健康与安全法
工作场所安全义务、HSE执行、RIDDOR和公司过失杀人。
简介
健康和安全立法对雇主施加保护工人和公众的义务。
In Brief
Under the Health and Safety at Work etc. Act 1974, employers must ensure, so far as reasonably practicable, the health, safety and welfare of all employees. The HSE enforces compliance through inspections, improvement notices, and prosecution. RIDDOR 2013 requires specified workplace incidents to be reported to the HSE within prescribed timeframes. Corporate manslaughter under the 2007 Act requires a gross breach by senior management.
核心原则
Employer's General Duty — Employers must ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees (s.2 HSWA 1974).
Duty to Non-Employees — Employers must conduct their undertaking so as not to expose non-employees to risks to health or safety (s.3 HSWA 1974).
Employee Duties — Employees must take reasonable care for their own health and safety and that of others, and cooperate with their employer (s.7 HSWA 1974).
Risk Assessment — The Management of Health and Safety at Work Regulations 1999 require employers to carry out suitable and sufficient risk assessments.
RIDDOR — The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 require employers to report certain workplace incidents to the HSE.
Corporate Manslaughter — The Corporate Manslaughter and Corporate Homicide Act 2007 creates an offence where a gross breach of a duty of care by senior management causes death.
Enforcement — HSE inspectors may issue improvement notices, prohibition notices, and prosecute offenders. Unlimited fines and imprisonment are available for serious breaches.
关键法规
Health and Safety at Work etc. Act 1974
重要判例
R v Chargot Ltd
[2008] UKHL 73
Edwards v National Coal Board
[1949] 1 KB 704
常见情景
Worker injured by faulty machinery
The employer has a duty to maintain equipment. The injured worker may claim personal injury compensation and the HSE may investigate and prosecute the employer for breaches of health and safety regulations.
Employee refuses unsafe work
An employee who reasonably believes there is serious and imminent danger may leave the workplace. They are protected from dismissal or detriment under the Employment Rights Act 1996 (s.44 and s.100).
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Frequently Asked Questions
What are an employer's main health and safety duties?
Employers must ensure, so far as is reasonably practicable, the health, safety, and welfare of all their employees (s.2 Health and Safety at Work etc. Act 1974). This includes providing safe premises, safe plant and equipment, safe systems of work, necessary information and training, and a safe working environment. Employers with 5 or more employees must have a written health and safety policy.
What is a RIDDOR report and when must one be filed?
RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) requires employers to report specified workplace incidents to the Health and Safety Executive (HSE): deaths, specified injuries (e.g. fractures, amputations, serious burns), over-7-day incapacitations, occupational diseases, and dangerous occurrences. Reports must be made to the HSE online or by phone within 10 days (3 days for over-7-day incapacitations).
What is corporate manslaughter?
Under the Corporate Manslaughter and Corporate Homicide Act 2007, an organisation is guilty of corporate manslaughter if a gross breach of a duty of care by the way the organisation's activities are managed causes a person's death, and the gross breach involves senior management. The organisation (not individual managers) is prosecuted. Penalties include unlimited fines and remedial orders.
Can an employee claim compensation for a workplace injury?
An employee injured at work can claim compensation in tort (employer's liability negligence or breach of statutory duty) or under employer's liability insurance (compulsory under the Employers' Liability (Compulsory Insurance) Act 1969). Limitation is 3 years from the date of injury or date of knowledge. RIDDOR reporting is separate from civil claims.
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