Health and Safety at Work

Act (HASWA) 1974

EAL Advanced Diploma QETA 001

Learning Outcome 1.1
 Health and Safety at Work Act
(HASWA) 1974
In 1974, the Prime Minister Harold Wilson implemented the Health & Safety at Work Act
following proposals made in the Alfred Robens report. More exactly, it was this Act which:

(a) established the Health and Safety Commission (HSC);

(b) established the Health and Safety Executive (HSE);

(c) conferred accident prevention powers on HSE inspectors

(d) placed broad general duties on employers, employees and manufacturers of

industrial products as well as on the self-employed and occupiers of buildings where
people work.

(e) provided for participation of management and workers in the identification and
monitoring of workplace hazards by requiring the appointment of union safety
representatives from the workforce to carry out periodic inspections of the workplace,
and by requiring that changes and improvements in occupational health and safety be
discussed at meetings of safety committees consisting of management and union
representation.
 Health And Safety Commission
One of the principal functions of the Health and Safety Commission is to
propose regulations on health and safety at work to the Secretary of State
for Employment.

Health and safety regulations can do one of the following:

(a) repeal or modify any of the existing 'relevant statutory provisions.

(b) exclude or modify any of the 'existing statutory provisions'. An example of the power of
modification is the Employers' Health and Safety Policy Statements, which exempts
employers employing fewer than five employees from complying with HSWA, and having to
issue a written company safety policy, and revise it as often as necessary;

(c) make a specified authority responsible for the enforcement of any of the 'relevant
statutory provisions'. An example of the exercise of this power is the enforcement of some
of the 'relevant statutory provisions' by HSE and others by local authorities
HSC - Issue and approval of Codes of
Practice
The HSC is empowered to approve and issue codes of practice for the purpose of providing
guidance on health and safety duties laid down in statute or regulations.

A code of practice can be drawn up by HSC or some other body.

In every case, any relevant government department, or other body, must be consulted
beforehand and the approval of the Secretary of State must be obtained. Any code of
practice approved in this way is an 'approved code of practice' .
 HASAW Act 1974 The General
Duties
HSWA places broad General Duties upon five separate classes of persons,

(a) employers;

(b) employees;

(c) manufacturers and suppliers of industrial products;

(d) the self-employed; and

(e) occupiers of buildings in which persons work, other than one's own
employees.
Duties of the Employers
It is the duty of every employer, so far as is reasonably practicable, to ensure the health,
safety and welfare at work of all his employees. More particularly, this includes

(a) the provision and maintenance of plant and systems of work that are safe and
without health risks

(b) arrangements for ensuring safety and absence of health risks in connection with
the use, handling, storage and transport of articles and substances

(c) the provision of such information, instruction, training and supervision as is

necessary to ensure the health and safety at work of employees.

(d) the maintenance of any place of work under the employer's control in a condition
that is safe and without health risks, including means of access and egress.

(e) the provision and maintenance of a working environment for employees that is safe
and free from health risks, with adequate facilities and arrangements for employees'
welfare.
 Duties of the Employers
Health and Safety Policy
Employers must prepare and, as often as is necessary, revise a written Statement of Health
and Safety Policy.

There is an exception to this requirement in the case of employers employing at any time
fewer than FIVE EMPLOYEES (Employer's Health and Safety Policy Statements
(Exception) Regulations 1975)
 Legal Importance of Health and
Safety Policy Statements
Requirements detailed in the Statement of Health and Safety Policy (probably do not, constitute
terms of a contract of employment. Nevertheless the rule book may be construed as constituting
reasonable orders which an employer is entitled to give to an employee. Failure on the part of an
employee to obey such rules would amount to a breach of contract of employment.
The importance of the law relating to the contractual rights and duties of employers and
employees has been largely superseded by the law relating to unfair dismissal. The present
position would, therefore, seem to be that failure to carry out an order based on a rule or
procedure in a Statement of Health and Safety Policy (assuming that the employee was well
aware of it) could lead to the dismissal of the employee. Or, if an employer was in breach, to the
constructive dismissal of an employee.
This view is supported by the fact that it was always an implied term of an employment contract at
common law that an employee would carry out his duties honestly and with due care and skill
(Lister v. Romford Ice & Cold Storage Co. Ltd [19S7] 1 AER 125). A case confirming this approach
is Martin v. Yorkshire Imperial Metals Ltd, where an employee was held to have been fairly
dismissed for having removed a guard from a machine so that he might get his work done more
quickly.
Failure to bring the contents of a Statement of Health and Safety Policy to the attention of
employees can have serious consequences, as illustrated in the case of Armour v. Skeen1977
SLT 71. Here two painters employed under a direct labour contract by Strathclyde Regional
Council fell from scaffolding erected for the work. One was killed. Both the Regional Council and
its Director of Roads were prosecuted for having failed to comply with HSWA, sec 2(1) and (3)
 Duty to Provide Information to
Employees
Under HASWA, employers have a duty to 'provide such information, instruction, training
and supervision as is necessary to ensure, so far as is reasonably practicable, the health
and safety at work of their employees'.

