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HSWA Main Sections for NEBOSH
    Certificate - Summary
                 By
       John Johnston AIIRSM
     www.healthandsafetytips.co.uk
Section 1
 To secure the health, safety and welfare of persons
  at work
 To protect other people from hazards arising from
  work
 To control the keeping and use of dangerous
  substances and materials, including explosives and
  highly flammable materials
 To control the emission of noxious substances
  from certain premises
Section 2 (1)

It shall be the duty of every employer to
  ensure, so far as is reasonably practicable,
  the health and safety and welfare at work of
  all his employees.
Section 2 – Part 2
 Provision and maintenance of safe plant and equipment
    and a safe system of work.
   Safe arrangements and absence of risks to health for
    storage, transport, handling and use of articles and
    substances
   Provision of adequate instruction, training, supervision and
    information necessary to ensure the health and safety at
    work of employees
   Provision and maintenance of a safe workplace including a
    safe means of access and egress
   Provision of a safe working environment and adequate
    welfare facilities and arrangements
Section 2 – Part 3

Provide a written statement of a safety
  policy
  – except where there are less than five employees
Section 2 - Parts 4, 5 & 6

Consult with trade union appointed safety
  representatives and elected representatives
  of employee safety
Section 2 – Part 7

Where requested in writing by at least two
  safety representatives, to set up a safety
  committee
Section 3
 Employers/Self employed duties to other
  persons:
 To conduct undertakings to ensure SFAIRP, that
  non employees who may be affected by the work
  activities are not exposed to the risk to their health
  and safety
 To provide to non employees who may be affected
  by work activities, information about the way in
  which he conducts his undertaking as might affect
  their health and safety
Section 4

Duties of controllers of premises to non-
 employees:
Duties of controllers of premises to persons
 other than their employees
To ensure SFAIRP, safe access to and
 egress from premises and provision of safe
 plant and substances provided for use
Section 6

Places duties on manufacturers, importers
  and suppliers of articles and substances to
  ensure SFAIRP that they are safe and
  without risk to health and safety
Section 7/8

 Employees' Duties:
 To take reasonable care of themselves and
  others who may be affected by their acts
  or omissions
 To co-operate with the employer on health
  and safety issues
 Not to interfere with or misuse equipment
  provided for health and safety reasons
Section 9

Imposes a duty on employers not to charge
 employees for provision of anything done
 or provided in pursuance of any specific
 requirements of the relevant statutory
 provisions
Section 21

Improvement Notice:
If there is a breach of statutory duty and a
  likelihood or continuation or repeat of the
  breach, an improvement notice may be
  served specifying actions required within a
  given time scale
Section 22

Prohibition Notice:
If there is an imminent risk to health and
  safety, a prohibition notice may be served
  which requires an operation to cease
  immediately. The notice must give the
  reasons for this action, and state that work
  may not continue until remedial action has
  been taken
Section 33: Offences

1. Summary Conviction
   a) £20,000 for breaches of Section 2 - 6 HSWA
   b) £20,000 and/or six months imprisonment for
      breaches of improvements or prohibition
      notices
   c) £5,000 For breaches of remaining sections of
      HSWA, subordinate regulations e.g. MHSWR
      '99 or any other relevant statutory provisions
Section 33

2. Indictment
 Unlimited fine
 In the following cases there may be up to
   two years imprisonment:
  a) Certain offences involving required licenses
  b) Certain offences involving explosives
  c) Contravention of an improvement or
     prohibition notice
Section 37

 Offences by Directors, Managers, Secretaries, etc.
 Where an offence committed by an organisation is
  proved to have been committed with the consent
  or connivance of, or attributable to any neglect by
  a Director, Manager, Secretary or similar officer
  of the organisation. He as well as the
  organisation shall be guilty of that offence and
  shall be liable to be preceded against.
HSWA Main Sections for NEBOSH
    Certificate - Summary
                       By
             John Johnston AIIRSM
      Thank you for viewing the presentation.
         www.healthandsafetytips.co.uk

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D Part 4 Hswa Revision Law

  • 1. HSWA Main Sections for NEBOSH Certificate - Summary By John Johnston AIIRSM www.healthandsafetytips.co.uk
  • 2. Section 1  To secure the health, safety and welfare of persons at work  To protect other people from hazards arising from work  To control the keeping and use of dangerous substances and materials, including explosives and highly flammable materials  To control the emission of noxious substances from certain premises
  • 3. Section 2 (1) It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health and safety and welfare at work of all his employees.
  • 4. Section 2 – Part 2  Provision and maintenance of safe plant and equipment and a safe system of work.  Safe arrangements and absence of risks to health for storage, transport, handling and use of articles and substances  Provision of adequate instruction, training, supervision and information necessary to ensure the health and safety at work of employees  Provision and maintenance of a safe workplace including a safe means of access and egress  Provision of a safe working environment and adequate welfare facilities and arrangements
  • 5. Section 2 – Part 3 Provide a written statement of a safety policy – except where there are less than five employees
  • 6. Section 2 - Parts 4, 5 & 6 Consult with trade union appointed safety representatives and elected representatives of employee safety
  • 7. Section 2 – Part 7 Where requested in writing by at least two safety representatives, to set up a safety committee
  • 8. Section 3  Employers/Self employed duties to other persons:  To conduct undertakings to ensure SFAIRP, that non employees who may be affected by the work activities are not exposed to the risk to their health and safety  To provide to non employees who may be affected by work activities, information about the way in which he conducts his undertaking as might affect their health and safety
  • 9. Section 4 Duties of controllers of premises to non- employees: Duties of controllers of premises to persons other than their employees To ensure SFAIRP, safe access to and egress from premises and provision of safe plant and substances provided for use
  • 10. Section 6 Places duties on manufacturers, importers and suppliers of articles and substances to ensure SFAIRP that they are safe and without risk to health and safety
  • 11. Section 7/8  Employees' Duties:  To take reasonable care of themselves and others who may be affected by their acts or omissions  To co-operate with the employer on health and safety issues  Not to interfere with or misuse equipment provided for health and safety reasons
  • 12. Section 9 Imposes a duty on employers not to charge employees for provision of anything done or provided in pursuance of any specific requirements of the relevant statutory provisions
  • 13. Section 21 Improvement Notice: If there is a breach of statutory duty and a likelihood or continuation or repeat of the breach, an improvement notice may be served specifying actions required within a given time scale
  • 14. Section 22 Prohibition Notice: If there is an imminent risk to health and safety, a prohibition notice may be served which requires an operation to cease immediately. The notice must give the reasons for this action, and state that work may not continue until remedial action has been taken
  • 15. Section 33: Offences 1. Summary Conviction a) £20,000 for breaches of Section 2 - 6 HSWA b) £20,000 and/or six months imprisonment for breaches of improvements or prohibition notices c) £5,000 For breaches of remaining sections of HSWA, subordinate regulations e.g. MHSWR '99 or any other relevant statutory provisions
  • 16. Section 33 2. Indictment  Unlimited fine  In the following cases there may be up to two years imprisonment: a) Certain offences involving required licenses b) Certain offences involving explosives c) Contravention of an improvement or prohibition notice
  • 17. Section 37  Offences by Directors, Managers, Secretaries, etc.  Where an offence committed by an organisation is proved to have been committed with the consent or connivance of, or attributable to any neglect by a Director, Manager, Secretary or similar officer of the organisation. He as well as the organisation shall be guilty of that offence and shall be liable to be preceded against.
  • 18. HSWA Main Sections for NEBOSH Certificate - Summary By John Johnston AIIRSM Thank you for viewing the presentation. www.healthandsafetytips.co.uk