Health and Safety at Work etc. Act 1974

Section 2 states that "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/her employees" (emphasis added), and in particular that such a duty extends to:

• Provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
• Arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
• 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 his employees;
• So far as is reasonably practicable as regards any place of work under the employer's control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
• Provision and maintenance of a working environment for his 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.

Section 3 states the duty of all employers and self-employed persons to ensure, as far as is reasonably practicable the safety of persons other than employees, for example, contractors, visitors, the general public and clients.

Employers must also prepare and keep under review a safety policy and to bring it to the attention of his employees (s.2(2)). Trade unions may appoint safety representatives and demand safety committees. The representatives have a right to be consulted on safety issues (ss.2(4), (6) and (7)). Since 1996 employers have had a duty to consult all employees on safety matters.[9][10] No employer may charge an employee for provision of health and safety arrangements (s.9).

The Act does not apply to domestic servants (s.51).

Section 4 defines a duty of occupiers of premises, for example commercial landlords, managers of serviced office accommodation, and also maintenance contractors, towards people who use those premises for work. Those premises, and the means of entry and exit, must be, as far as reasonably practicable, safe and without risks to health.

An "article for use at work" is any (s.53(1)):

• Plant (that is, machinery) designed for use or operation, whether exclusively or not, by persons at work, and
• Article designed for use as a component in any such plant.

Section 6(1) defines the duty of any person who designs, manufactures, imports or supplies any article for use at work to:

• Ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work;
• Perform such testing and examination as may be necessary to ensure safety;
• Take such steps as are necessary to secure that persons supplied with the article are provided with adequate information about the use for which the article is designed, or has been tested, and about any conditions necessary to ensure that it will be safe and without risks to health at all times, including when it is being dismantled or disposed of; and
• Take such steps as are necessary to secure, so far as is reasonably practicable, that persons are provided with all such revisions of information as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.

A person may rely on testing done by others so long as it is reasonable for him to do so (s.6(6)). A person may rely on a written undertaking by another person to ensure the safety of an item (s.6(8)) Designers and manufacturers must carry out research to identify and eliminate risks, as far as reasonably practicable (s.6(2)). Erectors and installers have responsibilities to ensure, as far as reasonably practicable, that an article is so erected and installed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work (s.6(3)).

Section 6 was extended by the Consumer Protection Act 1987 to cover fairground equipment and its use by persons at work and enjoyment by members of the public.[11]

Section 6(4) defines the duty of any person who manufactures, imports or supplies any substance for use at work to:

• Ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health at all times when it is being used, handled, processed, stored or transported by a person at work or in work premises;
• Perform such testing and examination as may be necessary to ensure safety;
• Take such steps as are necessary to secure that persons supplied with the substance are provided with adequate information about any risks to health or safety to which the inherent properties of the substance may give rise, about the results of any relevant tests which have been carried out on or in connection with the substance, and about any conditions necessary to ensure that the substance will be safe and without risks to health and when the substance is disposed of; and
• Take such steps as are necessary to secure, so far as is reasonably practicable, that persons are provided with all such revisions of information as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.

Similar to the regulations concerning articles used at work, a person may also rely on testing or written undertaking by another person to ensure the safety of substances used at work. The duty to identify and eliminate risks of substances rests with manufacturers.

The duties only extend to persons in business or acting by way of trade, even though not for profit, and only to matters within their control (s.6(7)). Persons who import into the UK are not relieved of liability for activities such as design and manufacture that took place outside the UK and over which they had control.[12] Finance companies who supply articles or substances by way of hire purchase or credit agreement have no duties under section 6 (s.6(9)).

Under section 7 all employees have a duty while at work to:

• Take reasonable care for the health and safety of him/herself and of other persons who may be affected by his/her acts or omissions at work; and
• Co-operate with employers or other persons so far as is necessary to enable them to perform their duties or requirements under the Act.

Section 8 requires that "no person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions."

What is reasonably practicable is a question of fact. The Court of Appeal held in 1949 that[13][14]

in every case, it is the risk that has to be weighed against the measures necessary to eliminate the risk. The greater the risk, no doubt, the less will be the weight to be given to the factor of cost.

