The Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 is an important piece of legislation that improves workplace safety in the UK.

Prior to its introduction, inconsistent safety regulations didn’t always prevent accidents. Historic laws, such as the Factories Act of 1833 and the Mines Act of 1842, aimed to improve health and safety in individual sectors, but they had limited scope.

© Panchenko Vladimir / Shutterstock

There were 651 fatalities in the UK workplace in 1974, compared with 135 in 2023 – a decrease of 79%. There has also been a reduction in injuries from 4,000 per 100,000 workers in 2000 to 1,750 per 100,000 workers in 2023.

Falls from height remain the most common cause of fatalities at 27%. Slips and trips are the leading cause of non-fatal accidents at 32%.

What are the most serious industrial diseases?

Aside from accidents, 1.7 million people in the UK have an illness caused or made worse by their job, according to data compiled in 2024.

Watchdog the Health and Safety Executive lists respiratory and lung problems as being among the most serious industrial diseases caused by exposure to hazardous dust and fumes in the workplace.

Exposure to silica dust can cause lung cancer, a particular risk to construction workers, who are also prone to suffering chronic obstructive pulmonary disease, or COPD, caused by construction dust. Inhaling asbestos can cause asbestosis, while working in dust and fumes without proper protection can also cause or worsen asthma.

Other lung diseases are caused by inhaling substances such as coal dust, cotton and various fibres, flour, grain and wood.

In a 2023 report, the HSE estimated 150,000 people had either developed a lung condition, or had an existing problem worsen, due to working conditions during the past three years.

What is the Health and Safety Act at Work 1974?

The law of health and safety at work is at the heart of UK employers’ efforts to ensure their workforce remains safe from harm. Over the past 50 years, the legislation has transformed occupational safety, setting higher standards.

Introduced to address a void in legislation, to consolidate fragmented laws and bring them up to date into one clear document, it set out the health and safety duties of employers and employees alike.

The Act was aimed at being proactive rather than reactive, preventing workplace diseases and accidents rather than dealing with them after they occurred.

As the global economy grew in the latter part of the 20th century, UK businesses became more aware that improving health and safety standards in the workplace could enhance the nation’s ability to compete with overseas competitors by reducing absenteeism and increasing productivity.

The Health and Safety at Work Act 1974 was a chance to reform industry using lessons learned over many years, representing a move from reactive and isolated measures to a unified and proactive approach.

Employers’ main responsibilities

Under the legislation, employers are responsible for protecting the health, welfare and safety of employees “as far as reasonably practicable.” This means taking every necessary step to protect the workforce as much as possible in every aspect of their job.

Employers must provide adequate employee training to make sure they understand and adhere to safety procedures in a working environment that is maintained properly and where all operations take place safely.

Workplaces with five or more staff must keep written records of health and safety policies and consult with employees on the arrangements.

As well as adhering to safety procedures, the company must also provide facilities to ensure employees’ comfort and access to sanitation such as drinking water, washing facilities, toilets and restrooms. Equipment must be well maintained, with floor spaces and walkways remaining free from clutter and the risk of falling objects.

Employees themselves must also contribute to workplace safety under the HSWA. They have a right to be informed about any workplace hazards, the precautions they should take and the safety protocols in place. They also have a right to training on safety practices, especially when new substances, equipment and procedures are introduced, and must adhere to the relevant protocols.

If any risk can’t be eliminated, the workforce must be provided with PPE. If they have concerns about incidents or hazards, employees should report them to their manager or supervisor and have a right to confidentiality if required. If reporting an issue internally doesn’t lead to action being taken, an employee can report to an external body, such as the HSE, although this is regarded as a last resort.

Regulations evolving from the HSWA

A number of key regulations have evolved from the Health and Safety at Work Act 1974, including the Management of Health and Safety at Work Regulations 1999, the Control of Substances Hazardous to Health Regulations 2002 and the Personal Protective Equipment Regulations 2018.

COSHH regulations apply in particular to working environments that present significant risks to employee safety, such as working in contaminated air, extremes of temperature or with hazardous substances.

The employer must provide PPE to reduce the potential risks of harm to employee health, such as installing dust and fume extraction systems to capture hazardous dust and fumes, contain them using internal filters and return clean air to the room.

The Health and Safety at Work Act has adapted to modern workplace challenges, such as digital technology and remote working. The workplace is evolving at great speed, with one of the biggest changes being the growth in technology that allows people to work from home.

A study in 2023 revealed 44% of UK employees were working remotely, with 28% having a hybrid arrangement of working from both home and the office and 16% working remotely full-time. These types of arrangements are creating new challenges for the HSWA 1974, as employers must still ensure the health and safety of their workforce, but it’s more challenging to do so when people aren’t in the regular workplace.

Providing advice on display screen equipment, the set-up of the home workspace and electrical safety checks are three key areas. However, home working is currently something of a grey area, as when an employee isn’t considered to have a suitable homework set-up, it may be reasonable to require them to return to the regular workplace.