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HEALTH & SAFETY @ LITTLE FRANCE

HEALTH & SAFETY LAW



Welcome to an on-line health and safety

awareness package intended for staff and

students working within UofE buildings on

the Little France campus who may be

interested in learning more about UK law as

it relates to health and safety at work.





Information contained within these pages is intended for use by

University of Edinburgh staff and students only

HEALTH & SAFETY @ LITTLE FRANCE

HEALTH & SAFETY LAW

The material contained in this presentation is not

fully comprehensive, nor necessarily always

completely up-to-date, since law is a complex

subject (fairly superficially summarised in this

presentation) and laws do change. If definitive

information is required, please contact the Little

France Buildings H&S Manager, the contact details

for whom are shown on the last pages of this

presentation - Thank you.



Information contained within these pages is intended for use by

University of Edinburgh staff and students only

Health

& Safety

Law

Last updated: January 2012

UK Law



It may help at the outset to know the meaning of

the following terms:

 Common Law and Case Law

 Statute Law

 Civil Law

 Criminal Law

 Acts, Regulations, Orders, ACoPs* and

Guidance Notes



* Approved Codes of Practice

Common Law and Statute Law

Common Law Statute Law

 Unwritten law dealing with  Acts of Parliament and

conduct between people, not related Regulations

dealt with by Acts of  Imposes legal duties, which

Parliament may be absolute, practicable,

 Judgements create precedent or reasonably practicable

for other Judges to follow  Failure to comply is an

(recorded in Law Reports) offence in Criminal Law and

 Deals with the balance of may give rise to criminal

probabilities (51+% certainty) liability and penalties

 Outcome is in the form of a  Deals with reasonable doubt

remedy or compensation (~98+% certainty that a

 Includes negligence, liability, decision is beyond reasonable

and duty of care, and involves doubt)

defences  Gives rise to

 This ‘Case Law’ gives rise to Criminal Law

Civil Law

Civil Law and Criminal Law (1)

Civil Law Criminal Law

 Based on Common Law  Based on Statute Law

 Regulates relationships  Regulates conduct considered

between legal persons by the State to be prejudicial

(individuals and corporations) to the community

 Proceedings started by one of  Proceedings instituted by

two or more parties, who may officers of the Crown

settle at any time  Court decides on guilt or

 Civil court may consider innocence

disputes arising out of  Principal object is to punish

property rights, employment, the guilty

family, etc

 Court may compensate for

wrongs

Civil Law and Criminal Law (2)

Civil Law Criminal Law

 Judgements escalate from  Judgements escalate from

lowest level of Sheriff Court lowest level of Sheriff or

in Scotland (Small Claims District Court in Scotland

Court in England and Wales) (Magistrate’s Court in

to Court of Session (County England and Wales) to High

Court or High Court in Court of Justiciary (Crown

England and Wales), with Court in England and Wales),

possible leave to appeal to a with possible leave to appeal

Court of Appeal (a panel of to a Court of Appeal (a panel

Judges), and conceivably to of Judges), and conceivably to

UK’s House of Lords or UK’s House of Lords or

European Courts, for the European Courts, for the

judgement of a lower court to judgement of a lower court to

be overruled. be overruled.

Civil Law and Criminal Law (3)

Civil Law Criminal Law

 Liability insurance surveys  Health and Safety at Work etc

and reports Act 1974 is Statute Law (i.e.

 Claims investigations Criminal Law)

 H&S management audits  H&S@WA supports

 Compliance audit programme delegated legislation (e.g.

Management of Health and

 May inform changes to H&S Safety at Work Regulations

policies 1999)

 Breach of civil duty is  H&S@WA sets out duties for

insurable employers and employees

 H&S@WA empowers Health

and Safety Executive (HSE)

 Breach of statute law is not

insurable

Civil Law and Negligence



Under civil law, an individual who has been

injured may sue for damages that he or she claims

were caused by the negligence of another person.

