Defining Regulations, Approved Codes of Practice and Guidance
Many of our clients at UKASL find navigating health & safety requirements quite challenging.
Common questions include:
’Do we have to do this?’
‘Is this OK? Will it comply with the law?’
‘Does the law require this?’
‘What will happen if I do it this way?’
To assist you, here is some essential clarification to help you understand the key differences between regulations, approved codes of practice, and guidance.
What are Regulations? – Regulations are laws approved by Parliament, often made under the Health and Safety at Work Act, following proposals from the HSE Board. This includes regulations based on EC Directives as well as those developed domestically.
The Health and Safety at Work Act and the general duties in the Management Regulations are goal-setting and allow employers the freedom to determine how to control identified risks. Guidance and Approved Codes of Practice provide advice. However, some risks are so significant, or the correct control measures so costly, that it wouldn't be appropriate to leave employers discretion in deciding what to do. Regulations identify these risks and specify explicit actions that must be taken. Often, these requirements are absolute and must be followed without consideration of whether it is reasonably practicable.
What are Approved Codes of Practice? – Approved Codes of Practice provide practical examples of good practice and advice on complying with the law. For instance, if regulations use terms like ‘suitable and sufficient’, an Approved Code of Practice can demonstrate what this entails in specific circumstances. They hold special legal status. If an employer is prosecuted for breaching health and safety law and it's proven they haven't followed the relevant Approved Code of Practice, they may be found at fault unless they can demonstrate compliance with the law through other means. The HSC, after consultation in 1995, concluded that Approved Codes of Practice could still support legal duties in specific situations.
What is Guidance? – Guidance can be industry-specific or pertain to a particular process used across various industries. Its main purposes are:
1. Interpretation – helping people understand the law;
2. Compliance – assisting people in abiding by the law;
3. Technical advice – offering industry-specific knowledge.
Following guidance is not mandatory, and employers are free to take alternative actions. However, adhering to guidance usually means compliance with the law.
This information should help clarify some of the uncertainties you may have regarding health & safety obligations. At UKASL, we are committed to offering expert guidance and training in asbestos awareness and safety. Our courses, accredited by IATP, RoSPA, ASPS, and UKATA, are designed to ensure you are fully informed and compliant with health and safety laws. For more information about our online and onsite courses, including the 'Duty to Manage Asbestos (Appointed Person)' training and the 'UKATA & IATP Non-Licensed Asbestos Removal Course', please visit our websites: Online Asbestos Awareness Courses, Onsite Asbestos Awareness Courses, Duty to Manage Asbestos Training, and UKATA & IATP Non-Licensed Asbestos Removal Course. Our aim is to help you navigate the complexities of health and safety regulations with confidence and ease.