Summary of UK Accident at Work Regulations

ACCIDENTS AT WORK: A SUMMARY OF THE KEY REGULATIONS
Relates to
Common Law
At work

Duty holders
Employers

Duties

Comments

There is a common law duty of care on an employer to guard his employee against harm,
by exercising reasonable skill and care. There are three aspects of this duty:
 to provide competent staff i.e. to employ personnel who are trained or experienced
in the work they are to perform e.g.Hudson v Ridge Manufacturing Co Ltd 1957;
 to provide and maintain both premises and plant which ensure the safety of the
worker including premises not under the employer’s control;
 to provide a safe system of work i.e to guard against known and/or foreseeable
risks.

Health and Safety At Work Act 1974
At work

Employers








Duty of to ensure, so far as reasonably practicable, the health, safety and welfare at
work of all employees; also to prepare and revise as appropriate a written statement
of his general policy with respect to health and safety at work of his employees and
to bring it to employees’ notice (s2)
Duty to conduct his undertaking in such a way as to ensure, so far as reasonably
practicable, that persons not in his employment who may be affected are not thereby
exposed to risks to their health and safety [note no ref to welfare for non-employees]
e.g. R v Swan Hunter Shipbuilders [1982] (s3)
not to intentionally or recklessly interfere with or misuse anything provided in the
interests of health, safety and welfare: note duty for everyone (s8)
not to charge (no employer who is required by law to do things or provide things for
this employees is to levy or permit to be levied on any employee any charge in
respect of that matter) (s9)

Self-employed person



to conduct her undertaking in such a away so as to ensure, so far as reasonably
practicable, that she and other persons who may be affected are not thereby
exposed to risks to their health and safety (s3)

Person who designs, manufactures,
imports or supplies an article for
work



to ensure, so far as reasonably practicable, that the article is so designed and
constructed as to be safe and without risks to health when properly used; to carry
out testing and examination to satisfy this duty; to take reasonable steps to secure
the availability of adequate information as to its use and any conditions which are to
be observed to ensure that it will be safe and without risks to health (s6)

Employees



to take reasonable care of the health and safety of himself and others who might be
affected by his work (s7)

© Sarah Fox, Enjoy Legal Learning, March 2012. All rights reserved. Please contact the author for rights to copy, distribute or extract.

Under s15 the Secretary of
State is permitted to make
health and safety regulations
for the general purposes of the
Act. Under s16 The Health
and Safety Commission is
given power to approve and
issue codes of practice for the
purpose of providing practical
guidance (and under s17
failure to comply may be given
in evidence in any
proceedings under the Act).
S21 empowers an inspector to
issue an improvement notice
for a contravention of the law
or, under s22, a prohibition
notice where there is a risk of
serious injury.

Relates to
CDM Regulations 2007
Construction work (as
defined)
Construction sites ie
any place where
construction work is
being carried out or to
which workers have
access reg 3(4)

Duty holders

Client = anyone accepting services
of another for a project or carrying
out a project in the course of
business (reg 2(1))
Contractor = any person who in the
course of business carries out or
manages construction work (reg
2(1))
Also Designer, CDM Co-ordinator
Principal Contractor, Worker (all as
defined in reg 2(1))

Duties










Duty to appoint defined persons only if he has taken reasonable steps to ensure that
the person is competent, accept appointment if himself competent, subcontract to
competent persons (reg 4(1))
Duty to seek the co-operation of any other person concerned in any project involving
construction work at the same or adjoining site so far as necessary to enable him to
perform any duty or function under these regs (reg (5(1)(a)) and to co-operate with
any other person for the same reasons (reg 5(1)(b))
Duty to report to person whose control you are under anything which he is aware is
likely to endanger health or safety of self or others (reg 5(2))
Duty to co-ordinate activities which ensures so far as reasonably practicable the
health and safety of others (reg 6)
Duty on client to take reasonable steps to ensure that arrangements for managing
the project are suitable to ensure that the construction works can be carried out so
far as is reasonably practicable without risk to health and safety of any person (reg
9(1)) and to maintain/review such arrangements throughout the project (reg 9(2))
Duty on designers in preparing or modifying design to avoid foreseeable risks to the
health and safety of anyone coming in contact with the project (reg 11(3))
Duty on contractor to plan, manage and monitor construction work which ensures so
far as is reasonably practicable, it is carried out without risks to health and safety
(reg 13(3)) to provide information on planning minimum times to subcontractors
(13(3)) and to provide any information and training to workers needed for the work to
be carried out safely and without risk to health (13(4))

