Construction Health and Safety

HEALTH AND SAFETY

AT WORK etc. ACT 1974
and associated Regulations and Approved Codes of Practice

Section 0

0 – 1
 NOTE:
Whilst every care has been taken to ensure accuracy within
this work, no liability whatsoever is accepted by “Construction
Health and Safety”, its sponsoring organisations and their
advisers in respect of the information given.

No material from this book can be reproduced in any shape

or form without written permission from the publishers.

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 Health and Safety at Work etc. Act 1974

Preface
This is a general guide, for the information of the
construction industry, to the main provisions of the
Health and Safety at Work etc. Act 1974. It does not
purport to be either a comprehensive or a precise
interpretation of the Act.
For the convenience of readers who may wish to
refer to the Act, some of the more important section
numbers are quoted against the relevant
paragraphs.

INTRODUCTION
The Health and Safety at Work etc. Act 1974
implemented, many of the recommendations of the Robens
Committee on Safety and Health at Work. The Act consists of
four main parts and nine associated schedules.
Part I contains the provisions relating to health, safety and
welfare at work.
Part II concerns the Employment Medical Advisory
Service.
Part III modifies the law relating to building regulations
under the Public Health Act 1936. It is not relevant to the
remainder of HASWA and is not dealt with in this manual.
Part IV contains a number of miscellaneous and general
provisions.
The principal schedules are Schedule I which effectively
continues in force certain existing enactments, and Schedule
3 which lists topics that may form the subject matter of future
regulations.
Most of the sections of Parts I, II and IV of the Act have
been in effect since April 1, 1975. However, some require
regulations to be made to activate them. This is indicated by
such phrases as “Regulations made by the Secretary of State
may provide for . . .’’ or ‘’In prescribed cases . . .’’ For
example, under General duties Section 2, sub-Sections (4),
(6) and (7) were not effective until the coming into force of
the Safety Representatives and Safety Committees
Regulations on October 1, 1978.
The Act applies to England and Wales and, except for
most of Part III, to Scotland. Separate, similar, legislation
applies to Northern Ireland and other parts of the U.K.
Section 84 Orders in Council may extend requirements
of Parts I, II and IV outside Great Britain.
For example, the Health and Safety at Work etc. Act
1974 (Application outside Great Britain) Order 1995
applies, most of Part II and three sections of Part IV of the
Act to offshore installations and pipelines within territorial
waters and areas designated under the Continental Shelf
Act 1964. Work in connection with offshore installations
such as construction, reconstruction, alteration, repair,
maintenance, cleaning, demolition and dismantling is
also covered. Additionally the Order applies the same
sections of the Act to construction work, diving operations
and other activities to do with vessels within territorial
waters, and to mines extending under the sea within or
beyond territorial waters.
The Offshore Safety Act 1992 brought all offshore
activities within the scope of the Act from 6 March 1992,
all existing offshore safety legislation becoming “existing
statutory provisions’’.

Section 53 This Section is important in that it sets out a

list of words and phrases used throughout
Part I, with interpretations of their meaning within the Act.

APPLICATION
All persons at work whether employers, employees or
self-employed are covered with the exception of domestic
servants in private dwellings.
The legislation protects not only people at work, but also the
general public where their health or safety may be affected
by the work being done.
The Employment Protection Act 1975 repealed those
sections of HASWA (Sections 29 to 32 and others) which
exclude agriculture from the responsibilities of the Health
and Safety Executive. The Act now applies to agriculture in
the same way as it applies to other industries.
PART I
Part I of the Act aims to:
(a) secure the health, safety and welfare of people at work;
(b) protect other people from risks arising out of work
activities;
(c) control the keeping and use of explosive, highly
flammable and dangerous substances;
by
progressively replacing the existing relevant statutory
provisions with a system of regulations and codes of
practice designed to maintain or improve existing
standards of health, safety and welfare.

