Statutory Instrument | |
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Citation | SI 1992/3004 |
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Introduced by | Patrick McLoughlin (Department of Employment) |
Territorial extent | United Kingdom; overseas [1] |
Dates | |
Made | 1 December 1992 |
Commencement | 1 January 1996 |
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Text of statute as originally enacted |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implemented European Union directive 89/654/EEC on minimum safety and health requirements for the workplace and repealed and superseded much of the Factories Act 1961 and Offices, Shops and Railway Premises Act 1963.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]
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]
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]
The regulations impose requirements with respect to:
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]