Similar provisions apply in the case of non-employees in situations where the way an
employer conducts his undertaking might affect the health and safety of non-employees,
e.g. contractors and sub-contractors.

Furthermore, employers are required to disclose information to trade union-appointed

safety representatives which is necessary for them to carry out their functions. This wide
requirement relating to the giving of information, which is detailed further in the Approved
Code of Practice accompanying the Regulations, relates not only to technical information
and consultants' reports, but also to information concerning the employer's future plans
and proposed changes in so far as they affect the health, safety and welfare at work of
their employees.

Under HASWA ,inspectors are obliged to supply safety representatives with technical
information, i.e. factual information obtained during their visits, such as the results of any
noise measurements, tests, monitoring activities, together with notices of prosecution,
copies of correspondence and copies of any improvement or prohibition notices served on
their employer.
 The Health and Safety Information
for Employees Regulations 1989
These Regulations require information relating to health, safety and welfare to be
furnished to employees by means of posters or leaflets in the form approved and
published for the purposes of the Regulations by the HSE.

The Regulations require the name and address of the enforcing authority and the address
of the Employment Medical Advisory Service to be written in the appropriate space on the
poster; and where the leaflet is given the same information should be specified in a written
notice accompanying it.

The Regulations provide for the issue of Certificates of Exemption by the HSE and a
defence for contravention of the Regulations. They repeal, revoke and modify various
enactments and instruments relating to the provision of information to employees.
Duty of Consultation and
Establishment of Safety
Committees
Employers are required, in the interests of making and maintaining arrangements to
enable them and their employees to co-operate in promoting and developing measures to
ensure the health and safety at work of employees and in monitoring the effectiveness of
such measures,

(a) to consult with workplace representatives (known as 'safety representatives',

whose powers and functions are set out); and

(b) to set up a safety committee, if requested to do so by two or more safety

representatives, to monitor measures taken to ensure the health and safety of
employees.
 Duties of Employees
Employees, whilst at work, must

(a) take reasonable care for their own health and safety, and that of other persons
(including members of the public) who may foreseeable be affected by their acts or
omissions at work;

(b) co-operate with their employer so far as is necessary for him to comply with any duty
or requirement under any of the 'relevant statutory pro- visions.

(c) not intentionally or recklessly interfere with or misuse anything provided for the
purpose of health and safety at work in furtherance of a statutory requirement.

ln addition, employees owe employers a contractual duty to carry out their work with care
and skill. Failure to do this can lead to dismissal as being in breach of a term of their
contract of employment

Under Regulation 8 of the Health and Safety at Work Act is it an offence for anyone to
intentionally or recklessly interfere with, or misuse anything, provided in the interests of
health safety and welfare.
Consequences of breach of duties
in HASAW by employers and
employees
Breach By Employer

An employer who is in breach of his duties under HSWA, can be

(a) prosecuted by an HSE inspector, and, if found guilty, made to pay a fine, or
possibly sent to prison

(b) sued for negligence at common law if the breach causes injury to an
employee.

(c) sued for constructive dismissal before an industrial tribunal by an employee

if the breach constitutes a fundamental term of the contract of employment.
Consequences of breach of duties
in HASAW by employers and
employees
Breach By Employee

An employee who is in breach of his duties under HSWA can

(a) be prosecuted by an HSE inspector and made to pay a fine, if convicted;

(b) if his breach causes injury to himself or to other employees or to a member of the
public, involving his employer in vicarious liability, though, where the injury is to himself,
his damages will be reduced on the ground of his contributory negligence;

(c) be dismissed from his employment for being in breach of the term of his contract of
employment that he will carry out his work with proper care and skill. If the employer has
gone through the necessary procedures set out in the ACAS Code, 'Disciplinary Practice
and Procedures in Industry', an industrial tribunal may well declare such dismissal fair
Consequences of breach of duties
in HASAW by employers and
employees
Duties of employers to persons other than their employees

Every employer must conduct his undertaking in such a way as to ensure, so far as is
reasonably practicable, that persons not in his employment are not exposed to risks to
health or safety.
Health & Safety
Act 1974
Objectives

Identify main points associated with the Health &

Safety Act 1974.

Understand the duties of the employer and employee

under this Act.

Identify other areas for advice with Health & Safety

Laws.
Health & Safety Law Act 1974

Your Health, Safety and Welfare at Work are protected

by law.

Your employer has a duty to protect you and to keep

you informed about health and safety.

