What is The Health and Safety at Work Act 1974?

The Health and Safety at Work Act 1974 is the main item of legislation that applies to the management of occupational health and safety in the UK. Sometimes referred to as the HSWA, HSW Act, or HASAWA, it sets out the responsibilities of employers, employees, and other relevant parties to ensure that the workplace is as safe as possible.

You might not have the time or inclination to read through the entire Health and Safety at Work Act, given that it’s over 120 pages long. However, we’ll break down the key provisions in this article, emphasising the importance of compliance for UK employers.

Discover the difference that health and safety software can make in terms of meeting your obligations under the Act.

The Health and Safety at Work Act 1974

As mentioned, the purpose of the Health and Safety at Work Act 1974 is to set out the relevant responsibilities of employers and employees.

This includes the duties employers have for employees and the general public, employees have to themselves and each other, and certain self-employed people have for themselves and others. It applies to all workplaces, including shops, factories, and outdoor work sites.

Employers have the following responsibilities under UK health and safety law: 

• Taking measures to ensure the safe operation of the workplace environment, including the maintenance of equipment and systems

• Providing relevant information, instruction, training, and supervision to ensure the health and safety of employees

• Carrying out regular risk assessments for the identification of potential workplace hazards

• Eliminating or minimising identified risks according to the hierarchy of risk control

• Regularly consulting with employees on health and safety matters

• Sharing and maintaining a written Health & Safety policy

The Health and Safety at Work Act specifies the need for employees to assume a “duty of care” for their health and safety, together with the welfare of others who may be affected by their actions or omissions.

In particular, employees must:

• Follow safety instructions, use equipment correctly, and be aware of potential workplace hazards

• Take reasonable care for the health and safety of co-workers, visitors, contractors, and members of the public

• Cooperate with their employers on health and safety matters, following safety policies, attending training sessions, and participating in consultations as needed

• Monitor and report any unidentified hazards or risks at the first opportunity for the maintenance of health and safety standards.

The provisions are similar for self-employed workers, with a particular focus on taking measures both for their welfare and that of others.

The need for such precautions will depend on the nature of self-employed work, with risk assessments having to be carried out if the work is complex or involves significant hazards. Details of certain work-related accidents, diseases, and dangerous occurrences must also be reported to the relevant authorities, such as the Health and Safety Executive (HSE).

Whether you own a business or work as a self-employed sole trader, you must be aware of and ensure compliance with all legislation that falls under the scope of the Health and Safety at Work Act 1974.

This includes supplementary regulations such as:

• The Display Screen Regulations 1992 (updated in 2002)

• The Personal Protective Equipment Regulations 2018

• The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013

Such regulations apply to all business sectors. However, the need for health and safety provisions will depend on the nature and scale of operations, according to the level of risk. Particular precautions may have to be made if employees are expected to lift heavy goods, handle hazardous substances, or work at heights.

Importance of compliance with the Act

Formed under the Health and Safety at Work Act 1974, the HSE has responsibility for enforcing the range of provisions. Operating across England, Scotland, and Wales, they have the power to visit workplaces without any prior warning and conduct inspections under the Act.

The HSE may also conduct investigations into the causes of workplace accidents and incidents, giving recommendations as to how they might be avoided in the future.

Besides the moral obligation for your employee’s welfare, you should also be aware of the legal implications of any wrongdoing under the UK Health and Safety at Work Act.

If the HSE finds that you could have foreseen and taken measures for the prevention of health and safety offences, then you could face prosecution. Any penalties will be decided in court, and these penalties are uncapped, meaning you could face massive fines or imprisonment.

In fact, just looking at the HSE’s breach list, you’ll see fines ranging from £1000 to £900,000 for a ranges of health and safety breaches.

Other potential consequences of health and safety breaches include:

• More workplace injuries and deaths

• Worker’s compensation claims

• Reduced staff morale, leading to lower productivity and increased turnover

• Raised insurance premiums

Employees and self-employed workers may also be prosecuted if they’re found to have made faults which could have been avoided if employer guidance and policies had been followed. As an example, there may be a significant fine for the failure to follow health and safety training or use personal protective equipment.

The HSE might also serve improvement and prohibition notices, specifying the need to take or stop actions for the maintenance of health and safety standards.

Besides the avoidance of prosecution, compliance with health and safety legislation will bring these benefits:

• Prevention of injuries and illnesses, making for a happier, healthier, and more productive workforce

• Avoidance of associated costs, such as medical expenses, compensation claims, and the repair of faulty equipment

• Improvement of a company’s reputation as it shows commitment to the welfare of employees and the public.

The role of Health and Safety Software

Health and Safety software can be of great help when it comes to meeting your obligations under the Act. However, you must choose the right software for your business.

Such software should enable you to keep track of regulatory changes and minimise the significant risk of health and safety lapses. It should support you in completing risk assessments, maintaining hazard reports, and ensuring ongoing compliance with health and safety legislation.

With an end-to-end health and safety management system you can:

• Ensure protection against a variety of health and safety risks

• Reduce hazards and prevent accidents through real-time reporting

• Simplify compliance with an accurate digital audit trail.

You can expect a range of benefits as a result of choosing such comprehensive health and safety software. For instance, our software will enable you to report any accident in minutes, helping you to meet health and safety standards for the protection of your employees and your business. We make documentation painless with a library of expert templates. Plus, you get access to a 24/7 helpline for expert support without the hefty solicitor fees.

See what else is included with BrightSafe:

• Instant advice through our AI-powered question-and-answer service

• Unlimited storage for all of your safety documents

• Easy uploading of health and safety reports with documents, pictures, and even videos

• Instant compliance updates from across the world

• Optional BrightSafe Insure to protect your business and your wallet

• On-the-go access to bite-sized e-learning courses covering everything from hazardous substances to mental health awareness.

BrightSafe Health & Safety Software for your peace of mind

Having reviewed the provisions and potential risks of health and safety legislation breaches, you should recognise the importance of such comprehensive software. It’s bound to make a big difference, ensuring your continued awareness of legislative updates and ensuring that health & safety issues don’t slip through the cracks.

Investment in health and safety software will be a proactive step towards ensuring compliance with the Act and maintaining a safe working environment.

With smart tools, advisory, and support for protection against more than 600 potential health & safety risks, BrightSafe is the online health & safety software that your business needs.

With the BrightSafe team working tirelessly behind the scenes, you can be assured of continued compliance, risk minimisation, and the protection of your business reputation.

But you don’t have to take our word for it. Go ahead and book a free demo to see how BrightSafe can transform your compliance with health and safety legislation.