What is the Health and Safety at Work Act 1974?

The Health and Safety at Work etc. Act 1974 is the cornerstone piece of legislation governing workplace health and safety in the United Kingdom. There are other main pieces of legislation that support other areas of occupational health and safety, but if you’re looking to familiarise yourself with legislation this is an excellent starting point.

Understanding health and safety legislation and the repercussions of not following it is essential for any organisation looking to optimise their health and safety policies. This doesn’t have to be a time-consuming or complicated process as long as you familiarise yourself with our summary. 

What Is the Health and Safety at Work Act 1974?

The Health and Safety at Work etc. Act 1974, is an Act of Parliament that sets out the framework for managing workplace health and safety in the UK. 

In 2024, the HSE celebrated it’s 50-year anniversary, which is an incredible milestone. It served as a monumental turning point in UK safety regulations and prior to its existence health and safety laws were fragmented and often outdated. It brought together various regulation into a single framework, making it easier for employers to comply with their obligations.

The act sets a clear definition of employers (section 2) and employees (section 7,8). From owners to managers and employees – everyone has a role to play in the eyes of the law.

There is, however, further specific legislation for business sectors that operate within a higher risk environment, such as the construction industry, chemical manufacturing, etc. which we would encourage you to investigate for your specific sector.

Other regulations that support the Health and Safety at Work Act 1974 are know as statutory instruments, which are secondary pieces of legislation. Statutory instruments serve to make small adjustments or additions to existing legislation.

What Are the Key Points of the Health and Safety at Work Act. 1974?

As a brief overview of its key points, the Health and Safety at Work Act 1974 requires that workplaces provide:

• Appropriate training for staff members to ensure health and safety procedures are understood and adhered to properly.
• Proper welfare provisions for staff at work. Things such as toilets, drinking water, washbasins, a place to rest etc.
• A safe working environment that is maintained and operations within it are conducted safely.
• Provision of relevant information, instruction and supervision.

For workplaces with five or more employees, employers need to keep a written record of their health and safety policy. They should also consult employees or employee representatives on policies and associated health and safety arrangements.

Who Is Legally Responsible for Health and Safety at Work?

Quite simply, everyone is responsible for creating and maintaining workplace health and safety to some extent. It’s a constant pursuit and team effort year-round. Collaboration between employers and employees in both decision and action is the foundation on which this is built.

Employees are responsible for:

• Maintaining a safe workplace wherever possible.
• Taking care of their own health and safety and that of others affected by their actions. 
• Making full use of control measures put into place by their employers. 
• Participating in the safety training set out by their employer and make full use of the opportunity. 

Employers need to:

• Conducting a risk assessment in the workplace and implementing safety policies and procedures. 
• Providing the necessary training for staff to contribute to creating the right culture of health and safety and a safe environment for the future. 

For more information on the responsibilities of both employers and employees, you can view our guide for health and safety responsibilities in the workplace.

Who Enforces Health and Safety Legislation?

The Health and Safety Executive (HSE) is the British public body that is responsible for the encouragement, regulation and enforcement of workplace health and safety legislation in the UK. However, when it comes to enacting enforcement, this responsibility is generally divided between the HSE and relevant local authorities. They have authority to produce heavy unlimited fines and take legal action against organisation.

Which Workplaces Do Health and Safety Regulations Apply To?

Health and safety legislation applies to any and all industries and sectors, and it is therefore the responsibility of the employer to ensure that health and safety is effectively managed within the workplace. Employees then have the responsibility to comply with policies set in place.

The approach businesses take should be appropriate for the nature and size of their work, and the risks involved. It should be fairly simple for most small businesses that work in a low-risk environment.

One of the primary ways an organisation can achieve better standards of health and safety and fulfil their legal obligations is through adequate training. Our IOSH Managing Safely course below has been proven to help reduce accidents and build a positive culture around workplace safety amongst employees.