Introduction to Health and Safety at Work

17.16.16
General duties of employees 
at work – Article 23
Every employee must, while at work:
(a) take reasonable care for the safety of him or herself 
and of other relevant persons who may be affected 
by acts or omissions at work

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Summary of the main legal requirements
357
(b) as regards any duty or requirement imposed on an 
employer by or under any provision of this Order, 
the employee must co-operate so far as is neces-
sary to enable that duty or requirement to be per-
formed or complied with; and
(c) inform their employer or any other employee with 
specifi c responsibility for the safety of fellow 
employees:
(i) 
of any work situation which a person with the 
fi rst-mentioned employee’s training and instruc-
tion would reasonably consider represented a 
serious and immediate danger to safety, and
(ii) 
of any matter which a person with the fi rst-
mentioned employee’s training and instruction 
would reasonably consider represented a short-
coming in the employer’s protection arrange-
ments for safety.
17.16.17 Part 3 Enforcement Articles 25–31
Part 3 of the order is about enforcement and penalties. 
An enforcing authority may be the fi re and rescue author-
ity of the area (most cases), the HSE (Nuclear sites, 
ships and construction sites without other operations) 
and Fire Inspectors maintained by the Secretary of State 
(armed forces, UK Atomic Energy Authority and Crown 
premises).
Fire Inspectors and an offi cer of the fi re brigade 
maintained by the fi re and rescue authority, offi cers have 
similar powers (Articles 27 & 28) to inspectors under the 
HSW Act.
There are differences between the HSW Act and the 
Fire order in the notices which can be issued. Appeals 
can be made against these notices within 21 days and the 
notices are suspended until the appeal is heard. However 
a Prohibition notice stands until confi rmed or altered by 
the court. Fire Inspectors can issue:
Alterations Notices – Article 29
These may be issued where the premises concerned 
constitute a serious risk to relevant people or may consti-
tute a serious risk if any change is made to the premises 
or its use.
Where an Alterations Notice has been served the 
responsible person must notify the enforcing author-
ity before making any specifi ed changes which are as 
follows:
➤
a change to the premises
➤
a change to the services, fi ttings or equipment in or 
on the premises
➤
an increase in the quantities of dangerous substances 
which are present in or on the premises
➤
a change in the use of the premises.
In addition, the Alterations Notice may also include the 
requirement for the responsible person to:
➤
record the signifi cant fi ndings of the risk assessment 
as per Article 9 (7) and 9 (6)
➤
record the fi re safety arrangements as per Article 11 
(1) and 11 (2)
➤
before making the above changes to send to the 
enforcing authority a copy of the risk assessment and 
a summary of the proposed changes to the general 
fi re precautions.
Enforcement Notices – Article 30
Where the enforcing authority is of the opinion that the 
responsible person has failed to comply with the require-
ments of this Order or any regulations made under it 
they can issue an Enforcement Notice which must:
➤
state that the enforcing authority is of this opinion
➤
specify the provisions which have not been com-
plied with; require that person to take steps to rem-
edy the failure within a period (not less than 28 days) 
from the date of service of the notice.
An Enforcement Notice may include directions on the 
measures needed to remedy the failures. Choices of 
remedial action must be left open.
Before issuing an Enforcement Notice the enforc-
ing authority must consult the relevant enforcing author-
ities including those under HSW Act and the Building 
Regulations.
Prohibition Notices – Article 31
If the enforcing authority is of the opinion that the risks, 
relating to escape from the premises, are so serious that 
the use of the premises ought to be prohibited or restricted 
they may issue a Prohibition Notice. The notice must:
➤
state that the enforcing authority is of this opinion
➤
specify the provisions which give or may give rise to 
that risk, and
➤
direct that the use to which the notice relates is pro-
hibited or restricted as may be specifi ed until the 
specifi ed matters have been remedied.
A Prohibition Notice may include directions on the meas-
ures needed to remedy the failures. Choices of remedial 
action must be left open.
A Prohibition Notice takes effect immediately it is 
served.