|
The Workplace (Health, Safety and Welfare) 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 31 December 1995, all new and existing 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.〔Health and Safety at Work etc. Act 1974, (ss.33(1)(c), 33(3) )〕 Either an individual or a corporation can be punished〔Interpretation Act 1978, s.5〕 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.〔Health and Safety at Work etc. Act 1974, s.18〕 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.〔Health and Safety at Work etc. Act 1974, s.47〕 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.〔HSE (2004)〕 The regulations do not create duties to members of the public.〔''Ricketts v. Torbay Council'' () EWCA Civ 613〕 ==Premises to which regulations apply== The regulations apply to all workplaces save for ships, construction sites or mines 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:〔 *Stability and solidity; *Electrical installations; *Emergency routes and exits; *Fire detection and fire fighting; *Thermal insulation; and *First aid rooms or equipment. the Secretary of State for Work and Pensions, may exempt premises on grounds of national security (reg.26). 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Workplace (Health, Safety and Welfare) Regulations 1992」の詳細全文を読む スポンサード リンク
|