Health & Safety Law The aim of all health and safety law is to prevent accidents and ill-health and to protect people while engaged in work activities. It comprises statute law, i.e. Acts and Regulations, and the common law based on the decisions of the courts.
Statute law generally gives rise to legal action for criminal offences, resulting in prosecution, whereas Common Law gives rise to legal action for civil actions such as negligence claims.
The following diagram depicts the English Legal System:
English Legal
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The majority of breaches of The Health and Safety at Work Act 1974 (HASAWA) will be heard in a Magistrates Court where fines can range from £5,000 - £20,000 and/or 6 months imprisonment. If the Magistrates decide to refer the case to a Crown Court the fines are unlimited and 2 years imprisonment per offence.
The Health and Safety at Work Act 1974 is still in force, however from 1st January 1993 the European Community introduced six specific pieces of legislation which were adopted as UK Law (six pack). These are:
- The Management of Health & Safety At Work Regs 1999 (amended);
- The Provision and Use Of Work Equipment Regs 1998 (amended);
- The Health and Safety (Display Screen Equipment) Regs 1992;
- The Personal Protective equipment at Work Regs 1992;
- The Manual Handling Operations Regs 1992; and
- The Workplace (Health Safety and Welfare) regs 1992.
Some of the 'six pack' (and other) health and safety regulations have been amended by the Health and Safety (Miscellaneous Amendments) Regulations 2002. These amendments are designed to clarify legal requirements in the:
- Health and Safety (Display Screen Equipment) Regulations 1992;
- Manual Handling Operations Regulations 1992;
- Personal Protective Equipment at Work Regulations 1992;
- Workplace (Health, Safety and Welfare) Regulations 1992;
- Provision and Use of Work Equipment Regulations 1998;
- Health and Safety (First Aid) Regulations 1991; and
- Lifting Operations and Lifting Equipment Regulations 1998
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