Workplace (Health, Safety and Welfare) Regulations 1992

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Text of instrument as originally enacted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

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 implemented European Union directive 89/654/EEC on minimum safety and health requirements for the workplace and repeal and supersede much of the Factories Act 1961 and Offices, Shops and Railway Premises Act 1963.[2]

Since 31st December 1995, all new and exsting workplaces have had to comply to these regulations.[3]

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.[4] Either an individual or a corporation can be punished[5] and sentencing practice is published by the Sentencing Guidelines Council.[6] Enforcement is the responsibility of the Health and Safety Executive (HSE) or in some cases, local authorities.[7]

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.[8]

The HSE publishes a code of practice on implementing the regulations. Though a breach of the code creates neither civil nor criminal liability in itself, it could be evidential as to either.[9] The regulations do not create duties to members of the public.[10]

Contents

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]

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

Requirements

The regulations impose requirements with respect to:

Northern Ireland

The provisions were simultaneously extended to Northern Ireland by the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993,[11] made under the Health and Safety at Work (Northern Ireland) Order 1978.[12]

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". http://www.opsi.gov.uk/SI/si1992/Uksi_19923004_en_5.htm#exnote. Retrieved 2008-04-19. 
  3. ^ ,"HR Services The Occupational Health and Safety Unit". http://www.uel.ac.uk/hs/workplaceHS1992.htm. 
  4. ^ Health and Safety at Work etc. Act 1974, ss.33(1)(c), 33(3)
  5. ^ Interpretation Act 1978, s.5
  6. ^ "(K) Miscellaneous offences - Health and Safety offences". Guideline Judgements Case Compendium. Sentencing Guidelines Council. 2005. http://www.sentencing-guidelines.gov.uk/guidelines/other/courtappeal/default.asp?T=Cases&catID=11&subject=HEALTH%20AND%20SAFETY%20OFFENCES. Retrieved 2008-03-08. 
  7. ^ Health and Safety at Work etc. Act 1974, s.18
  8. ^ Health and Safety at Work etc. Act 1974, s.47
  9. ^ HSE (2004)
  10. ^ Ricketts v. Torbay Council [2003] EWCA Civ 613
  11. ^ SR 1993/37
  12. ^ SI 1978/1039 (NI 9)

Bibliography