Legislation

Clients are provided with full information on the most common legislation involving health and safety.

Each section gives an overview of the most pertinent points as far as most enterprises are concerned, information on how to comply with "best practice" and links to the  legislation itself

Overview

Almost all of today's safety legislation originates from Europe in the form of EU Directives which are applicable across all members of the Union - unless they obtain a derogation. 

All law is open to interpretation and this is resolved by precedence.  In other words where successful prosecutions have been undertaken the reasoning behind the decision is then applied in future cases.  In the vast majority of cases though, where the reasons for the decision are not clear cut appeals will be made so that the precedence is firmly established.  Appeals may be to an Appeals Court, the House of Lords and finally Europe.

European Community law is part of the law of the United Kingdom by virtue of section 2 of the European Communities Act 1972. Article 234 of the Treaty of Rome (establishing the European Community) gives the European Court of Justice in Luxembourg jurisdiction over questions of interpretation of the treaty, validity and interpretation of acts of the Community institutions and, interpretation of statutes of bodies established by an act of the Council of Ministers, where provided for in those statutes.  There say is final

The HSE (and other bodies) have produced Approved Codes of Practice (ACoPs) which lay down systems of work which, if followed, would be "persuasive" in mitigating penalties subsequent to prosecution.  Please note that compliance with the codes is only "persuasive", you neither have to follow these codes, nor by doing so are you immune from prosecution

Many ACoPs are priced publications.  Where not, and copyright allows, links are provided to this information

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