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HEALTH AND SAFETY COMMISSION
Section 10 The Health and Safety Commission has
been established as the national authority
for all health and safety at work matters. It consists of a
part-time chairman and between six and nine part-time
members representing employer, employee, local
authority and other interests.
The Commission is the policy-making body
responsible to the Secretary of State for making
arrangements to implement the enabling measures
contained within the Act.
Section 11 Particular duties of the Commission in-
clude making arrangements for research to
be carried out and the results published, and training and
information to be provided, also arranging that persons
and organisations concerned with health and safety at
work are provided with an information and advisory
service. It has also to make proposals to the Secretary of
State for such regulations as it considers appropriate,
and
Section 14 has the power to direct the Executive or
others to investigate accidents or dangerous
occurrences, and to make reports.
To advise the Commission on the special problems
and requirements of the construction industry a
committee – the Construction Industry Advisory
Committee – has been set up. Membership consists of
representatives of the employer organisations and the
trade unions involved in the industry. The chairman and
the secretariat are provided by the Health and Safety
Executive.
HEALTH AND SAFETY EXECUTIVE
The Health and Safety Executive is co-ordinated by a
Director General and two other members appointed by
the Commission. It is the executive wing of the
Commission and acts in accordance with directions and
guidance given by the Commission. HSE inspectorates
are the main enforcing authorities for legislation on
health and safety at work.
In certain premises, enforcement duties are
undertaken by local authority inspectors under the
guidance of the Commission.
The table (page 0 – 12) lists the 18 regional offices
of the HSE and the local authority areas which they
cover. In addition to construction inspectors in each
regional office, the Construction Sector is based in the
London South East Region office and is responsible for
co-ordinating the activities of all construction inspectors
in the field. The Construction Sector acts as the main link
between the construction industry and the various
sections of the HSE, and also provides the chairman and
secretary of the Construction Industry Advisory
Committee. Inspectors specialising in construction are
based in HSE headquarters in Bootle as well as in
Regional Support Group offices.
Health & Safety Commission/Health & Safety
Executive Merger
To improve governance arrangements, the Health &
Safety Commission and the Health & Safety Executive
agreed to merge into a new unitary body bringing
together their powers and functions, and retaining the
name ‘Health & Safety Executive’. The relevant sections
of the Health & Safety at Work Act have not been
amended but a new authorisation instrument has been
drawn up and is now effective.
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HEALTH AND SAFETY REGULATIONS
The Act is supported by regulations and approved
codes of practice which are gradually replacing existing
statutory provisions (see Schedule 1 page 0 – 10).
Section 11 The Commission has a duty to propose to
Section 15 the Secretary of State health and safety
regulations which it considers to be
appropriate, in accordance with the list contained in
Schedule 3 of the Act.
The Commission must, however, consult beforehand
with appropriate interested bodies. This it does by issuing
consultative documents (or in some cases discussion
documents) seeking comment on the proposals. The
Commission additionally seeks guidance from industry
advisory committees such as the Construction Industry
Advisory Committee.
APPROVED CODES OF PRACTICE
Section 16 Where it is necessary to provide practical
guidance on the requirements contained in
Sections 2 to 7 of the Act, or on health and safety
regulations, or any of the existing statutory provisions, the
Commission has the power to approve and issue
codes of practice. It may also approve codes
issued by other bodies (for example, industry advisory
committees, the British Standards Institution etc.). As
in the case of regulations, consultations with interested
bodies must take place before codes of practice are
approved.
Section 17 Approved codes of practice have a special
status in a court of law. They are not
statutory requirements in themselves but may be used in
criminal proceedings as evidence that statutory
requirements have been contravened. If a prosecution for
an infringement of a regulation takes place and there is
an appropriate approved code of practice linked with
that regulation, it will be for the accused organisation or
person to show that the provisions of the code were
observed, or that what was done was equally effective or
better than that recommended by the code.
GENERAL DUTIES
Sections 2-9 Specific processes or activities are governed
by regulations and approved codes of
practice, but the overriding general principles of the Act
apply wherever people work. These general principles
and duties are spelled out as follows.
General duties of employers to their
employees
Section 2(2) Employers have a duty to ensure the health,
safety and welfare at work of their
employees, particularly by:
(a) providing and maintaining machinery, equipment
etc. and systems of work that are safe and without
risks to health;
(b) arranging safe and healthy systems of use,
handling, storage and transport of machinery,
equipment or appliances and solid, liquid or
gaseous natural or artificial substances;
(c) providing whatever information, instruction, training
and supervision is necessary to ensure health and
safety at work;
June 2009
 (d) maintaining any workplace under their control in a
safe and healthy condition and;
providing and maintaining means of access to and
from the workplace that are safe and without risks to
health;
(e) providing and maintaining working environments
which are safe, without risks to health and have
adequate facilities and arrangements for the welfare
of employees whilst at work.
Each of the above duties is qualified by the legal term
“so far as is reasonably practicable”.
The general interpretation of this phrase is that the cost
of measures necessary to avert a risk (whether in time,
money or trouble) may be assessed against the degree of
risk. At the extremes, an employer will be considered to
have discharged his duty if he can show that the risk was
very remote and could only have been averted at an
unreasonably high cost; where the risk is high, measures
may need to be taken regardless of cost.
It must be pointed out, however, that in any
criminal proceedings under the Act the onus
is placed by Section 40 on the accused to prove that it
was not reasonably practicable to do more than was in
fact done to satisfy a duty or requirement.
Section 2(3) All employers (except those with less than
five employees – see “References”) must
prepare and bring to the notice of all employees a written
statement of their general policy with respect to the health
and safety at work of their employees. The policy
statement, which must be revised as often as necessary,
also has to set out the organisation and arrangements for
carrying out the policy which are currently being
operated at the workplace.
Guidance on the factors to be considered when
preparing an effective safety policy is given on pages 1-
3 to 1-10.
Section 2(4), 2(6) and 2(7) These sections of the Act
are concerned with the appointment of safety
representatives by recognised Trade Unions, consultations
between safety representatives and their employers and the
establishment of safety committees. Regulations have
broadened this area of consultation to include non-union
employees. See Section 0A for further details.
General duties of employers and
self-employed to persons other than their
employees
Section 3 Employers have a duty to carry out their
work in such a way that persons not in their
employment who may be affected by it are not exposed
to risk to their health or safety. This Section provides
protection to anyone (including members of the general
public) who might be affected by work activities as well
as to the employees of other employers concerned with
the work.
In a similar way the self-employed person must carry
out his work in such a way that he does not create for
himself, or any other person, risks to health and safety. As
in Section 2, the duties are qualified by the phrase “so far
as is reasonably practicable”.
Section 3 also indicates that regulations may be made
requiring employers and self-employed persons to give to
people (not their employees) who may be affected,
information about such aspects of the way work is being
carried out as might affect their health or safety (see
Section OB).
December 2002
General duties of persons concerned with
premises to persons other than their
employees
Section 4 Duties are imposed on those who have to
any extent control over non-domestic
premises which are used by people (not their employees)
as a place of work or as a place where they may use
machinery, equipment etc. or substances which have
been provided for their use.
The person having any control over the premises, the
means of access, or of any plant or substance in the
premises, has a duty to ensure that so far as reasonably
practicable, they are safe and without risks to health.
Any person who has, through a contract or tenancy,
an obligation of any extent in relation to maintenance or
repair of the premises or the means of access, or for
guarding against hazards from the plant or substances
there, will be regarded as the person who has control of
the premises, and who has the above duty to the extent of
his obligations (see Section OB).
General duties of manufacturers etc. as
regards articles and substances for use at
work
Section 6 Section 6 (1) places duties on designers,
manufacturers and suppliers of articles
(plant, tools and, equipment, etc), for use at work and of
