Examples of Legislation

Examples of legislation applicable to businesses and/or property owners include, but are by no means limited to, the following:

Health & Safety legislation requires all businesses to have:
– A Competent Person, (or people) to help meet their H&S legal duties
– A Health & Safety Policy to explain how Health & Safety will be managed (by who, when & how)
– Risk Assessments to (i) identify hazards, (ii) assess and (iii) eliminate/control risks
– Induction & Training to ensure safe working practices and competency
The above need to be documented, effectively communicated and regularly reviewed.

Health & Safety legislation requires adequate maintenance and Statutory Inspections, for example:
(i) Lifting Operations And Lifting Equipment Regulation (LOLER Inspections)
(ii) Pressure System Safety Regulations (PSSR Systems Testing)
(iii) Provision and Use of Work Equipment Regulations (PUWER Work Equipment & Power Presses)
(iv) Control of Substances Hazardous to Health Regulations (COSHH Ventilation Plant)

The Electricity At Work Regulations outline electrical safety requirements.
Satisfactory inspection certificates provide documented proof of:
(i) Fixed Wiring Safety (Electrical Installation Condition Report : EICR)
(ii) Portable Appliance Safety (Portable Appliance Testing : PAT)

The Regulatory Fire Safety Reforms outline fire safety requirements.
These include:
(i) Fire Risk Assessments, to identify, manage and reduce the risk of fire
(ii) Adequately maintained fire extinguishers
(iii) Adequately maintained fire alarms and/or fire fighting equipment (where installed/provided)

The Dangerous Substances and Explosive Atmospheres Regulations (DSEAR)
DSEAR requires employers:
(i) to assess the risk of fires and explosions arising from work activities involving dangerous substances and
(ii) to eliminate or reduce these risks

The Control of Asbestos Regulations
The regulations require:
(i) Commercial properties built before 2000 to have an Asbestos Survey
(ii) Any located Asbestos Containing Materials (ACMs) need be managed and reviewed on an annual basis

Gas Safety Regulations
The regulations require:
(i) gas appliances, and
(ii) pipework
to be checked and maintained annually

Road Traffic Act (RTA) legislation
The Road Traffic Act requires Vehicles, including Fork Lift Trucks, used on public roads to be adequately insured.
This applies even where Fork Lift Trucks just encroach onto pavements, industrial estate roads etc for loading and unloading.
Case law has defined a public road to be ‘where it is natural to suppose that the public may be found. Such as car parks, lay-bys, loading bays, private roads through trading or industrial estates…’. Therefore, this triggers the need for Road Traffic Act cover.

The above only touches very briefly on a few of areas of Health and Safety law. Further details of legislation applicable to businesses and property owners may be found on the HSE website and at https://www.gov.uk/guidance/business-regulation-guidance-and-tools

We would also recommend signing up to the HSE email briefings: Subscribe to HSE eBulletins here for free HSE updates.

Most businesses and property owners will need to comply with additional legislation including (but not limited to):

• Health and Safety Law (as the above only notes a few examples)
• Employment Law
• Data Protection
• Online and Distance Selling
• Environmental Laws