The Management of Health and Safety at Work Regulations 1992

Amended by

Duty holders

Principally employers and the self-employed, although employees have some duties.

People/process assessed

Employees and the self-employed at work; others facing risks arising from the employer's or the self-employed person's undertaking; and specifically women of childbearing age and young people. The ACoP does not give examples of risk assessments, but the HSE has issued guidance.²

Purpose of assessment

To identify significant risks to health and safety and measures needed to comply with the relevant statutory provisions. These measures include having arrangements in place to cover health and safety, including planning, organisation, control and monitoring and review functions; and procedures for workers to follow in workplace situations that present serious or imminent danger.

Qualification of duty

The risk assessment must be "suitable and sufficient" - it must identify significant risks arising out of the work, but should be appropriate for the nature of the work, eg it will be straightforward in a typical office and will only be complicated in workplaces presenting serious hazards, such as chemical plants. It should also enable risk-control measures to be identified and prioritised, and it should remain valid for a reasonable time.

Timing of assessments

Should have occurred in 1993 for existing workplaces and immediately for new workplaces, and also when: there is significant change; there is reason to suspect it is no longer valid; and when employing a young person or woman of childbearing age.

Records to be kept

Where there are five or more employees the significant findings should be recorded along with health and safety arrangements, details of competent persons, and any group of employees especially at risk, eg new or expectant mothers or young persons.

Information provision for employees

Employers must provide information to their own employees on risks identified by the assessment; preventive and protective measures; procedures in the event of serious or imminent danger; competent persons for the purposes of evacuation; and risks notified by other employers. Employers must provide employees on fixed-term contracts with information on any special occupational qualifications or skills needed to work safely; and any health surveillance required.

Information provision for other employees

Employers/the self-employed must tell other employees about health and safety risks arising from their undertaking and identity of competent person for the purpose of evacuation. Those working in an employment business must be provided with information on any special occupational qualifications or skills needed to work safely and any health surveillance required.

Information provision for other employers/self-employed/others

Employers and the self-employed must tell other employers, the self-employed and others (including the parents of employed children) about risks to: health and safety arising from their undertaking; control measures; identity of competent person for the purpose of evacuation; any special occupational qualifications or skills needed to work safely; and specific features of jobs in relation to safety.

Training/instruction for employees

Employer must provide adequate health and safety training at time of recruitment on: being exposed to new/increased risks, eg on transfer/change of responsibilities; new work equipment; new technology; or a new system of work.

Training/instruction for specified employees/others

Employers must provide training/instruction for employees to enable implementation of the evacuation procedures; and for employees who have access to restricted areas.

Health surveillance

Employers will provide employees with health surveillance where risk assessment indicates that this is appropriate or where specific need is identified by other relevant statutory provisions.

Assistance from competent persons

Employers must have access to competent help when applying the provisions of the Regulations, particularly in relation to protective measures, unless they are competent to undertake measures without assistance. A competent person has knowledge and understanding of the work involved and health and safety principles and practice, together with the ability to apply that knowledge. The degree of competence required will need to reflect the hazards in the work being undertaken.

Consultation with safety representatives

Employers must consult safety reps in good time on the introduction of workplace measures with substantial health and safety implications; nominating competent persons; information that must be provided to employees by statutory provision; the planning and organisation of safety training; and introduction of new technology.

Employee's duties

To use all work items provided in accordance with training and instruction; to inform the employer of any situation considered to be an imminent or serious danger; to inform the employer of any shortcomings, generally, in health and safety arrangements.

Civil liability

No, except where employers are required to assess risks to new or expectant mothers and young persons.

1993/94

1994/95

1995/96

1996/97

1997/98⁴

Improvement notice requirements

578

809

850

1,240

721

Deferred prohibition notice requirements

6

3

2

17

2

Immediate prohibition notice requirements

24

68

91

88

83

As % of all requirements in notices served under specific Regulations⁵

7.6%

9.7%

12.6%

11.2%

8.5%

Informations laid

7

29

43

40

85

Convictions

7

24

31

28

57

Informations withdrawn

4

8

5

20

Informations dismissed

4

7

7

% of all HSE convictions⁶

0.5%

1.6%

2.1%

2.3%

4.5%

Average penalty per MHSW conviction

£2,523

£1,619

£2,892

£1,909

£3,349

Average penalty per all convictions

£3,103

£2,873

£2,572

£5,274

£4,785

Average penalty per conviction, excluding fines of £100,000 or greater

£2,447

£2,677

£2,572

£3,113

£3,886

Source: HSC/E.