fairground equipment to:-
(a) ensure, so far as is reasonably practicable, that the
article has been designed and manufactured in such
a way that it is safe and without risk to health whilst
being either set, used, cleaned or maintained,
(b) make arrangements for any testing and
examinations which may be necessary to satisfy the
requirements of (a) above,
(c) arrange for the supply to users of adequate
information on the proper use of the article and on
any conditions to be observed to ensure that there is
no risk from it, both under the circumstances referred
to in (a) above, or during dismantling and disposal,
(d) make arrangements to ensure, so far as is
reasonably practicable, that the information
provided in accordance with (c) above, is updated
in the light of new knowledge or experience and
passed to existing users.
Section 6(4) places duties, similar to the above, on
manufacturers, importers and suppliers of
substances for use at work to ensure, so far as is
practicable, that the substance will be safe and without
risks to health at all times and to ensure the provision of
adequate and up to date information.
Section 6(2), 6(5) and 6(6) require designers and
manufacturers of articles and substances to
carry out, or have carried out for them, research to
ensure the discovery and so far as is reasonably
practicable, the elimination or minimisation of any risk
from the article or substance. Section 6 (6) states that
such research carried out by others, does not have to be
repeated, provided the results are considered reliable.
Section 6(3) requires anyone erecting or installing an
article for use at work to ensure, so far as is
reasonably practicable, that it is erected or installed in
such a way that it will be safe and without health risk to
the user.
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Under Section 6 (8) where a user of an article gives a
written undertaking to take specific steps to ensure, so far as
is reasonably practicable, that the articles will be safe and
without risk to health, the designer, manufacturer, importer
or supplier is relieved of his duties under Section 6 (1) (a).
Under Section 6 (10) the duty to ensure that an article or
substance is safe and without risks to health, extends only
to foreseeable risks, all of which should be covered in the
information supplied to the user.
General duties of employees at work
Section 7 Employees’ duties are two-fold:
(a) the employee must take reasonable care for the
health and safety of himself and others who may be
affected by his actions or omissions at work;
(b) he must co-operate with his employer or anyone else
where co-operation is necessary to enable them to
comply with their statutory duties.
Duty not to interfere with or misuse things
provided pursuant to certain provisions
Section 8 Everyone is placed under a duty not to
misuse anything provided under a statutory
requirement in the interests of health or safety at work.
Duty not to charge employees for things
done or provided pursuant to certain
specific requirements
Section 9 An employer is not allowed to charge his
employees for anything done or provided
for health or safety purposes to comply with a specific
statutory requirement eg the provision where required of
safety footwear and safety helmets, training etc.
ENFORCEMENT
Section 18 Inspectors of the Health and Safety
Executive are responsible for enforcing the
requirements of HASWA, and regulations made under it
except where the Secretary of State provides otherwise.
The Health and Safety (Enforcing Authority) Regulations
1998 determine whether the local authority will be the
enforcing authority. Most construction work remains under
the control of the Health and Safety Executive. The text in
OC-20 describes the circumstances in which the
Construction (Design & Management) Regulations 2007
will apply.
Powers of inspectors
Section 20 An inspector appointed with all the powers
specified under Section 20 has very wide
powers of entry to carry out examinations and
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investigations, and may require that premises, and
anything contained therein, be left undisturbed long
enough for the completion of investigations.
Measurements, photographs, recordings and samples
may be taken. The inspector may take possession of or
order plant and equipment to be dismantled or
substances tested if he considers them to be likely to
cause danger to health or safety.
An inspector has a right to ask any person for
information, to ask questions relevant to the investigations
taking place, and to require that person to sign a
declaration of the truth of the answer given though,
under Section 20 (7), such answers cannot be used in
evidence against him. The production of books and
documents required by the Act or appropriate
Regulations can be demanded by the inspector for
inspection and copying.
Section 25 If the inspector considers that plant,
equipment or substances could cause
immediate serious personal injury he may seize and
cause it to be rendered harmless or destroyed.
Section 28(8) For the purpose of enabling employed
persons to be adequately informed about
matters affecting their health, safety and welfare, an
inspector has a duty to give them or their representatives:
(a) factual information concerning their work or
workplace;
(b) information about any action he has taken or
proposes to take.
Where safety representatives have been appointed
they will be the people to whom the inspector will give
the information. He must also give the same information
to the employer.
Improvement and prohibition notices
Section 21 If an inspector is of the opinion that there is
a contravention of one or more of the
relevant statutory provisions (see p 0-10), he may issue an
improvement notice requiring the responsible person
(organisation or individual) to take the necessary action to
remedy the contravention within a specified period.
Section 22 If activities are being or are likely to be
carried on which, in the opinion of the
inspector, are likely to involve a risk of serious personal
injury, he may issue a prohibition notice. This notice
specifies the cause of the risk, gives details of any
contraventions of statutory provisions and prevents the
activities being carried out until remedial action has been
taken. The prohibition notice may be ‘‘immediate” or
may be ‘‘deferred” by coming into effect at the end of a
specific period.
Section 23 In the case of both notices, the inspector
may (but need not), give directions about
the action to be taken to remedy the cause of the risk or
the contravention. If this is done, the directions will be
included in a schedule attached to the notice.
Where an improvement notice or a prohibition notice
is not to take immediate effect, an inspector may withdraw
the notice or extend the period before it comes into force.
Section 24 An appeal may be made to an industrial
tribunal against the terms of an improvement
or prohibition notice. The appeal must be lodged within
21 days from the issue of the notice.
June 2007
 In the case of an improvement notice, the lodging of
an appeal automatically suspends the notice until the
tribunal has announced its decision.
With a prohibition notice, the prohibition stays in
effect (unless the tribunal directs otherwise at a
preliminary hearing) until the tribunal makes its final
decision.
OFFENCES
Section 33 Employers, employees, the self-employed
as amended and anyone with duties under this Act, or the
by the relevant statutory provisions, commit an
Health and offence if they fail to discharge those duties.
Safety They render themselves liable to prosecution
(Offences) in a Magistrate’s court, or Sheriff’s court in
Act 2008 Scotland.
Breaches of the Act, or of relevant statutory
provisions, can give rise to prosecution in a higher court
as an indictable offence. Magistrates may also commit
individuals or companies to a higher court for
sentencing if, after a guilty verdict, they consider the
penalties available to them are inadequate.
The Health and Safety (Offences) Act came into force
in January 2009 (covering Great Britain and Northern
Ireland).
The Act amends Section 33 of the Health and Safety
at Work etc Act 1974, and raises the maximum
penalties available to the courts in respect of certain
health and safety offences. The Act does not impose any
new duties. In summary, the effect of the Act is to:
(a) raise the maximum fine which may be imposed in the
lower courts to £20,000 for most health and safety
offences although the unlimited fines in the higher
courts are not affected;
June 2009
(b) make imprisonment an option for more health and
safety offences in both the lower and higher courts.
This could apply to any employee who fails to take
reasonable care for the health and safety of
him/herself or of others. It could also apply to any
director or senior manager where the company
commits a health and safety offence with his/her
consent or connivance or due to his/her neglect. The
maximum term of imprisoment is two years;
(c) make most offences triable in either the lower or
higher courts.
Offences due to fault of other person
Section 36 If an offence against the requirements of this
Act, or against any of the relevant statutory
provisions, is committed by a person and the offence was
due to the fault of someone else Section 36 provides for
that other person to be charged and convicted of the
offence whether or not the original person is prosecuted.
Offences by bodies corporate
Section 37 If it is proved that an offence by a corporate
body was committed with the consent or
connivance of, or was attributable to neglect on the part of,
a director, manager, secretary or similar officer, that person
as well as the corporate body can be prosecuted. In this
context, the word “manager” has been held to mean only a
person who decides corporate policy and strategy.
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 Health and Safety Executive Health and Safety Executive
Health and Safety at Work etc Act 1974, Sections 21, 23 and 24 Health and Safety at Work etc Act 1974, Sections 22, 23 and 24

