Health and Safety at Work etc. Act 1974 (HSWA) Explained

What is Health and Safety at Work etc. Act 1974?

The Health and Safety at Work etc. Act 1974 (HSWA) is the cornerstone of Occupational Health and Safety (OHS) laws in the United Kingdom. Enforced by the Health and Safety Executive (HSE), it outlines the employers’ responsibilities to ensure the well-being of their workforce and the public. It also defines employee duties to protect themselves and those around them. As the bedrock of OHS, it creates a system for developing specific rules and guidelines to address particular risks or industries.

Importance

The 1974 iteration of the UK health and safety regulations emphasized shared responsibility, establishing clear and enforceable duties for both employers and employees to address workplace hazards. It also introduced the principle of proactive risk management in OHS, endorsing safe work systems, targeted training, control equipment, and secure environments.

The Health and Safety at Work etc. Act 1974 significantly improved workplace safety since then, evidenced by the following numbers:

• 73% reduction of fatal injuries

• 70% reduction of non-fatal injuries

• Britain had the lowest fatal injury rate in the European Union in 2003

The strength of the HSWA lies in its flexibility, empowering the HSE to respond to emerging hazards and developments in new industries. This adaptable framework led to the creation of more specific legislation, such as the Provision and Use of Work Equipment Regulations (PUWER) 1998, the Control of Substances Hazardous to Health (COSHH) 2002, and the Control of Asbestos Regulations 2012.

What does the Health and Safety at Work Act 1974 Cover?

The six key areas of HSWA provide a robust and flexible framework for overseeing health and safety across all work environments. In addition to clarifying the responsibilities of employers and employees, it also extends protection to the general public.

Employer duties to employees

Employers have a legal duty to ensure employee health, safety, and welfare while at work. This fundamental responsibility plays a crucial role in preventing work-related accidents, illnesses, and fatalities.

Health and Safety at Work Act etc. 1974 Employers’ Responsibilities:

• Provide and maintain safe work systems.

• Ensure safe use, handling, and storage of substances.

• Maintain a safe working environment (e.g., clear walkways, proper ventilation).

• Offer appropriate Personal Protective Equipment (PPE) and ascertain its use.

Protection of non-employees and the public

Workplace risks aren't always limited to employees, especially in industries that interact with the public, like construction, retail, or utilities. This law ensures work doesn't pose health and safety risks to anyone else, offering protection to the general public. Here are some ways to ensure this:

• Provide safety induction and appropriate PPE to visitors.

• Control emissions or noise that could affect nearby residents.

• Put up barriers and signage near hazardous areas.

Employee duties

Safety is a shared responsibility. According to the HSWA, employees should uphold the culture of safety by following established rules, reporting hazards, and sharing comments and recommendations about the operational systems in the workplace.

Health and Safety at Work Act etc. 1974 Employees’ Responsibilities:

• Take reasonable care for their own and others’ safety.

• Cooperate with employers on health and safety procedures.

• Report near misses or unsafe conditions.

Information, training, and supervision

Workers simply can't meet safety requirements or effectively respond to hazards without proper training and guidance. As a fundamental principle of the law, employers are obligated to ensure their workers acquire safety education, develop competence, and receive on-the-job support to perform their duties safely. Here are some helpful tips:

• Deliver training on equipment operation, manual handling, and hazard recognition.

• Provide clear, written instructions about emergency procedures.

• Supervise new hires, young workers, and anyone working in high-risk environments.

Welfare provisions and safe work environment

Good working conditions support physical and mental well-being, reduce absenteeism, and contribute to productivity. This obligation must also be fulfilled by employers, per the law. Here are some examples of welfare provisions:

• Drinking water

• Sanitary convenience and washing facilities (e.g., toilets, washrooms, soap, towels)

• Changing rooms and rest areas

• Kitchen facilities and dining areas

• First aid provisions

Health and safety policy and consultation

Policies provide structure and accountability. A must-have for companies with five or more employees, the Safety Management System (SMS) outlines the organization’s approach to managing health and safety and details how risks should be controlled.

Consultation is vital because workers should have a say in decisions that affect their well-being. They should be included in discussions about safety protocols so employers can design practical and effective controls based on employee input.

Enforcement Mechanisms for Compliance

The HSE is the main agency that enforces HSWA and other regulations under it. Industry-specific regulatory bodies work alongside the HSE to ensure compliance through the following:

• Workplace inspections are routine, unannounced visits to evaluate working conditions, management systems, employee practices, and overall risk control.

• Improvement notices are official written documents that require employers to correct a safety breach within a set timeframe. Unless there's an immediate danger, operations can continue while these issues are being fixed.

• Prohibition notices are issued when there’s a serious risk of personal injury. This requires work to stop immediately.

• Investigation of incidents determines the causes of accidents, near misses, or occupational diseases. Regulatory officers assess legal breaches and recommend or enforce corrective measures.

• Prosecution and legal action hold dutyholders accountable in court for health and safety breaches. This aims to prevent more unsafe practices.

• Publicizing enforcement actions promotes transparency, warning others to avoid these breaches and encouraging compliance. Enforcement decisions are often shared on public databases or media.

• Monitoring and performance reviews are ongoing evaluations of the company’s safety performance, ensuring that compliance isn’t reactive after an incident but sustained.