Introduction
The Health and Safety at Work Act (HASAWA) achieved Royal Ascent in July 1974 and commenced on the 1st October 1974.
In 1802 the first piece of health and safety legislation was introduced with the Factory Act. This was aimed to safeguard child workers in factories and mills by implementing cleanliness requirements and improving conditions.
The catalyst for modern legislation began back in 1966, when, on the 21st October 1966, there was a catastrophic collapse of a colliery spoil tip at a coal mine located above the small Welsh village of Aberfan.
Heavy rain caused a build-up of water within the spoil tip, which then slid downhill as a slurry, killing 116 children and 28 adults as it engulfed a primary school and a row of houses.
The Aberfan Disaster as it became known was subject to an official enquiry. The final report placed the blame solely on the National Coal Board (NCB). Neither the NCB, nor any of its board members, directors or employees were prosecuted and the organisation was not fined.
As is unfortunately often the case, legislation is made from lessons in history. Had the Titanic not hit an iceberg on its maiden voyage, how long would be until more lifeboats and emergency procedures were afforded to large ships? It would only be a matter of time. With increasing maritime travel, a large passenger ship was going to hit an iceberg at some point.
Subsequent Legislation
In 1969, the government framed new legislation to remedy the absence of laws and regulations governing mine and quarry spoil tips. The Mines and Quarries (Tips) Act 1969 was "An Act to make further provision in relation to tips associated with mines and quarries; to prevent disused tips constituting a danger to members of the public; and for purposes connected with those matters".
The Act was an extension of the earlier Mines and Quarries Act 1954, which did not legislate over tips. It was highlighted that "the general commitment to public safety that the Tribunal had envisaged was not implemented" through the act, as the tribunal had advised wider legislation that should "consider the safety, health and welfare of all persons going about their lawful business in the vicinity of a mine, including the safety of their property".
In 1970 the Secretary of State for Employment and Productivity, introduced the Employed Persons (Health and Safety) Bill but debate around the bill soon generated a belief that it did not address fundamental issues of workplace safety.
In the same year, the Occupational Safety and Health Act was passed into United States federal law. As a result, a committee of inquiry chaired by Lord Robens was established. This was called the Committee on Health and Safety at Work, to review legislation and recommend the provisions that should be made for workers and the general public.
In 1972 the committee published its findings in the Robens Report which led to the creation of the Health and Safety at Work etc. Act 1974 and the formation of the Health and Safety Commission and the Health and Safety Executive. Unfortunately, this was too late for those involved in the Flixborough Chemical Plant explosion which occurred earlier that year, killing 28 people.
Since HASAWA was introduced, it has been revised numerous times and is currently in its 37th edition.
Legal Positioning
HASAWA is the overarching legal statute by which all health and safety is governed. If you ever have the pleasure of reading all 167 pages you will find the vocabulary and content to be very high level with a lack of specifics. This is because it would simply not be possible to contain all relevant legislation into one document. HASAWA can however be summarised in just 5 words……
DON’T HURT ANYONE AT WORK
Whilst the act informs you of certain provisions, the specifics of how to achieve these can be found in other documents and their hierarchy or legal standing are visualised in the image below.
HASAWA is one of the leading pieces of legislation under which people in the UK are prosecuted, after the Police and Criminal Evidence Act 1984. This is due not only to the fact it is an act of parliament but also due to the use of overarching vocabulary which allows it to be easily applicable to a multitude of situations.
Further Information
If you are an existing client and would like further information on legislative requirements then please email the safety advice line on safetyadvice@wirehouse-es.com or contact us via telephone on 03333 215 006.
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