0 – 8
Improvement notice Prohibition notice
Name Name
Address Address
Trading as* Trading as*
Inspector’s full name I, Inspector’s full name I,
Inspector’s official one of Her Majesty’s Inspectors of Inspector’s official one of Her Majesty’s Inspectors of
designation Being an Inspector appointed by an instrument in writing designation Being an Inspector appointed by an instrument in writing made
made pursuant to section 19 of the said Act and entitled to pursuant to section 19 of the said Act and entitled to issue this notice
issue this notice
Official address of
Official address of
Telephone number
Telephone number
hereby give you notice that I am of the opinion that the following
hereby give you notice that I am of the opinion that activities namely:

Location of premises at which are being carried on by you/likely to be carried on by

or place of activity Location of premises
you/under your control* at
or place of activity
you, as an employer/a self employed person/a person wholly
or partly in control of the premises/other* involve, or will involve, a risk of serious personal injury, and that the
are contravening/have contravened in circumstances that matters which give rise/will give rise* to the said risk(s) are:
make it likely that the contravention will continue or to be and that the said matters involve/will involve* contravention of the
repeated* the following statutory provisions: following statutory provisions:
The reasons for my said opinion are: because
and I hereby require you to remedy the said contraventions or, and I hereby direct that the said activities shall not be carried on by
as the case may be, the matters occasioning them by (and I you or under your control immediately/after* unless the said
direct that the measures specified in the Schedule which forms contravention(s)* and matters have been remedied.
part of this notice shall be taken to remedy the said I further direct that the measures specified in the schedule which forms
contraventions or matters)* part of this notice shall be taken to remedy the said contravention(s)*
Signature Date or matters. *
Signature Date
* An improvement Notice is also being served on
* A Prohibition Notice is also being served on
of
of
related to the matters contained in this notice.
related to the matters contained in this notice
Environment and Safety This is a relevant notice for the purposes of the Environment
Information Act 1988 and Safety Information Act 1988 YES/NO* Environment and Safety This is a relevant notice for the purposes of the Environment
Information Act 1988 and Safety Information Act 1988 YES/NO*.
This page only will form the register entry*.
This page only will form the register entry*.
Signature Date
Signature Date
LP1 (rev 05/97) See notes on pO-9 * delete as appropriate LP2 (rev 05/98) See notes on pO-9 * delete as appropriate

