Consultation on updating the Health and Safety at Work etc Act 1974

Overview

The Health and Safety at Work etc. Act 1974 ('the Act') as applied to the Isle of Man by the Health and Safety at Work Order 1998 (the 1998 Order) is the primary piece of health and safety legislation on the Isle of Man.

Since its introduction, the UK have made several amendments to the Act.

As our application of the UK Act was 'fixed' at the point it was last applied (i.e. 1998) our applied Act has fallen out of step with the UK’s Act. 

This application is being made to update of our Act and bring it in line with the current UK Act.

Why your views matter

As the Island’s primary piece of Health and Safety legislation all duty holders are already familiar with its contents and requirements. These updates do not add to the requirements for businesses.

We are consulting to ensure that all duty holders have the opportunity to make comment on or suggest proposed amendments and so that industry are aware of the changes to the current Act.

The proposed changes to legislation include:

• Section 5 – to be removed as this is unenforceable because the underlying legislation, that prescribed the specific premises this section applied to, has been repealed
   
• Section 6 – amended to include manufacturers of and operators of fairground equipment
   
• Section 28 – modified to update the provisions with regard to the Island’s Freedom of Information Act 2015
   
• Section 51A – applied to establish the Chief Constable as the employer of police officers, special constables and police cadets for the purposes of the Act

What happens next

Once the results of the consultation have been received, the Health and Safety at Work Inspectorate will liaise with the Attorney Generals Chambers to see whether any changes need to be made to the proposed legislation.