Reasonably practicable duties
These require the employer to assess the risks associated
with a particular work activity and then take appropriate
measures to counteract those risks, taking into account
the costs of the proposed controls. The controls may be
measured in time, effort or money, and there will be an
optimum balance point at which further risk reduction
would not be cost effective. The requirement is that the
employer must reduce the risks using controls commen-
surate with those risks; a balance needs to be struck.
1.4.2 Specifi c fi re and health and safety
legislation
There are three key pieces of legislation relating specifi -
cally to fi re and health and safety in England and Wales:
➤
The Health and Safety at Work etc. Act 1974
➤
The Management of Health and Safety at Work
Regulations 1999
➤
The Regulatory Reform (Fire Safety) Order 2005.
As it is the basis upon which our current safety legisla-
tion is founded we will look at the Health and Safety at
Work etc. Act fi rst.
The Health and Safety at Work etc. Act 1974
This Act came into force as a result of work undertaken
by the Rubens Institute, in 1972. In essence the Act con-
fers duties on a number of key parties in relation to health
and safety. The primary responsibilities are held by:
➤
Employers
➤
Occupiers of premises
➤
Designers, manufacturers, suppliers, importers,
installers, etc.
➤
Employees
➤
Personal
liabilities
➤
HSC and HSE.
Employers
The general duty of employers under the Act is to ensure,
so far as is reasonably practicable, the health safety and
welfare at work of all his employees. This general duty is
extended to include the following specifi c requirements:
➤
The provision of safe plant and systems of work
➤
The safe storage, handling, use and transportation
of articles and substances used at work
➤
The adequate provision of information, instruction
and training with supporting supervision
➤
A safe place in which to work with adequate means
of access and egress
➤
A safe working environment with appropriate provi-
sion of welfare facilities.
The Act also places a duty upon an employer to
produce a health and safety policy which if there are fi ve
or more employees should be written down.
There is also a general duty for an employer to consult
with duly appointed trade union safety representatives
and to form safety committees given certain criteria.
Figure 1.10
Balancing risk against cost
Magnitude
of risk
Time
Effort
Money
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