Health and Safety at Work etc. Act 1974

This Act established two bodies (Section 10):
1. The Health and Safety Commission (HSC), which can be thought of as the 'management committee' which reviews health and safety legislation. It also makes proposals for new or revised regulations to the Government.
2. The Health and Safety Executive (HSE), which is responsible for enforcing the provisions made under the Act.

The Act, frequently shortened to just ‘HSW Act', is what is called an 'enabling act': This allows the designated minister to make necessary health and safety regulations.

The authorities responsible for enforcing the relevant statutory provisions of the HSW Act can include:
• Agricultural Health and Safety Inspector.
• Fire Authority Officer.
• Health and Safety Executive Inspector.
• Local Authority Environmental Health Officer.

If there is a problem in a workplace that relates to health and safety issues, then this can result in the issuing of a specific type of 'Notice' by an inspector:

Improvement notice (Section 21)
"If an inspector is of the opinion that a person
(a) is contravening one or more of the relevant statutory provisions; or
(b) has contravened one or more of those provisions in circumstances that make it likely that the contravention will continue to be repeated,
he may serve an improvement notice that requires the person to remedy the contraventions within a specified period of time."

Prohibition notice (Section 22)
"If an inspector is of the opinion that:
• an activity or activities will involve a risk of serious personal injury then a prohibition notice may be served that takes immediate effect.
• the risk of serious injury is not imminent then the prohibition notice may take effect after a period specified in the notice."

A person who has been served a notice may make an appeal to an industrial tribunal against an improvement or prohibition notice (Section 24).

If an inspector has reasonable cause to believe that an article or substance is a cause of imminent danger of serious personal injury, they may seize it and cause it to be rendered harmless (by destroying it or by other means) (Section 25).

Failure to comply with a notice within the specified time period can ultimately result in a large fine or short term in prison.

This main piece of legislation states the duties of employers, employees and contractors in maintaining a safe working environment.

The key duties of employers to their employees are:
• “to ensure, so far is reasonably practicable, the health, safety and welfare at work of all his employees” (Section 2 (1));
• to ensure that “the provision and maintenance of plant and systems of work … are safe and without risks to health” (Section 2 (2)(a));
• to ensure suitable arrangements are in place regards the “use, handling, storage and transport” of materials (Section 2 (2)(b));
• to provide relevant “information, instruction, training and supervision”, (Section 2 (2)(c));
• to provide a safe and adequately maintained place of work, including access and exit points, (Section 2 (2)(d));
• to provide a safe and adequately maintained working environment, including “facilities and arrangements for their welfare at work”, (Section 2 (2)(e)).

An employer also has a duty arising from his activities to ensure that “persons not in his employment who may be affected … are not … exposed to risks to their health or safety”, (Section 3(1)).

The key duties of employees at work are:
• “to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work”, (Section 7(a));
• “to co-operate … [with their employer] so far as is necessary” to ensure the employer complies with their required duties, (Section 7 (b));
• to not “intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare”, (Section 8).