There are additional duties in Part 3 where projects are notifiable (ie over 45 man-days);
and Part 4 contains duties relating to the health and safety of construction sites eg:


1

Duty on the contractor to ensure that every place of work so far as is reasonably
practicable is made and kept safe for and without risks to health to any person at
work there (reg 26(2))

The six-pack refers to regulations passed under s47(2) Health and Safety at Work Act 1974 and implementing six Directives


Comments
Not one of the six-pack1
The Construction (Health,
Safety and Welfare)
Regulations 1996 previously
defined ‘construction site’
Reg 7 sets out that the duties
are subject to a general
principle of preventing harm.

Relates to
Duty holders
Work at Height Regulations 2005
Work at or below
ground level, where
persons could fall a
distance liable to
cause personal injury
(reg 2(1)) and holes in
workplace floor (reg
11)
Applies to work carried
out by employees and
any other person under
his control to the extent
of his control (reg 3(2))

Falling objects (reg 10)

Duty holders = employers and those
who have control (reg*)2
Duties cannot be delegated

Duties
Essentially risk assessment and inspection
 Duty to ensure work at height is properly planned, appropriately supervised, and
carried out in manner which so far as reasonably practicable is safe (reg 4)
 Duty to ensure no person is involved in activity in relation to work at height or
relevant work equipment unless competent or being trained and supervised by
competent person (reg 5)
 Duty to take into account the risk assessment from reg 3 Mgmt Regs (reg 6(1))
 Duty to ensure work is not carried out at height where it is reasonably practicable to
carry out the work safely otherwise than at height (reg 6(2))
 Duty to take suitable & sufficient measures to prevent, so far as rbly practicable, any
person falling from a distance liable to cause personal injury (reg 6(3))
 Duty to provide work equipment for preventing, so far as reasonably practicable, a
fall occurring (regs 6(4)(b) and 5(a))
 Duty to provide such additional training and measures to prevent, so far as is
reasonably practicable, any person falling a distance liable to cause personal injury
(reg 5(b))
 Duty to ensure no person at work passes across or near or works on, from or near a
fragile surface where it is reasonably practicable to carry out work safely & under
appropriate conditions without doing so3 (reg 9)
 Duty to ensure workplace equipped with devices to prevent persons entering places
where falls or falling objects are likely (reg 11)
 Duty to ensure that the surface and every parapet, permanent rail or other such fall
protection measure of every p[lace of work at height are checked on each occasion
before the place is used (reg 13)




2
3

Comments
Not one of the six-pack
See Work at Height
(Amendment) Regulations
2007 reg 14A for employee
caving and climbing events
Regulation 7 gives details of
what is required when
selecting equipment for work
at height.
Ladders are subject to
Schedule 5 requirements and
HSE Guidance in INDG401,
402 and 405.

Duty to take suitable and sufficient steps to prevent any person being struck by the
fall of any material or object (reg 10(1)). Where it is not reasonably practicable to
prevent a person being so struck then take suitable and sufficient steps to prevent
any person being struck by an object liable to cause personal injury (reg 10(2))
Duty to ensure no material or object is thrown or tipped from height in circumstances
where it is liable to cause injury to any person (reg 10(3)) and related duty in relation
to storage (reg 10(4))

Control: Tafa v Matsim, Gilling-Smith and Agora QBD (23/5/11).
If not the employer has to ensure suitable platforms, covering, guard rails or similar means of support or protection are available and to take suitable and sufficient measures to
minimise the distances and consequences of a fall (reg*). Employer also under a duty to ensure that there are prominent warning notices affixed to the approach to any fragile
surface.


