A Guide to the Health and Safety at Work Act 1974 (Overview For Employers)

This month marks the 50th anniversary of the passing of the Health and Safety at Work Act 1974, receiving Royal Assent on 31st July 1974.

It was developed in response to the dangerous working conditions that existed in factories and mines at the time, with the Health and Safety at Work Act (HSWA) continuing to regulate employment conditions in today’s workplace.

You can read the Act in its entirety here (all 121 pages of it!).

However, we understand just how valuable time is for today’s employers, so we have created this short blog on HSWA’s 50th anniversary, to act as a guide for employers to understand the law and how it applies to them.

History of the Health and Safety at Work Act:

As we mentioned above, HSWA came into being on July 31st 1974. 

It came as a direct response to the working conditions at the time in factories and mines, with a number of incidents demonstrating a complete lack of health and safety protection for employees.

One example of this is the James Watt Street Fire in 1968 in which 22 factory workers lost their lives, tragically trapped behind barred windows.

The bars, in place since the building’s previous use as a whisky warehouse, were found to have compromised escape routes. 

In response to events like the James Watt Street Fire, a Health and Safety committee was established in 1970, chaired by Lord Alfred Robbins.

The work of Lord Alfred Robbins and the committee lead to the development and implementation of HSWA.

Responsibilities: 

The Health and Safety at Work Act lays out responsibilities and provisions for both Employers and Employees.

Employers:

Section 2 of HSWA focuses on Employers’ duties towards Employees.

Section 2 (1) defines their general duty as follows: “It shall be the duty of every Employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his Employees.”

This duty includes the provision of:

1. Safe plant and systems of work
   
2. Safe use, handling, transport, and storage of articles and substances
3. Information, instruction, training, and supervision
4. A safe place of work with safe access and exit
5. A safe working environment and adequate welfare facilities

Section 3 requires Employers to not only look after their Employees’ safety, but also that of anyone who may be affected by their business activities.

Health and Safety Policy:

Section 2 (3) requires Employers to provide a written document regarding the organisation and arrangements for managing the health and safety of their employees at work.

This document, your health and safety policy, must be brought to the notice of your Employees.

The document should cover the following three areas:

1. Statement of intent: This is your general policy on health and safety at work, including your commitment to managing health and safety and your aims. The Employer or most senior person in the company must sign and date this.
2. Health and Safety roles and responsibilities: Identifies the names, positions and roles of the people in your business who have specific responsibility for health and safety.
   
3. General arrangements for health and safety: Give details of the practical arrangements you have in place, showing how you will achieve your health and safety policy aims. This could include, for example, doing a risk assessment, training employees and using safety signs or equipment.

Employees:

Section 7 of HSWA places duties on all Employees that they must:

1. Care for their own health and safety and that of others who may be affected by their actions / inactions.
   
2. Co-operate with their Employer by complying with statutory requirements and duties.

Enforcement of the Health and Safety at Work Act:

As we can see, HSWA lays out responsibilities for Employers and Employees alike.

To ensure this law and others are being followed, HSWA also created the Health and Safety Executive (HSE).

The law gives the HSE, or local authority inspectors, permission to enforce health and safety laws.

Under the Act, Inspectors are given extensive investigative powers and can:

1. Serve enforcement notices in the form of prohibition and improvement notices.
   
2. Bring prosecutions for health and safety offences.

Serious cases of non-compliance with the Act can result in criminal prosecution. A recent high-profile case occurred in 2023 where Morrisons were fined £3.5 million after a judge found them guilty of three health and safety breaches following the death of one of their workers.  

Training on the Health and Safety at Work Act:

If you would like expert guidance and support on what you are required to do under Health and Safety law as an Employer, our qualified Health & Safety Consultants are here to assist you.

We can also provide practical support with establishing an effective Health and Safety Management System including creating a bespoke H&S policy for your organisation, auditing, assisting with conducting risk assessment and creating safe operating procedures. 

You can learn more about our consultancy packages here.

Get in touch with our team on +44 (0)1942 318043 or request your free consultation using the button on our contact us page.