But to prove negligence, the injured person has to

establish (on the balance of probability) that:

• he or she was owed a duty of care by the other

person;

• there was a breach of that duty; and

• that there was damage and it resulted from that

breach of duty of care.

Negligence and Duty of Care



The duty is, in effect, a legal obligation

imposed on an individual, requiring that he

or she adheres to a standard of reasonable care

while performing any acts that could

foreseeably harm others.

It is the first element that must be

established to proceed with an action

claiming negligence.

Contributory Negligence

and Proportional Judgement



Courts will make an assessment of the extent to

which blame may be apportioned between the

person being sued (the defendant) injured party (the

claimant), and to what extent there may have been

contributory negligence on the part of the claimant;

this may bear on the amount of compensation

ultimately awarded.

Negligence and Vicarious Liability

Where, through negligence, an employee causes

damage while at work (including work being done

away from the employer’s normal base of

operations), it is the employer who remains

accountable in law for his or her employee’s actions,

and it is the employer who may be expected to pay

compensation to an injured party.

If the damage was caused because the employee

disregarded his or her employer’s instructions, the

employee may be subject to disciplinary measures

taken by his or her employer, but it it is the

employer who remains vicariously liable for

damages caused by his or her employee.

European Law



Commission of the European Communities





EC Directives





Transposition





National law in member states

UK (Statute) Law

Drafting by Ministers and Civil Servants



Publication of a White Paper or Bill followed by First Reading and debate



After amendment, Second Reading and debate in the House of Commons



Detailed discussion in Committee Stage



Report to House of Commons



Third Reading in the House of Commons (then passed to the House of Lords for

further debate and possible revisions)



Final Adoption by House of Commons



Presented to the Monarch for Royal Assent



Becomes Statute Law in the UK

UK (Statute) Law

 Acts

Primary or principal legislation with enabling provisions

(e.g. Health and Safety at Work etc Act 1974).

 Regulations

Delegated legislation (e.g. Control of Substances

Hazardous to Health Regulations 2002).

 Orders

(e.g. Commencement Orders bringing Acts into force).

 Approved Codes of Practice (ACoPs)

(e.g. ACoP for COSHH Regs).

 Guidance Notes

(e.g. HSE HSG and GN series).

Scottish Law



As may have become apparent already,

Scotland has a different legal system from

England and Wales.

While the Health & Safety at Work etc Act

1974, and related Regulations, apply equally

in Scotland, there are differences in the

Court system, which may become apparent

in the event

of a prosecution.

Scottish Law



• Sheriff Court

Tries criminal cases (summary and solemn) and civil

actions, and conducts fatal accident enquiries.

• Court of Session

Based in Edinburgh.

Tries civil actions at a higher level that Sheriff Courts.

• High Court of Justiciary

Located in Edinburgh and Glasgow, and also on circuit.

Tries criminal prosecutions (solemn and summary) at a

higher level than Sheriff Courts.

Scottish Law



High Court Court of

of Session

Justiciary



Criminal Sheriff Court Civil

cases cases







District Court

Scottish Law



• Summary Procedure

Outcome decided by a Sheriff (in a Sheriff Court) or a

bench of one or more lay Justices (in a District Court), in

the absence of a jury.

• Solemn Procedure

Involves a jury of (in Scotland) fifteen people.

The Judge or Sheriff decides questions of law, and the

jury decide questions of fact; in a summary procedure,

the Judge, Sheriff or Justice(s) decide both.

Scottish Law

And, unique to Scottish Law, there are not

just two possible outcomes from a trial, but

three:

• Guilty

• Not Guilty

or

• Not Proven

A simple majority verdict (even

eight to seven of the fifteen-strong

jury) will suffice to secure a

conviction.

Scottish Law



Another difference that might be worth

highlighting relates to civil wrongs and the concept

of negligence.

In England and Wales a civil wrong is described

as a Tort, whereas in Scotland it is a Delict.

Either way, individuals (pursuers) may use the

Common Law on negligence to bring a civil

action for compensation following injury (e.g. by

an employee against an employer –

the defender - following an injury at

work).

