HC Deb 18 December 1975 vol 902 cc727-33W
Mr. Rose

asked the Secretary of State for Employment whether any Orders-in-Council have been made under Section 84(3) of the Health and Safety at Work etc. Act 1974.

Mr. Harold Walker

No.

Mr. Rose

asked the Secretary of State for Employment how many appeals have been made to industrial tribunals, and with what results, under the provisions of the Health and Safety at Work etc. Act.

Mr. Harold Walker

I am informed by the Chairman of the Health and Safety Commission that to the end of September there had been 26 sets of notices issued by the Health and Safety Executive, which had been the subject of appeal.

The subjects of the appeals included one or more of the following matters: (a) the period given; (b) the requirement of the notice; and (c) the issue of the notice.

The results of appeals are as follows:

  1. (a)16 appeals were withdrawn before or during the hearing.
  2. (b)In five appeals an extnsion was agreed or given.
  3. (c)In five cases the notice was upheld without modification.

There have been four appeals against notices issued by local authorities. The results were as follows:

  1. (a)one appeal dismissed;
  2. (b)one notice modified by the Tribunal;
  3. (c)one notice suspended for a period by the Tribunal; and
  4. (d)one appeal withdrawn before hearing.

Mr. Rose

asked the Secretary of State for Employment what is the average period of time between the date when the notice is served and the date the appeal is heard in cases brought before industrial tribunals under the Health and Safety at Work etc. Act 1974.

Mr. Harold Walker

I am informed by the Chairman of the Health and Safety Commission that the average time between the date of issue of a notice and the date of a hearing of an appeal by the Industrial Tribunal has been 41 days. This includes the period of up to 21 days during which an appeal may be entered.

Mr. Rose

asked the Secretary of State for Employment what progress has been made towards deciding grounds for making exemptions under Section 5(a) of the Health and Safety at Work etc. Act.

Mr. Harold Walker

I assume the hon. Member is referring to Section 15(5)(a). The Chairman of the Health and Safety Commission informs me that exemption regulations relating to a class of persons, premises or activities have been made in a limited number of cases, after consultation, to make suitable legislative provision where the particular circumstances rendered the existing statutory requirement inappropriate.

Mr. Rose

asked the Secretary of State for Employment how many improvement and prohibition notices have been served under the Health and Safety at Work etc. Act 1974; what has been their effect; and what action was taken in cases of breach.

Mr. Harold Walker

I am informed by the Chairman of the Health and Safety Commission that up to 30th November 1975, 3,872 improvement notices and 2,022 prohibition notices had been issued by inspectors of the Health and Safety Executive. The number of notices issued by local authorities is not known.

The effect of the notices can only be given in qualitative terms. In the opinion of the inspectors of the Health and Safety Executive the use of the notice procedure has been effective.

So far reports have been received of 15 prosecutions, with 22 separate charges, heard for failure to comply with notices and instituted by inspectors of the Health and Safety Executive. Convictions resulted in each case.

Mr. Rose

asked the Secretary of State for Employment whether there have been any cases where an employee has been injured and has sued his employer, who in turn, has been able to make the safety representative partly liable for compensation under the Health and Safety at Work etc. Act 1974.

Mr. Harold Walker

No such civil actions are known to the Health and Safety Commission.

Mr. Rose

asked the Secretary of State for Employment whether there have been any prosecutions of employees under Section 7 of the Health and Safety at Work etc. Act 1974.

Mr. Harold Walker

I am informed by the Chairman of the Health and Safety Commission that there have been no prosecutions of employees under Section 7 of the Health and Safety at Work etc. Act 1974.

Mr. Rose

asked the Secretary of State for Employment whether Section 15(3)(a) of the Health and Safety at Work etc. Act 1974 has been used to date in order to repeal or modify any existing statutory provisions.

Mr. Harold Walker

Yes. 29 sets of regulations have been made under that power.

Mr. Rose

asked the Secretary of State for Employment what regulations have been made under Section 15 of the Health and Safety at Work etc. Act 1974; and whom the commission consulted before submitting proposals for regulations to him.

