Health and Safety at Work Etc Act 1974

Section 2 General duties of employers to their employees

(1)     It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.

(2)     Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—

(a)   the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;

(b)   arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;

(c)   the provision of such information, instruction, TRAINING and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;

Management of Health and Safety at Work Regulations.

13 Capabilities and TRAINING

(1)     Every employer shall, in entrusting tasks to his employees, take into account their capabilities as regards health and safety.

(2)     Every employer shall ensure that his employees are provided with adequate health and safety TRAINING—

(a)   on their being recruited into the employer’s undertaking; and

(b)   on their being exposed to new or increased risks because of—

(i)      their being transferred or given a change of responsibilities within the employer’s undertaking,

(ii)      the introduction of new work equipment into or a change respecting work equipment already in use within the employer’s undertaking,

(iii)     the introduction of new technology into the employer’s undertaking, or

(iv)    the introduction of a new system of work into or a change respecting a system of work already in use within the employer’s undertaking.

(3)     The TRAINING referred to in paragraph (2) shall—

(a)   be repeated periodically where appropriate;

(b)   be adapted to take account of any new or changed risks to the health and safety of the employees concerned; and

(c)   take place during working hours.

Regulation 17 Information and TRAINING

(1)     The principal contractor appointed for any project shall ensure, so far as is reasonably practicable, that every contractor is provided with comprehensible information on the risks to the health or safety of that contractor or of any employees or other persons under the control of that contractor arising out of or in connection with the construction work.

(2)     The principal contractor shall ensure, so far as is reasonably practicable, that every contractor who is an employer provides any of his employees at work carrying out the construction work with—

(a)   any information which the employer is required to provide to those employees in respect of that work by virtue of [regulation 10 of the Management of Health and Safety at Work Regulations 1999]; and

(b)   any health and safety TRAINING which the employer is required to provide to those employees in respect of that work by virtue of [regulation 13(2)(b) of the Management of Health and Safety at Work Regulations 1999].

HEALTH AND SAFETY (TRAINING FOR EMPLOYMENT) REGULATIONS 1990

3 Meaning of ‘work’ and ‘at work’

 (a)  the meaning of the word ‘work’ shall be extended to include relevant TRAINING;

(b)   a person provided with relevant TRAINING is at work throughout the time when he would be in the course of his employment if he were receiving such TRAINING under a contract of employment, but not otherwise, and the meaning of ‘at work’ shall be so extended;

and in that connection, in the other relevant statutory provisions, ‘work’ and ‘at work’ shall be construed accordingly.

4 Meaning of ‘employee’, ‘employer’ etc

For the purposes of the relevant statutory provisions a person provided with relevant TRAINING shall be treated as being the employee of the person whose undertaking (whether carried on by him for profit or not) is for the time being the immediate provider to that person of the TRAINING; and ‘employee’, ‘worker’, ‘employer’ and related expressions in those provisions shall be construed accordingly.

Construction (Design and Management) Regulations

Regulation 11 Client to ensure information is available

(1)     Every client shall ensure that the planning supervisor for any project carried out for the client is provided (as soon as is reasonably practicable but in any event before the commencement of the work to which the information relates) with all information mentioned in paragraph (2) about the state or condition of any premises at or on which construction work included or intended to be included in the project is or is intended to be carried out.

(2)     The information required to be provided by paragraph (1) is information which is relevant to the functions of the planning supervisor under these Regulations and which the client has or could ascertain by making enquiries which it is reasonable for a person in his position to make.

17 Information and TRAINING

(1)     The principal contractor appointed for any project shall ensure, so far as is reasonably practicable, that every contractor is provided with comprehensible information on the risks to the health or safety of that contractor or of any employees or other persons under the control of that contractor arising out of or in connection with the construction work.

(2)     The principal contractor shall ensure, so far as is reasonably practicable, that every contractor who is an employer provides any of his employees at work carrying out the construction work with—

(a)   any information which the employer is required to provide to those employees in respect of that work by virtue of [regulation 10 of the Management of Health and Safety at Work Regulations 1999]; and

(b)   any health and safety TRAINING which the employer is required to provide to those employees in respect of that work by virtue of [regulation 13(2)(b) of the Management of Health and Safety at Work Regulations 1999.