The Health and Safety at Work Act’s Impact Since Receiving Royal Assent 50 Years Ago

The Health and Safety at Work etc. Act 1974 received royal assent on 31 July, 50 years ago. Since then, this single piece of health and safety law has reportedly done more to improve health and safety at work and occupational health than any other. Here, we discuss health and safety legislation in the UK, considering the Health and Safety at Work Act’s impact and other health and safety laws.

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The Health and Safety at Work Act Explained

The Health and Safety at Work Act 1974 is the cornerstone of UK health and safety legislation. It aims to safeguard employees at work. This broad and flexible law requires that measures be “reasonably practicable”, allowing for adaptation to individual workplace needs.

Obligations and Responsibilities

Under the Act, employers have a duty to ensure their employees’ health and safety by implementing a comprehensive health and safety policy and maintaining safe working environments and practices. This includes conducting regular risk assessments, providing necessary facilities such as drinking water and toilets, and delivering adequate training on hazards.

Employees also have key responsibilities under the Act. They must adhere to employer training, report any incidents or concerns, and take reasonable care of their own and their colleagues’ health and safety. Additionally, employees are expected to collaborate with their employers to foster a safe working environment.

Enforcement of Health and Safety Laws

The Health and Safety Executive (HSE) and local authorities are responsible for enforcing health and safety legislation. The HSE has the authority to inspect workplaces unannounced, review documents, remove equipment, take samples, and investigate potential breaches. It can impose various sanctions for non-compliance, ranging from Prohibition and Improvement notices to financial penalties and, in severe cases, imprisonment.

The Health and Safety at Work Act’s Impact to Date

It is clear that, to date, the Health and Safety at Work Act’s impact has been significant and positive. According to official data, since the introduction of this health and safety legislation, the UK has seen a considerable reduction in workplace accidents and injuries.

The Trade Unions Congress estimates that there have been approximately 14,000 fewer workplace fatalities since the Act came into force. It has also had a considerable effect on occupational health. Data shows that last year, there were 138 workplace fatalities in the UK. This compares favourably with the 651, which occurred 50 years ago. However, these figures prove that, despite the improvements, there is still some way to go before health and safety laws can be considered a complete success.

The Health and Safety at Work Act’s impact on employer perspectives has been equally significant. When it was first introduced, the health and safety law was regarded widely as irksome. Many viewed the legislation as imposing reams of red tape for no good purpose. However, over the years, the legislation appears to have been embraced by employers and employees alike. Businesses are acknowledging and helping to achieve their true purpose and are no doubt feeling the benefits of the same.

Additional Health and Safety Legislation in the UK

In addition to the Health and Safety at Work Act, there are a number of other pieces of important health and safety legislation in the UK. One such is The Workplace (Health, Safety and Welfare) Regulations 1992, which chiefly relates to the work environment. This legislation specifies minimum requirements for maintaining a safe workplace for employees. It encompasses everything from lighting and ventilation to facilities for comfort and sanitation. It also includes requirements for equipment maintenance, access routes, and protection from falling objects, to name but a few.

The Display Screen Equipment Regulations 1992 are intended to protect employees from long-term exposure to display screen equipment whilst at work. Under this health and safety law, employers are required to conduct suitable workstation assessments, reduce associated risks, facilitate free eye tests on request, and provide relevant training.

Further, The Personal Protective Equipment Enforcement Regulations 2018 govern the provision and use of protective equipment at work. Employers are obliged to provide employees with appropriate protective equipment to guard against risks if these cannot be otherwise reduced or mitigated. This can include high-vis clothing, protective footwear, helmets, harnesses, equipment to protect eyes, and respiratory equipment. Such equipment must meet certain standards, and employers must provide training on its use and effect.

Additional laws relate to fire safety at work, the manual handling of loads, and the use of hazardous substances. There is also legislation containing requirements for reporting and recording any health and safety incidents at work.

Possible Amendments to the Health and Safety at Work Act 1974

According to a poll conducted by IOSH, to which 1,137 people responded, 82% of respondents feel that the Health and Safety at Work Act remains fit for purpose today. However, there is always room for improvement, and times do change. Some have suggested potential amendments/extensions to ensure the continued positivity of the Health and Safety at Work Act’s impact. Suggestions have included extending the Act to specifically encompass employee well-being, occupational health, and mental health risks.

The head of policy and public affairs at IOSH, Ruth Wilkinson, has given her views on this point. Whilst praising the Health and Safety at Work Act’s impact as positive, she has highlighted the importance of keeping it updated and relevant. She noted the necessity to “ensure new and emerging hazards and risks being created by new technologies and climate change are managed and people are protected”.

The TUC’s general secretary, Paul Nowak, has expressed concerns about funding cuts to the Health and Safety Executive and the impact this is having. He stated: “Workplace inspections and prosecutions have plummeted because of Conservative cuts. […] We need fresh funding and fresh thinking. Government, unions and employers must work together to raise workplace safety to the next level”.

We hope you found this insight useful. If you have any employment law questions or feel your rights have been violated, please don’t hesitate to get in touch. Redmans Solicitors are employment law specialists with years of experience, enabling us to provide expert advice.

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