What is the Health and Safety at Work Act 1974?

The Health and Safety at Work etc. Act 1974 (HSWA 1974 or HASAWA) is the primary piece of legislation covering occupational health and safety in the UK. It sets out the general duties that employers have towards employees and the public, and that employees have to themselves and each other.

What is the HSWA 1974?

The Health and Safety at Work etc. Act 1974 is the fundamental framework for health and safety law in the UK. It places general duties on:

• Employers — to protect workers and others affected by work activities
• Employees — to take care of their own safety and that of others
• Self-employed persons — to protect themselves and others
• Designers, manufacturers, and suppliers — to ensure products are safe
• Those in control of premises — to maintain safe working environments

The Act doesn't specify detailed requirements for every situation. Instead, it establishes broad principles and gives the power to create more specific regulations (like the Electricity at Work Regulations, Control of Substances Hazardous to Health, etc.).

Why was the HSWA 1974 created?

Before 1974, UK health and safety law was a patchwork of outdated, industry-specific regulations. The system was:

• Fragmented — different rules for different industries, with gaps in coverage
• Reactive — focused on compensation after accidents rather than prevention
• Prescriptive — detailed rules that couldn't keep pace with technological change
• Ineffective — workplace injuries and deaths were unacceptably high

The Robens Report (1972)

The catalyst for change was the Robens Report, a government inquiry chaired by Lord Robens. Key findings:

• Too much law, but not enough action
• Self-regulation by industry was more effective than detailed rules
• Workers and their representatives should be involved in safety decisions
• A single framework law was needed to cover all workplaces

The HSWA 1974 was Parliament's response. It came into force on 1 April 1975 and has been the backbone of UK workplace safety ever since.

Key sections of the HSWA 1974

The Act is structured in sections, each covering different aspects of health and safety duties.

Section 2: Employer duties to employees

Section 2(1) is the core duty:

"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

This breaks down into specific areas:

Section 2(2) specifies that employers must provide:

• Safe plant and systems of work — equipment and work processes must be safe
• Safe use, handling, storage, and transport of articles and substances — manage hazardous materials properly
• Information, instruction, training, and supervision — employees must know how to work safely
• Safe workplace with safe access and egress — the building itself and routes in and out must be safe
• Safe working environment with adequate welfare facilities — suitable conditions, toilets, washing facilities, rest areas

Section 2(3) requires larger employers (5+ employees) to:

• Prepare a written health and safety policy
• Bring the policy to employees' attention
• Review and update it as necessary

Section 2(4-7) covers:

• The right to safety representatives appointed by recognised trade unions
• The duty to consult with employee representatives
• The establishment of safety committees if requested

Section 3: Duties to non-employees

Employers and self-employed persons must ensure their work activities do not put others at risk:

"It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

This applies to:

• Members of the public — people passing by or near your work activities
• Visitors — clients, customers, delivery drivers
• Contractors — those working on your premises but not employed by you
• Neighbouring businesses — others who might be affected by what you do
• Students, pupils, patients — in educational or healthcare settings

Section 3(2) requires self-employed persons to protect both themselves and others affected by their work.

Section 3(3) requires those who control premises to provide information about risks to non-employees.

Section 4: Duties of those in control of premises

Those who control work premises have duties to people who are not their employees but use the premises:

• Ensure safe means of access and egress
• Ensure the premises and equipment are safe
• Ensure safe use of plant or substances provided

This section is particularly important for landlords, building owners, and managing agents.

Section 7: Employee duties

Employees are not just passive recipients of safety measures. They have active duties:

"It shall be the duty of every employee while at work—

(a) 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; and

(b) to co-operate with his employer or any other person so far as is necessary to enable that person to comply with any duty or requirement imposed on them under health and safety law."

In plain English:

• Look after yourself — don't take unnecessary risks
• Look after others — your actions affect colleagues and the public
• Follow instructions — use equipment and safety measures as you've been trained
• Co-operate — work with your employer's safety efforts, don't undermine them
• Report problems — tell your employer about hazards or defects

Section 8: Duty not to interfere or misuse

"No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare."

This makes it an offence to:

• Tamper with safety guards on machinery
• Disable fire alarms or remove fire extinguishers
• Block fire exits
• Misuse safety equipment
• Remove or deface safety signs

This applies to everyone — employees, visitors, contractors, anyone.

Section 9: No charges for safety measures

Employers cannot charge employees for anything provided to comply with health and safety law:

• Personal protective equipment (PPE)
• Health surveillance (medical checks)
• Safety training
• Any other legally required safety measure

Who does the HSWA 1974 apply to?