Scottish Law



The Crown Office and Procurator Fiscal

Service is responsible for the investigation and

prosecution of crime in Scotland.

A special unit of the service exists to investigate

and (potentially) prosecute some offences related

to health and safety.

Scottish Law



In extreme cases, a Fatal Accident Inquiry may

be convened under the Fatal Accidents and

Sudden Deaths Inquiry (Scotland) Act 1976.

A FAI, in any event, must be held in all cases of

death arising from an accident at work.

The purpose of the Inquiry is not to apportion

blame, but to establish facts.

Scottish Law



Specifically, a FAI is set up to determine:

• Where and when the death took place;

• The cause of death;

• Reasonable precautions whereby the death

might have been avoided;

• Factors which may have contributed to the

death; and

• Any other facts relevant to the

circumstances of the death.

Acts

 Statute law.

 E.g. H&S@WA 1974.



 Debated and made in



Parliament.

 Primary legislation, which may

represent a framework for secondary

legislation and Regulations.

 Impose legal duties on employers etc.



 Failure to comply may give rise to

criminal liability.

Regulations

 Statutory instruments.

 E.g. Ionising Radiation



Regulations 1999.

 Subordinate to, or delegated



from, an Act.

 Section 15 of H&S@WA 1974



enable Regulations to be made.

 Power is contained in the Act.



 But Regulations set out the details.



 Though they made be difficult to understand,

so read also the ACOPs …

Approved Codes of Practice (ACoPs)

 Issued by Health and Safety

Executive (HSE).

 Provides practical guidance



beyond what is set out in the

relevant Regulations, and in

terms that are more easy for

workers to understand.

 Not legally binding in themselves, but they

may be applied by a Court of Law as a

minimum standard that should perhaps

have been applied by an employer.

Guidance Notes (GNs)

 Issued by Health and Safety

Executive (HSE).

 Represent HSE’s opinion



of good practice.

 Not legally binding in themselves, but

they may be applied in a Court of Law

as a minimum standard that should

perhaps have been applied by an

employer.

Some More Definitions



Duty of Care

 A common law duty to

exercise reasonable care in

order to protect others from

the risks of foreseeable injury,

death or health problems.

Some More Definitions



Reasonable Care

 That which one would expect from

a reasonable person (one who has

regard to the possible consequences

of their actions).

 Higher standards are expected



from those with greater

knowledge, skills and

experience.

Some More Definitions



Legal Duties

 Duties may be absolute, practicable,

or reasonably practicable.

 Employers and employees share a

duty to take reasonable care.

Some More Definitions



Absolute Duty

 Duty-holders shall or must comply.

 I.e. applies irrespective of financial

implications.

Some More Definitions



Practicable Duty

 Comply so far as is practicable.

 I.e. comply if possible, or technically

possible.

 Financial and technical implications

may be considered, but should not

be made an insurmountable

obstacle.

Some More Definitions



Reasonably Practicable Duty

 Comply so far as is reasonably

practicable.

 i.e. the duty-holder is permitted to

weigh up the assessed risk against

the cost of merely reducing or

totally eliminating the risk.

Some More Definitions



Indictment

 An accusation of wrongdoing.

 The document formally outlining the

charges being brought against an

accused eprson.

Some More Definitions



Negligence

 “A wrong” (usually in civil law

terms).

 Conduct that falls short of what a

reasonable person would do (e.g. to

protect another person from

harm that could reasonably

be foreseen).

Some More Definitions



Contributory Negligence

 A common law defence.

 E.g. where something one person

has done has contributed in some

way to injuries or loss sustained by a

second person as a result of that

second person’s own

negligence, with the result

that blame may be shared.

Some More Definitions



Culpability

 A measure of the extent to which a

person can be held legally

responsible.

 May also be thought of as a measure

of blameworthiness.

Some More Definitions



Liability

 That which, in law, makes a person

responsible for injury or loss caused

by the person’s actions or inaction,

regardless of culpability.

Some More Definitions



Vicarious Liability

 A possible partial defence in law.