— Lord Justice Tucker

and:

Reasonably practicable is a narrower term than 'physically possible' and seems to me to imply that a computation must be made by the owner in which the quantum of risk is placed on one scale and the sacrifice involved in the measures necessary for averting the risk (whether in money, time or trouble) is placed in the other, and that, if it be shown that there is a gross disproportion between them – the risk being insignificant in relation to the sacrifice – the defendants discharge the onus on them.

— Lord Justice Asquith

Where a criminal prosecution arises from a breach of duty and the accused's defence is that it would not have been practicable or reasonably practicable to act otherwise, the burden of proof falls on the defendant (s.40). The prosecution have the burden of showing beyond reasonable doubt that certain acts were done or omitted to provide a prima facie case against the accused. Only if the prosecution succeed in this does the defendant have the burden of proving that the alternative was not practicable or reasonably practicable, but only on the balance of probabilities.[15] The Court of Appeal held in 2002 that this requirement was compliant with article 6(2) of the European Convention on Human Rights (ECHR) as to presumption of innocence. The Court of Appeal noted that the "reverse burden" applied to purely regulatory breaches, rather than genuine criminal offences potentially punishable by imprisonment.[16] However, the Health and Safety (Offences) Act 2008 extended the sentences available for these offences to include imprisonment for two years. Before it was passed, the Department for Work and Pensions expressed the opinion that this is still compliant with the ECHR as it "strikes a fair balance between the fundamental right of the individual and the general interests of the community".[17]

In 2005, the European Commission challenged the defence as noncompliant with Directive 89/391/EEC, which states that (Art.5(1) and (4)):

"The employer shall have a duty to ensure the safety and health of workers in every aspect related to the work." but that "This Directive shall not restrict the option of Member States to provide for the exclusion or the limitation of employers' responsibility where occurrences are due to unusual and unforeseeable circumstances, beyond the employers' control, or to exceptional events, the consequences of which could not have been avoided despite the exercise of all due care."

The Commission argued that the "reasonably practicable" defence was much broader than allowed under the directive but in 2007 the European Court of Justice found for the UK that the defence was in fact compliant.[18]

Section 6(10) was added by the Consumer Protection Act 1987[19] disapplies duties as to articles and substances used at work where a risk "is shown to be one the occurrence of which could not reasonably be foreseen". This is known as the development risks defence.[20][21]

Before its merger with the HSE, the Commission consisted of a chairman and between six and nine other people, appointed by the appropriate Secretary of State, after consultation (section 10(2)-(4)). The Commission's duties were to (section 11(2)):

• assist and encourage persons concerned with matters relevant to the operation of the objectives of the Act;
• make arrangements for and encourage research and publication, training and information in connection with its work;
• make arrangements for securing that government departments, employers, employees, their respective representative organisations, and other persons are provided with an information and advisory service and are kept informed of, and adequately advised on, such matters;
• propose regulations.

The Commission further had to keep the Secretary of State informed of its plans and ensure alignment with the policies of the Secretary of State, giving effect to any directions given to it (section 11(3)). The Secretary of State could give directions to the Commission (section 12). On 1 April 2006, the Commission ceased to have responsibility for railway safety.[23] The Commission could delegate any of its functions to, or otherwise direct, the Executive (section 11(4)) and could direct the Executive to hold a public inquiry or other investigation into any accident (section 14). However, as of 1 April 2008, all its powers and responsibilities were transferred to the Executive.

The Executive consists of a chairman and between 7 and 11 other people, all appointed by the Secretary of State, as of 2008, the Secretary of State for Work and Pensions (Schedule 2). Before the 2008 merger, the Executive had to carry out all functions delegated to it, or otherwise directed by, the Commission and provide the Secretary of State with information and expert advice (section 11(5)). The Executive is responsible for enforcement of the Act and regulations made under it though the Secretary of State may transfer some of the duties to local government (section 18).

