Donna Foulis 
Date published: Mar 22, 23 Last updated: Aug 28, 24Donna Foulis Date published: Mar 22, 23 Last updated: Aug 28, 24
Workplaces in the UK have been protected by the Health and Safety at Work Act (HASAWA 1974) for over four decades. This vital piece of legislation is applicable to all workplaces, regardless of their size. In this blog, we break down the key points of the Act and explore its relevance for the present day.
The Health and Safety at Work Act 1974 (HASAWA) is a fundamental piece of legislation for workplaces in the UK. It ensures that all employers provide a safe working environment and look out for the health of their employees—regardless of their place of work.
The Act pertains not only to permanent staff but also to casual, self-employed and temporary workers, as well as visiting members of the public. It is regulated by the Health and Safety Executive (HSE), the primary regulator for workplace health and safety in the UK.
While HASAWA is a comprehensive piece of legislation, its key points can be distilled into the following six areas:
This covers the physical workplace to ensure that premises meet safety standards. Considerations include fire safety, cleanliness, waste management and the handling of harmful substances. Workplaces such as construction sites or medical labs will have more factors to consider than an office building.
Employers must be aware of the risks their workplace poses and undertake adequate risk assessments to ensure appropriate safety controls are in place.
Any equipment used at work, including computers and electronic devices, needs to be maintained to ensure it is safe to use. This typically involves periodic safety checks by an appointed person and a set process for reporting faults so they can be repaired.
Fostering a safe workplace requires surrounding yourself with responsible and competent staff. This includes both onsite training (to ensure all staff have been trained to use equipment properly) and general health and safety training, such as manual handling and fire safety.
Employees also have a responsibility to take on board training and carry out procedures safely, ensuring they keep themselves and others safe while performing their work.
Thorough risk assessments are a crucial part of HASAWA, enabling employers to put in place appropriate preventative actions for each identified risk. The legislation requires employers to protect the health and safety of their employees “as far as is reasonably practical.”
The key here is assessing risk. If something is identified as very low risk and would incur significant cost to mitigate, it might not need to be actioned. However, this should not be used to avoid responsibility; each risk should be carefully considered to ensure the safety of workers and members of the public.
This covers basic necessities such as toilets, clean drinking water, heating and air conditioning. If kitchen facilities are provided, any appliances must be checked and maintained accordingly. Employees also have a role in keeping these areas clean and taking responsibility for their own health and safety.
A dedicated person should be responsible for ensuring all health and safety duties are carried out and adhered to by employees. This may involve routine safety inspections, managing daily operations and working with safety representatives throughout the business. If your organisation is unionised, you will also need to liaise with an appointed representative.
Three main groups are covered by HASAWA:
All employers must comply with HASAWA, regardless of the size or type of their business. Importantly, the regulation also applies to employees, who are expected to take responsibility for their own safety and avoid posing risks to others. For example, if an injury occurs because an employee did not follow correct procedures despite receiving training, that employee could be held accountable.
Self-employed individuals are also subject to the Act if they employ others or if their work might pose a risk to others. This can apply to any service provider using equipment or harmful substances, or if they consult on health and safety matters.
Adhering to ISO 45001 is a robust way to manage essential occupational health and safety activities and demonstrate compliance with the Health and Safety at Work Act. Following the framework of this standard ensures that all aspects of health and safety at work are efficiently managed, providing assurance to employees, regulators and employers alike.
At its inception, the Health and Safety at Work Act 1974 aimed to address dangerous working conditions in factories and mines, standardising laws across various workplaces to prevent work-related accidents, deaths and illnesses.
As such, HASAWA remains the foundation for workplace wellbeing. However, in an era of remote and hybrid working, how does it apply? Employers still bear responsibility for the health and safety of employees working from home. They may need to consider different risk factors involved in remote working, such as off-site display screen equipment, maintaining communication and managing stress.
HASAWA continues to be a critical piece of legislation, ensuring safe and healthy working environments across the UK. By understanding and complying with its requirements, businesses can protect their employees, avoid legal issues and promote a culture of safety.
Learn more about how we can support your organisation in maintaining a safe and compliant workplace.