 E.g. the responsibility of a manager

for acts carried out by someone

working under their direction.

H&S Law

Health & Safety Law

The first piece of legislation within the UK

that governed, in effect, the health and

safety of workers, was the Factories Act of

1802 (also sometimes known as Health and

Morals of Apprentices Act) , which was

intended to limit the number of hours that

could be worked by

women and children in

the textile industry, and

then later in all industries.

Health and Safety at Work

etc Act 1974









Health and Safety

at Work Act 1974

Health & Safety at Work Act etc 1974



 Primary legislation for

occupational health and

safety in the UK.

 Enables a range of secondary



legislation.

 Sets out basic principles.



 Also sets out national framework for

regulation and enforcement.

Health & Safety at Work Act etc 1974





The Act established the

simple yet enduring principle

that those who create risk are

best placed to manage it.

Judith Hackitt CBE

Chair of Health & Safety Executive

2008

Health & Safety at Work Act etc 1974



 General duties of employers

 General duties of employees



 Health & Safety Executive (HSE)



 Employment Medical



Advisory Service (EMAS)

 Inspection



 Enforcement etc

H&S@WA 1974: Section 2

Employers general duty to ensure, so far as is

reasonably practicable, the health, safety and

welfare at work of all employees and, in

particular:

 Safe plant and systems of work.

 Safe use, handling, transport and storage of substances

and articles.

 Provision of information, instruction, training and

supervision.

 Safe place of work, access and egress.

 Safe working environment and adequate

welfare facilities.

H&S@WA 1974: Section 2(3)



 Requires employers to have a Safety

Policy

(see http://www.safety.ed.ac.uk/policy/index.shtm

for UofE’s H&S policy, and http://www.mvm.ed.ac.uk/

LittleFrance/mvmhlthsaf.htm for the policy covering

University buildings on the Little France campus)

H&S@WA 1974: Section 3



 Employer’s general duties of care

owed to others, including

contractors, visitors, the general

public, clients etc.

H&S@WA 1974: Sections 7 and 8

General duties of all Employees at work:

 Section 7(a): To take care for health and safety

of themselves and others who may be affected

by acts or omissions.

 Section 7(b): To co-operate with employer so

as to enable compliance with statutory

requirements.

 Section 8: No person to intentionally or

recklessly interfere with or misuse

anything provided in the interests

of health, safety or welfare.

H&S@WA 1974: Sections 20-22 and 24-25

 Sections 20 – 22 relate to the powers

of HSE inspectors to serve

Improvement Notices and

Prohibition Notices (of which more

later in this presentation).

 Sections 24 and 25 relate to the

process of appeal against

Improvement Notices and

Prohibition Notices.

H&S@WA 1974: Sections 33-43

 These Sections relate in particular to

the powers of HSE and Courts with

regard to the initiation and process

of prosecutions, including appeals.

H&S@WA 1974: Section 40

 The burden of proof is on the

accused! (Fairly unique in UK law).

 Rather than presuming innocence,

Section 40 of H&S@WA 1974 states

that if a breach has occurred, it is

for the company or individual

responsible to prove that they had

taken reasonable steps to

prevent it (Strict Liability).

H&S@WA 1974



 The Health & Safety at Work Act

1974 makes it a criminal offence

not to comply with the duties it

imposes.

 Failure to comply could lead to

prosecution, with heavy fines

and/or imprisonment.

Health & Safety Law

 Employers are required by law

to display a copy of the Health

and Safety Law notice in the

workplace.

 Provides employees with

information on safety

legislation, and lists sources

of further advice.

 Includes details of the

competent person, safety representatives, and

other relevant information specific to the

workplace.

Health and Safety

Regulations

Interrelationship of H&S Regulations

H&S@WA 1974 underpins a whole range of key H&S regulations

E.g.

COSHH

Regs





Health Containment

surveillance measures

Risk assessment

Dealing with emergencies

Information, instruction

and training

Management of Genetically Modified

Health & Safety Organisms

at Work Regs Competent (Contained Use) Regs

advice

Health and Safety (Information for

Employees) Regulations 1989



 Display the poster.