Almost everyone

The Act applies across nearly all work sectors in Great Britain (England, Scotland, Wales):

• Employers (of any size, from sole traders to multinationals)
• Employees (full-time, part-time, temporary, contract workers)
• Self-employed persons
• Manufacturers, designers, suppliers, and importers of work equipment
• Those in control of premises where work is carried out

Limited exceptions

Very few workplaces are exempt:

• Domestic servants in private households
• Some activities covered by other specific legislation (e.g., some aspects of aviation, shipping)

Important: Even if you don't employ anyone, if you're self-employed or in control of premises, you likely have duties under the Act.

"So far as is reasonably practicable"

This phrase appears throughout the HSWA 1974 and is critical to understanding your duties.

What does it mean?

"Reasonably practicable" is a balance between:

• The risk — the likelihood and severity of harm
• The sacrifice — the cost, time, and difficulty of measures to eliminate or reduce the risk

The test is: Is the risk significant enough that a reasonable person would take the action to reduce it, considering the cost and effort involved?

What it doesn't mean

• "As far as possible" — You don't have to do literally everything imaginable regardless of cost
• "As far as we can afford" — Cost can be considered, but only if it's grossly disproportionate to the risk
• "What we feel like doing" — It's an objective standard, not a subjective choice

The burden of proof

Importantly, in legal proceedings, if there's been a breach of duty, the burden is on the employer to prove that it was not reasonably practicable to do more. This is a reversal of the usual "innocent until proven guilty" approach.

Practical examples

Example 1: Working at height

Risk: Fall from 3m height, likely to cause serious injury or death.

Measures:

• Scaffolding costs £2,000
• Takes 1 day to erect
• Standard practice in the industry

Reasonably practicable? Yes. The risk is serious, the cost is proportionate, and it's standard practice. You must do it.

Example 2: Extremely rare risk

Risk: Meteor strike on office building (essentially zero probability)

Measures:

• Reinforced bunker would cost £500,000
• Would make building unusable for normal work

Reasonably practicable? No. The risk is so negligible that the cost and disruption would be grossly disproportionate.

Relationship to other health and safety regulations

The HSWA 1974 is the "parent" legislation. It gives the government power to create more specific regulations:

Regulations made under the HSWA 1974

These are detailed rules for specific hazards or situations:

• Management of Health and Safety at Work Regulations 1999 — requires risk assessments and management systems
• Workplace (Health, Safety and Welfare) Regulations 1992 — covers general workplace conditions
• Personal Protective Equipment at Work Regulations 1992 — requirements for PPE
• Manual Handling Operations Regulations 1992 — lifting and carrying
• Display Screen Equipment Regulations 1992 — workstations and computers
• Control of Substances Hazardous to Health Regulations 2002 (COSHH) — chemical and biological hazards
• Electricity at Work Regulations 1989 — electrical safety
• Gas Safety (Installation and Use) Regulations 1998 — gas appliances and fittings
• Regulatory Reform (Fire Safety) Order 2005 — fire safety (not made under HSWA but runs parallel to it)
• Control of Asbestos Regulations 2012 — managing asbestos risks
• Legionella Control (part of COSHH and Approved Codes of Practice) — water safety

How they work together

Think of it as a pyramid:

┌─────────────────────────────────────┐
│    HSWA 1974 (Broad principles)    │
├─────────────────────────────────────┤
│  Regulations (Specific requirements)│
├─────────────────────────────────────┤
│ Approved Codes of Practice (Guidance)│
├─────────────────────────────────────┤
│    HSE Guidance (Best practice)     │
└─────────────────────────────────────┘

• The HSWA 1974 sets the overall duty (e.g., "ensure safety")
• Regulations set specific requirements (e.g., "carry out a risk assessment")
• Approved Codes of Practice (ACOPs) provide detailed guidance (legal status: if you follow them, you're complying; if you don't, you must prove your alternative is equally effective)
• HSE Guidance offers practical advice (not legally binding but represents good practice)

Enforcement of the HSWA 1974

Who enforces it?

Two main bodies:

1. Health and Safety Executive (HSE) — enforces in:

   • Factories and construction sites
   • Mines, quarries, and offshore installations
   • Farms
   • Hospitals and schools
   • Gas supply and distribution
   • Nuclear installations

2. Local Authorities — enforce in:

   • Shops and retail premises
   • Offices
   • Hotels and catering
   • Leisure and consumer services
   • Residential care homes

How is it enforced?

