Sources of Obligation

Terminology and structure differ between jurisdictions, but HSE obligations generally come from a consistent set of sources. This course describes the common pattern; always verify the specifics for your own jurisdiction.

The sources

• Primary legislation — a principal act setting broad duties on employers, employees and others, usually expressed as goals rather than methods.
• Secondary legislation — regulations made under the act, dealing with specific hazards or activities in more detail: hazardous substances, work at height, noise, machinery, major hazards, waste, emissions.
• Approved codes and official guidance — describing accepted means of compliance. Codes frequently have a special status: following them is normally sufficient, and departing from them requires demonstrating an equally effective alternative.
• Standards — national and international technical standards which may be referenced by legislation or used as evidence of good practice.
• Case law — judicial interpretation of what the duties mean in practice.
• Contractual and other requirements — client requirements, insurer conditions, planning conditions and corporate commitments, which are not law but are enforceable in their own way.

Civil and criminal

Two distinct routes usually operate. Criminal proceedings are brought by a regulator or prosecutor for breach of statutory duty, punishing the failure whether or not anyone was harmed. Civil claims are brought by an injured person seeking compensation, requiring proof of harm caused by a breach of duty. The same incident can produce both, with different standards of proof and different consequences.