Health and Safety at Work etc Act 1974 (HSWA)

The Health and Safety at Work etc Act 1974 (HSWA) is a statute created by an Act of Parliament, and its regulations, rules and orders come within the scope of the Act. Acts of Parliament are primary (principal) legislation, whereas regulations made under Acts are secondary, delegated legislation. An example of regulations with which we are all familiar is The Gas Safety (Installation and Use) Regulations 1998, which is secondary delegated legislation to the HSWA.

Failure to comply with duties in Acts or Regulations may result in fines, imprisonment or community orders.

Example

An engineer needs to install a flue. What are the regulations, guidance and standards that apply?

Above all, the HSWA states: “It shall be the duty of every employee while at work to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work”.

This is the Act, which is law. It is telling you to do your work safely – but it doesn’t tell you how to do it.

Next is the Regulation: the Gas Safety (Installation and Use) Regulations 1998 (GSIUR). Take Regulation 27(5) as an example of the task in hand. “No person shall install a flue other than in a safe position”.

Regulations are the law and must be followed.

The ACoP to this Regulation offers practical considerations for the positioning of the flue: “A flue (including any terminal) should be installed in a position which ensures that it will operate effectively and that products of combustion will safely disperse and not present a hazard to any person, whether in the premises where the associated appliance is installed (eg, by being located a safe distance from vents and openable windows), or in adjoining/neighbouring premises. The location needs to take into account any possible developments in neighbouring property, eg, building extensions.

“Any flue should therefore be sited to discharge at a safe distance from any boundary with adjoining premises (see also regulation 8). Refer to requirements in Building Regulations, appropriate standards and manufacturers’ instructions.

“A flue should not be sited in such a position where it cannot be subsequently examined.”

The information in the ACoP is far more useful in helping you  decide where the flue should be located to ensure compliance with the ‘safe position’ requirement. However, it does not give the engineer the details needed such as how to actually fit the flue together and the safe distances referred to in the ACoP.

Remember, the ACoP has a special legal status. If you are prosecuted, and it is proved that you did not follow the relevant provisions of the Code, you will need to show that you have complied with the law in another way.

For help in locating the flue at a safe distance, you should refer to industry/appropriate standards – the main source of information being the appliance instructions, followed by British Standards/ IGEM documents/UKLPG, etc. These will stipulate the minimum distances.

Remember, these are minimums and you will still need to use your skill and experience to judge that these distances mean the flue is in a safe position.

These documents carry NO legal status – you will never be prosecuted for failing to follow the information in a standard, but they will be used to assess compliance.

A list of appropriate standards, ACoPs, guidance and other relevant information sources can be found on the Gas Safe Register website in the Legislative, normative and informative document list at www.gassaferegister. co.uk/engineers. This information is updated and published every quarter in Registered Gas Engineer magazine.

Think of a standard in the same way as the Highway Code: you can’t be prosecuted under the Highway Code (the standard) but you can be prosecuted under the Road Traffic Act, if you don’t comply with the Highway Code as evidence.