Workplace (Health, Safety and Welfare) Regulations 1992
Encyclopedia
The Workplace 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
.
Since 31st December 1995, all new and exsting workplaces have had to comply to these regulations.
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. Either an individual or a corporation can be punished and sentencing practice is published by the Sentencing Guidelines Council
. Enforcement is the responsibility of the Health and Safety Executive
(HSE) or in some cases, local authorities.
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.
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. The regulations do not create duties to members of the public.
s, construction site
s or mine
s 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:
the Secretary of State for Work and Pensions
, may exempt premises on grounds of national security
(reg.26).
by the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993, made under the Health and Safety at Work (Northern Ireland) Order 1978.
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
Statutory Instrument that stipulates general requirements on accommodation standards for nearly all workplaces. The regulations implemented European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
directive 89/654/EEC on minimum safety and health requirements for the workplace and repeal
Repeal
A repeal is the amendment, removal or reversal of a law. This is generally done when a law is no longer effective, or it is shown that a law is having far more negative consequences than were originally envisioned....
and supersede much of the Factories Act 1961
Factories Act 1961
The Factories Act 1961 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act consolidated much legislation on workplace health, safety and welfare in Great Britain. Though some of it remains in force, it has largely been superseded by the Health and Safety at Work...
and Offices, Shops and Railway Premises Act 1963
Offices, Shops and Railway Premises Act 1963
The Offices, Shops and Railway Premises Act 1963 is an Act of the Parliament of the United Kingdom. At the time of its passage, the Act was intended to extend the protection of workplace health, safety and welfare under the Factories Act 1961 to other employees in Great Britain. Though some of it...
.
Since 31st December 1995, all new and exsting workplaces have had to comply to these regulations.
Breach of the regulations by an employer, controller of work premises or occupier of a factory
Factory
A factory or manufacturing plant is an industrial building where laborers manufacture goods or supervise machines processing one product into another. Most modern factories have large warehouses or warehouse-like facilities that contain heavy equipment used for assembly line production...
is a crime
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
, punishable on summary conviction with a fine of up to £400. If convicted on indictment
Indictment
An indictment , in the common-law legal system, is a formal accusation that a person has committed a crime. In jurisdictions that maintain the concept of felonies, the serious criminal offence is a felony; jurisdictions that lack the concept of felonies often use that of an indictable offence—an...
in the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
, an offender can be sentenced to an unlimited fine. Either an individual or a corporation can be punished and sentencing practice is published by the Sentencing Guidelines Council
Sentencing Guidelines Council
The Sentencing Guidelines Council was a non-departmental public body of the United Kingdom, created by s.167 of the Criminal Justice Act 2003. It gave authoritative guidance on sentencing to the courts of England and Wales...
. Enforcement is the responsibility of the Health and Safety Executive
Health and Safety Executive
The Health and Safety Executive is a non-departmental public body in the United Kingdom. It is the body responsible for the encouragement, regulation and enforcement of workplace health, safety and welfare, and for research into occupational risks in England and Wales and Scotland...
(HSE) or in some cases, local authorities.
Where a person suffers damage
Damages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
caused by
Causation in English law
Causation in English law concerns the legal tests of remoteness, causation and foreseeability in the tort of negligence. It is also relevant for English criminal law and English contract law....
a breach of a duty
Duty of care
In tort law, a duty of care is a legal obligation imposed on an individual requiring that they adhere to a standard of reasonable care while performing any acts that could foreseeably harm others. It is the first element that must be established to proceed with an action in negligence. The claimant...
imposed by regulations, they have a cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
in tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
against the offender.
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
Evidence (law)
The law of evidence encompasses the rules and legal principles that govern the proof of facts in a legal proceeding. These rules determine what evidence can be considered by the trier of fact in reaching its decision and, sometimes, the weight that may be given to that evidence...
as to either. The regulations do not create duties to members of the public.
