Safety Manual
Section No. /

NOTTINGHAMSHIRE COUNTY COUNCIL

Health and Safety Legal and Other Requirements
Guidance /
A4

Health and Safety Legal and Other Requirements

Guidance

Contents

1.0INTRODUCTION3

2.0GUIDANCE

2.1Definitions3

2.2Accessing Relevant Legal and Other Requirements3

2.3Monitoring and Evaluation of Compliance4

3.0LEGAL FRAMEWORK 5

4.0REFERENCES 5

5.0DOCUMENT HISTORY5

Appendix 1:Register of the Main Acts and Legislation

Applicable to NottinghamshireCounty Council6

1.0INTRODUCTION

1.1This document outlines the mechanisms which are in place to meet the requirements outlined within the Corporate Health and Safety Policy and more specifically the Policy in relation to Health and Safety Legal and Other Requirements.

1.2The document describes the arrangements which are in place for identifying, accessing, updating and communicating legal and other requirements applicable to the health and safety aspects of the County Council’s activities.

1.3It should be read in conjunction with the following sections of the Safety Manual:

  • Section A3: Health and Safety Legislation and Enforcement in the UK – An introduction
  • Section A4: Policy for Health and Safety Legal and Other Requirements

2.0GUIDANCE

2.1Definitions

2.1.1Legal requirements are those requirements resulting from legislation, including statutes, regulations and codes of practice; decrees and directives; orders issued by regulators; permits, licences and other forms of authorisation; judgements of courts or administrative tribunals; and other treaties, conventions or protocols.

2.1.2Other Requirements includes both corporate requirements and any other requirements to which the organisation has committed to or voluntarily subscribed, e.g., contractual conditions; agreements with employees, agreements with interested parties, agreements with health authorities, non-regulatory guidelines, voluntary principles, best practices or codes of practice, public commitments of the organisation

2.2Identifying and Accessing Relevant Legal and Other Requirements

2.2.1A register of Acts and Statutes relevant to the County Council’s activities are contained in Appendix 1 of this document.

2.2.2Other applicable legislation, approved codes of practice, guidance notes or good practice publications are referred to within specific subject guidance documents contained in the County Council’s Safety Manual (under ‘Legal Requirements’ and ‘References’)

2.2.3The Principal Health and Safety Advisers will identify and reportnew and changed legal requirements to the Principal Health and Safety Advisers Strategic Development Forum.

2.2.4In addition to the legal register employees of the County Council have access to competent advice and support from the Health and Safety Team to help them in applying the provisions of health and safety law and any other health and safety requirements.

2.2.5Employees also benefit in terms of input for legal and other requirements from internal specialists which include, but are not limited to, the Human Resources Division, Property Services Division, Risk and Insurance Management Team and Legal Services Division.

2.2.6The Health and Safety Team and employees who have access to the intranet are facilitated in the process of identifying and accessing new or changed legislation by the County Council’s subscription to Technical Indexes which is available to all staff.

2.2.7Other external sources used to access relevant legislation and other requirements include, but is not limited to:-

  • The Institution of Occupational Safety and Health www.iosh.co.uk
  • The Health and Safety Executive www.hse.gov.uk
  • The Internet
  • Equipment manufacturers and materials suppliers
  • Regulators e.g. Nottinghamshire Fire and Rescue Service, Police Authority and Environment Agency
  • Participation in professional institutes and associations
  • Cross County and relevant cross service groups e.g.

Nottinghamshire Risk Management Group,

Counties Alliance Partnership

  • Contractors
  • Customers

2.3Monitoring and Evaluation of Compliance

2.3.1Nottinghamshire County Council will monitor and evaluate compliance both with legal requirements identified within this document, policy and guidance documents contained within the County Council’s Safety Manual and any local legal and other requirements which may be applicable to the operational activity.

2.3.2The policy and guidance for evaluating compliance is contained within Section A16 of the Safety Manual

3.0LEGAL FRAMEWORK

3.1The Management of Health and Safety at Work Regulations 1999 requires employers to have access to competent help in applying the provisions of health and safety law.

4.0REFERENCES

BS 18004 : 2008 Guide to Achieving Effective Occupational Health and Safety Performance

5.0DOCUMENT HISTORY

Document Owner: / Health and Safety Team
Document Originators: / Karen Thornton, Principal Health and Safety Adviser
Working Party Members: /
N/A
Document History: / First issued :02/06/10.
Location of Current Version: / Safety Manual : Policy and Guidance
Health and Safety Intranet web-site

Copies of this guidance can be made available in various formats e.g. Tape, Large print and Braille.
Issue No. 1
Revision No. / 1 of 5 / Date of issue: 02/06/10