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 EU directives, are made. For example, in the case of hazardous chemicals, the HSWA sets out the broad, general duty on employers to make arrangements for ensuring the safe use, handling, storage and transport of articles and substances. 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 adopts 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. Another key concept is the hierarchy of risk control. Risks should be reduced to the lowest reasonably practicable level by taking preventative measures, in order of priority, with eliminating the risk at the top of the list and the provision of personal protective equipment (PPE) as the last resort. For example, it is a breach of health and safety law for an employer to move straight to PPE without considering other ways of eliminating or reducing risk to health and safety.



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 in itself an offence, but to avoid prosecution for infringement of health and safety law, an employer will be expected to show that they have adopted equally effective methods.



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.