June 2005
 Notes on Improvement notices
1 Failure to comply with this Improvement Notice is an offence as provided by Section 33(1) (g) of the
Health and Safety at Work etc Act 1974 and section 33(2A) of this Act renders the offender liable on
summary conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding
June 2009
£20,000, or both, or, on conviction on indictment, to imprisonment for a term not exceeding 2 years, or
a fine, or both.
2 An Inspector has power to withdraw an Improvement Notice or to extend the period specified in the
notice before the end of the period specified in it. If you wish this to be considered you should apply to
the Inspector who issued the notice, but you must do so before the end of the period given in it. Such an
application is not an appeal against this notice.
3 The issue of this notice does not relieve you of any legal liability for failing to comply with any
statutory provision referred to in the notice, or to perform any other statutory or common law duty resting
on you.
4 You can appeal against this notice to an Industrial Tribunal. Details of the method of making an
appeal, a form to use, and information about where to send it are contained in booklet ITL 19 which will
be provided by the Inspector with this notice. Copies are also available from the Industrial Tribunal
Enquiry Line (Tel: 0345 959775).
Time limit for appeal
A notice of appeal must be sent to the Industrial Tribunal within 21 days from the date of service on the
appellant of the notice, or notices, appealed against, or within such further period as the tribunal
considers reasonable in a case where it is satisfied that it was not reasonably practicable for the notice
of appeal to be presented within the period of 21 days. If posted the appeal should be sent by recorded
delivery.
The entering of an appeal suspends the Improvement Notice until the appeal has been
determined, but does not automatically alter the date given in this notice by which
the matters contained in it must be remedied. The rules for the hearing of an appeal are
given in The Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993
(Sl 1993 No 2687), as amended, for England and Wales and The Industrial Tribunals
(Constitution and Rules of Procedure) (Scotland) Regulations 1993 (SI 1993 No 2688), as amended,
for Scotland.
Public Registers of Enforcement Notices under the Environment and
Safety Information Act 1988
1 Under the requirements of the Environment and Safety Information Act 1988, the Health and Safety
Executive (HSE) maintains at its Offices public registers of information on notices which do not impose
requirements or conditions solely for the protection of persons at work. These are called “relevant notices”
under this Act and will be identified by the inspector serving the notice (see overleaf). Entries will be kept
in the public register for a period of at least 3 years.
2 The entry in the register will be made within 14 days of either expiry of the right of appeal or of the
disposal of an appeal. Where a notice is cancelled on appeal no entry will be made. Where an
inspector is satisfied that a notice has been complied with, a further entry will be made in the register
within 7 days to show this. If a notice is withdrawn or amended the entry on the register will be
withdrawn or amended within 7 days.
3 The entry on the register will normally be the front page of the notice form. If you think that the entry
for this notice would disclose information about a trade secret or secret manufacturing process, you
should give written notice to HSE within 14 days. HSE will then draft an entry which it believes will not
reveal the secret and serve this on you. In the meantime the entry in the register will specify only your
name and address, any place involved and the relevant legal provisions.
4 If you are not satisfied with the redrafted entry you have a further right of appeal to the Secretary of State
0 – 9
within 14 days. HSE will give you further information about appeals to the Secretary of State at this time.
Notes on Prohibition notices
1 Failure to comply with this Prohibition Notice is an offence as provided by section 33(1) (g) of the Health
and Safety at Work act Act 1974 and section 33(2A) of this Act renders the offender liable on summary
conviction to imprisonment for a term not exceeding 12 months, or to a fine not exceeding £20,000, or
both, or, on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine, or both.
2 Except for an immediate Prohibition Notice, an Inspector has power to withdraw a notice or to
extend the period specified in the notice, before the end of the period specified in it. If you wish this to be
considered you should apply to the Inspector who issued the notice, but you must do so before the end of
the period given in it. Such an application is not an appeal against this notice.
3 The issue of this notice does not relieve you of any legal liability for failing to comply with any statutory
provision referred to in the notice, or to perform any other statutory or common law duty resting on you.
4 You can appeal against this notice to an Industrial Tribunal. Details of the method of making an
appeal, a form to use, and information about where to send it are contained in booklet ITL 19 which will
be provided by the Inspector with this notice. Copies are also available from the Industrial Tribunal
Enquiry Line (Tel: 0345 959775).
Time limit for appeal
A notice of appeal must be sent to the Industrial Tribunal within 21 days from the date of service on the
appellant of the notice, or notices, appealed against, or within such further period as the tribunal considers
reasonable in a case where it is satisfied that it was not reasonably practicable for the notice of appeal to
be presented within the period of 21 days. If posted the appeal should be sent by recorded delivery.
The entering of an appeal does not have the effect of suspending this notice. Application can be made
for the suspension of this notice to the Industrial Tribunal, but the notice continues in force until a Tribunal
otherwise directs.
An application for suspension of the notice must be in writing and must set out:
(a) the case number of the appeal, if known, or particulars sufficient to identify it, and;
(b) the grounds on which the application is made. (It may accompany the appeal.)
The rules for the hearing of an appeal are given in The Industrial Tribunals (Constitution and Rules of
Procedure) Regulations 1993 (Sl 1993 No 2687), as amended, for England and Wales and The
Industrial Tribunals (Constitution and Rules of Procedure) (Scotland) Regulations 1993 (SI 1993 No
2688), as amended, for Scotland.
Public availability of Information on other Notices
1 Under the code of Practice on Access to Government Information HSE is committed to make
available on request information abut its actions and decisions, which includes information about the
notices it has issued. In general the information that HSE will make available about a notice is the
information on the front page.
2 Information on a notice will not be made available until the right of appeal against the notice has
expired or the appeal has been disposed of. Where an inspector is satisfied that a notice has been
complied with, this information will be made available at the same time as the information on the front
page of the notice.
3 If you think that the information in the notice would disclose commercially confidential information
you should give written notification to HSE within 14 days. HSE will then redraft the information in such a
way that it believes will not reveal the commercially confidential information. In the meantime the only
information that HSE would make available would be your name and address, any place involved and
the relevant legal provisions.
4 If you are not satisfied with the redrafted information there is no further appeal. However, HSE will
make every effort to agree with you a form of words which would not reveal any commercially
confidential information.
 PART II SCHEDULE 1

THE EMPLOYMENT MEDICAL ADVISORY

SERVICE Schedule 1 to the Act lists the enactments which, together
with the regulations under them, continue in force until they
are progressively replaced by health and safety regulations
This Part of the Health and Safety at Work Act re-enacted supported by approved codes of practice. These Acts, in
the Employment Medical Advisory Service Act 1972 with whole or in part, are referred to as the “existing statutory
certain minor changes. The main change is the provision provisions” and together with the provisions of Part I of the
which enables the Secretary of State to delegate Health and Safety at Work Act 1974 and regulations made
responsibility for the maintenance of the Service. under Section 15 of the Act make up the “relevant statutory
Employment medical advisers, the staff of the Service, provisions’’.
became the medical wing of the Health and Safety Executive
and are responsible for advising the Secretary of State, the The following list is taken from the Schedule and shows
HSE and employers and employees on health at work. those items which are considered to be most appropriate to
Statutory tests and examinations required for persons the construction industry:
employed in certain activities may still be carried out by TITLE OF ACT PROVISIONS WHICH ARE
medical personnel appointed directly by employers, RELEVANT STATUTORY
provided that such doctors and the company’s medical PROVISIONS
facilities are approved by EMAS.
The Explosives Act l875 The whole Act except
Sections 30 to 32, 80,
and 116 to 121
The Employment of Women,
Young Persons and
Children Act 1920 The whole Act
The Explosives Act 1923 The whole Act
The Petroleum
(Consolidation) Act 1928 The whole Act
The Hours of Employment The whole Act except
(Conventions) Act 1936 Section 5
The Petroleum (Transfer of
Licences) Act 1936 The whole Act
SCHEDULES The Mines & Quarries Act The whole Act except
1954 Section 151
The Agriculture (Safety
There are nine schedules to the Act, under the following Health & Welfare
headings: Provisions) Act 1956 The whole Act
Schedule I Existing enactments which are relevant The Factories Act 1961 The whole Act except
statutory provisions Section 135
Schedule 2 Additional provisions relating to constitution The Public Health Act 1961 Section 73
etc. of the Commission and Executive The Pipe-lines Act 1962 Sections 20 to 26, 33,
Schedule 3 Subject matter of health and safety regulations 34 and 42, Schedule 5
The Offices, Shops and
Schedule 5
Schedule 6
Schedule 7
} Relate to Part III of the Act, and not dealt
with in this Section
Railway Premises Act 1963
The Nuclear Installations Act
The whole Act
Sections 1, 3 to 6, 22
Schedule 8 Transitional provisions with respect to fire 1965 and 24, Schedule 2
certificates under Factories Act 1961 or The Mines and Quarries
Offices, Shops & Railway Premises Act 1963 (Tips) Act 1969 Sections 1 to 10
Schedule 9 Minor and consequential amendments The Employment Medical The whole Act except
Schedule 10 Repeals Advisory Service Act 1972 Sections 1 and 6 and
Only Schedule 1 is dealt with further. Schedule 1

