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January 31, 2017

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Health and Safety at Work etc Act 1974 explained

A guide to the Health and Safety at Work etc Act 1974, the most important health and safety legislation in UK history.

The Health and Safety at Work etc Act 1974 (often abbreviated to HSWA or HSW), is the primary legislation covering occupational health and safety in the United Kingdom.

The Health and Safety Executive

The Health and Safety Executive is responsible for enforcing the Act.

What is the aim of the HSWA?

The aim of the HSWA is to ensure practical compliance and help organisations understand and implement an ‘organisational intent’ to support health and safety.

In particular the requirement for a health and safety policy enables the safety management structure to be publicised so all employees know how health and safety is dealt with. The duties are qualified with the words ‘so far as is reasonably practicable’, meaning employers can argue that the costs of a particular safety measure are not justified by the reduction in risk that the measure would produce. What it doesn’t mean, is that they can avoid their responsibilities simply by claiming that they cannot afford improvements.

Health and Safety at Work Definition

(Image: The Health and Safety at Work etc Act 1974)

For practical purposes, responsibility for the health and safety implications of work activity and employee welfare rests with the employer.

The law also imposes duties on contractors, designers, suppliers, importers and manufacturers of articles and substances used at work, and employees. The self-employed have parallel sets of duties and usually interact with employers in the role of contractors.

Definition supplied by Barbour EHS – the approved IOSH information service partner..

History of Health and Safety at Work Act

Jane White traces its origins, looks at its achievements and explains why it’s still relevant today.

The Health and Safety at Work etc Act is a pivotal piece of legislation, and try as politicians have to pull it apart, it has truly stood the test of time. Countless lives have been saved and many more workers have been protected from injury and illness because of it. As we look ahead to its 40th birthday, we see an oft-imitated system that is the envy of the world.

But this success story, one of triumph of morality over hard-nosed profiteering, cannot be told without mention of previous generations and the many millions of people whose experiences brought it about.

It begins in 1800. Imagine that you are six years old and working in a cotton mill. There is an outbreak of malignant fever, which leaves many around you dead or dying. Physician Thomas Percival studies this and sends his recommendations to parliament.

History of health and safety

The Health and Morals of Apprentices Act 1802, sometimes known as the Factory Act 1802, places orders upon cotton mill owners with regard to the treatment of apprentices (mostly children) and sets requirements for mill cleanliness.

Although the act was ineffective in its implementation, it did pave the way for future factory acts, which would regulate the industry. The factory acts were a series of acts passed by parliament to limit the number of hours worked by women and children, first in the textile industry, then later in all industries. This sets the backdrop to the eventual Health and Safety at Work Act 1974.

Then, in the 1880s, we see the emergence of the production line. Imagine you are now a factory worker regarded by your well-heeled employer as little more than a component in a machine. It is consequently a monotonous and inhumane daily existence, which begins and ends just beyond the factory wall in a back-to-back terrace house without a garden, built cheaply and unsafely. The co-location of tasks in the process of production has arrived.

Henry Ford

Next move forward three decades and across the Atlantic, from the Lancashire cotton mills to Henry Ford’s Detroit automobile plant. It is December 1913, and the eve of the first truly mechanised war. Your job at your work station is essentially one or two tasks on Ford’s rudimentary assembly line. Work is centred on repetition, fragmented experience and forensically monitored output. We begin to see an increasingly sophisticated division of labour. Perfection of this sequence resulted in the famous Model T Ford car.

Ford’s model of mass production was given its own name: Fordism. But the drive for increased production speeds resulted in a wide range of stress-related symptoms that became so familiar they also earned themselves a name: ‘Forditis’.

Health and Safety at Work Act 1974 - the UK's most important health and safety legislation

Health and Safety at Work Act 1974 – the UK’s most important health and safety legislation

In the 1936 dark comedy Modern Times, Charlie Chaplin is the personification of the cog in a machine, a factory worker employed on an accelerating assembly line, where he screws nuts at an ever-increasing rate onto pieces of machinery. He finally suffers a nervous breakdown and runs amok, throwing the factory into chaos. He is sent to a hospital.

Worldwide the continued search for increased production line efficiency, coupled with the war time eras, resulted in a shell-shocked workforce. Remember time-and-motion studies? They have been in and out of fashion for many years.

The aim was to find out who was working hard and who was not. But importantly they eventually raised the question of why? Did some work better when given a single small task to repeat over and over, or was frequent change of task key to reducing errors? Could it be that workers responded differently and acted as individuals?

Moving on through the post-second world war years and the civil rights movements of the 1950s and 1960s, we arrive at 1974 and the introduction of the Health and Safety at Work Act. You are now a female worker liberated by the drive for equality and emboldened by trade union membership. Autonomy has raised its head. People now want more control over the work they do.

