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Civil Contingencies Act 2004 v HSAW Act 1974
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Posted By Laurence Wickens
Hello,
Are there any changes to the HSAW Act or broadley Health & Safety & Enviroment Law since the introduction of the Civil Contingencies Act 2004.
As employers we have the 'Duty of Care' to all employees but how does this effect us legally in terms of the CC act.
Thanks in advance
Laurence Wickens
TechIosh
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Rank: Guest
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Posted By Ken Dickson
Lawrence,
My understanding of the CC Act is that is gives the Government powers to suspend pretty much any piece of legislation in times of extreme emergency (outbreak of war etc.). It is unlikely that such an event would impact on H&S legislation.
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Rank: Guest
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Posted By Al Penman
Laurence
follow the link below and check out Schedule 3 - Repeals and Revocations, this lists all legislation repealed or amended by the act.
http://www.opsi.gov.uk/acts/acts2004/20040036.htm
Part 1 of the act itself is aimed at responding agencies, Category 1 responders are the emergency services, Local Authorities, Maritime & Coastguard Agency, Environment Agency, SEPA and the NHS (different list here in Scotland to south of the border). Category 2 responders include transport operators, utility companies and the HSE.
The act doesn't replace site operators responsibilities required under COMAH, MACR or REPPIR.
There is a requirement for category 1 responders to assess the risk of emergencies occurring and use this to inform contingency planning, this is usually in the form of a Community Risk Register. This will list types of incidents and the likelihood and impact and any control measures required with regards emergency planning.
I am not aware of any changes to HASWA or environmental legislation due to the implementation of the act, although I am open to correction.
I hope this helps you in your quest for a suitable answer.
Regards
Allan A Penman CMIOSH MIIRSM MEPS
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Rank: Guest
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Posted By Laurence Wickens
Many thanks for that, I did not think any law had changed but I just had to make sure before I make a presentation on Friday. I suppose now it is a case of risk assessing a wider scope of possibilities for personal health, safety and enviroment....as Louis Armstrong said "What a wondeful world".
Again thank you
Laurence Wickens
TechIOSH
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Civil Contingencies Act 2004 v HSAW Act 1974
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