INTRODUCTION
There is no legal definition of 'information', 'instruction' or 'training' but in practice:
- information means providing factual material which tells people about risks and precautions
- instruction means telling people what they should do; and
- training means helping them learn how to do it, but can include giving information and instruction.
The law places duties to provide information, instruction and training on those best placed to carry them out i.e. mainly employers, by also some on the self-employed, employees and occupiers amongst others. As a general rule, whoever has control of the hazard should normally provide the information and instruction; where the duty may be duplicated, the individuals should co-operate and come to an arrangement to avoid both providing the same information.
LEGAL DUTIES
The Health and Safety at Work etc Act 1974 (HSW Act) and the
Management of Health and Safety at Work Regulations 1992 (the Management Regulations) place general duties on employers and others to provide information, instruction and training in order to ensure health and safety. This must be done, by competent persons. Some regulations address specific hazards and require associated information and training. Where such specific requirements overlap, compliance with the most detailed regulations will probably suffice.
EMPLOYERS DUTIES
To employees
(a) To provide relevant and comprehensible information about:
- risks to health and safety
- preventive and protective measures
- emergency/evacuation procedures
- health and safety law (via a poster or leaflet)
(b) To provide adequate health and safety training on induction and as required (including refresher training where appropriate). Some regulations may specify the content of training. To other employees
Where workplaces are shared, each employer must take all reasonable steps to inform the other employers concerned of the risks to their employees' health and safety arising from work activities as part of his/her business. (Reg. 9 of the 'Management' Regulations 1992)
To non-employees
To provide information, instruction and training where necessary for health and safety (general requirement of Section 3 of HSW Act or more specific requirement of legislation (e.g. COSHH Regs 1994) so far as is reasonably practicable. The Management Regulations specify that health and safety training must be provided on recruitment, on exposure to new or increased risks, and be repeated periodically where appropriate.
FURTHER ADVICE
Leaflet IND (G)235L 'A guide to information, instruction and training' contains a very useful tabulated summary of duties to provide information, instruction and training contained within legislation including the following:-
- Management of Health and Safety at Work Regulations 1992
- Manual Handling Operations 1992
- Provision and Use of Work Equipment Regulations 1992
- Personal Protective Equipment Regulations 1992
- Health and Safety (Display Screen Equipment) Regulations 1992
- COSHH 1994
- Noise at Work Regulations 1989
- Health and Safety (First Aid) Regulations 1981
- Electricity at Work Regulations 1989
- Safety Reps and Safety Committees Regulations 1977
- Health and Safety (Safety Signs and Signals) Regulations 1995
- Health and Safety Information for Employees Regulations 1989