Understanding the Health & Safety at Work Act 1974

The Health & Safety at Work Act 1974 is an act that outlines general health and safety duties that all businesses in the UK must comply with. It serves as an enabling act that allows for further specific health and safety regulations to be passed and enforced under it. 

Even though the Health & Safety at Work Act (HASWA) was written over 45 years ago, it is still relevant to businesses today. 

This piece of legislation applies to every business and covers all workers in the UK, including employees, contractors, visitors, members of the public, and anyone else who may be affected by the activities of a business. 

It is important to understand that the HASWA applies to all workers and contains general duties. It does not tell businesses how to handle specific risks, as other regulations introduced under the HASWA may do that. The HASWA outlines what your responsibilities are but not necessarily how to achieve them. It leaves businesses free to decide how to apply the duties and meet the requirements reasonably. 

The HASWA has 85 sections and ten schedules; hence, we cannot cover all of them in this blog. However, some of the key duties that the HASWA puts in place include: 

Duties of Employers to Employees 

Under section 2 of the act, employers have a duty to ensure the health, safety, and welfare of all employees.  

“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 providing: 

• Safe plant and systems of work 
• Safe use, handling, transport, and storage of articles and substances 
• Information, instruction, training, and supervision 
• A safe place of work with safe access and exit 
• A safe working environment and adequate welfare facilities 
• A written health and safety policy 
• Consultation with safety representatives and safety committees for recognised trade unions 

Duties of Employers to Others 

Employers also have duties to others, as stated in section 3, which requires employers to protect anyone who may be affected by their business activities.

“It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.” 

 

Duties of Employees 

Section 7 places duties on employees at work. This includes taking reasonable care of themselves and others and complying with the rules put in place by their employer. 

It shall be the duty of every employee while at work— 

a.) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and 

b.) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with. 

 

Duties Not to Misuse 

Section 8 states that no person should misuse or interfere with anything provided for health and safety or welfare. 

 

Duty Not to Charge 

Finally, section 9 outlines how employees cannot be charged for health and safety requirements like PPE. 

“No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions. 

Health and Safety at Work etc. Act 1974 Duty not to charge employees for things done or provided pursuant to certain specific requirements.” 

 

The Health & Safety at Work Act is a crucial piece of legislation that outlines general health and safety duties that businesses must comply with in the UK. It is essential to understand the key duties and comply with them to ensure the safety and well-being of everyone in the workplace. For more information, and for training solutions, please contact us here.  You can also find and follow us on Facebook.