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Introduction

2024 marks the fiftieth anniversary of the Health and Safety at Work etc. Act 1974 (HSWA). Such an anniversary prompts reflections on the impact of the act, together with how it applies to contemporary challenges.

The Robens Report

Any such reflection should, however, start by looking at the background to the introduction of the Act.By the late 1960s, there was a growing acknowledgement of how dangerous work could be. Attempts had been made to tackle the issue of workplace safety but industry-specific legislation governing safety in mines, factories etc. was prescriptive and often failed to keep pace with technological advances. Significant industrial incidents had also brought the issue of industrial safety to the public’s attention.

Lord Alfred Robens was therefore tasked with making recommendations to overhaul the system. His subsequent report exposed the flaws in the health and safety system and proposed fundamental changes to how health and safety was managed, regulated and enforced.

Robens recommended a goal-setting, rather than prescriptive, regulatory framework where those who create risk must take responsibility to manage and control it. This regulatory framework emphasised self-regulation but with a new regulator to promote the framework and take enforcement action where required.

The Robens report ultimately led to the Health and Safety at Work etc. Act 1974, together with the establishment of the Health and Safety Commission (HSC) and the Health and Safety Executive (HSE). 

Brief outline of the HSWA

Roben proposed to simplify the existing mosaic of health and safety legislation and replace it with a single act that would apply to all workers. The HSWA is therefore a framework of rules with the overarching aim of creating a safe working environment. It aims to protect the health, safety and welfare of people at work, together with the general public who are affected by those work activities by:

• Establishing general principles that employers and employees should follow to ensure health and safety at work;
• Requiring employers to assess and manage the risks to the health and safety of their employees and others affected by the work;
• Providing mechanisms for the development of health and safety regulations, approved codes of practice and guidance; and
• Providing mechanisms for the enforcement of health and safety standards.

The HSWA is a piece of primary legislation where the emphasis is on the risks associated with work, rather than the type of workplace. It is underpinned by subordinate legislation that focuses on particular aspects of health and safety or specific work environments, such as the Workplace (Health, Safety and Welfare) Regulations 1992 or the reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013. The HSWA created a flexible, risk-based regime where regulations set out goals and principles, supported by guidance and codes of practice.

In brief, HSWA places responsibilities on employers and employees.

Employers must:

• have a health and safety policy (in writing if there are more than five employees);
• take responsibility for ensuring the policy is followed;
• provide a workplace that is safe together with safe systems of work;
• provide adequate welfare facilities for employees;
• appoint a competent person to manage health and safety;
• carry out risk assessments and inspections; and
• inform employees about workplace hazards and provide them with adequate instruction, training and supervision.

Employees must:

• take reasonable care of their own and others’ health and safety in the workplace;
• work with their employer to create a safe workplace;
• comply with the health and safety training provided by the employer; and
• report health and safety concerns or incidents to the designated person. 

The impact of HSWA

At the time of the Robens report, around a thousand people were killed at work each year. According to the HSE, in 2022/23, 135 workers were killed in work-related accidents. (https://www.hse.gov.uk/statistics/fatals.htm). The HSE reports that over the long-term, the fatal injury rate has showed a downward trend, though in the recent years (prior to the pandemic) the rate had been broadly flat. While the fatal accident rate has clearly declined, there is still a significant number of people who are killed while at work. The improvement in the fatal injury rate must of course be seen in the context of wider socio-economic changes, the decline of heavy industry and manufacturing and improvements in healthcare capabilities.

Similarly, over the last 50 years, technological advances have brought about new and different risks. The regulatory model envisaged by Robens, which encouraged collaboration between industry and the regulator, has adapted to meet the challenge of these new technologies.

Once viewed as a set of rules to be complied with in order to avoid prosecution, a greater understanding of the purpose of the act has led to a shift in attitudes. Keeping people safe is not just the right thing to do but it brings business benefits too. A safe work environment makes for a better place to work and can assist when tendering for work or recruiting talented employees.  

The future of HSWA

The risk-based, non-prescriptive methodology of the HASWA has proved resilient over the course of five decades. Its flexible approach means that its principles have been applied to modern-day workplaces that often bear little resemblance to those of the 1970s. 

A fiftieth anniversary is a significant milestone and a time to look to the future. The Robens Report was arguably ahead of its day. It noted concerns about mental health, risks associated with new technology and work wherever it occurred, which in a very modern context could include home working. Section 2(1) of HSWA 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 employees.”

Welfare should include a consideration of a worker’s mental as well as physical wellbeing. The latest statistics published by the HSE stated that in 2022/23, stress, depression or anxiety accounted for 49% of all work-related ill-health and 54% of all working days lost due to work-related ill-health. (https://www.hse.gov.uk/statistics/assets/docs/stress.pdf)

Perhaps now is the time consolidate steps taken to manage the impact of work-related stress on employers and their employees’ wellbeing. The future could focus on protecting the mental health of workers and not just their physical health.