Health and Safety at Work etc. Act 1974 (HSWA)

The Health and Safety at Work Act 1974 was introduced in July 1974, following the influential Robens Report (1972) which advocated self-regulation by employers. The purpose of this law is to ensure employers provide a safe workplace, safe systems of work, and proper training. This law covers all sectors and workplaces in the UK, from offices to construction sites, laboratories, hospitals, retail, and offshore installations.

What are the Employer's Responsibilities?

• Carry out PPE risk assessments – Employers must assess the specific risks present in the workplace that cannot be eliminated through other means. The type of PPE required should be based on the level of protection required, the environment, and the duration of exposure.
• Provide PPE free of charge – Employers are legally required to supply all necessary PPE at no cost to the employee. This applies to all types of PPE, including gloves, goggles, helmets, hearing protection, and respiratory equipment.
• Train staff on proper use, fit, and maintenance – Employers must ensure staff are able to use PPE correctly. This includes demonstrating how to fit the equipment securely, when it should be worn, and how to know when it is damaged.
• Store and maintain PPE – Appropriate facilities must be provided to store the PPE when not in use to prevent damage, contamination, or loss. Employers are also responsible for making sure that all PPE is maintained in good order.
• Replace damaged or expired equipment – Single use equipment such as gloves and masks should be disposed of in a safe manner without contaminating other parts of the workplace. Damaged PPE should be replaced with fully functional replacements.

How does this Law apply to my workplace?

The HSWA applies to almost every workplace in the UK, from high-risk environments like construction sites, manufacturing plants and healthcare settings, to lower-risk environments such as offices and retail units. This law applies to businesses of all sizes and structures.

Those who design, manufacture, import, or supply machinery, tools, or substances must ensure they are safe when used as intended. You are also required to provide clear instructions for safe use and ensure appropriate safety markings and warnings are included.

Even if you are self-employed, you are still legally bound to comply with HSWA if the work could endanger clients, colleagues, or the public.

What are employees' responsibilities?

Under Section 7 of the HSWA, employees have the legal responsibility to contribute to a safe working environment. This applies to employees across all industries, including construction, healthcare, manufacturing, and offices.

Employees must:

• Take reasonable care of their own health and safety while at work. This means they must use the equipment properly, avoid reckless or careless behavior, and follow safety procedures and rules.
• Use PPE and equipment correctly and consistently.
• Must not intefere with, remove, or misuse any equipment or measures provided for health and safety.