Common Law summary:
• An action at Common (Civil) Law is between individuals
• One individual initiates proceedings against another individual and can decide
to settle out of court (ca. 90% of accident claims are settled this way)
• County Court and High Court (England and Wales)
• Civil case proven on balance of probabilities (reasonable degree of probability)
• Plaintiff sues defendant for remedies beneficial to him or her (usually financial
compensation)
Criminal Law summary:
• Crime is offence against the state
• Under H&S Law this allows HSE to prosecute
• Criminal cases heard in Magistrates and Crown Courts
• Under H&S Law, the accused has to prove that he/she had complied with the
legal duty
• Penalties are fines and/or imprisonment
• Aim of penalties to ‘deter and reform’, not compensate an injured party.
Acts of Parliament – The Health & Safety at Work Etc. Act (HASWA) 1974
• Regulations
• Approved Codes of Practice
• Guidance Notes
HASWA 1974
‘It shall be the duty of every employer to ensure, so far as is reasonably
practicable, the health, safety and welfare at work of all his employees.’
HASWA s 2 (1)
Section 2(2) HASWA 1974
Employers must:
• Provide and maintain safe plant and methods of work
• Make arrangements for the safe handling, storage and transport of all types of
plant and substances
• Instruct, train and supervise their employees in health and safety in their work.
• Keep all work places, and access to them, healthy and safe.
• Keep working premises health and safe. Make arrangements for the welfare of
their employees whilst at work.
Section 2(3) HASWA 1974:
• Preparation and revision of a safe policy
• general statement of intent
• organisation (people and their duties)
• arrangements (systems and procedures)
Remember:
• statements under HASWA quantified by ‘so far as is reasonably practicable.’
• balance between risk and cost to rectify the problem.
• quantify risk v. cost.
Greater the risk, the less thought involved!
Section 3 HASWA 1974
‘Persons who are not his employees’:
• Students
• Visitors
• Parents (Parents’ Evenings)
• Contract Staff e.g. caterers, builders, maintenance, ground staff
When should Section 3 apply?
• During school/college hours
• Sports matches (weekends or after hours)
• School/college outings
• Organised school trips, e.g. ski-ing, day trips, etc.
• In loco parentis
So far as is reasonably practicable.
Section 7 HASWA 1974
S7 – General duties of employees
• ‘It shall be the duty of every employee to take reasonable care for the health
and safety of himself and others who may be affected by his acts or omissions.’
• ‘It shall be the duty of every employee to co-operate with his employer in order
to assist him in meeting his legal responsibilities.’
Section 8 HASWA 1974:
• S8 – Interference or misuse.
• S8 – requires that no-one, whether employee or not, shall neither intentionally
or;
• recklessly interfere with or misuse anything provided by the employer to meet
• legal obligations, e.g. plant, equipment, methods of work.
Section 9 HASWA 1974:
• S9 – Duty not to charge.
• The employer is not allowed to charge for anything done or provided to meet
statutory requirements, e.g. personal protective equipment.

RIDDOR 1995:
• Construction, Design & Management Regulations 1994
• Health & Safety (Consultation with Employees) 1996
• Fire Precautions (Workplace) Regulations 1997
• Health & Safety (First-Aid) Regulations 1981
• Health & Safety Information for Employees Regulations 1989
• Post-1993 emphasis on employer to assess and control risks by enforcing
authorities
• The employer creates the risk, therefore the employer should control the risk
• Risk assessment not a new concept
MHSWR 1992:
Important piece of legislation:
• introduced the requirement for risk assessment across the board
• all activities that post a significant risk should be assessed
• trivial risks can be ignored
• introduced requirement for access to competent advice (regulation 6)
• appoint, not necessarily employ, person/company to assist in areas where
knowledge is lacking
• plan, organise, control, monitor and review safety arrangements
• emergency arrangements for dealing with serious and imminent danger
• training of staff and capabilities
• manage and inform others, e.g. contractors
• health surveillance
• control risks to new and expectant mothers
• protect young persons
• employees co-operate with employer

 COSHH Regulations 1999
• Employers’ duties – assess the risk from hazardous substances in the
workplace (Regulation 6)
• Following identification of risks, introduce control measures necessary for
reduction of risk to a level as low as is reasonably practicable without the aid of
personal protective equipment (Regulation 7)
• Emphasis on prevention, then control (Regulation 7)
• Maintain and test control measures (Regulations 8 and 9)
• Monitor exposure at the workplace
• Carry out health surveillance where identified either in the Regulations or as a
result of risk assessment (Regulation 11)
• Provide suitable and sufficient information, instruction and training (Regulation
12)
• Regulations 6-12 apply to employees (11 and 12 where appropriate)
• Regulations 6-10, and 12 apply to ‘other persons’ at the premises, e.g.
contractors
• Regulations 6-9 apply to ‘other persons likely to be affected by the work’
• Assess risk to employees, other persons at the premises, and anyone else who
may be affected