0 – 10 June 2009
 REFERENCES

Legislation
Health and Safety at Work etc. Act 1974
Safety Representatives and Safety Committees Regulations
1977. SI 1977 No. 500
Health and Safety (Consultation with Employees) Regulations
1996
Employment Protection (Consolidation) Act 1978 Employers’
Health & Safety Policy Statements (Exception) Regulations
1975. SI 1975 No.1584
Health and Safety at Work etc. Act 1974 (Application
outside Great Britain) Order 1995. SI 1995 No.263
Health and Safety (Enforcing Authority) Regulations 1998.
SI 1998 No.494

All of the above reference material is available from:

Construction Industry Publications Ltd.,
55 Tufton Street, Westminster, London SW1P 3QL
Tel: 0870 078 4400
Fax: 0870 078 4401
e-mail sales@cip-books.com

Guidance
Leaflets (available from HSE):
HSC 6 Writing a safety policy statement: advice to
employers (1987)
HSC 13 Health and Safety Regulations – A Short Guide

Booklet (available from Construction Industry Publications):

HS(G)27 Substances for use at work: the provision of
information.
HS(G)151 Protecting the Public – Your Next Move
L1 A Guide to the Health and Safety at Work etc.
Act 1974 5th edition.

June 2007 0 – 11
 HSE and EMAS OFFICES

All offices of the HSE are now contacted by telephone through 0845 345 0055
or by email at hse.infoline@natbrit.com
Web address is www.hse.gov.uk
Contact details for the Environment Agency are contained in Section 34

REGIONS
Scotland
Covers all the Scottish unitary authorities and island
councils

Yorkshire and North East

Covers the counties of Cleveland, Durham, North
Yorkshire, Northumberland, West Yorkshire, Tyne &
Wear, Humberside and South Yorkshire.

North West
Covers the counties of Cheshire, Cumbria, Greater
Manchester, Lancashire and Merseyside

Glasgow • • Edinburgh
Wales and South West
Covers Wales, Cornwall, Devon, Somerset, North
Somerset, Bath and North East Somerset, Gloucestershire,
South Gloucestershire, Bristol, Dorset, Swindon and
Wiltshire
• Leeds
Liverpool •
• Sheffield Midlands
Covers the counties of West Midlands, Leicestershire,
• Birmingham Northamptonshire, Warwickshire, Derbyshire,
Lincolnshire, Nottinghamshire, Hereford and Worcester
Swansea •
• Bristol • London
London
Covers: London only

East and South East

Covers the counties of Bedfordshire, Berkshire,
Buckinghamshire, Cambridgeshire, Essex, Hampshire,
Hertfordshire, Isle of Wight, Norfolk, Suffolk, Oxfordshire,
Kent, East & West Sussex and Surrey

HEADQUARTERS
London Liverpool
Rose Court Redgrave Court
2 Southwark Bridge Merton Road
LONDON Bootle
SE1 9HS Merseyside, L20 7HS

0 – 12 June 2008
 LOCAL OFFICES
Scotland

Edinburgh (also EMAS office) Glasgow

Covers: Borders, Lothian, Central Perth, Kinross, Fife and Covers: West Scotland
Dundee 375 West George Street
Belford House GLASGOW
59 Belford Road G2 4LW
EDINBURGH Fax: 0141 275 3100
EH4 3UE
Fax: 0131 247 2121 Inverness
Covers: Highlands and Orkney
Aberdeen Longman House
Covers: Angus, Aberdeenshire, Moray and Shetland 28 Longman Road
Lord Cullen House Longman Industrial Estate
Fraser Place INVERNESS IV1 1SF
ABERDEEN AB25 3UB Fax: 01463 713459
Fax: 01224 252525

Yorkshire and North East

Leeds Sheffield
Covers: West and North Yorkshire Covers: East Yorkshire, North Lincolnshire, NE
Marshalls Mill Lincolnshire, South Yorkshire, Kingston-upon-Hull
Marshall Street Edgar Allen House
LEEDS 241 Glossop Road
LS11 9YJ SHEFFIELD
Fax No: 0113 283 4382 (general enquiries) S10 2GW
Fax No: 0113 283 4296 (completed F10 forms) Fax: 0114 291 2379

Newcatle-upon Tyne
Covers: Northumberland, Tyne and Wear, Durham,
Cleveland
Arden House
Regent Centre
Regent Farm Road
Gosforth
NEWCASTLE-UPON-TYNE NE3 3JN
Fax: 0191 202 6300

June 2008 0 – 13
North West

Manchester (also EMAS office) Preston

Covers: Merseyside, Cheshire, Greater Manchester Covers: Lancashire, Cumbria
Grove House Marshall House
Skerton Road Ringway
MANCHESTER PRESTON
M16 0RB PR1 2HS
Fax: 0161 952 8222 Fax: 01772 836 222

Carlisle
Covers: Cumbria (except services, metals & minerals and
fairgrounds)
2 Victoria Place
CARLISLE
CA1 1ER
Fax: 01228 548482

Midlands

Birmingham (also EMAS office) Stoke on Trent

Covers: West Midlands and Warwickshire Covers: Staffordshire and Shropshire.
1 Hagley Road Lyme Vale Court
BIRMINGHAM Lyme Drive
B16 8HS Parklands Business Park
Fax: 0121 607 6349 Newcastle Road
Trent Vale
Northampton STOKE ON TRENT
Covers: Northampton, Leicestershire, Rutland ST4 6NW
900 Pavilion Drive Fax: 01782 602400
Northampton Business Park
NORTHAMPTON Worcester
NN4 7RG Covers: Worcestershire and Herefordshire
Fax: 01604 738333 Haswell House
St Nicholas Street
Nottingham WORCESTER
Covers: Nottinghamshire, Derbyshire, Lincolnshire WR1 1UW
(most - North Lincolnshire covered by Sheffield office) Fax: 01905 723045
City Gate West
Level 6 (First Floor)
Toll House Hill
NOTTINGHAM
NG1 5AT
Fax: 0115 971 2802

