Health and safety regulations are made under the authority of the Health and Safety at Work etc Act 1974. The Act itself was a statute passed by parliament, whereas the regulations are known as ‘statutory instruments’. This means that they are not acts of parliament but can be made by a Minister under the authority of an act of parliament. Both acts and regulations are legally binding.
There are many health and safety regulations. The main regulations include the Management of Health and Safety at Work Regulations 1999, which impose a number of duties upon employers. These include the duty to carry out a risk assessment in certain circumstances and to implement any measures identified as necessary by such an assessment. There are also regulations designed to protect the safety of employees whose jobs involve manual handling, such as labourers and refuse collectors. Those who use display screens for work, such as secretaries, are protected by separate regulations. Regulations govern issues such as ventilation, heating, lighting, protective clothing, first aid, noise, electricity, and hazardous substances. Other regulations apply to specific industries where there may be special risks, such as the nuclear industry.
If an employer breaches a duty imposed by a regulation, this is known as a breach of statutory duty. The advantage to the employee of some statutory duties is that they impose strict liability on the employer. In other words, the employer may be in breach of a statutory duty even if he has taken reasonable care for the safety of the employee. If an employer is in breach of a statutory duty which imposes strict liability, there is no need to show fault on the part of the employer in order to recover damages. This means that it can be easier to succeed in a claim for breach of statutory duty than in a claim for negligence, as in negligence cases it is necessary to show that the employer was at fault.
For advice on the regulations that may apply in your case, and to find out more about whether your employer may be liable to you for breach of statutory duty, please contact one of the solicitors in our directory.