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Under The Health and Safety at Work Act 1974 (HASAWA), all organisations in the UK have a legal duty to put suitable arrangements in place to manage health and safety in the workplace. As a significant piece of legislation, it ensures anyone affected by an organisation, for example, tenants, members of the public, employees, contractors etc, are not exposed to health and safety risks.
Historically, the legislative approach to health and safety has been cautious and The Health and Safety at Work etc Act 1974, consolidated much of the early industry-specific legislation. As an umbrella act for laying down wide-ranging duties on employers to protect the health, safety, and welfare at work, it remains one, if not the key piece of legislation for revolutionising the way we work. It is enforced by the Health & Safety Executive (HSE) and was established as a piece of legislation that would be easy to follow and flexible enough to be applied regardless of an organisation’s risk or size.
To put the impact of the legislation into context, in 1974 the HSE reported 651 fatal injuries sustained in the workplace. This figure reduced to 142 in 2020/21, a 78% decrease in fatal injuries.
Health and Safety key facts
What are the key points of the Health and Safety at Work etc. Act 1974
Regardless of which industry employers operate in, it is essential to abide by the legal responsibilities of The Health and Safety at Work etc Act 1974 to keep people safe. The Health and Safety at Work etc Act 1974 provides health and safety measures for employees as well as for anyone who visits the premises, for example, temporary workers, customers, and visitors. Key points of the legislation include:
1. Ensuring a safe place of work
Whilst workplaces such as construction sites or medical laboratories will have more factors to consider than office buildings, all business premises need to be up to standard and make consideration for waste management, fire safety, cleanliness, and the handling of harmful substances etc. Premises must be maintained, floor and traffic routes must be free of obstructions, and doors or walls made of safety material.
2. Ensuring safe equipment
Periodic checks by appointed staff and a process for reporting faults for repair must be undertaken on all equipment including computers and other electronic devices.
3. Having properly trained staff
All employers must ensure employees are provided with appropriate training and information to safely carry out their roles on site. They must also ensure employees have completed relevant training if they take on new roles.
4. Providing the correct workplace facilities
Employers must provide welfare facilities and a working environment that’s healthy and safe for everyone in the workplace, including those with disabilities. For example, the correct number of toilets and washbasins, a clean workplace and a reasonable working temperature, good ventilation and the correct amount of seating and space.
5. Appointing a competent person
Every workplace needs to have appointed a competent person to manage health and safety on-site and who has the skills, knowledge, and experience to recognise hazards and put sensible controls in place to protect workers. You can read more about the competent person here.
What about carrying out health and safety Risk Assessments?
Under The Management of Health and Safety at Work Regulations 1999 an employer has a duty of care to ensure, as far as possible, an employee’s health, safety, and welfare. The Management of Health and Safety At Work Regulations 1999 stipulates undertaking a Risk Assessment.
Thorough risk assessments are required to ensure appropriate preventative actions are in place. For businesses employing five or more people, there must be:
• An official record of what the assessment finds (employers need to put plans in place to deal with the risks.
• A formal health and safety policy includes arrangements to protect an employee’s health and safety. You can read more about how to write a health and safety policy in our blog, ‘What is a health and safety policy and what does it need to contain?
A health and safety risk assessment should include:
• Identification of hazard
• Evaluation of what the likelihood of the hazard occurring is
• Decision on who is at risk and in what way
• Introduction to those preventative measures
• Record of the findings and inform colleagues
• Regular review of the assessment, revising where necessary.
Who is responsible for workplace health and safety and what do they need to be aware of?