Mr. Harold Walker

The following regulations have been made under Section 15 of the Health and Safety at Work etc. Act 1974:

1974:
No.
1775 The Anthrax Prevention Act 1919 (Repeals and Modifications) Regulations 1974.
1821 The Radioactive Substances Act 1948 (Modification) Regulations 1974.
1840 The Hydrogen Cyanide (Fumigation) Act 1937 (Repeals and Modifications) Regulations 1974.
1841 The Celluloid and Cinimatograph Film Act 1922 (Repeals and Modifications) Regulations 1974.
1885 The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) Regulations 1974.
1886 The Boiler Explosions Acts 1882 and 1890 (Repeals and Modifications) Regulations 1974.
1941 The Factories Act 1961 etc. (Repeals and Modifications) Regulations 1974.
1942 The Petroleum (Regulation) Acts 1928 and 1936 (Repeals and Modifications) Regulations 1974.
1943 The Offices, Shops and Railway Premises Act 1963 (Repeals and Modifications) Regulations 1974.
1986 The Pipe-lines Act 1962 (Repeals and Modifications) Regulations 1974.
2011 The Coal Industry Nationalisation Act 1946 (Repeals) Regulations 1974.
2012 The Ministry of Fuel and Powr Act 1945 (Repeal) Regulations 1974.
2013 The Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1974.
2056 The Nuclear Installations Act 1965 etc. (Repeals and Modifications) Regulations 1974.
2166 The Explosives Acts 1875 and 1923 etc. (Repeals and Modifications) (Amendment) Regulations 1974.
2170 Clean Air Enactments (Repeals and Modifications) Regulations 1974.
1975
No.
45 The Agriculture (Poisonous Substances) Act 1952 (Repeals and Modifications) Regulations 1975.
46 The Agriculture (Safety, Health and Welfare Provisions) Act 1956 (Repeals and Modifications) Regulations 1975
282 The Health and Safety (Agriculture) (Poisonous Substances) Regulations 1975.
*303 The Protection of Eyes (Amendment) Regulations 1975.
*1011 The Offices, Shops and Railway Premises Act 1963 (Repeals) Regulations 1975.
*1012 The Factories Act 1961 (Repeals) Regulations 1975.
1078 The Shilbottle Mine (Endless Rope Haulage) (Revocation) Regulations 1975.
*1079 The Polmaise 3/4 Mine (Nos. 3 and 5 Shafts) Regulations 1975.
*1102 The Mines and Quarries Acts 1954 to 1971 (Repeals and Modifications) Regulations 1975.
*1394 The Gartmorn Mine (Precautions against Inrushes) (Amendment) Regulations 1975.
*1395 The Westoe Mine (St. Hilda Shaft) Regulations 1975.
*1433 The Coal Mines (Respirable Dust) Regulations 1975.
*1519 The Haig Mine (Thwaites Shaft) Regulations 1975.
*1621 The Conveyance of Explosives by Road (Special Case) Regulations 1975.
*1632 The Killoch Mine (Electric Lighting) Regulations 1975.
*1633 The Bagworth Mine (Precautions Against Inrushes) (Revocation) Regulations 1975.
*1676 The Bolsover Mine (Electric Lighting) Regulations 1975.
*1677 The Ellistown Mine (Electric Lighting) Regulations 1975.
*1678 The Parsonage Mine (Electric Lighting) Regulations 1975.
*1679 The Brodsworth Mine (Electric Lighting) Regulations 1975.
*1695 The Baking and Sausage Making (Christmas and New Year) Regulations 1975.
*1819 The Daw Mill Mine (Electric Lighting) Regulations 1975.
*1820 The Rawdon Mine (Electric Lighting) Regulations 1975.
*1821 The Hapton Valley Mine (Electric Lighting) Regulations 1975.
*1822 The Newdigate Mine (Electric Lighting) Regulations 1975.
*1823 The Chatterley-Whitfield Mine (Electric Lighting) Regulations 1975.
*1886 The Harworth Mine (Nos. 1 and 2 Shafts) Regulations 1975.

