Health and Safety at Work - FAQ.

This is a simplified question and answer section on the general legal issues surrounding health and safety in the workplace.

Q. What are "relevant statutory provisions"?

A. "Relevant statutory provisions" are pieces of legislation which existed prior to the HSW Act, and all new health and safety Regulations, etc that have an association with, or are relevant to, the subject of health and safety. Schedule 1 to the HSW Act lists all the Acts which were in existence prior to the HSW Act and which are classed as "relevant statutory provisions".

Q. Do previous Acts and Regulations made before the HSW Act still apply?

A. Yes. All pre-HSW Act health and safety related legislation is continued under the HSW Act. However, there is a current systematic repeal and revocation of older health and safety legislation which tended to be very prescriptive, ie comprising lists of "dos" and "don'ts". Very few functional requirements of the 1961 and 1963 Factories Acts actually remain in force.

Q. Is there any difference in the terms "shall" and "shall not", "practicable", and "reasonably practicable"?

A. Yes, all of those terms mean something different and have varying standards of strictness. "Shall" and "shall not" are "absolute" terms, ie they require something to be done or not done - there is no compromise. The terms "effective" and "efficient" have also been held by the courts to impose an absolute duty. The term "practicable" is less strict and requires something to be done as far as is possible in the light of current knowledge, understanding and technological development. The term "so far as is reasonably practicable" is the least strict and means that the degree of risk can be weighed against the costs, in money, time and staff, etc, of controlling that risk to acceptable standards. Thus employers who identify a high risk in their workplace will be expected to allocate more resources in controlling that risk, if necessary.

Q. Does European Union legislation affect the HSW Act or any Regulations under it?

A. EU legislation and Directives may amend existing UK health and safety law, including the HSW Act, or require new laws to be made. It has not, however, affected the broad-principled and self-regulatory approach to health and safety adopted in the UK, although EU laws do tend to be more prescriptive than UK laws.