Regulations, Approved Codes of Practice and Guidance

The HSWA is an “enabling Act”. This means it creates broad rights and duties under which more detailed health and safety regulations, including those implementing European Union (EU) directives, are made to accommodate particular workplace risks as and when they are identified. For example, in the case of hazardous chemicals, the HSWA sets out the broad, general duty on employers to maintain places of work so that they are safe and without risks to health. Detailed requirements concerning chemicals and other hazardous substances are set out in the Control of Substances Hazardous to Health Regulations 2002 (see Chapter 6).

Health and safety law works by adopting simple key concepts such as risk assessment (see Chapter 3). The emphasis must always be on examining the work process to find the best way to prevent harm. In particular, it is a breach of health and safety law for an employer to move straight to Personal Protective Equipment (PPE) without considering other ways of eliminating or reducing risk to health and safety. PPE should always be a last resort.

Health and safety regulations are legally binding. Approved Codes of Practice (ACOPs) are generally issued with regulations to give practical guidance on complying with the law. Failing to follow an ACOP is not an offence, but to avoid prosecution for infringement of health and safety law, an employer will be expected to show that equally effective methods have been adopted, matching the effectiveness of the ACOP.

Guidance is often issued giving advice on how to comply with the regulations. In addition, guidance notes set out safe procedures to be followed when using particular substances or pieces of equipment. They are not legally binding but show good practice.

All ACOPs and Guidance are available to download from the HSE’s website at: www.hse.gov.uk.