Procedural Guide - Book - Page 32
2.3 SUMMARY OF LAW AND GUIDANCE
2.3.1
The table below shows a summary (and hierarchy) of law and guidance:
2.3.2 Health and Safety at Work etc, Act 1974
The primary piece of health and safety legislation
in the United Kingdom.
The Act is termed an enabling Act, which allows
the Government to make health and safety
regulations that become part of the law.
The Act specifies general requirements of
employers and employees but does not specify
any technical requirements or set any minimum
standards.
2.3.3 Regulations
Health and safety regulations are relevant to the
work being carried out part of the UK law that
places duties on employers and employees.
It is a criminal offence to contravene them.
Regulations provide specific requirements of
employers and employees, and some specify the
technical
requirements
and
set
minimum
standards.
Regulations are often supported by Approved
Codes of Practice (ACOPs).
2.3.4 Approved Codes of Practice/Codes of
Practice
ACOPs explains in plain language how to comply
with the law in a specific way and has a special
status in law.
If the advice in an ACOP is not followed and a
company or individual is prosecuted for a breach of
the law, the court will take the breach of the law
as proven unless it can be shown that the law has
been complied with in another equally effective
way.
Following the advice in an ACOP ensures enough is
being done to comply with the law.
ACOPs are published by the HSE, however the BSI
and other organisations, also publish codes that
are generally seen has having the same legal
status as ACOPs.
2.3.5 Industry Guidance
Issued by the HSE and industry organisations,
trade associations.
Not legally enforceable but give practical advice
on how regulations can be complied with.
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