Workplace (Health, Safety and Welfare) Regulations 1992

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Workplace (Health, Safety and Welfare) Regulations 1992
Statutory Instrument
Royal Coat of Arms of the United Kingdom (variant 1, 1952-2022).svg
Citation SI 1992/3004
Introduced by Patrick McLoughlin (Department of Employment)
Territorial extent United Kingdom; overseas [1]
Dates
Made1 December 1992
Commencement 1 January 1996;29 years ago (1996-01-01)
Other legislation
Made under Health and Safety at Work etc. Act 1974
Transposes Directive 89/654/EEC
Status: Current legislation
Text of statute as originally enacted

The Workplace (Health, Safety and Welfare) Regulations 1992 (SI 1992/3004), a United Kingdom statutory instrument, stipulate 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implemented European Union directive 89/654/EEC on minimum safety and health requirements for the workplace and repealed and superseded much of the Factories Act 1961 and Offices, Shops and Railway Premises Act 1963. [2]

Contents

Since 31 December 1995, all new and existing workplaces have had to comply with these regulations. [3]

Breach of the regulations by an employer, controller of work premises or occupier of a factory is a crime, punishable on summary conviction or on indictment with an unlimited fine. [4] Either an individual or a corporation can be punished [5] and sentencing practice is published by the Sentencing Guidelines Council. [6] Enforcement is the responsibility of the Health and Safety Executive (HSE) or in some cases, local authorities. [7]

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. [8] The regulations do not provide any rights of action for members of the public. [9]

Premises to which regulations apply

The regulations apply to all workplaces as well as ships, construction sites or mines and quarries. The regulations have limited application to temporary workplaces, transport and agriculture (reg.3). They do not apply in respect of exceptions in the EU directive: [2]

The Secretary of State for Defence may exempt premises on grounds of national security (reg.26). [10]

Requirements

The regulations impose requirements with respect to:

Northern Ireland

The provisions were simultaneously extended to Northern Ireland by the Workplace (Health, Safety and Welfare) Regulations (Northern Ireland) 1993, [12] made under the Health and Safety at Work (Northern Ireland) Order 1978. [13]

References

  1. Health and Safety at Work etc. Act 1974, s.84; reg.12
  2. 1 2 Office of Public Sector Information (1992). "Workplace (Health, Safety and Welfare) Regulations 1992 - Explanatory Note" . Retrieved 19 April 2008.
  3. , "HR Services The Occupational Health and Safety Unit".
  4. Health and Safety at Work etc. Act 1974, ss.33(1)(c), 33(3)
  5. Interpretation Act 1978, s.5
  6. "(K) Miscellaneous offences - Health and Safety offences". Guideline Judgements Case Compendium. Sentencing Guidelines Council. 2005. Retrieved 8 March 2008.
  7. Health and Safety at Work etc. Act 1974, s.18
  8. HSE (2004)
  9. Ricketts v. Torbay Council [2003] EWCA Civ 613, delivered 27 March 2003
  10. UK Legislation, Workplace (Health, Safety and Welfare) Regulations 1992, Regulation 26, accessed 23 August 2023
  11. Health and Safety Executive, Lighting at Work, HSG38, second edition, published 1997, accessed 29 November 2023
  12. SR 1993/37
  13. SI 1978/1039 (NI 9)

Bibliography