Inspectors have extensive powers under Sections 20-25 of the Act:

Powers of entry and inspection:

• Enter premises at any reasonable time (or any time if they believe there's danger)
• Bring police officers if they anticipate obstruction
• Take samples and photographs
• Examine documents and records
• Interview witnesses (with caution if potential prosecution)

Enforcement actions:

1. Informal advice — for minor issues or where there's a willingness to improve
2. Improvement Notice — requires you to remedy a breach within a specified time (minimum 21 days)
3. Prohibition Notice — stops an activity immediately if there's a risk of serious personal injury
4. Prosecution — for serious breaches or failure to comply with notices

Penalties for non-compliance

Magistrates' Court (summary offences):

• Fines up to £20,000 for most offences
• Up to 6 months imprisonment for some offences

Crown Court (indictment):

• Unlimited fines
• Up to 2 years imprisonment for breaches of Sections 2-6 or of improvement/prohibition notices
• Directors and senior managers can be personally prosecuted under Section 37 if the offence was committed with their consent, connivance, or due to their neglect

Fees for intervention (FFI)

Since 2012, if HSE identifies a "material breach" of health and safety law, they can charge you for the time spent investigating and taking enforcement action. The current rate is around £163 per hour.

This applies from the moment the breach is identified until all necessary enforcement action is complete.

Modern relevance of the HSWA 1974

Still the foundation 50 years on

Despite being half a century old, the HSWA 1974 remains:

• Current — its goal-setting approach means it adapts to new workplaces and technologies
• Effective — workplace fatalities have fallen from around 650 per year in the mid-1970s to around 135 per year today (despite a much larger workforce)
• Comprehensive — it covers risks that didn't exist in 1974 (computer workstations, drones, modern chemicals, mental health)

Emerging areas

The principles of the HSWA 1974 are being applied to newer risks:

Mental health and psychosocial risks:

• Work-related stress, anxiety, and depression
• Bullying and harassment
• Workload and working hours

The duty under Section 2 to ensure employees' "health, safety and welfare" includes mental health. Employers must assess and manage psychosocial risks just as they would physical hazards.

Remote and hybrid working:

• Display screen equipment assessments for home offices
• Managing lone working risks
• Ensuring suitable working conditions in employees' homes

Section 2 duties extend to employees working remotely. While you can't control everything in an employee's home, you must do what is reasonably practicable to ensure their safety.

Gig economy and non-standard employment:

• Workers who aren't traditional employees still have protections
• Section 3 duties to contractors and self-employed persons
• Shared responsibilities in multi-employer situations

Practical steps to comply with the HSWA 1974

For employers

1. Understand your general duty (Section 2)

• Ensure health, safety, and welfare of employees "so far as is reasonably practicable"
• This is the foundation — everything else flows from this

2. Carry out risk assessments

• Identify what could cause harm
• Decide who might be harmed and how
• Evaluate the risks and implement controls
• Record your findings (if 5+ employees)
• Review regularly

3. Implement control measures

• Follow the hierarchy of controls (eliminate, substitute, engineer, admin, PPE)
• Ensure measures are suitable and sufficient
• Maintain equipment and systems

4. Provide information, instruction, and training

• Induction training for new employees
• Job-specific training
• Refresher training as needed
• Clear instructions and safe systems of work

5. Consult with employees

• Safety representatives (if appointed by unions)
• Employee consultation (if no unions)
• Safety committees (if requested)

6. Prepare a written health and safety policy (if 5+ employees)

• Statement of intent
• Organisation (who does what)
• Arrangements (how you manage risks)
• Review and update annually or when things change

7. Protect non-employees (Section 3)

• Assess risks to visitors, contractors, public
• Provide necessary information and controls
• Co-ordinate with other duty holders

8. Monitor, review, and improve

• Regular inspections and audits
• Investigate accidents and near misses
• Learn from incidents and update risk assessments
• Keep records

For employees

1. Take care of yourself and others (Section 7)

• Follow training and instructions
• Use equipment properly
• Don't take shortcuts that create risks

2. Co-operate with your employer

• Attend training
• Follow procedures
• Use PPE as instructed
• Participate in consultations

3. Report hazards and defects

• Tell your supervisor or safety representative
• Don't assume someone else will report it
• Use your employer's reporting system

4. Don't interfere with safety measures (Section 8)

• Never disable or misuse safety equipment
• Don't remove guards, signs, or barriers
• Respect fire safety measures

Frequently asked questions

Next steps

To understand specific duties in more detail:

Risk Assessment Guide →

Employer Safety Duties Explained →

To check if you're meeting your obligations:

Health & Safety Compliance Checker →

Related articles:

• Risk Assessment: A Complete Guide
• Employer Health and Safety Duties
• Employee Responsibilities for Safety

Useful tools:

• Responsibility Checker
• Compliance Audit Tool