 Name the enforcing



authority.

 Provide contact details for



the Employment Medical

Advisory Service.

 Etc

Safety Representatives and Safety

Committees Regulations 1977

 Aimed principally at

employers and Trade

Unions.

 Appointment and function

of Safety Representatives.

 Safety Committees.



 Etc

Health and Safety (Consultation with

Employees) Regulations 1996



 Duty of employer to consult

 Duty of employer to provide

information

 Employee safety

representatives

 Etc

Management of H&S at Work Regulations 1999



 Risk assessments

 Health surveillance



 Information for employees



 Emergency procedures



 Capabilities and training



 Protection of young people etc



 Employers sharing a workplace etc



 Etc

Workplace (Health, Safety and Welfare)

Regulations 1998

 Ventilation, temperature etc

 Room size, lighting etc



 Sanitary arrangements etc



 Drinking water etc



 Traffic routes and walkways etc



 Changing rooms etc



 Rest rooms and dining rooms etc



 Etc

Provision and Use of Work Equipment

Regulations 1998

 Maintenance

 Inspection



 Control systems



 Markings



 Warnings



 Emergency stops



 Information and instructions



 Etc

Manual Handling Operations Regulations 1992



 Risk assessment

 Load factors



 Individual capacity



 Task-related factors



 Environmental factors



 Eliminate or reduce risk



 Safe work systems



 Etc

Personal Protective Equipment

at Work Regulations 1992



 Design principles

 Assessment of suitability



 Comfort and efficiency



 Information from

manufacturer

 Instructions to users



 Maintenance and storage



 Etc

Display Screen Equipment Regulations 1992



 Workstation risk

assessment

 Work routine



 Eyes and eyesight



 Training



 Information



 Etc

First Aid Regulations 1981



 First aiders

 Appointed persons



 Training



 Equipment and facilities



 Etc

Health and Safety (Safety Signs and Signals)