Relates to
Duty holders
Management of Health and Safety at Work Regulations 1992 and 1999
Employees

Employer
Self-employed persons










Duties

Duty to make a suitable and sufficient assessment of risks to health and safety of
employees, persons under his control or as self-employed person, to which each
are exposed at work for the purpose of identifying the measures it needs to take to
comply with relevant statutory provisions (reg3(1) and 3(2)) and keep it under review
(reg 3(3))
Duties in relation to preventative measures (reg 5(1))
Duties to provide appropriate health surveillance (reg 6)
Duties to establish critical risk procedures (reg 8)
Duties to inform employees on risks and measures (reg 10)
Duties to take account of individual capabilities (reg 13(1))
Duties to train and repeat training (regs 13(2) and (3))

Note: the risk assessment should (Allison v London Underground [2008] CA) be a
‘blueprint for action’4

Comments
HSE guidance on what is a
‘suitable and sufficient risk
assessment’ requires:
 Reviewing all activities
undertaken by the orgn;
 Evaluating regulations,
standards and guidance
incl codes of practice5;
 Deciding actions required
to ensure adequate
control of risks
 Confirm risks are under
and identify actions
necessary for adequate
control
 Specify short term
measures to protect
employees

Provision and Use of Work Equipment 1998 (PUWER)
Work equipment= “any
machinery appliance
apparatus tool or
installation for use at
work (whether
exclusively or not)”
(reg 2(1))

4
5
6
7
8

9

Employer (reg 3(2))
Self-employed persons (reg 3(3)(a))
A person who has control of work
equipment, a person who uses,
supervises or manages the use of
work equipment or the way in which
works equipment is used at work
(reg 3(3)(b))6






Duty to ensure work equipment is so constructed or adapted to be suitable for the
purpose for which it is used or provided (reg 4(1))
Duty to ensure that work equipment is used only for operations for which and under
conditions for which it is suitable (reg 4(3))7
Duty to ensure work equipment8 is maintained in an efficient state, in efficient
working order and in good repair (reg 5(1))
Duty to ensure adequate training for the purposes of health and safety for users (reg
9(1)) and supervisors (reg 9(2))9

Suitable “means suitable in
any respect which it is
reasonably foreseeable will
affect the health or safety of
any person” (reg4(4)(a))
Excludes private vehicles

Other cases on risk assessment: Griffiths v Vauxhall Motors Ltd [2003] EWCA Civ 412, Allsop v Sheffield CC [2002] EWCA Civ 71 Ammah v Kuehne & Nagal [2009] EWCA Civ 11.
Ellis v Bristol City Council [2007] EWCA Civ 685.
Duty holder: Ball v Street (4/2/2205), Smith v Northamptonshire CC [2009] UKHL 27, Toner v George Morrison [2010] CSOH 125, Mason v Satelcom Ltd [2008] EWCA Civ 494.
Suitability: Robb v Salamis [2006] UKHL 56.
Work equipment: Hammond v the Commissioner for the Metropolis (2004), Spencer-Franks v Kellog Brown & Root Ltd [2008] UKHL 46, PRP Architects v Reid [2006] EWCA Civ
1119.
Training: Gower-Smith v Hampshire CC (27/6/08), Allison v London Underground cited above.


