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The Health and Safety (Training for Employment) Regulations 1990

S.I. 1990/1380 · Made 3 July 1990 · Extends to England, Wales and Scotland

Up to date with all changes known to legislation.gov.uk, revised to 1 October 2014.

HEALTH AND SAFETY

Made 3rd July 1990

Laid before Parliament 16th July 1990

Coming into force 8th August 1990

The Secretary of State, in exercise of the powers conferred on him by section 52(2) and (3) of the Health and Safety at Work etc. Act 1974f1 (“the 1974 Act”) and of all other powers enabling him in that behalf and for the purpose of giving effect without modifications to proposals submitted to him by the Health and Safety Commission under section 11(2)(d) of the 1974 Act, after the carrying out by the said Commission of consultations in accordance with section 50(3) of that Act, hereby makes the following Regulations:C1C2C3

Annotations to the whole text

Modifications

C1

Regulations extended (1.10.1996) by The Health and Safety (Consultation with Employees) Regulations 1996 (S.I. 1996/1513), regs. 1, 10 (with reg. 12)

C2

Regulations extended (15.11.2000) by The Genetically Modified Organisms(Contained Use) Regulations 2000 (S.I. 2000/2831), regs. 1, 26(1)(b) (with reg. 30)

C3

Regulations extended (1.10.2014) by The Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663), reg. 30(2)(b) (with reg. 3(1)(2))

Footnotes

f1

1974 c. 37; sections 50 and 52 were amended by the Employment Protection Act 1975 (c. 71), Schedule 15, paragraphs 16 and 17 respectively.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Meaning of “work” and “at work”
  4. 4Meaning of “employee”, “employer” etc.
  5. 5Revocation
  6. Signature
  7. Explanatory note

1Citation and commencementI1

These Regulations may be cited as the Health and Safety (Training for Employment) Regulations 1990, and shall come into force on 8th August 1990.

2InterpretationI1

In these Regulations, unless the context otherwise requires—

  • “the 1974 Act” means the Health and Safety at Work etc. Act 1974;

  • “educational establishment” means a university, polytechnic, college, school or similar educational or technical institute;

  • “relevant training” means work experience provided pursuant to a training course or programme, or training for employment, or both, except if—

    1. (a)

      the immediate provider of the work experience or training for employment is an educational establishment and it is provided on a course run by the establishment; or

    2. (b)

      received under a contract of employment.

3Meaning of “work” and “at work”I1

For the purposes of Part I of the 1974 Act—

(a)

the meaning of the word “work” shall be extended to include relevant training;

(b)

a person provided with relevant training is at work throughout the time when he would be in the course of his employment if he were receiving such training under a contract of employment, but not otherwise, and the meaning of “at work” shall be so extended;

and in that connection, in the other relevant statutory provisions, “work” and “at work” shall be construed accordingly.

4Meaning of “employee”, “employer” etc.I1

For the purposes of the relevant statutory provisions a person provided with relevant training shall be treated as being the employee of the person whose undertaking (whether carried on by him for profit or not) is for the time being the immediate provider to that person of the training; and “employee”, “worker”, “employer” and related expressions in those provisions shall be construed accordingly.

5RevocationI1

The Health and Safety (Training for Employment) Regulations 1988f1 and the Health and Safety (Training for Employment) (Amendment) Regulations 1989f2 are hereby revoked.

Signature

Signed by order of the Secretary of State.

Patrick Nicholls

Parliamentary Under Secretary of State,

Department of Employment

Explanatory note

(This note is not part of the Regulations)

These Regulations give the protection for and duties of employees under the relevant statutory provisions as defined in the Health and Safety at Work etc. Act 1974 to those who are provided with “relevant training” as defined in regulation 2.

For the purposes of the relevant statutory provisions, regulation 3 extends the meaning of “work” and “at work” to include relevant training as defined in regulation 2; and regulation 4 provides that the trainee shall be treated as if he were the employee of the person whose undertaking is the immediate provider of the training.

The Regulations do not apply if the immediate provider of the relevant training is an educational establishment and it is provided on a course run by the establishment nor if the training is received under a contract of employment.

Regulation 5 revokes the Health and Safety (Training for Employment) Regulations 1988 and the Health and Safety (Training for Employment) (Amendment) Regulations 1989.