392 Chapter 14Employment (2): Discrimination and health and safety
as well as providing training and information. It operates an information and advisory
service and proposes new regulations and codes of practice, or the revision of existing ones.
The HSE has a network of advisory committees dealing with particular hazards, such as
genetic modification, nuclear safety and hazards found in industries such as the textile and
railway industries. The members of these committees are nominated by employers, trade
unions and public interest representatives.
The Health and Safety Executive has the task of making sure that risks to people’s health
and safety arising out of work activities are properly controlled. Various directorates deal
with matters such as corporate science, hazardous installations and nuclear safety.
Advisory groups also exist in relation to specific industries such as the chemical industry
and underground mining.
Inspectors can be appointed by the HSE or by local authorities. They have very wide
powers to enforce health and safety legislation, including the powers to do the following:
(i) Enter premises at any reasonable time, taking with them any duly authorised person
or any necessary equipment.
(ii) Examine and investigate any matter to the extent that this is necessary.
(iii) Order that premises be left undisturbed so that they can be examined or investigated.
(iv) Take measurements, photographs or samples of articles or substances.
(v) Cause articles or substances to be dismantled, taken away for examination or subjected
to any test.
(vi) Require a person to give information and sign a declaration of the truth of his answers.
(vii) Inspect, take copies of or require the production of any documents.
(viii) Require any person to facilitate and assist them in respect of their duties.
(ix) Take any necessary action to enforce relevant statutory provisions.
Inspectors can also issue improvement noticesrequiring employers to stop contravening
health and safety legislation within 21 days. If the employer is carrying on an activity which
involves a risk of serious personal injury, inspectors can issue prohibition noticesrequiring
the activity to cease with immediate effect. Inspectors also have the power to deal with a
cause of imminent danger by seizing and rendering harmless any article or substance found
on any premises.Duties of the employer
Section 2 of the HSWA 1974 states that it is the duty of every employer to ensure, so far
as is reasonably practicable, the health, safety and welfare at work of all his employees.
In particular, this means:
(i) providing and maintaining safe plant and systems;
(ii) ensuring safe use, handling, storage and transport of articles and substances;
(iii) providing necessary information, instruction, training and supervision;
(iv) maintaining the condition of the workplace so that it is safe and without risk to health;
(v) providing safe access and a safe way out; and
(vi) providing a safe working environment.
Section 3 requires that the self-employed should not be exposed to risks to their health and
safety and should be allowed to conduct their work in a safe way.
Employers with more than five employees also have a duty to prepare and keep up to
date a written statement of general policy with respect to the health and safety at work of