0 – 14 June 2008
Wales and South West

Cardiff (also EMAS office) Carmarthen

Covers: Merthyr Tydfil, Rhondda Cynon Taff, Vale of Covers: Carmarthenshire, Pembrokeshire, Ceredigion and
Glamorgan, Bridgend, Neath Port Talbot, Powys, Blaenau Swansea
Gwent, Caerphilly, Cardiff, Monmouthshire, Newport, 3rd Floor
Torfaen and part of Powys Darkgate Buildings
Government Buildings, 3 Red Street
Phase 1, CARMARTHEN
Ty Glas, Dyfed SA31 1QL
Llanishen, Fax: 01267 223267
CARDIFF CF14 5SH
Fax: 029 2026 3120 Poole
Covers: Dorset (except public services - covered by Bristol)
Bristol 14 New Fields
Covers: Bristol, Somerset, Bath and North East Somerset, Stinsford Road
North Somerset, Gloucestshire, South Gloucestershire, Nuffield Industrial Estate
Dorset (public services only), Swindon and Wiltshire POOLE
Agriculture in North, Mid and East Devon Dorset BH17 0NF
Construction in Devon (but not Cornwall or Plymouth City Fax: 01202 667224
Council area - see Plymouth Office)
4th Floor, The Pithay Wrexham
All Saints Street Covers: Anglesey, Conwy, Denbighshire, Flintshire,
BRISTOL BS1 2ND Wrexham, Gwynedd and part of Powys
Fax: 01179 262998 Wrexham Technology Park
WREXHAM
Plymouth Clwyd LL13 7YT
Covers: Devon, Cornwall (all industries except public Fax: 01978 355669
services and quarries) Unit 7 & 8 Edison Court
Agriculture except in North, Mid and East Devon Ellice Way
Construction (all of Cornwall plus Plymouth City Council
area, rest of Devon - see Bristol Office)
Ballard House
West Hoe Road
PLYMOUTH PL1 3BL
Fax: 01752 226024

London

London (also EMAS office)

Covers: London only
Rose Court
2 Southwark Bridge
LONDON SE1 9HS
Fax: 020 7556 2102

June 2008 0 - 15
East and South East

Luton (also EMAS office) Norwich

Covers: Hertfordshire, Cambridgeshire, Bedfordshire and Covers: Norfolk, Suffolk, Essex (please also see
Milton Keynes and Buckinghamshire. Chelmsford)
AW House Covers Topics: Agriculture, Food and Wood
6-8 Stuart Street Lakeside 500
LUTON Old Chapel Way
Bedfordshire Broadland Business Park
LU1 2SJ NORWICH
Fax: 01582 444320 Norfolk NR7 0WQ
Fax: 01603 828055
Basingstoke
Covers: Berkshire, Hampshire, Oxfordshire, Isle of Wight, Ashford
and Dorset (construction only) Covers: Kent (except service industries - as these enquiries
Priestley House should be direct to East Grinstead)
Priestley Road International House
BASINGSTOKE Dover Place
RG24 9NW ASHFORD
Fax: 01256 404100 Kent TN23 1HU
Fax: 01233 634827
Chelmsford
Covers: Essex (except Barking, Redbridge and Waltham East Grinstead
Forest these LAs are covered by London), Norfolk and Covers: Kent (service industries only), East & West Sussex,
Suffolk Surrey
Excludes Topics: Agriculture, Food and Wood. Please see Phoenix House,
Lakeside 500, Norwich 23-25 Cantelupe Road,
Wren House EAST GRINSTEAD,
Hedgerows Business Park West Sussex
Colchester Road RH19 3BE
Springfield Fax: 01342 334222
CHELMSFORD
CM2 5PF
Fax: 01245 706222

0 - 16 June 2008
 CONSTRUCTION INDUSTRY ORGANISATIONS
This list comprises organisations active in the construction industry and who may be referenced within this manual.

ARB Architects Registration Board www.arb.org.uk

ARCA Asbestos Removal Contractors Association www.arca.org.uk
APM Association for Project Management www.apm.org.uk
APS Association for Project Safety www.associationforprojectsafety.co.uk
ABE Association of Building Engineers www.abe.org.uk
ACIFC Association of Concrete Industrial Flooring Contractors www.acifc.org
ACA Association of Consultant Architects www.acarchitects.co.uk/
ACE Association of Consulting Engineers www.acenet.co.uk
ACostE Association of Cost Engineers www.acoste.org.uk
AIS Association of Interior Specialists www.ais-interiors.org.uk
APHC Association of Plumbing and Heating Contractors www.competentpersonsscheme.co.uk
ASA Association of Sealant Applicators Ltd www.associationofsealantapplicators.org
ASFP Association of Specialist Fire Protection www.asfp.org.uk
ASUC Association of Specialist Underpinning Contractors Plus www.asuc.org.uk
BFRC British Fenestration Rating Council www.bfrc.org
BBSA British Blind and Shutter Association www.bbsa.org.uk
British Cement Association www.cementindustry.co.uk
BCC British Ceramic Confederation www.ceramfed.co.uk
BCSA British Constructional Steelwork Association www.SteelConstruction.org
BCFA British Contract Furnishing Association www.thebcfa.com
British Drilling Association www.britishdrillingassociation.co.uk
BGA British Geomembrane Association www.bga.uk.net
BIFM British Institute of Facilities Management www.bifm.org.uk
BOHS British Occupational Hygiene Society www.bohs.org
BPF British Plastics Federation www.bpf.co.uk
BPCF British Precast Concrete Federation www.britishprecast.org
BSC British Safety Council www.britsafe.org
BURA British Urban Regeneration Association www.bura.org.uk
BWF British Woodworking Federation www.bwf.org.uk
BMF Builders Merchants Federation www.bmf.org.uk
BRE Building Research Establishment www.bre.co.uk
BSRIA Building Services Research and Information Association www.bsria.co.uk
CIAT Chartered Institute of Architectural Technologists www.ciat.org.uk
CIOB Chartered Institute of Building www.ciob.org.uk
CIBSE Chartered Institute of Building Services Engineers www.cibse.org
CIMCIG Chartered Institute of Marketing, Construction Industry Group www.cimcig.org
CIC Construction Industry Council www.cic.org.uk
CECA Civil Engineering Contractors Association www.ceca.co.uk
CSSA Cleaning and Support Services Association www.cleaningindustry.org
Concrete Society www.concrete.org.uk
Confederation of Construction Specialists www.constructionspecialists.org
CONIAC Construction Industry Advisory Committee www.hse.gov.uk
Considerate Constructors Scheme www.ccscheme.org.uk
Constructing Excellence www.constructingexcellence.org.uk
Construction Clients' Group www.constructingexcellence.org.uk
CICA Construction Industry Computing Association www.cica.org.uk
CITB Construction Industry Training Board www.citb.co.uk
CPA Construction Plant Hire Association www.cpa.uk.net
Construction Products Association www.constructionproducts.org.uk/
Construction Skills www.cskills.org
CQSA Consultant Quantity Surveyors Association www.cqsa.co.uk
CFA Contract Flooring Association www.cfa.org.uk
COSLA Convention of Scottish Local Authourities www.cosla.gov.uk
CSCS Construction Skills Certification Scheme www.cscs.uk.com
Drilling and Sawing Association www.drillandsaw.org.uk
ECA Electrical Contractors Association www.eca.co.uk
Faculty of Building www.ciob.org.uk
FASET Fall Arrest Safety Equipment Training www.faset.org.uk
FBSC Federation of Building Specialist Contractors www.fbsc.org.uk
FMB Federation of Master Builders www.fmb.org.uk
FPS Federation of Piling Specialists www.fps.org.uk
FPDC Federation of Plastering and Drywall Contractors www.fpdc.org
FPS Federation of Property Societies www.fedps.org.uk
FSB Federation of Small Businesses www.fsb.org.uk

