Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
Mersey  
#1 Posted : 13 January 2016 08:48:15(UTC)
Rank: Forum user
Mersey

What’s the opinion of the main legislation to be aware of when being a health and safety practioner? I’m starting to look for a new place to work to freshen myself up. Many job descriptions say must be knowledgeable about legislation. (That’s a really broad term)
Well that’s fine but to what level? Like how a barrister would say “clause 4 of section five of the HSWA.?
I’ll be honest if I’m ask questions about legislation I normally have to refer to the web or reference books ACOPS etc.., I’d struggle to recite things or be 100% sure in everything I say was correct I’d always check up using the web, (is this the same approach other people would take?)
Are there any good resources that simplify legislation? I suppose it's all dependant on what sector of industry the job in question was in.
There is a role I'm looking at in the waste sector recycling, so I'm thinking moving parts, PUWER is one such topic to revise on.

Any advice greatly appreciated

RayRapp  
#2 Posted : 13 January 2016 11:11:02(UTC)
Rank: Super forum user
RayRapp

I don't think you need to be conversant in law in chapter and verse, as you have said there is ample info available on the Internet. A knowledge of the basics of HSWA, MHSWR, PUWER, LOLER and possibly one or two other industry specific regulations and guidance is a good start. After all, you need to know where to start when researching for legal information.

I think it also useful to a basic knowledge of civil law and the Tort of Negligence as a H&S practitioner. There is so much nonsense spouted about civil claims these days by people who know nowt about the law. Indeed you could do worse than check out Wikipedia.

If you really want to brush up on your volenti non fit injuria, then I suggest the books below.

Phil Harris, An Introduction to Law, sixth edition, Cambridge University Press, ISBN 0521606063

Holland and Webb, Learning legal Rules, sixth edition, Oxford University Press, ISBN 0199282501
Mersey  
#3 Posted : 13 January 2016 15:24:11(UTC)
Rank: Forum user
Mersey

Thanks Ray,

A further question I have is how many different enforcement authorities are there in respect to UK Health and Safety. I'm not even sure whether my question makes sense? It's something I was asked in an interview my answer being

Environment agency, local authorities, HSE are there anymore than that?

Who can make the rules and change them? When do the European laws and directives come into play. I have been told (and I'm not sure how true this is) that COSHH regs do not come under the HASAWA.

If I contravened Coshh regualtion it would not be contrary to any UK law, but would be against several European directives? I find this side of H&S most confusing if anyone has a simplified version flow chart of where all these laws regs directives legislation acts and statutes sit with one another I'd be grateful

RayRapp  
#4 Posted : 13 January 2016 17:28:54(UTC)
Rank: Super forum user
RayRapp

No problem. There are a number of other enforcement agencies, such as ORR, CAA, etc.

Most of our regulations here in the UK come courtesy of the EU via directives. There is nothing to prevent the UK from making their own laws as well, indeed the Corporate Manslaughter and Corporate Homicide Act 2007 had nothing to do with the EU.

COSHH is a Statutory Instrument, which came about via a EU directive back in 1992. Therefore not strictly part of HSWA. That said, If 'you contravened UK law' you would be prosecuted either under the specific regulation or HSWA regulation 2(1) or 3(1) as a rule.

H&S law below.

http://www.hse.gov.uk/le...tion/statinstruments.htm
jay  
#5 Posted : 13 January 2016 19:41:23(UTC)
Rank: Super forum user
jay

The initial version of COSHH was the 1988 version, implementing the provisions of the Council Directive No. 80/1107/EEC on the protection of workers from the risk related to exposure to chemical, physical and biological agents at work. Then we had the 1992 "Six Pack" .

http://www.legislation.g...uksi/1988/1657/note/made

It took 8 years for the tri-partriate Health & Safety Commission to arrive at a consensus due to the opposition from the employers lobby only resolved after the concept of introducing in EH 40 the MELs & OELs!
jay  
#6 Posted : 13 January 2016 19:47:04(UTC)
Rank: Super forum user
jay

HASAWA gives the powers to make all other Health and Safety "Regulations" (Section 15)

http://www.legislation.g...ukpga/1974/37/section/15
toe  
#7 Posted : 13 January 2016 23:25:45(UTC)
Rank: Super forum user
toe

I would suggest the NEBOSH General Certificate study book, by Ed Ferret. It is a good all round book that can be used for reference and information. It explains the Law in its simplest terms and covers many pieces of UK legislation.

However, still use the trusty internet for clarification and research.
Bigmac1  
#8 Posted : 14 January 2016 18:40:53(UTC)
Rank: Super forum user
Bigmac1

Mersey, you could always try to do some training, just like all H&S Professionals, thats your starter for 10
Users browsing this topic
Guest (4)
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.