Health and Safety at Work Act 1974 (HSWA)
Official short title: Health and Safety at Work etc. Act 1974
Last amended by Sentencing Council Guidelines in 2015. New sentencing guidelines for health and safety offences dramatically increased fine levels based on organisational turnover and culpability.
Independent editorial summary โ not the official statute text. Read the official version on legislation.gov.uk.
Territorial extent: legislation.gov.uk marks all 157 provision entries in this Act\'s CLML contents "E+W+S+N.I.", but that is a maximum envelope: s.84(1) provides that the Act does not extend to Northern Ireland except so far as is necessary to enable regulations under s.15 or s.30 to operate for the purpose in Schedule 3 paragraph 2, and Northern Ireland has its own regime under the Health and Safety at Work (Northern Ireland) Order 1978. s.84(2) also provides that Part III, except s.75 and Schedule 7, does not extend to Scotland.
Source: legislation.gov.uk extent data (E+W+S+N.I., see s.84)
Summary
The Health and Safety at Work Act 1974 (HSWA) is the primary piece of legislation covering occupational health and safety in Great Britain. It places general duties on employers, employees, and self-employed persons to ensure health, safety, and welfare at work. The Health and Safety Executive (HSE) is responsible for enforcement.
Key Points
- Extends to Great Britain; Northern Ireland has its own parallel regime under the Health and Safety at Work (Northern Ireland) Order 1978
- General duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of employees (s.2)
- Duty to non-employees affected by the undertaking (s.3)
- Duty on employees to take reasonable care and cooperate with the employer (s.7)
- Duty not to charge employees for safety measures (s.9)
- Establishment of the Health and Safety Executive (s.10)
- Power to make health and safety regulations (s.15) โ the basis for hundreds of statutory instruments
- HSE inspectors have powers of entry, inspection, and enforcement
- Improvement notices and prohibition notices can be served by inspectors
- Criminal offences for breach โ unlimited fines and, for the more serious offences, imprisonment of up to 2 years (ss.33โ42)
Parts & Sections
Amendments History
2008 โ Health and Safety (Offences) Act 2008
Increased maximum penalties for health and safety offences โ raised the fines available in the magistrates' court and made more offences imprisonable.
2015 โ Sentencing Council Guidelines
New sentencing guidelines for health and safety offences dramatically increased fine levels based on organisational turnover and culpability.
Frequently asked questions
- What is the main law covering workplace safety in Great Britain?
- The Health and Safety at Work etc. Act 1974 is the primary legislation covering occupational health and safety in Great Britain. It places general duties on employers, employees, and self-employed persons to ensure health, safety, and welfare at work. The Health and Safety Executive (HSE) is responsible for enforcing these provisions.
- What are the main duties of an employer under the Act?
- Employers have a general duty to ensure, so far as is reasonably practicable, the health, safety, and welfare of all their employees. They must also conduct their undertaking in a way that ensures persons not in their employment are not exposed to risks to their health or safety.
- What responsibilities do employees have under the Health and Safety at Work Act?
- Employees are required to take reasonable care for the health and safety of themselves and others. They must also cooperate with their employer to ensure the employer can comply with their legal duties regarding health and safety at work.
- What are the penalties for breaking health and safety laws?
- Breach of the Act constitutes a criminal offence. Penalties include unlimited fines and imprisonment for up to two years. The Health and Safety (Offences) Act 2008 increased maximum penalties, and sentencing guidelines now base fine levels on organisational turnover and culpability.
- Who enforces the Health and Safety at Work Act?
- The Health and Safety Executive (HSE) is responsible for enforcement. HSE inspectors have powers of entry, inspection, and enforcement. They can serve improvement notices or prohibition notices to address breaches of health and safety requirements.
- Can an employer charge me for safety equipment or measures?
- Employers are prohibited from charging employees for safety measures. Section 9 of the Act specifically states that employers must not charge employees for any safety measures that are required to be provided under the legislation.