Premises to which regulations apply
The regulations apply to all workplaces save for shipShip
Since the end of the age of sail a ship has been any large buoyant marine vessel. Ships are generally distinguished from boats based on size and cargo or passenger capacity. Ships are used on lakes, seas, and rivers for a variety of activities, such as the transport of people or goods, fishing,...
s, construction site
Construction Site
Construction Site is a television series created by The Jim Henson Company in 1999, and consists of 7 construction vehicles. The show was broadcast on ABC Kids for a while, and had a range of videos. It was originally produced for and shown on CITV starting in 1999. In 2000 it was nominated for a...
s or mine
Mining
Mining is the extraction of valuable minerals or other geological materials from the earth, from an ore body, vein or seam. The term also includes the removal of soil. Materials recovered by mining include base metals, precious metals, iron, uranium, coal, diamonds, limestone, oil shale, rock...
s and quarries
Quarries
Quarries - The "Royal Quarries" — not found in Scripture — is the namegiven to the vast caverns stretching far underneath the northern hill, Bezetha, on which Jerusalem is built. Out of these mammoth caverns stones, a hard limestone, have been quarried in ancient times for the buildings in the...
. The regulations have limited application to temporary workplaces, transport
Transport
Transport or transportation is the movement of people, cattle, animals and goods from one location to another. Modes of transport include air, rail, road, water, cable, pipeline, and space. The field can be divided into infrastructure, vehicles, and operations...
and agriculture
Agriculture
Agriculture is the cultivation of animals, plants, fungi and other life forms for food, fiber, and other products used to sustain life. Agriculture was the key implement in the rise of sedentary human civilization, whereby farming of domesticated species created food surpluses that nurtured the...
(reg.3). The regulations do not apply in respect of exceptions in the EU directive:
- Stability and solidity;
- Electrical installationsElectricityElectricity is a general term encompassing a variety of phenomena resulting from the presence and flow of electric charge. These include many easily recognizable phenomena, such as lightning, static electricity, and the flow of electrical current in an electrical wire...
; - Emergency routes and exitsEmergency exitAn emergency exit in a structure is a special exit for emergencies such as a fire: the combined use of regular and special exits allows for faster evacuation, while it also provides an alternative if the route to the regular exit is blocked by fire, etc....
; - Fire detection and fire fightingFire fightingFirefighting is the act of extinguishing fires. A firefighter fights fires to prevent loss of life, and/or destruction of property and the environment...
; - Thermal insulationThermal insulationThermal insulation is the reduction of the effects of the various processes of heat transfer between objects in thermal contact or in range of radiative influence. Heat transfer is the transfer of thermal energy between objects of differing temperature...
; and - First aidFirst aidFirst aid is the provision of initial care for an illness or injury. It is usually performed by non-expert, but trained personnel to a sick or injured person until definitive medical treatment can be accessed. Certain self-limiting illnesses or minor injuries may not require further medical care...
rooms or equipment.
the Secretary of State for Work and Pensions
Secretary of State for Work and Pensions
The Secretary of State for Work and Pensions is a post in the British Cabinet, responsible for the Department for Work and Pensions. It was created on 8 June 2001 by the merger of the Employment part of the Department for Education and Employment and the Department of Social Security.The Ministry...
, may exempt premises on grounds of national security
National security
National security is the requirement to maintain the survival of the state through the use of economic, diplomacy, power projection and political power. The concept developed mostly in the United States of America after World War II...
(reg.26).
Requirements
The regulations impose requirements with respect to:- MaintenanceMaintenance, Repair and OperationsMaintenance, repair, and operations or maintenance, repair, and overhaul involves fixing any sort of mechanical or electrical device should it become out of order or broken...
of premises (reg.5); - VentilationVentilation (architecture)Ventilating is the process of "changing" or replacing air in any space to provide high indoor air quality...
of enclosed workplaces (reg.6); - Maintenance of a "reasonable" temperatureTemperatureTemperature is a physical property of matter that quantitatively expresses the common notions of hot and cold. Objects of low temperature are cold, while various degrees of higher temperatures are referred to as warm or hot...
indoors and the provision of thermometers (reg.7); - LightingLightingLighting or illumination is the deliberate application of light to achieve some practical or aesthetic effect. Lighting includes the use of both artificial light sources such as lamps and light fixtures, as well as natural illumination by capturing daylight...
, including emergency lighting, with a presumption in favour of daylightDaylightDaylight or the light of day is the combination of all direct and indirect sunlight outdoors during the daytime. This includes direct sunlight, diffuse sky radiation, and both of these reflected from the Earth and terrestrial objects. Sunlight scattered or reflected from objects in outer space is...