Regulations which were made following proposals submitted by the Commission are indicated by an asterisk.

The composite list below shows the bodies consulted by the Commission in respect of one more of the asterisked regulations.

  • Agriculture, Fisheries and Food, Ministry of.
  • Civil Service Department.
  • Customs and Excise.
  • Defence, Ministry of.
  • Education and Science, Department of.
  • Employment, Department of.
  • Energy, Department of.
  • Environment, Department of the.
  • Health and Social Security, Department of.
  • Home Office.
  • Industry, Department of.
  • Lord Advocate's Department.
  • Lord Chancellor's Office.
  • National Radiological Protection Board.
  • Prices and Consumer Protection, Department of.
  • Scottish Office.
  • Trade, Department of.
  • Treasury HM.
  • Welsh Office.
  • CBI.
  • TUC.
  • Association of British Chambers of Commerce.
  • Association of County Councils in Scotland.
  • Association of District Councils.
  • Association of Metropolitan Authorities.
  • Association of Mining Electrical and Mechanical Engineers.
  • Association of Public Health Inspectors.
  • Bakers Union.
  • British Association of Colliery Management.
  • British Ball Clay Producers' Federation Ltd.
  • British Electrical and Allied Manufacturers Association Ltd.
  • British Insurance Association.
  • British Quarrying and Slag Federation Ltd.
  • British Steel Corporation.
  • Chalk Quarrying Association.
  • China Clay Association.
  • Convention of the Royal Burghs of Scotland.
    • 732
  • Cornish Chamber of Mines.
  • Council of Underground Machinery Manufacturers.
  • County Councils Association.
  • District Councils Association for Scotland.
  • Federation of Bakers.
  • Federation of Civil Engineering Contractors.
  • Federation of Manufacturers of Construction Equipment.
  • Federation of Small Mines of Great Britain.
  • Federation of Trade Unions of Salt Workers, Alkali Workers, Mechanics and General Labourers.
  • Institution of Electrical Engineers.
  • Institution of Mining Engineers.
  • Institute of Petroleum.
  • Institute of Quarrying.
  • Institute of Shops Acts Administration.
  • Lighting Industry Federation.
  • Lloyds'.
  • London Boroughs Association.
  • Master Bakers Association.
  • Meat Manufacturers Association.
  • Mid-Cheshire Salt and Chemical Industry Allied Workers' Union.
  • Miners' Lamp Manufacturers Association.
  • National Association of Colliery Managers Ltd.
  • National Association of Colliery Overmen, Deputies and Shotfirers.
  • National Association of Local Councils.
  • National Coal Board.
  • National Federation of Clay Industries.
  • National Union of Blastfurnacemen, Ore Miners, Coke Workers etc.
  • National Union of General and Municipal Workers.
  • National Union of Mineworkers.
  • Royal Institution of Chartered Surveyors.
  • Sand and Gravel Association of Great Britain.
  • Scottish Association of Master Bakers.
  • Scottish Counties and Cities Association.
  • Scottish Institute of Environmental Health.
  • Trade Union Side of the JIC for Food Manufacturers Industrial Group.
  • Transport and General Workers Union.

Mr. Rose

asked the Secretary of State for Employment how many prosecutions have been brought under Sections 2 to 7, and how many under Sections 8 or 9 of the Health and Safety at Work &c. Act 1974; how many of these were summary convictions; how many on indictment; and what penalties were imposed.

Mr. Harold Walker

I am informed by the Chairman of the Health and Safety Commission that the number of prosecutions shown in the table below have been reported as taken by inspectors of the Health and Safety Executive.

Section of HSW Act 1974 Number of Informations Laid Number of Convictions Obtained Number of Informations Withdrawn
2 to 7 28 26 2
8 Nil — —
9 Nil — —

Twenty-seven prosecutions were taken summarily and one on indictment. The penalties ranged between £10 and £400. The prosecution on indictment was taken under Section 2 and a penalty of £400 was awarded. No information of prosecutions by local authorities is yet available.

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