You have a responsibility to look after yourself and

others.

If there is a problem, discuss it with your employer or

your safety representative, if there is one.
Employers Duties
Your employer has a duty under the law to
ensure, so far as is reasonably practicable,
your health, safety and welfare at work.

In general, your employer's duties include:

making your workplace safe and without risks
to health.,
keeping dust, fume and noise under control;
ensuring plant and machinery are safe and
that safe systems of work are set and followed;
ensuring articles and substances are moved.
stored and used safely;
providing adequate welfare facilities;
giving you the information, instruction, training
and supervision necessary for your health and
safety.
Employers Duties
Your employer must also:
draw up a health and safety policy statement if
there are 5 or more employees, Including the
health and safety organisation and arrangements
in force, and bring it to your attention;
provide free, any protective clothing or
equipment specifically required by health and
safety law;
report certain injuries, diseases and dangerous
occurrences to the enforcing authority; provide
adequate firstaid facilities;
consult a safety representative, If one is
appointed by a recognised trade union, about
matters affecting your health and safety.,
set up a safety committee if asked in writing by 2
or more safety representatives.
Employers also have duties to take
precautions against fire, provide adequate
means of escape and means for fighting fire.
Employers Duties
In many workplaces employers may have
other specific duties:
to take adequate precautions against explosions
of flammable dust or gas and when welding and
soldering containers which have held an explosive
or flammable substance;
to maintain a workroom temperature of at least
16C after the first hour of work where employees
do most of their work sitting down;
to keep the workplace clean:
to provide, maintain and keep clean washing and
toilet facilities and accommodation for clothing and
to supply drinking water:
to see that workrooms are not overcrowded and
that they are well ventilated and lit;
Employers Duties
to ensure that floors, steps, stairs, ladders,
passages and gangways are well constructed and
maintained, and not obstructed;
to take special precautions before allowing
employees to enter and work in a confined space;
to ensure that employees do not have to lift, carry
or move any load so heavy that it is likely to injure
them:
to guard securely all dangerous parts of machines;
to see that employees, especially young people,
are properly trained or under adequate supervision
before using dangerous machines:
Employers Duties
to ensure that lifting equipment (hoists, lifts,
chains. ropes, cranes and lifting tackle) and steam
boilers, steam receivers and air receivers are weft
constructed, well maintained and examined at
specified intervals:
to give employees suitable eye protection or
protective equipment for certain jobs;
to take proper precautions to prevent employees
being exposed to substances which may damage
their health;
to take precautions against danger from electrical
equipment and radiation.
Employees Duties
As an employee, you have all duties too. They
Include:
taking reasonable care for your own health and
safety and that of others who may be affected by
what you do or do not do;
cooperation with your employer on health and
safety;
not interfering with or misusing anything provided
for your health, safety and welfare.
Advice on Problems
If you think there is a health and safety problem In
your workplace you should first discuss it with your
employer, supervisor or manager. You may also
wish to discuss it with your safety representative, if
there is one.

If the problem remains or you need more help,

health and safety inspectors can give advice on
how to comply with the law. They also have powers
to enforce it. The Health and Safety Executive's
(HSEs) Employment Medical Advisory Service can
give advice on health at work and firstaid. Contact
them at the addresses below.
Advice on Problems
Name and address of enforcing authority (eg the
HSE or your local Authoritys Environmental
Health Department)

Metropolitan Borough of Wigan

Environmental Health Dept
New Town Hall
Library Street
Wigan

Address of HSE's Employment Medical Advisory

Service

EMPLOYMENT MEDICAL ADVISORY SERVICE

Quay Street,
Manchester

You can get advice on general fire precautions

etc, from the Fire Brigade or your fire officer.
Publications The main Act of Parliament is the Health and Safety at
Work Act 1974 but particular purposes the Factories Act
1961; the mines and Quarries Act 1954; the Offices,
Shops and Railway Premises Act 1963, the Nuclear
Installations Act 1965; the Agriculture (Safety, Health and
Welfare Provisions) Act 1956; the Fire Precautions Act
1971 and other Acts & Regulations made under any these
may be equally relevant.

Useful HSE publications:

A Guide to the Health and Safety at Work Act 1974

(HS(R)6);
A guide to the Offices, Shops and Railway Premises
Act 1963 (HS(R)4);
A guide to agricultural legislation (HS(R)2);
The Factories Act 1961 A short guide;
The Essentials of Health and Safety at Work A
booklet for small firms;
Safety Representatives and Safety Committees.

Your employer may have copies what you can inspect.

They are also available from HMSO and Government
bookshops and booksellers.
Objectives

Identify main points associated with the Health &

Safety Act 1974.

Understand the duties of the employer and employee

under this Act.

Identify other areas for advice with Health & Safety

Laws.