Health and Safety at Work etc Act (1974)

Understanding the Health and Safety at Work etc Act (1974)

  • The Health and Safety at Work etc Act (1974), also known as HSWA, is the primary legislation governing workplace health and safety in the UK.
  • This law was enacted to secure health, safety and welfare of individuals at work and protect others against health or safety risks arising from workplace activities.
  • HSWA applies to all employers, employees, and self-employed workers regardless of the size of the organisation or the nature of its business.

Duties of Employers and Employees

  • The Act places specific duties on both employers and employees to ensure a safe working environment. It states that employers should do whatever is reasonably practicable to achieve this.
  • Duties of employers include providing safe systems of work and equipment, necessary information, instruction and training, and a safe working environment and facilities.
  • Employees have a duty to take care of their own health and safety and that of others who may be affected by their acts or omissions at work. They must also co-operate with their employers regarding any duty or requirement set out by the Act.

Health and Safety Executive (HSE)

  • The Act established the Health and Safety Executive (HSE), a national independent regulator that works to reduce work-related death, injury and ill health.
  • HSE regularly conducts inspections and investigations in workplaces to ensure compliance with the Act. It has the power to issue improvement, prohibition notices and prosecute if necessary.

Risk Assessment

  • The Act requires employers to carry out a risk assessment to identify and manage health and safety risks.
  • Risk assessments are meant to enable businesses to identify potential hazards and implement measures to address them, in order to reduce the risk of accidents and occupational illnesses.

Penalties

  • Non-compliance with the Act can lead to penalties such as fines or imprisonment.
  • The severity of these penalties often reflects the degree of harm caused, culpability of the offender, and the risk of harm resulting from the breach.

Designing safe products and implementing strict safety measures during manufacturing is essential in not only protecting the health and wellbeing of workers, but also in avoiding legal repercussions that can arise from breaches of the Act. Important terms to remember are reasonably practicable, duty of care, and risk assessment.