Relates to

Duty holders

Work equipment =
“any machine
apparatus tool or
installation used at
work” (Art 2(a)
directive 89/655/EEC)

Provided it is in connection with a
business (reg 3(4))
Provided equipment is not provided
by way of ale, agreement for sale, or
hire-purchase (reg 3(5))

Duties


Comments

Duty to ensure work equipment complies with health and safety regulations (reg 10)

Workplace (Health Safety and Welfare) Regulations 1992
Premises which are
not domestic premises
and which are made
available to any person
as a place of work (reg
2(1))

Anyone with control of non-domestic
premises (reg*)10






Duty to keep the premises and relevant equipment devices and systems in an
efficient state, in efficient working order and good repair11 (reg 5(1))
Duty to ensure that every floor in a workplace and the surface of every traffic route in
a workplace shall be of a construction such that the floor or surface is suitable for
the purpose for which it is used (reg 12(1)) 12
Duty, so far as is reasonably practicable, to keep every floor in a workplace free
from any substance which may cause a person to slip (reg 12(3)) 13
Duty to ensure windows and skylights capable of being opened can be opened
closed or adjusted without exposing persons to risks to health or safety (reg 15(1))
and so not in a position to expose anyone to such risk (reg 15(2))

Code of Practice 153 refers to
safe windows

Duty to ensure suitable personal protective equipment is provided to employees who
may be exposed to a risk to their health or safety while at work except where and to
the extent that such risk has been adequately controlled by other means which are
equally or more effective (reg 4(1))14
Duty to ensure that an assessment is made to determine whether the PPE intended
to be provided is suitable (reg 6(1)) 15
Duty on employer to take all reasonable steps to ensure that any PPE provided is
properly used (reg 10(1))
Employees: Duty to use PPE provided under Regs in accordance with any training

Regulation 4(3) explains what
is meant by suitable

Personal Protective Equipment (PPE) Regulations 1992
At work
PPE Is “all equipment
(including clothing
affording protection
against the weather)
which is intended to be
work or held by a
person at work and

10
11

12
13

14
15

Employer and self-employed
persons



..except where noted
& occasionally employees





Regulation 6(2) sets out the
content of the risks
assessment

Control: Ceva Logistics Ltd v Lynch [2011] EWCA Civ 188.
Ball v Street: Reg 5 duty is strict; efficient refers to health and safety so if a defect causes an injury then the machine was inefficient; foreseeability is irrelevant. See also Munro v
Aberdeen CC [2009] CSOH 129, Wallace v Glasgow CC [2011] CSIH 57.
Traffic route: Home Office v Lowles [2005] EWCA Civ 985
Slips and trips: Burgess v Plymouth CC [2005] EWCA Civ 1659, Anderson v Newham College [2002], Bassie v Merseyside FCDA [2005] EWCA Civ 1474, Eliis v Bristol CC cited
above.
PPE: Splatt v Lancashire CC (16/3/10), UEA v Spalding QBD (3/3/11)
Suitability of PPE: Threlfall v Hull CC [2010] EWCA Civ 1147.


Relates to

Duty holders

which protects him
against one or more
risks to his health or
safety” (reg 2(1))

Duties



Comments

in the use of the PPE and the instructions given (reg 10(2))
Self-employed: duty to make full and proper use of any PPR provided (reg 10(3))
Employees and self-employed: duty to return PPE to accommodation provided for it
after use (10(4))

Manual Handling Operations Regulations 1992
Employer




Duty so far as is reasonably practicable, to avoid the need for employees to
undertake any manual handling operations at work which involve a risk of them
being injured (reg 4(a))
Where unavoidable, to make a suitable and sufficient assessment of such manual
handling operations, to reduce the risk of injury as low as possible and to provide
employees undertaking manual handling with certain information about the loads
(reg 4(b))

Schedule 1 to the Regs show
factors to which the employer
must have regard and
questions he must consider
when making his assessment

Note defective equipment is covered by Workplace Regulations reg 5, PUWER reg 5 and PPE Regulations reg 7. Each regulation provides that the employer shall keep equipment “in an
efficient state, in efficient working order and in good repair” [see also Noise at Work Regulations 1989 reg 10, and COSHH 1998 reg 9]. This working first appeared in s152 Factories Act
1937 and Galashiels Gas Co Ltd v Miller [1949] a House of Lords case. Recent cases include: Stark v Post Office [2002] CA.


Summary of UK Accident at Work Regulations

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