Enlightenment, how can we make work better? We are not just talking about efficiency related to profit. Let’s change this assembly line to process thought, human need and emotion. Why would anyone adopt a job role which might do them harm? Of course, we can each think of many reasons why. So who was responsible for the health and safety of workers, and why?

lth and Safety at Work Act Poster

Posters old and new explaining the Health and Safety at Work Act

Health and Safety at Work Act 1974

The truth of it is that the Health and Safety at Work etc Act 1974 was an enactment that consolidated a lot of existing and rather piecemeal legislation. It was no coincidence that it was enacted during a year when there had been a particularly large number of deaths from work-related accidents.

In 1970, an Employed Persons (Health and Safety) Bill had been introduced in the UK, and that same year the Occupational Safety and Health Act passed into US federal law.

This move by the US prompted Harold Wilson’s Labour government, in its last throes in 1970, to establish a committee of inquiry, chaired by Lord Robens. With an eye on the latest American initiative, the committee would consider this country’s legislation. It was a substantial task.

Edward Heath’s new Conservative government gave a proposed debate on the adopted US bill no parliamentary time, preferring to wait for the Robens Report.

Robens report

Duly published in 1972, the report concluded, to put it simply, that there was too much law.

Lord Robens noted:

One of the reasons why there is too much law is that every time a new technical situation arises an external agency imposes a new set of detailed rules. But one of the fundamental points in this document (the report) is that the primary responsibility for prevention lies with those who create the risk i.e. the management and the men.

The report was instrumental. Following Labour’s return to power two years later, the recommendations were substantially enacted with the passage of the Health and Safety at Work Act 1974.

Looking back in 2008, Lord Grocott gave this glowing review of this pivotal legislation: “The record of the Health and Safety at Work Act 1974 act speaks for itself.

“Between 1974 and 2007, the number of fatal injuries to employees fell by 73 per cent; the number of reported non-fatal injuries fell by 70 per cent.

“Between 1974 and 2007, the rate of injuries per 100,000 employees fell by a huge 76 per cent, and Britain had the lowest rate of fatal injuries in the European Union in 2003, which is the most recent year for which figures are available. The EU average was 2.5 fatalities per 100,000 workers; the figure in the UK was 1.1.”

Of course, the shrewd among you might also accredit the change of our infrastructure landscape as a contributing factor.

The act’s success is beyond doubt; the figures speak for themselves. But moving on to the present day, surely serious health and safety issues are no longer an issue? Unfortunately, that is not the case.

Fordism is alive and well

Today, imagine you are a call centre worker with a failing voice and serious back problems. The workstations and repetitive tasks may have changed – but Fordism is still alive and well. We have a service industry now overtaking the manufacturing production line of the early 20th century.

Time-and-motion studies and target-driven performance indicators are still stifling employee health, safety and wellbeing.

There is much work to be done, but behind this historic tale of ground-breaking legislation and vastly improved statistics, there is also a personal story about you and me. The Health and Safety at Work Act 1974 paved the way for a life in which we in this country can now hope and aspire. For example, my son wants to work for NASA, and why not?

Without such advancements in health and safety, we would not have the safe working environments that have paved the way for progress in technology, science and innovation. This system has protected and nurtured those innovators who have created a world of work with limitless opportunities.

Looking past law and regulation, putting aside employers’ duties and employees’ acts and omissions, the story is not only about saving lives but also of allowing kids to aspire to become an astronaut.

But there is a twist to this tale. If my son can aspire to fly to the moon, why do hundreds and thousands of parents continue to lose sons and daughters in factory fires and building collapses in the south Asian garment industry? And why are thousands in the UK still dying from occupational health exposures?

If we truly believe in creating a world of work that is safe, healthy and sustainable, there is still a great deal more to do.

We should be proud of this legislation. I am hard pressed to think of any other act that has been as effective as ours. We should not think twice about the ‘elf and safety press we get. Instead let’s focus our energies on what we have achieved, pool our knowledge and expertise on maintaining what we have, and help those who are not quite there yet. No one would argue with this message: everyone has the right to come home to their families healthy and safe at the end of the working day.

And everyone has the right to be an astronaut if they want to be.

Jane White is research and information services manager at IOSH

Manufacturer fined after an employee died and another worker seriously injured

A manufacturer has been sentenced for safety breaches following two separate incidents including the death of an employee and series injuries to a second worker. A number of electrical safety failings were also found.

Firm sentenced after employee suffers finger amputations

A paper making company has been fined after a 22-year-old employee had her fingers crushed, leading to the partial amputation of both her middle and index finger on her left hand.

Fine after employee is burnt following explosion

A plumbing and heating company has been fined after an employee suffered serious burns following an explosion at a domestic property.

Costain fined £1.2m after MEWP collapse

Costain has been fined £1.2million after a worker sustained life changing head injuries and a second suffered a leg fracture when their MEWP was struck by a collapsing reinforcement cage during the construction of a road bypass.

