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The Health and Safety at Work Act 1974

Health & Safety Knowledge Base | Asbestos Awareness

Posted by: Lauren Hockley Published: Thu, 17 Jan 2019 Last Reviewed: Thu, 17 Jan 2019
The Health and Safety at Work Act 1974

The Health and Safety at Work Act 1974 is the primary UK legislation surrounding health and safety regulations at work. The Act covers an array of different health and safety risks, including exposure to the hazardous substance asbestos. Asbestos is a naturally occurring material that has been used extensively throughout the construction industry and beyond. Worryingly, exposure to asbestos has been linked with the development of lung cancer, mesothelioma (a rare cancer of the lung lining), pleural disease and asbestosis. Additionally, the Act brought about introduction of the Health and Safety Executive (HSE), which regulates and enforces health and safety at work legislation. The HSE remains the regulatory body within the UK.

What is the Health and Safety at Work Act 1974?

The Act outlines the duty of employers, self-employed and premises controllers to protect the health and safety of employees and others. This obligation to ensure health and safety "so far as is reasonably practicable" also extends to contractors and visitors. The Act encompasses many health and safety risks, including exposure to dangerous substances, such as asbestos.

The HSE was formed when the Health and Safety at Work Act was given Royal Assent and has been enforcing legislation since. The HSE is a national, independent watchdog for all issues surrounding work-related health and safety, with the aim to prevent injury, illness and death.

The Health and Safety at Work Act 1974

Who does the Health and Safety at Work Act 1974 Apply to?

The first step in implementing the Act is successfully identifying who it applies to. Responsibilities are not limited to employers but also extend to the self-employed as well as controllers of premises. Therefore, the Act has ramifications for employers, contractors, designers, suppliers, importers, manufacturers and employees alike. It is important to stress that the self-employed are also obligated to abide by this law and are liable to incur fines if they are not acting in accordance.

Why is the Health and Safety at Work Act 1974 Important?

The Act is fundamentally important in protecting the health and the lives of us all, employees and general public alike. It is widely accepted that workers should go to work with the assurance that their health and safety will be adequately protected by their employer. Reassuringly, the Act has successfully minimised work-related illness and death through the introduction and implementation of health and safety regulations. The Health and Safety at Work Act has stood the test of time since its introduction over 40 years ago. The Act, which was introduced in 1974 (preceded by a spike in work-related accidental deaths), consolidated and elaborated on a great deal of preceding legislation. This resulted in a simpler yet more comprehensive legislation. As well as the moral responsibility of employers to ensure their workers' health and safety at work, it is important to stress that having inadequate or absent health and safety measures is against the law. Non-compliance is a criminal offence and severe breaches can result in unlimited fines and/or imprisonment. Simple health and safety training courses can enable both employers and employees to protect the health and safety of everyone, whilst crucially maintaining compliance with the law.

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