

Chapter 8

Stress, bullying, harassment and violence [page 127] (90 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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Extent of work-related stress [page 127] (267 words)

General duties of employers related to stress, bullying and violence [page 127] (159 words)

HSE guidance on tackling stress at work – the Stress Management Standards [page 128] (1,063 words)

Seeking legal redress for work-related stress [page 130] (1,209 words)

Mental health at work and discrimination [page 132] (535 words)

Bullying and harassment [page 133] (55 words)

Sexual harassment [page 133] (534 words)

EHRC guidance on dealing with sexual harassment and harassment [page 134] (246 words)

Enforcing the law on sexual harassment [page 135] (376 words)

Common law protection [page 135] (103 words)

Protection under the Equality Act 2010 [page 136] (582 words)

Constructive dismissal [page 137] (274 words)

Protection from Harassment Act 1997 [page 137] (222 words)

Violence [page 138] (946 words)

Protection for emergency workers [page 139] (383 words)

Protection for workers serving the public [page 140] (217 words)

Employer liability [page 140] (343 words)

Vicarious liability [page 141] (1,132 words)

Domestic violence [page 143] (282 words)

Criminal Injuries Compensation Scheme [page 143] (146 words)

Protection from dangerous dogs [page 143] (432 words)

Chapter 9

Equipment and clothing at work [page 145] (84 words)

This chapter covers the regulations and latest union and Health and Safety Executive (HSE) guidance around the safe use of equipment and machinery in ...
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Health and safety requirements for working with display screen equipment [page 145] (986 words)

Pregnancy and DSE work [page 147] (119 words)

Homeworking and display screen equipment [page 147] (457 words)

Machinery and other work equipment [page 148] (949 words)

Supplying equipment post Brexit [page 149] (210 words)

Lifting operations and equipment [page 150] (184 words)

Personal protective equipment [page 150] (214 words)

Personal Protective Equipment at Work (Amendment) Regulations 2022 [page 150] (1,409 words)

Product standards rules [page 153] (81 words)

Head protection and turbans [page 153] (49 words)

Women’s PPE [page 153] (190 words)

Dress codes [page 153] (625 words)

Chapter 10

Hours of work [page 155] (228 words)

This chapter covers the law, Health and Safety Executive (HSE ) and other guidance on aspects of working time, the latest case law developments and ...
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The Working Time Regulations [page 155] (95 words)

Brexit and working time [page 155] (492 words)

Working time rights — a summary [page 156] (97 words)

What is working time? [page 156] (361 words)

Travelling time [page 157] (206 words)

Time spent on call [page 157] (1,231 words)

Unmeasured time [page 159] (56 words)

Who has WTR rights [page 159] (1,808 words)

The maximum working week [page 163] (674 words)

Night and shift work [page 164] (1,040 words)

Daily rest [page 166] (32 words)

Weekly rest [page 166] (751 words)