(reg.8); - CleanlinessCleanlinessCleanliness is both the abstract state of being clean and free from dirt, and the process of achieving and maintaining that state.Cleanliness may be endowed with a moral quality, as indicated by the aphorism "cleanliness is next to godliness," and may be regarded as contributing to other ideals...
of the workplace, furnitureFurnitureFurniture is the mass noun for the movable objects intended to support various human activities such as seating and sleeping in beds, to hold objects at a convenient height for work using horizontal surfaces above the ground, or to store things...
, furnishings and fittings; the ease of cleaning of floorFlooringFlooring is the general term for a permanent covering of a floor, or for the work of installing such a floor covering. Floor covering is a term to generically describe any finish material applied over a floor structure to provide a walking surface...
s, wallWallA wall is a usually solid structure that defines and sometimes protects an area. Most commonly, a wall delineates a building and supports its superstructure, separates space in buildings into rooms, or protects or delineates a space in the open air...
s and ceilingCeilingA ceiling is an overhead interior surface that covers the upper limit of a room. It is generally not a structural element, but a finished surface concealing the underside of the floor or roof structure above....
s; and the prevention of accumulation of wasteWasteWaste is unwanted or useless materials. In biology, waste is any of the many unwanted substances or toxins that are expelled from living organisms, metabolic waste; such as urea, sweat or feces. Litter is waste which has been disposed of improperly...
(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 pedestrianPedestrianA pedestrian is a person traveling on foot, whether walking or running. In some communities, those traveling using roller skates or skateboards are also considered to be pedestrians. In modern times, the term mostly refers to someone walking on a road or footpath, but this was not the case...
s or vehicleVehicleA vehicle is a device that is designed or used to transport people or cargo. Most often vehicles are manufactured, such as bicycles, cars, motorcycles, trains, ships, boats, and aircraft....
s (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 windowWindowA window is a transparent or translucent opening in a wall or door that allows the passage of light and, if not closed or sealed, air and sound. Windows are usually glazed or covered in some other transparent or translucent material like float glass. Windows are held in place by frames, which...
s and other transparent or translucent walls, doorDoorA door is a movable structure used to open and close off an entrance, typically consisting of a panel that swings on hinges or that slides or rotates inside of a space....
s or gateGateA gate is a point of entry to a space enclosed by walls, or a moderately sized opening in a fence. Gates may prevent or control entry or exit, or they may be merely decorative. Other terms for gate include yett and port...
s 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);
- EscalatorEscalatorAn escalator is a moving staircase – a conveyor transport device for carrying people between floors of a building. The device consists of a motor-driven chain of individual, linked steps that move up or down on tracks, allowing the step treads to remain horizontal.Escalators are used around the...
s and moving walkwayMoving walkwayA moving walkway or moving sidewalk is a slow moving conveyor mechanism that transports people, across a horizontal...
s (regulation 19); - Sanitary conveniencesFlush toiletA flush toilet is a toilet that disposes of human waste by using water to flush it through a drainpipe to another location. Flushing mechanisms are found more often on western toilets , but many squat toilets also are made for automated flushing...
(reg.20, Sch.1/ Pt.II); - Washing facilitiesHygieneHygiene refers to the set of practices perceived by a community to be associated with the preservation of health and healthy living. While in modern medical sciences there is a set of standards of hygiene recommended for different situations, what is considered hygienic or not can vary between...
(reg.21); - Supply of drinking waterDrinking waterDrinking water or potable water is water pure enough to be consumed or used with low risk of immediate or long term harm. In most developed countries, the water supplied to households, commerce and industry is all of drinking water standard, even though only a very small proportion is actually...
and of cups or other drinking vessels (reg.22); - Suitable storage for clothingClothingClothing refers to any covering for the human body that is worn. The wearing of clothing is exclusively a human characteristic and is a feature of nearly all human societies...
and of facilities for changing clothing (regs.23, 24); and - Facilities for rest and for eating meals (reg.25).
Northern Ireland
The provisions were simultaneously extended to Northern IrelandNorthern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
by the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993, made under the Health and Safety at Work (Northern Ireland) Order 1978.