HEALTH AND SAFETY IN EMPLOYMENT ACT 1992
(this material largely from: hse-consolidated-23-01-04.pdf, a document developed by the Department of Labour as an information resource)
[5 Object of Act--
The object of this Act is to promote the prevention of harm to all persons at work and other persons in, or in the vicinity of, a place of work by—
being and work are as important as the well-being and work of employees; and
(f) recognising that successful management of health and safety issues is best achieved through good faith co-operation in the place of work and, in particular, through the input of the persons doing the work; and
(g) providing a range of enforcement methods, including various notices and prosecution, so as to enable an appropriate response to a failure to comply with the Act depending on its nature and gravity; and
(h) prohibiting persons from being indemnified or from indemnifying others against the cost of fines and infringement fees for failing to comply with the Act.]
(1) In this Act, all practicable steps, in relation to achieving any result in any circumstances, means all steps to achieve the result that it is reasonably practicable to take in the circumstances, having regard to—
(2) To avoid doubt, a person required by this Act to take all practicable steps is required to take those steps only in respect of circumstances that the person knows or ought reasonably to know about.]
1. Any of the following conditions that amounts to or results in permanent loss of bodily function, or temporary severe loss of bodily function: respiratory disease, noise-induced hearing loss, neurological disease, cancer, dermatalogical disease, communicable disease, musculoskeletal disease, illness caused by exposure to infected material, decompression sickness, poisoning, vision impairment, chemical or hot-metal burn of eye, penetrating wound of eye, bone fracture, laceration, crushing.
2. Amputation of body part.
3. Burns requiring referral to a specialist registered medical practitioner or specialist outpatient clinic.
4. Loss of consciousness from lack of oxygen.
5. Loss of consciousness, or acute illness requiring treatment by a registered medical practitioner, from absorption, inhalation, or ingestion, of any substance.
6. Any harm that causes the person harmed to be hospitalised for a period of 48 hours or more commencing within 7 days of the harm's occurrence.
7 Identification of hazards--
(1) Every employer shall ensure that there are in place effective methods for--
(2) Where there occurs any accident or harm in respect of which an employer is required by section 25(1) of this Act to record particulars, the employer shall take all practicable steps to ensure that the occurrence is so investigated as to determine whether it was caused by or arose from a significant hazard.
8 Significant hazards to employees to be eliminated if practicable--
Where there is a significant hazard to employees at work, the employer shall take all practicable steps to eliminate it.
9 Significant hazards to employees to be isolated where elimination impracticable--
10 Significant hazards to employees to be minimised, and employees to be protected, where elimination and isolation impracticable--
(2) The steps are--
15 Duties of employers to people who are not employees--
Every employer shall take all practicable steps to ensure that no action or inaction of any employee while at work harms any other person.
17 Duties of self-employed people--
Every self-employed person shall take all practicable steps to ensure thatno action or inaction of the self-employed person while at work harms the self-employed person or any other person.
18 Duties of principals--
(1) Every principal shall take all practicable steps to ensure that--
(a) No employee of a contractor or subcontractor; and
(b) If an individual, no contractor or subcontractor,--
is harmed while doing any work (other than residential work) that thecontractor was engaged to do.
(2) Subsection (1) of this section shall be read subject to section 2(2) of thisAct.
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