SESSION TWO
LEGAL
REQUIREMENTS
Health and Safety at Work etc.
Act 1974
• 3(1) It shall be the duty of every employer
to conduct his undertaking in such a way
as to ensure, so far as is REASONABLY
PRACTICABLE, that persons not in his
employment who may be affected thereby
are not exposed to RISKS to their health
and safety.
EXAMPLE OF WHAT IS
REASONABLE
PRACTICABILITY
You have a very old building, there is no
way to find out where the pipe runs are
and they are in poor condition. You
therefore cannot produce a schematic
diagram and indeed would have to rebuild
if you wished to replace the pipe-work.
Health and Safety (Offences) Act
2008
• Became law in April 2009
• All H&S offences in Magistrates courts can
receive a maximum fine of £20,000
• Previously breach of Regulations such as
COSHH could be fined a max of £5,000 in
magistrates courts
• Individuals when prosecuted for H&S
offences - the courts can now sentence to
imprisonment.
Continued
• For breaches of Sections 7, 2 and 3 of the
Health and Safety at Work Act 1974
imprisonment is now an option for
individuals (not corporate bodies)
• For individuals to breach S2 or S3 then
this is enabled by Sections 37 (and 36)
• Maximum term in magistrates court is 1
year and 2 years in crown court
Prosecution of individuals – HSE
prosecution manual
• When there has been a death
• Reckless disregard of H&S legislation
• Repeated breaches giving rise to
significant risk
• Persistent and significant poor compliance
• Supplying false information giving rise to
significant risk
Health and Safety at Work etc
Act 1974
Section 7(a)
General duties of employees at work
It shall be the duty of every employee to
take reasonable care for the health and
safety of himself and other persons who
may be affected by his acts or omissions
at work
COSHH
•
•
•
•
RISK ASSESSMENT
Prevention or control
Use of control measures
Maintenance,
examination and testing
• Information, instruction
and training
Regulation 6(1)-assessment
• It must be SUITABLE AND SUFFICIENT
and include the steps needed to meet the
requirements of the REST OF THE
REGULATIONS.
• 6(1)(b) MUST “IMPLEMENT THE
STEPS” identified in the assessment,
implicit before but now stated.
THE BASIC LEGAL DUTIES
OF THE ACoP
Paragraph 54 states:
The risk from exposure will be controlled by
measures which do NOT allow the proliferation of
legionella bacteria in the system and reduce
exposure to water droplets and aerosol.
Precautions should include where appropriate the
following:
b) avoidance of water temperatures and conditions
that favour the proliferation of legionella
bacteria and other micro organisms
The Sentencing Guidelines Council
- Corporate Manslaughter and Health
and Safety offences sentencing
guidance issued in Feb 2010
• Fine for first offence pleading not guilty and then
convicted – 5% of annual turnover
• Guidelines ALSO apply to Health and Safety
offences where the “offence was a significant
cause of death” not simply death occurred
After the inspection enforcement
•
•
•
•
•
Verbal advice
Letter
Improvement Notice
Prohibition Notice
Prosecution
Penalties for breaching H&S law
from April 2009
Offence
Summary
Indictment
Breach of S2-6
HSWA
£20,000 or one
year inside
Unlimited fine or
two years inside
Breach of S7-9
HSWA
£20,000 or one
year inside
Unlimited fine or
two years inside
Contravention of
notice
£20,000 and/or
six months
imprisonment
Unlimited fine
and/or two
years
imprisonment
£20,000
Unlimited fine
Breach of
Regulations
HOT WATER FROM SOLAR
PANELS
PROBLEMS
• Warm water from solar storage mixed directly
into main calorifier – unusual usually indirect
• Huge challenge of calorifier with about 10 million
legionella per litre from the calorifier and
expansion vessel
• So huge that legionella escaped into hot outlets
• Only solution to isolate solar system and
problem solved
• Remember servicing issues when cleaning etc