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Read through the material below, then test your understanding.
Module Lessons
Health and Safety and Industry Practices
Health and Safety Legislation Overview
Employer and Employee Duties
Risk Assessments
Method Statements & Permits
Identifying Hazards
Asbestos Awareness
Lead Safety
Personal Protective Equipment (PPE)
Respiratory and Hearing Protection
Manual Handling
Emergency Response & First Aid
Electrical Safety on Site
Safe Isolation of Electricity
Bottled Gases
Oxyacetylene Equipment
Fire Safety
Working at Height (Ladders)
Scaffolds and MEWPs
Excavations and Confined Spaces
Lesson Overview
The Health and Safety at Work etc. Act 1974 sets out statutory duties for both employers and employees to maintain site safety. Understanding these legal duties and the powers of enforcing inspectors is essential for every plumbing operative.
Learning Objectives
Identify employer responsibilities under Section 2 and Section 3 of the Health and Safety at Work etc. Act 1974.
Explain employee duties under Section 7 and Section 8, including safe conduct and equipment care.
Describe the enforcement powers of HSE inspectors and the distinction between Improvement and Prohibition Notices.
The Health and Safety at Work etc. Act 1974 (HASAWA)
The Health and Safety at Work etc. Act 1974 is the primary piece of legislation covering occupational health and safety across Great Britain. It acts as an enabling umbrella act, allowing the government to create and enforce more specific regulations. The Act applies to all work activities and covers employers, employees, and the self-employed.
Balancing the level of risk against the time, trouble, cost, and physical difficulty of taking measures to avoid or reduce that risk.
Employer Duties (Section 2 and Section 3)
Section 2 of HASAWA defines the general duties of employers towards their employees. Employers must ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all staff. This involves maintaining safe plant and systems of work, providing safe arrangements for the handling, transport, and storage of articles and substances, providing adequate training, instruction, and supervision, and maintaining safe access, egress, and welfare facilities.
British Standard / Regulation
Under Section 2 of HASAWA, any business employing five or more people must have a written health and safety policy. This document must be regularly reviewed, revised when necessary, and brought to the attention of all employees.
Section 3 of HASAWA places duties on employers and the self-employed to conduct their work in such a way that people not in their employment are not exposed to risks to their health or safety. This protects visitors, other contractors, and members of the public. Employers must also provide these parties with relevant safety information.
Employee Duties (Section 7 and Section 8)
Section 7 sets out the duties of employees while at work. Every worker must take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions. Employees are also legally required to co-operate with their employer so that statutory safety duties can be fulfilled.
Things you do (acts) or things you fail to do (omissions) that could create a danger to yourself or others.
Section 8 of HASAWA is often called the horseplay section. It states that no person shall intentionally or recklessly interfere with, or misuse, anything provided in the interests of health, safety, or welfare. Fooling around with safety devices, removing machine guards, or letting off a fire extinguisher for fun are direct breaches of Section 8.
Exam Tip
Exam questions often test these four specific sections: Section 2 covers employer duties to staff; Section 3 covers duties to non-employees and the public; Section 7 covers employee duties of care and co-operation; Section 8 forbids horseplay and tampering with safety equipment.
Duties Under PUWER and PPE Regulations
Specific statutory instruments build upon HASAWA to enforce specific working duties. The Provision and Use of Work Equipment Regulations (PUWER) and the Personal Protective Equipment at Work Regulations (PPE) divide responsibilities between the employer and the operative.
| Safety Area | Employer Responsibilities | Employee Responsibilities |
|---|---|---|
| General Safety (HASAWA) | Provide safe systems, training, welfare, and a written policy if employing 5 or more staff. | Take reasonable care of self and others; co-operate with employers; avoid horseplay. |
| Work Equipment (PUWER) | Provide equipment that is fit for purpose, properly maintained, guarded, and inspected regularly. | Use equipment only for its intended purpose; carry out user checks; report all defects immediately. |
| Personal Protection (PPE) | Assess risks; provide suitable PPE free of charge; train employees in its correct use. | Wear supplied PPE correctly at all times; store it properly; report damage or loss promptly. |
Enforcing Authorities and Inspector Powers
Health and safety legislation is enforced by health and safety inspectors from the Health and Safety Executive (HSE) and local authorities, working in partnership under HELA. Inspectors hold wide legal powers to ensure workplace compliance.
- Enter any premises at any reasonable time without giving prior notice.
- Examine places of work, systems, plant, and any associated documents or records.
- Take photographs, samples of substances, and measurements.
- Interview workers and take signed statements.
- Issue enforcement notices or initiate criminal prosecution.
A chart comparing the visual differences and severity levels of an HSE Improvement Notice and an HSE Prohibition Notice.
Enforcement Actions
If an inspector finds a breach of health and safety law, they choose a course of action based on the severity of the risk. There are four main levels of enforcement action.
| Action Type | Reason for Action | Legal Requirement and Timescale |
|---|---|---|
| Informal Action | Minor or small breach of regulations. | Inspector offers verbal or written advice on how to comply with the law. |
| Improvement Notice | Clear breach of the law that needs formal rectification. | Specifies remedial action with a minimum of 21 days to comply, allowing time to appeal to an industrial tribunal. |
| Prohibition Notice | Activity involves a risk of serious personal injury. | Halts the dangerous activity immediately or after a set period until corrective measures are taken. |
| Prosecution | Severe breach or failure to obey statutory notices. | Can lead to fines of up to £20,000 or six months imprisonment in magistrates court, or unlimited fines in Crown Court. |
Safety Hazard
A Prohibition Notice halts work with immediate effect. It remains in place until the dangerous condition has been corrected and verified. Continuing work while under a Prohibition Notice is an offence subject to criminal prosecution.
Key Takeaways
Employers must maintain safe systems of work, provide welfare, and produce a written health and safety policy if employing five or more staff.
Section 7 requires workers to take reasonable care of themselves and others, whilst Section 8 forbids horseplay and tampering with safety equipment.
Employers must provide suitable PPE free of charge, and employees must wear, store, and report defects on all protective equipment.
HSE inspectors can enter sites without notice; an Improvement Notice allows at least 21 days for action, whereas a Prohibition Notice halts work immediately.
Next Steps
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