Health and Safety at Work etc. Act 1974

In brief

The Health and Safety at Work etc. Act 1974 is the framework statute for health, safety and welfare at work in Great Britain. Section 2(1) places on every employer a duty to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees. Section 2(2) lists matters that duty includes in particular, among them plant and systems of work that are safe and without risks to health (s.2(2)(a)), the information, instruction, training and supervision necessary for health and safety at work (s.2(2)(c)), and a working environment that is safe, without risks to health and adequate as regards facilities and arrangements for employees' welfare at work (s.2(2)(e)). Except in prescribed cases, the employer must also prepare a written health and safety policy and bring it to the notice of employees (s.2(3)). Section 3(1) requires every employer to conduct its undertaking so as to ensure, so far as is reasonably practicable, that people not in its employment who may be affected are not exposed to risks to their health or safety. Section 7 requires every employee while at work to take reasonable care for the health and safety of themselves and of others who may be affected by their acts or omissions at work (s.7(a)), and to co-operate with the employer so far as necessary to enable the employer's statutory duties to be performed (s.7(b)). An employer may not charge an employee for anything done or provided under a specific requirement of the relevant statutory provisions (s.9). Failing to discharge a duty under sections 2 to 7 is a criminal offence (s.33(1)(a)), with mode of trial and maximum penalty in Schedule 3A (s.33(2)). The Health and Safety Executive enforces the relevant statutory provisions, except where regulations make local authorities or another body responsible (s.18(1) and (2)). Breach of sections 2 to 7 gives no right of action in civil proceedings (s.47(1)(a)); breach of a duty in health and safety regulations is not actionable except to the extent regulations under section 47 provide (s.47(2)); and rights of action that exist apart from the Act are unaffected (s.47(4)). The sections held in the body text contain no reference to sex or gender. Part I does not extend to Northern Ireland except for a narrow regulation-making purpose (s.84(1)).

Key provisions

• HSWA s.2(1) — General duty of employers to their employees : It is the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all its employees. 'Employee' means an individual who works under a contract of employment, or is treated by section 51A as an employee (police), per s.53(1).
• HSWA s.2(2)(a) and (c) — Safe systems of work; information, instruction, training and supervision : Without prejudice to the generality of s.2(1), the duty includes in particular: (a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health; and (c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of the employer's employees.
• HSWA s.2(2)(e) — Working environment and welfare facilities : Without prejudice to the generality of s.2(1), the duty includes in particular the provision and maintenance of a working environment for the employer's employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.
• HSWA s.2(3) — Written health and safety policy : Except in such cases as may be prescribed, every employer must prepare, and revise as often as appropriate, a written statement of its general policy on the health and safety at work of its employees and of the organisation and arrangements for carrying out that policy, and bring the statement and any revision to the notice of all its employees.
• HSWA s.3(1) — General duty of employers to persons other than their employees : It is the duty of every employer to conduct its undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in its employment who may be affected by it are not thereby exposed to risks to their health or safety. Per s.3(2), a self-employed person who conducts an undertaking of a prescribed description owes a corresponding duty to themselves and to others (not being their employees) who may be affected; per s.3(3), in prescribed cases employers and self-employed persons must give such persons prescribed information.
• HSWA s.7 — General duties of employees at work : It is the duty of every employee while at work (a) to take reasonable care for the health and safety of themselves and of other persons who may be affected by their acts or omissions at work; and (b) as regards any duty or requirement imposed on their employer or any other person by or under any of the relevant statutory provisions, to co-operate with them so far as is necessary to enable that duty or requirement to be performed or complied with.
• HSWA s.9 — No charge for things provided under specific requirements : No employer shall levy or permit to be levied on any employee of its any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.
• HSWA s.33(1)(a) and (2) — Offence of failing to discharge a general duty : It is an offence for a person to fail to discharge a duty to which they are subject by virtue of sections 2 to 7 (s.33(1)(a)). It is also an offence to contravene any health and safety regulations (s.33(1)(c)). Schedule 3A specifies the mode of trial and maximum penalty (s.33(2)).
• HSWA s.18(1)-(2) — Enforcing authorities : It is the duty of the Health and Safety Executive to make adequate arrangements for the enforcement of the relevant statutory provisions, except to the extent that another authority or class of authorities is made responsible by those provisions or by regulations under s.18(2) (s.18(1)). Regulations may make local authorities responsible to such extent as may be prescribed (s.18(2)(a)); the Office for Nuclear Regulation is responsible for GB nuclear sites (s.18(1A)). The Executive is established by s.10(1).
• HSWA s.47 — Civil liability : Nothing in Part I is to be construed as conferring a right of action in any civil proceedings in respect of any failure to comply with any duty imposed by sections 2 to 7 or any contravention of section 8 (s.47(1)(a)). Breach of a duty imposed by a statutory instrument containing health and safety regulations is not actionable except to the extent that regulations under section 47 so provide (s.47(2)). Section 47(1)(a), (2) and (2A) are without prejudice to any right of action which exists apart from the provisions of the Act (s.47(4)).
• HSWA s.84(1) — Extent : The Act, except Part I and Part IV so far as necessary to enable regulations under section 15 or 30 to be made and operate for the purpose in paragraph 2 of Schedule 3, and paragraph 3 of Schedule 9, does not extend to Northern Ireland. Per s.84(2), Part III (other than section 75 and Schedule 7) does not extend to Scotland; Part I does extend to Scotland.

When relevant

Relevant when an organisation in England, Wales or Scotland asks what it owes, in health and safety terms, to the people who work for it or are affected by its work, for example whether it must provide a trans employee with protective equipment that fits, or whether its welfare facilities meet its duties. Section 2 is owed to employees, meaning people working under a contract of employment (s.53(1)); section 3(1) reaches people not in the employer's employment, such as agency workers, contractors, visitors and members of the public, for risks to their health or safety; section 7 places duties on employees. For protective equipment, PPEWR1992 sets the specific duties and, since 6 April 2022, reaches limb (b) workers as well as employees. For toilets, washing and changing facilities, WHSWR1992 sets the detailed standards; this Act supplies only the general welfare duty in s.2(2)(e). The duties are enforced through criminal offences (s.33) and by the Health and Safety Executive or, where regulations provide, a local authority (s.18); they give no civil claim under this Act (s.47(1)(a) and (2)). Questions of discrimination, for example less favourable treatment because of gender reassignment, are for the Equality Act 2010 (EA2010), not this Act. Part I does not extend to Northern Ireland (s.84(1)), and the toolkit does not hold the Health and Safety at Work (Northern Ireland) Order 1978. Decision support, not legal advice.