Workplace (Health, Safety and Welfare) Regulations 1992

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The Workplace (Health, Safety and Welfare) Regulations 1992
United Kingdom Parliament
Citation: 1992 No. 3004
Primary legislation: Health and Safety at Work etc. Act 1974
Introduced by: Patrick McLoughlin Department of Employment
Territorial extent: United Kingdom, overseas[1]
Dates
Date made: 1 December 1992]]
Laid before Parliament: 8 December 1992
Came into force: 1 January 1996
Date revoked: —
Other legislation
Amendments: —
Related legislation: —
Revoking legislation: —
Status: Current legislation
Text of instrument as originally enacted
Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database
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The Workplace (Health, Safety and Welfare) Regulations 1992 is a United Kingdom Statutory Instrument that stipulates general requirements on accommodation standards for nearly all workplaces. The regulations implement European Union directive 89/654/EEC on minimum safety and health requirements for the workplace.[2]

Breach of the regulations by an employer, controller of work premises or occupier of a factory is a crime, punishable on summary conviction with a fine of up to £400. If convicted on indictment in the Crown Court, an offender can be sentenced to an unlimited fine.[3] Either an individual or a corporation can be punished[4] and sentencing practice is published by the Sentencing Guidelines Council.[5] Enforcement is the responsibility of the Health and Safety Executive or in some cases, local authorities.[6]

Where a person suffers damage caused by a breach of a duty imposed by regulations, they have a cause of action in tort against the offender.[7]

Contents

[edit] Premises to which regulations apply

The regulations apply to all workplaces save for ships, construction sites or mines and quarries. The regulations have limited application to temporary workplaces, transport and agriculture (reg.3). The regulations do not apply in respect of exceptions in the EU directive:[2]

The Secretary of State, as of 2008 the Secretary of State for Work and Pensions, may exempt premises on grounds of national security (reg.26).

[edit] Requirements

The regulations impose requirements with respect to:

  • Maintenance of premises (reg.5);
  • Ventilation of enclosed workplaces (reg.6);
  • Maintenance of a "reasonable" temperature indoors and the provision of thermometers (reg.7);
  • Lighting, including emergency lighting, with a presumption in favour of daylight (reg.8);
  • Cleanliness of the workplace, furniture, furnishings and fittings; the ease of cleaning of floors, walls and ceilings; and the prevention of accumulation of waste (reg.9);
  • Room dimensions and space in rooms unoccupied by persons, furniture, fittings or plant (reg.10, Sch.1/ Pt.I);
  • Workstations, including those outdoors, and the provision of suitable seats (reg.11);
  • The condition of floors (reg.12);
  • Routes for pedestrians or vehicles (regs.12, 17);
  • Protection from falling objects and from persons falling from a height or falling into a dangerous substance (reg.13);
  • Material or guarding of windows and other transparent or translucent walls, doors or gates and to them being easily visible (regulation 14);
  • The way in which windows, skylights or ventilators are opened and the position they are left in when open (reg.15);
  • The ability to clean windows and skylights (reg.16);
  • The construction of doors and gates, including the fitting of necessary safety devices (reg.18);
  • Escalators and moving walkways (regulation 19);
  • Sanitary conveniences (reg.20, Sch.1/ Pt.II);
  • Washing facilities (reg.21);
  • Supply of drinking water and of cups or other drinking vessels (reg.22);
  • Suitable storage for clothing and of facilities for changing clothing (regs.23, 24); and
  • Facilities for rest and for eating meals (reg.25).

[edit] References

  1. ^ Health and Safety at Work etc. Act 1974, s.84; reg.12
  2. ^ a b Office of Public Sector Information (1992). Workplace (Health, Safety and Welfare) Regulations 1992 - Explanatory Note. Retrieved on 2008-04-19.
  3. ^ Health and Safety at Work etc. Act 1974, ss.33(1)(c), 33(3)
  4. ^ Interpretation Act 1978, s.5
  5. ^ (K) Miscellaneous offences - Health and Safety offences. Guideline Judgements Case Compendium. Sentencing Guidelines Council (2005). Retrieved on 2008-03-08.
  6. ^ Health and Safety at Work etc. Act 1974, s.18
  7. ^ Health and Safety at Work etc. Act 1974, s.47

[edit] Bibliography