The Health and Safety at Work etc Act 1974 - Employer Duties:
“…to ensure, so far as is reasonably practicable, the health, safety, and welfare of all his employees at work…”
| Role | Has a responsibility to: |
| Employee | Take reasonable care for their health and safety and others who may be affected by their actions including interference with any health and safety equipment. |
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Cooperate with their employer to enable them to perform or comply with any legislative requirement. |
|
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Report any illness or injury that affects their ability to work |
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| Employer | Have an up-to-date health and safety policy. |
| Undertake suitable and sufficient risk assessment. | |
| Ensure employees are provided with appropriate training, instruction, supervision, and information. | |
| Ensure employees have safe use, handling, storage, and transport of articles & substances. | |
| Provide a safe place of work, including safe access and egress. | |
| Provide a safe work environment with adequate welfare facilities. | |
| Ensure where reasonably practicable that persons not in their employment (members of the public, visitors, contractors etc) are not exposed to risks to their health and safety. | |
|
Provide appropriate protecting clothing and equipment where necessary. |
|
| Director |
Guarantee appropriate systems and checks are in place to ensure staff are trained & doing their jobs correctly. |
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Ensure suitably competent contractors are used and that appropriate escalation is in place if things go wrong. |
The Health and Safety at Work etc Act 1974 - Director Duties:
“Where an offence, committed by a body corporate, is proven to have been committed with the consent, connivance or neglect of any director, manager or similar person then s/he, as well as the body corporate,
shall be guilty of that offence and liable to be proceeded against.”
What are the implications of not getting it right?
It is not necessary to show injury or ill health to be in breach of duty. An organisation or individual may also be liable under The Health and Safety at Work etc Act 1974 if an individual is exposed to risk.
"A hazard is something with the potential to cause harm, while a risk is a likelihood that a hazard will cause harm (in combination with the severity of injury, damage or loss that might foreseeably occur."
An investigation by the Health & Safety Executive (HSE) found in 2014 that Wilmott Partnership Homes, a subsidiary of the Wilmott Dixon construction group, had failed to ensure an adequate system of work was in place to manage the risks from working around live flues of gas boilers. They were subsequently fined £1.25 million and made to pay costs of £25,000.
Section 37 of The Health and Safety at Work etc Act 1974 provides that, “if a company commits a health and safety offence, then its directors or officers can be prosecuted where the offence can be shown to have been committed through the consent, connivance, or neglect of the individuals subject of the prosecution”. Prosecutions of this nature have increased in the last five years with 70% of those organisations prosecuted having a turnover of under £1m. If a health and safety offence is committed, then a person (as well as the organisation) can be given up to two years imprisonment.
What about other health and safety legislation?
Management of Health and Safety at Work Regulations 1999 (MHSWR).
Falling under The Health and Safety at Work etc Act 1974 is the Management of Health and Safety at Work Regulations 1999 (MHSWR) which makes employers’ duties more explicit, detailing what they are required to do to manage health and safety. It sets out the requirement by employers to carry out suitable and sufficient risk assessments of any hazards that can produce risks pertinent to the health and safety of their employees.
Working at Height Regulations 2005
Applicable to employers and those in control of any work at height, this legislation is to prevent death and injury by a fall from a height. Employers and those in control must ensure work is properly planned, supervised, and carried out by competent workers.
Control of Asbestos Regulations 2012
This legislation updates previous asbestos regulations and makes changes to some types of non-licensed work including medical surveillance, record keeping and the notification of work.
Reporting of Injuries, Diseases & Dangerous Occurrences Regulations 2013 (RIDDOR)
This law places a duty upon employers, and other people in control of work premises to report and keep records of:
• work-related accidents which cause death.
• work-related accidents which cause serious injuries.
• diagnosed cases of certain industrial diseases; and
• certain ‘dangerous occurrences’ (incident with the potential to cause harm.
Health and Safety frequently asked questions
How do I deal with health and safety hazards I identify?
1. Identify the hazards.
2. who might be harmed and how.
3. Evaluate the risks and decide on precautions.
4. Record your findings and implement them.
5. Review your assessment and update if necessary.
Why is a health and safety policy important?
Aside from being a legal requirement, the policy sets out a general approach to health and safety and explains how it is managed in your organisation.
What does ‘workplace’ refer to?
Regulations apply to a range of workplaces including factories, shops, offices as well as schools, hospitals, hotels, and places of entertainment. Workplace also includes the common parts of shared buildings, roads and paths on industrial estates and business parks.
What now?
1. Take our free Health and Safety self-assessment today to give you an overview of your H&S compliance.
2. Talk to one of our expert health and safety team – click here to arrange a FREE one-to-one consultation where we can discuss your specific needs and gaps in your health, safety, and wellbeing provision.
3. Find out about how we can help you train your staff to manage health and safety in your organisation – link to training landing page