Regulations 1996

 Provision and maintenance

of safety signs

 Information, training



and instruction

 Includes mandatory, prohibitions,

warnings, fire-related, emergency

escapes and first aid

 Etc

Control of Substances Hazardous to Health

(COSHH) Regulations 2002

 Chemicals, dusts,

micro-organisms etc

 Risk assessment



 Prevention and control



 Monitoring and surveillance



 Incidents and accidents



 Information, instruction and

training

 Etc

Chemicals (Hazard Information and

Packaging for Supply) Regulations 2002



 Classifications

 Safety data sheets



 Labelling



 Packaging



 Etc

Registration, Evaluation and Authorisation of

Chemicals (REACH) Regulations



 Came into force in June 2007

 Obliges downstream users to

follow instructions in safety

data sheets

 Introduces concept of exposure

scenarios

 Obliges users to inform suppliers of any new

information pertaining to risk management

 Special implications for formulators

Dangerous Substances and Explosive

Atmospheres Regulations 2002



 Risk assessment

 Elimination or reduction

of risk

 Information, training and

instruction

 Emergency planning



 Etc

Genetically Modified Organisms

(Contained Use) Regulations 2000

 Risk assessment

 Notification of premises



 Notification of activities



 GM safety committees



 Containment and control

measures

 Emergency plans



 Etc

Reporting of Diseases, Dangerous Occurrences

(RIDDOR) Regulations 1995

 Report deaths and major

injuries

 Report notifiable



occupational-related

illness

 Report dangerous occurrences



 Record-keeping, time-scales



 Etc

Work at Height Regulations 2005



 Avoidance or

minimisation of risk

 Competence



 Organisation and planning



 Selection and inspection of



places and equipment

 Fragile surfaces



 Etc

Electricity at Work Regulations 1989





 Systems, work activities

and protective equipment

 Earthing and other suitable

precautions

 Means of cutting off

supplies

 Competence



 Etc

Pressure System Safety Regulations 2000





 Installation

 Operation



 Maintenance



 Covers autoclaves, etc



 Etc

Confined Spaces Regulations 1997





 Safe working

 Emergency arrangements



 Applies to work in crawl

spaces, etc

 Etc

Lifting Operations and Lifting Equipment

Regulations 1998



 Organisation of work

 Lifting equipment and

lifting persons

 Examination and

inspection of equipment

 Reports and defects



 Record keeping



 Etc

Control of Noise at Work Regulations 2005





 Risk assessment

 Avoidance or



minimisation of risk

 Exposure limits and action values



 Hearing protection



 Information, instruction and training



 Etc

Control of Asbestos Regulations 2006



 Licensing and notification

 Plans of work



 Information, instruction and

training

 Use of control measures



 Air monitoring



 Emergency planning



 Etc

Construction (Design and Management)

Regulations 2007 (CDM)



 General management duties in

respect of construction projects

 Includes designers, contractors,

sub-contractors and clients

 Includes construction, demolition

and excavation

 Requires planning for emergencies



 Etc

Fire (Scotland) Regulations 2006





 Fire risk assessment

 Risk reduction



 Fire alarms



 Means of escape



 Fire-fighting



 Training



 Maintain records



 Etc

Ionising Radiation Regulations 1999

 Risk assessment

 Risk and dose reduction



 Dosimetery and PPE



 Information and training



 RPA and RPSs



 Controlled and supervised areas



 Maintain records



 Emergency planning



 Etc

Other H&S-related

Laws

Health & Safety (Offences) Act 2008



 The Health & Safety (Offences) Act

2008 sets out penalties on summary

conviction, and penalties on

conviction on indictment, arising

from a range of offences under the

Health & Safety at Work etc Act

1974.

 The Act applies within



Scotland too.

Corporate Manslaughter and

Corporate Homicide Act 2007

 Creates a new offence in

criminal law of corporate

manslaughter and, in Scotland,

corporate homicide.

 Criminal charges may arise from

breach of a duty of care by

senior management of an

organisation which have

resulted in a person’s death.

Corporate Manslaughter and

Corporate Homicide Act 2007

 Prosecution under the Act must be based

on a gross breach of a relevant duty of

care that has resulted in a fatality, but

precisely what constitutes a gross breach

is a determination that must be made by

a jury.

 The first successful prosecutions



have resulted in very substantial

fines against employers.

Employers Liability

(Compulsory Insurance) Act 1969

 Ensures minimum cover

for claims for

compensation arising

from injury or illness

caused to an employee

arising from work.

 Etc.

Disability Discrimination Act 1995



 Service providers must make 'reasonable

adjustments' for disabled people, such as

providing extra help or making changes to

the way they provide their services.

 Since 2004, service providers may also have

to make other 'reasonable adjustments' in

relation to the physical features of their

premises to overcome physical barriers

to access.

 Etc.

Radioactive Substances Act 1993



 An Act of Parliament.

 Regulated in Scotland



by SEPA.

 Registration of use of



radioactive substances.

and equipment (e.g. X-ray machines).

 Authorisations to dispose of and

accumulate radioactive waste.

 Etc.

H&S Law

In Summary: Common Themes



 Risk assessment

 Risk elimination/minimisation



 Personal protection



 Competence



 Information, instruction and training



 Emergency planning



 Record keeping

Enforcement

Enforcement



Inspectors visit premises most

usually for one of two basic

reasons:

 Proactive (planned preventive)

inspections; or

 Reactive (usually to investigate,

e.g. in response to complaints or

RIDDOR reports).

Enforcement



HSE Inspectors can:

 Enter premises at any reasonable time (or at any

time at all where there is danger).

 Request a Police Constable to accompany him or

her where obstruction is anticipated.

 Take other people and equipment or materials

onto premises to assist in investigations.

 Carry out any examinations and investigations as

required.

 Require locations to be left undisturbed.

Enforcement



HSE Inspectors can also:

 Take measurements, photographs and recordings.

