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The Health and Safety at Work Etc Act 1974 is the “ underpinning ” legislation
which governs virtually all other health and safety law.
The Act sets out the general parameters of what is expected of employers
and other persons in respect of ensuring their health, safety and welfare.
Regulations are subsidiary legislation made under the enabling powers of the
Health and Safety at Work Etc Act 1974. Contravening Regulations is an offence
and prosecutions can be brought regarding each offence. In addition, there may
be a breach of the more general principles of health and safety enshrined in the
1974 Act and additional charges could be brought under various sections.
The main sections of the 1974 Act are as follows.
2.2.1 Section 2 General duty of employers to their employees
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 employees.
....…… the matters to which that duty extends include:
(1) Provision and maintenance of plant and equipment, and systems of work
that are safe and without risks to health.
(2) Arrangements for ensuring safety and absence of risks to health in connection
with the use, handling, storage and transport of articles and
substances.
(3) The provision of such information, instruction and training as is necessary
to ensure the health and safety at work of his employees.
(4) The maintenance of any place of work under the employers control in a
condition which is safe and without risk to health and the provision of
means of access and egress that are safe.
(5) The provision and maintenance of a working environment that is safe,
without risks to health and adequate with regards facilities and arrangements
for their welfare at work.
(6) Provision of a written statement of his policy in respect of health and
safety of his employers.
Case Studies
Fatal injuries to conveyor belt worker
A 29-year-old man died after becoming trapped in a slew conveyor pit
he was trying to clear.
The machine had no guard and no emergency stop button within reach.
Safety standards at the company were virtually non-existent and
contraventions were found of the working at height regulations,
transport safety, use of chemicals, equipment safety and the provision
of welfare facilities.
An Area Manager with the Company and the Managing Director
were both sentenced to imprisonment – 9 months and 12 months
respectively.
Charges were brought under Section 2, Health & Safety at Work Etc
Act 1974.
Construction worker dies after being hit by a dumper truck
A construction worker dies after being struck by a dumper truck when
the brakes failed and it rolled out of control down a slope.
The prosecution involved both the contractors and individuals as the
investigation identified an unsafe site.
The worker who dies was driving the dumper truck but he was not
qualified or trained to do so.
The construction company was fined £75,000 plus costs of over
£50,000 for breach of both Section 3 Health & Safety at Work Etc Act
1974 and a regulation in the 1994 CDM Regulations.
The sub-contractor was fined £100,000, with costs of £17,643, for
breaches of Section 3 Health & Safety at Work Etc Act 1974.
Individual directors were fined £2,500 and £1,000 for breaches of
Section 7 Health & Safety at Work Etc Act 1974.
2.2.2 Section 3
It shall be the duty of every employer, to conduct his undertaking in such a
way as to ensure, so far as is reasonably practicable, that persons not in his
employment are not exposed to risks to their health and safety.
2.2.3 Section 4
It shall be the duty of each person who has control of premises to take such
measures to ensure that premises, means of access to and egress from available
for use by persons using the premises are safe and without risks to health
2.2.4 Section 7
It shall be the duty of every employee while at work :
(1) To take reasonable care for the health and safety of himself and of other
persons who may be affected by his acts or omissions at work; and
(2) To co-operate with his employer so far as is necessary so as to enable
the employer to undertake statutory duties.
2.2.5 Offences, penalties and prosecutions
Offences
These include the following:
(a) Failing to comply with the general duties on employers, employees, the
self-employed, persons in control of premises, manufacturers, etc.
(b) Failing to comply with any requirement imposed by Regulations made
under the Act.
(c) Obstructing or failing to comply with any requirements imposed by
inspectors in the exercise of their powers.
(d) Failing to comply with an Improvement or Prohibition Notice.
(b) Failing to supply information as required by a Notice served by the
Health & Safety Commission (e.g. investigations into major accidents).
(b) Failing to comply with a Court Order to remedy the cause of an offence.
Penalties
Most offences under the Health & Safety law are “ triable either way ” i.e.
summarily or on indictment.
Breaches of employers duties under Section 2 Health and Safety at Work
Etc Act 1974 carry a maximum fine of £20,000 per offence if tried summarily.
Breaches of employers duties under the numerous Regulations enacted
under the Health and Safety at Work Etc Act 1974 carry fines of up to
£5,000 per offence if tried summarily. In some circumstances, fines are up to
£20,000 per offence.
Where the case is heard in the Crown Court, fines are unlimited.
Breaches of Improvement or Prohibition Notices carry either 6 months
imprisonment if heard in the Magistrates Court or up to 2 years imprisonment
if heard at Crown Court.
Prosecutions
(a) Offences by Companies, Corporate Bodies and Directors
(Health and Safety at Work Etc Act 1974 Section 37)
The Health and Safety statutes place duties upon limited companies and/or
functional directors.
Where an offence is committed by a body corporate, senior persons in the
hierarchy of the Company may be individually liable .
Health and Safety Legislation ● 23
If the offence was committed with the consent or connivance of, or was
attributable to any neglect on the part of the following persons, that person
himself is guilty of an offence and liable to be prosecuted:
● Any functional director
● Manager
● Secretary (Company)
● Other similar officer of the company
● Anyone purporting to act as the above .
The conditions for liability under Section 37 are:
● Did the person act as the Company?
● If he acted in that capacity, did he act with neglect?
Directors, Managers and Company Secretaries are personally liable for
ensuring that Corporate Safety duties are performed throughout the Company.
They may be able to delegate the specific responsibilities but that does not
absolve them of liability.
(b) Offences due to the act of “ another person ”
Section 36 of Health and Safety at Work Etc Act 1974 states that where an
offence is due to the act or default of another person, then:
That other person is guilty of the offence, and
A second person (e.g. body corporate) can be charged and convicted
whether or not proceedings are taken against the first-mentioned person.
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