Health and Safety at Work: Protecting the Police
| Author | Geoff Holgate |
| Published date | 01 October 1999 |
| Date | 01 October 1999 |
| DOI | http://doi.org/10.1177/0032258X9907200407 |
| Subject Matter | Article |
GEOFF HOLGATE
HEALTH AND SAFETY AT WORK:
PROTECTING THE POLICE
The Police (Health and Safety) Regulations 1999, which came into
force on April 14, 1999, ensure that police officers will now be fully
covered by health and safety legislation and complete the process which
looks at the overall picture.
Introduction
The 1972 Report
of
the Roben Committee on Safety and Health at
Work,Iwhich was the blueprint for the Health and Safety at Work etc.
Act 1974 (HSWA) and much of the superstructure surrounding it,
thought, when considering the application and scope of new health and
safety legislation, that such legislation "should be so framed as to bring
within its scope all workpeople whatever they do and wherever they
work, to the extent that this can be achieved in a realistic manner,"? The
Committee therefore went on to recommend that the scope
of
the new
legislation should extend to all employers and employees except in
circumstances where they are specifically excluded."?
On that, the Committee stated that: "[Sjome general exclusions may
be necessary to avoid entanglement in situations which are manifestly
not susceptible to control by occupational safety legislation, or to avoid
overlap with other bodies of legislation.?' Utilizing those criteria, the
Committee concluded that there were two main areas for exclusion,
namely, the normal use of the highway, and private domestic service.'
The Committee then turned its attention to cases where special
considerations might apply.
These embraced transport workers whilst actually engaged in
transport operations, hospitals and educational establishments, and
educational research laboratories. Here, the Committee decided that the
proposed legislation should not apply to the former category, and that
special provision should be made in respect of the latter three
categories,"
The Robens Report clearly devoted a great deal of attention to the
not inconsiderable problems of the scope and application of new health
and safety. It is therefore surprising that the report makes no mention
whatsoever of the police service in this context,' since the special nature
of their duties and the risks that they may face plainly posed difficulties
here.
The Health and Safety at Work etc. Act 1974
Notwithstanding the recommendations contained in the Robens Report,
the HSWA contained only one specific exclusion from its
application-
October 1999 The Police Journal 325
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