December 2009 0 - 17
FCA Fencing Contractors Association www.fencingcontractors.org
FENSA Fenestration Self-Assessment Scheme www.fensa.org.uk/
FRA Flat Roofing Alliance www.fra.org.uk
GGF Glass and Glazing Federation www.ggf.co.uk
HSE Health and Safety Executive www.hse.gov.uk
HVCA Heating and Ventilation Contractors Association www.hvca.org.uk
HBF Home Builders Federation www.hbf.co.uk
ICWGB Institute of Clerks of Works of Great Britain www.icwgb.org
ICM Institute of Construction Management www.the-icm.com
IHIE Institute of Highway Incorporated Engineers www.ihie.org.uk
IHT Institute of Highways and Transportation www.iht.org
IMBM Institute of Maintenance and Building Management www.imbm.org.uk
IOSH Institute of Occupational Safety and Health www.iosh.co.uk
CIPHE Chartered Institute of Plumbing and Heating Engineering www.ciphe.org.uk
Institute of Structural Engineers www.istructe.org
ICES Institution of Civil Engineering Surveyors www.ices.org.uk
ICE Institution of Civil Engineers www.ice.org.uk
IFE Institution of Fire Engineers www.ife.org.uk
INCA Insulated Render and Cladding Association www.inca-ltd.org.uk
IIRSM International Institute of Risk and Safety Management www.iirsm.org
Investors in People www.investorsinpeople.co.uk
JIB Joint Industry Board for the Electrical Contracting Industry www.jib.org.uk
Landscape Institute www.landscapeinstitute.org
LEIA Lift and Escalator Industry Association www.leia.co.uk
LEOF London Equal Opportunities Federation www.leof.org
MAC Mastic Asphalt Council www.masticasphaltcouncil.co.uk
NAPIT National Association for Professional Inspectors and Testers www.napit.org.uk
NASC National Access & Scaffolding Confederation www.nasc.org.uk
NACE National Association of Chimney Engineers Ltd www.nace.org.uk
NFB National Federation of Builders www.builders.org.uk
NFDC National Federation of Demolition Contractors www.demolition-nfdc.com
NFRC National Federation of Roofing Contractors www.nfrc.co.uk
National Federation of Terrazzo Marble and Mosaic Specialists www.nftmms.co.uk
NHBC National House Building Council www.nhbc.co.uk
nCRISP New Construction Reasearch & Innovation Strategy Panal www.crwplatform.org.uk
NICEIC National Inspection Council for Electrical Installation Contracting www.niceic.org.uk
NSCC National Specialist Contractors Council www.nscc.org.uk
NSI National Security Inspectorate www.nsi.org.uk
OGC Office of Government Commerce www.ogc.gov.uk
PDA Painting and Decorating Association www.paintingdecoratingassociation.co.uk
FeRFA Resin Flooring Association www.ferfa.org.uk
RIAS Royal Incorporation of Architects in Scotland www.rias.org.uk
RIBA Royal Institute of British Architects www.architecture.com
RICS Royal Institution of Chartered Surveyors www.rics.org
ROSPA Royal Society for the Prevention of Accidents www.rospa.com
RTPI Royal Town Planning Institute www.rtpi.org.uk
Rural and Industrial Design and Building Association www.ridba.org.uk
SBF Scottish Building Federation www.scottish-building.co.uk
Scottish Decorators Federation www.scottishdecorators.co.uk
SFHA Scottish Federation of Housing Associations www.sfha.co.uk
Scottish Master Wrights and Builders Association www.smwba.org.uk
SEC Southern Electric Contracting www.s-e-c.co.uk
SELECT Scottish Electrical Trade Association www.select.org.uk
SFfC Strategic Forum for Construction www.hse.gov.uk
Single Ply Roofing Association www.spra.co.uk
SNIPEF Scottish & Northern Ireland Plumbing Employers Federation www.snipef.org
SPECC Specialist Concrete Contractors www.specc.co.uk
Specialist Access Engineering and Maintenance Association www.saema.org
Sports and Play Construction Association www.sapca.org.uk
SCI Steel Construction Institute www.steel-sci.org
Steel Window Association www.steel-window-association.co.uk
Stone Federation of Great Britain www.stone-federationgb.org.uk
TTA The Tile Association www.tiles.org.uk
TRADA Timber Research and Development Association www.trada.co.uk
UKCG United Kingdom Contractors Group www.ukcg.org.uk

0 - 18 December 2009