Under section, inspectors have the following powers:

• enter any premises which he has reason to believe it is necessary for him to enter so enforce the Act, at any reasonable time, or in a dangerous situation;
• take with him a constable if he has reasonable cause to fear any serious obstruction in the execution of his duty;
• take with him:
  • any other person duly authorised by the enforcing authority; and
  • any equipment or materials required for any purpose for which the power of entry is being exercised;
• make such examination and investigation as may in any circumstances be necessary for the purpose of enforcing the Act;
• direct that the premises, or any part of them, or anything therein, shall be left undisturbed, whether generally or in particular respects, for so long as is reasonably necessary for the purpose of any examination or investigation;
• take such measurements and photographs and make such recordings as he considers necessary for the purpose of examination or investigation;
• take samples of any articles or substances found, and of the atmosphere in or in the vicinity of the premises;
• cause an article or substance which appears to be a danger to health or safety, to be dismantled or subjected to any process or test, but not so as to damage or destroy it unless this is in the circumstances necessary to enforce the Act;
• take possession of such an article and detain it for so long as is necessary in order to:
  • examine it and do to it anything which he has power to do;
  • ensure that it is not tampered with before his examination of it is completed;
  • Ensure that it is available for use as evidence in any prosecution or any proceedings relating to a notice under sections 21 or 22;
• require any person whom he has reasonable cause to believe to be able to give any information relevant to any examination or investigation to answer (in the absence of persons other than a person nominated by him to be present and any persons whom the inspector may allow to be present) such questions as the inspector thinks fit to ask and to sign a declaration of the truth of his answers;
• require the production of, inspect, and take copies of or of any entry in:
  • any books or documents which by virtue of any of the relevant statutory provisions are required to be kept; and
  • any other books or documents which it is necessary for him to see for the purposes of any examination or investigation;
• require any person to afford him such facilities and assistance with respect to any matters or things within that person's control or in relation to which that person has responsibilities as are necessary to enable the inspector to exercise any of the powers conferred on him;
• any other power which is necessary to enforce the Act.

The Consumer Protection Act 1987 added the power for a customs officer to seize imported goods for up to 48 hours (section 25A). In observance of the principle of a right to silence, answers given to questions that the inspector required a person to answer cannot be used as evidence against him, nor his spouse or civil partner (section 20(7)), neither can the inspector require production of a document protected by legal professional privilege (section 20(8)).

If an inspector is of the opinion that a person (section 21) is currently contravening the Act; or has contravened the Act in the past in circumstances that make it likely that the contravention will continue or be repeated he may serve him with an improvement notice:[26]

• stating that he believes that the Act is being contravened or will be in the future;
• specifying the relevant provisions of the Act, giving particulars of the reasons why he is of that opinion; and
• requiring the person to remedy the contravention within a period, ending not earlier than the period within which an appeal can be brought under section 24, as of 2008, 21 days.[27]

Appeal against a notice is within 21 days to an employment tribunal who may appoint one or more assessors to sit with them (s.24).[27][28]

If an inspector is of the opinion that activities are being carried on, or are likely to be carried on, involving the risk of serious personal injury, he may serve him with a prohibition notice (section 22):[26]

• stating that the inspector is of that opinion;
• specifying the matters which in his opinion give, or will give rise, to that risk;
• where in his opinion any of those matters involves, or will involve a contravention of the Act:
  • stating that he is of that opinion;
  • specifying the relevant statutory provisions; and
  • giving particulars of the reasons why he is of that opinion; and
• directing that the activities shall not be carried on unless the deficiencies have been remedied.

The notice may start immediately or at the end of a specified period (section 22(4). Appeal against a notice is within 21 days to an employment tribunal who may appoint one or more assessors to sit with them (section 24).[27][28]

Section 33(1) creates 15 criminal offences including breach of a duty under the Act or a regulation, contravention of a notice, or obstructing an inspector. In England and Wales prosecution under the Act could originally only be brought by an inspector or with the permission of the Director of Public Prosecutions but the Environment Agency was also authorised on 1 April 1996 (section 38).[29] All offences under the Act are either summary offences or offences triable either way so inspectors start prosecutions by laying an information before the magistrates' court.[30] Inspectors can themselves be authorised to exercise rights of audience before the Magistrates even though not legally qualified (section 39).

If a person, by some act or omission, causes another person to commit the actus reus of an offence under the Act then they too are guilty of an offence, even if the other person was not prosecuted or could not be prosecuted because they were the Crown (section 36). Where an offence is committed by a body corporate with the consent or connivance, or by the neglect, of a director, manager, secretary or a member acting in a managerial capacity, that individual too is guilty of an offence (section 37).

Where a person is convicted under the Act, the court can order that he remedy the state of affairs or can order forfeiture of an item in question (section 42).