Council fined following fatality after a tree branch struck a moving vehicle

Wirral Borough Council has been fined after a branch from a tree fell and struck the vehicle of a pregnant mother while she was driving, resulting in injuries to the mother and the loss of her prematurely born baby.

Safety breaches lead to fine for automotive firm and occupational health provider

A vehicle sales company and an occupational health & safety consultant have been fined for a breach of HAVS regulations.

Illegal gas work left home in dangerous state

A self-employed property maintenance contractor has been sentenced after arranging and being in control of gas work that his contractors were not registered or competent to do, leaving it in a dangerous condition.

Scaffolding company fined after employee suffers severe injuries in scaffold collapse

JR Scaffold Services Ltd has been fined after an employee fell eight metres to the ground and sustained severe injuries when the cantilever section of a scaffold he was erecting collapsed.

Consultant fined for providing ‘incompetent’ health and safety advice

A self-employed independent health and safety consultant has been fined £1,400 for breach of legislation for giving advice to clients, despite not being properly qualified.

Tile manufacturer fined after employee suffered serious injuries

A tile manufacturing firm has been fined £10,000 after a worker suffered three broken bones in his arm and crush injuries to his forearm when he was drawn into the in-running nip of a conveyor tail drum.

Work Related Road Risk in 2020: Not the time for cutting corners

All employers are very much presented with an opportune moment now to shine the spotlight back on Work Related Road Risk (“WRRR”), given that the legal framework which underpins this area otherwise remains unchanged and more than ever, businesses should look to comply.

School fined after a pupil severely injured by band saw

A school has been fined following an incident where a pupil sustained severe cuts to his middle and index finger on his right hand and serious tendon damage, when using a band saw.

Download: April 2020 Legislation Update

Coronavirus has become a top priority for employers all over the world. The pandemic event is putting pressure on already stretched employers to do more to keep up to date and protect the health, safety and welfare of their employees. Download this free legislation update to understand all the latest guidelines, laws and regulations. The eBook covers:

  • Coronavirus legislation;
  • Brexit;
  • Grenfell;
  • Changes to workplace exposure limits;
  • Key cases in recent months;
  • Environment and Energy;
  • and much more…
April 2020 Legislation eBook

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Aldi fined £100k for first health and safety conviction : MyPreciousArrival
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[…] companies pleaded guilty to one assign underneath a Health and Safety during Work Act 1974. Aldi was fined £100,000 and Wilkinson Maintenance was fined £20,000. Both were systematic to […]

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[…] Building and Dismantling Contractors Ltd were found guilty of offences under Section 2 of the Health and Safety at Work etc Act 1974 and for breaching regulations 4 and 7 of the Work at Height Regulations at Manchester Crown Court, […]

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[…] of Rookwood Way, Haverhill, Suffolk, pleaded guilty to two counts of breaching Section 2(1) of the Health and Safety at Work etc. Act 1974, and was fined £18,000 and was ordered to pay costs of […]

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[…] Health and Safety at Work etc Act 1974 (HSWA) is the primary legislation designed to prevent accidents happening in the […]

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[…] Ltd, of One Canada Square, Canary Wharf, London, pleaded guilty to breaching section 2(1) of the Health and Safety at Work etc . Act 19741 and was fined 8,000 with 4,854 costs. Veritas Security (Southern) Ltd, of St Anne Street, […]

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[…] council began prosecution procedings and G4S pleaded guilty to two charges under the Health and Safety at Work etc Act 1974 in June. G4S Cash Solutions has been fined £1.8 million after failing to reduce the risk of […]

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[…] Read full details here. […]

Ian Smith
Ian Smith
1 year ago

Local Councils are service industries. How is section 3 (1) of the HSE Act 1974 enforced when the employer is a local council?

Results Point
Results Point
3 years ago

Very rapidly this web page will be famous amid all blogging viewers, due
to it’s pleasant articles or reviews

Jake Edmonds
Jake Edmonds
3 years ago

Great article just simply brings it all home

I would love to work for NASA ☻

Muller UK fined £400.000 after worker’s fragile roof fall - EYECATCHER BV
3 years ago

[…] Business Park, Shrewsbury Road, Market Drayton, pleaded guilty to breaching Section 3(1) of the Health and Safety at Work, etc. Act 1974 and was fined £400,000 with £9,336.90 […]

Million pound fine for council after member of public injured – Healthcare Risk Management Group
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[…] council pleaded guilty to charges of breaching Sections 2 (1) and 3 (1) of the Health and Safety at Work Act 1974. > Read more [SHP […]

Three company directors jailed following warehouse death – Healthcare Risk Management Group
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[…] At Chelmsford Crown Court, Koseoglu Metalworks Ltd admitted an offence of corporate manslaughter and its sole director, Kadir Kose, admitted an offence under the Health and Safety at Work Act (HSWA). […]

3 years ago

is it the law that every company has to display the health and safety poster