 Take samples of articles or substances.

 Require dismantling and/or testing of articles and

substances.

 Take possession of articles and substances for

examination and use as evidence.

 Take statements and copies of relevant documents.

 Require provision of facilities to assist enquiries.

 Do anything else necessary to enable their duties

to be carried out.

Enforcement



Powers of HSE Inspectors

Inspectors can:

 Issue advice (verbally or in writing).

 Issue an Improvement Notice.

 Issue an Prohibition Notice.

 Initiate a Prosecution (summary or indictment).

 Seize, render harmless or destroy any

article or substance considered to be a

cause of imminent danger or serious

injury.

Enforcement

Improvement Notice

 Issued under Section 21 of H&S@WA 1974 if

an Inspector is of the opinion that a person has

contravened one or more statutory provisions,

and that it is likely that the person will do so

again.

 The Improvement Notice will state the relevant

provisions, the reason for the Inspector’s

opinion, the remedial action required,

and the period within which it is to be

carried out.

Enforcement

Prohibition Notice

 Issued under Section 22 of H&S@WA 1974 if

an Inspector is of the opinion that a person or

people is at risk of serious injury from an

activity.

 The Improvement Notice will state the matters

giving rise to risk, any legal contraventions,

dictate cessation of the specified activities until

remedial action has been taken, and

when cessation should take place.

Enforcement

Appeals Against Enforcement Notices

 Must be made to an Employment Tribunal within

21 days of a notice being served.

 Grounds may include unrealistic timescales for

compliance.

 Outcome may be confirmation or cancellation of

the original Notice.

 Appeal against an Improvement Notice suspends

the Notice pending outcome of the appeal.

 Appeal against a Prohibition Notice does

not suspend the Notice pending outcome

of the appeal.

Enforcement

Scottish Environment Protection

Agency (SEPA)

 Regulates the disposal of radioactive

waste from ‘small user’ premises such as

hospitals, universities and research premises.

 Also regulates the keeping and use of radioactive

material by these small users.

 Has powers regarding inspection and enforcement

that are broadly similar to that of the

HSE.

 Works to The Radioactive Substances

Act 1993 etc.

Enforcement

Employment Tribunals

 Comprise a legally qualified Chair and two lay

members.

 Rules of evidence apply.

 Deals with appeals against Enforcement Notices.

 Hears cases regarding dismissal following alleged

breaches of health and safety

legislation.

 Appeals against Tribunal decisions

may be referred to a higher Court.

Penalties

Offence Summary On Indictment**

Conviction*

Sections 2-6 of H&S@WA £20,000 Unlimited fine



H&S Regulation and other £20,000 Unlimited fine

Sections of H&S@WA

Improvement Notice £20,000 and/or six months Unlimited fine and/or two

(Failure to Comply) imprisonment years imprisonment

Prohibition Notice £20,000 and/or six months Unlimited fine and/or two

(Failure to Comply) imprisonment years imprisonment

Order of the Court/ £20,000 and/or six months Unlimited fine and/or two

Breach of Court Order imprisonment years imprisonment



* A summary judgement is one delivered after being tried by a Judge

alone, usually for relatively minor offences.

** An indictment is one arising from a trial before a Jury, usually for

more serious offences.

HEALTH & SAFETY @ LITTLE FRANCE

HEALTH & SAFETY LAW



Problems and Questions

Refer any enquiries to the Little France

Buildings H&S Manager:

HEALTH & SAFETY @ LITTLE FRANCE

HEALTH & SAFETY LAW



Lindsay Murray

Health & Safety Manager,

The University of Edinburgh,

College of Medicine & Veterinary Medicine

(Chancellor’s Building, Medical School and

Queen’s Medical Research Institute),

Little France



Room SU215, Chancellor’s Building

Ext: 26390

lgm@staffmail.ed.ac.uk

HEALTH & SAFETY @ LITTLE FRANCE

HEALTH & SAFETY LAW





You have now completed this

on-line awareness package

summarising aspects of health

and safety law.







Thank you



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