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 then 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.

In some cases, the regulations contain an absolute prohibition on exposure to a particular hazard in any circumstances (see amendment to section 47 of the HSWA above). For example, in relation to noise, as well as stipulating the control measures an employer must take to limit exposure to noise, the Control of Noise at Work Regulations 2005 contain an absolute prohibition on exposure to noise above the Exposure Limit Value (ELV). If the ELV is exceeded, employers must reduce exposure to below that level and prevent it happening again (See Noise: Chapter 7).

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, for example. They are not legally binding but show good practice.