In the UK, the Health and Safety at Work Act 1974 (HSWA) is one of the most vital pieces of law in keeping the country safe and healthy. Whether you’re an employee or an employer, understanding this legislation is essential for ensuring your workplace remains safe and compliant.
In this helpful guide, we’ll take you through the core principles of the act, look at the responsibilities and rights of both workers and employers and tell you how compensation claims might be viable if safety standards in the act are breached.
Why is the Health and Safety at Work Act important?
Every workplace has its risks — from physical hazards in factories, warehouses or construction sites to health threats like poor ventilation or biological agents present in hospitals. The HSWA is in place in the UK to prevent accidents and protect workers by plainly setting out:
- Employer’s responsibilities — This comes down to creating a safe environment, providing training and reducing risks in the workplace.
- Employees duties — Employees should follow safety procedures and protect themselves and colleagues.
What are the key elements of the act?
The HSWA is an extensive piece of legislation that covers all sorts of areas. We’ve put together a chart of some of the most important topics it covers:
| Topic | Employer responsibility | Employee responsibility |
| Safe work environment | Must maintain clean, ventilated working areas with clear fire exits | Must adhere to all safety protocols and use spaces correctly |
| Safe equipment | Must make regular checks and maintenance | Must report faults and unsafe equipment |
| Risk assessments | Must keep up all risk assessments, including COSHH | Must follow safety measures outlined in assessments |
| Training and competence | Must provide adequate health and safety training | Must participate in training |
| Facilities and welfare | Must keep toilets and clean water available | Must keep shared areas clean |
Employer duties under the act
Going deeper into the HSWA, employers are the main focus of many parts of the rulings. Their responsibilities include:
Conducting risk assessments
Employers must evaluate workplace hazards, like faulty machinery, wet floors, or unguarded heights, as well as harder-to-spot hazards like poor air quality, exposure to chemicals or lack of ergonomics. Following each assessment, preventative measures like providing safety gear or improving workflows should be put in place as quickly as possible.
Providing safe equipment
All equipment used in the workplace — whether tools on a construction site or IT systems in an office — must be safe to operate and properly maintained. To keep on top of this, employers should schedule regular inspections, replace or repair faulty items and train employees to correctly use tools and machinery.
Maintaining safe workspaces
Workplaces must meet basic health and safety standards, like proper ventilation and lighting, accessible fire exits and evacuation plans as well as clean facilities for hygiene and breaks.
Offering training and supervision
Employees must receive adequate training to perform their roles safely. An example of this would be construction workers needing training on machine operation and handling hazardous materials and office workers having to understand ergonomic practices to avoid injuries like repetitive strain.
Employee duties under the act
Health and safety rules are only effective when as many people as possible follow them. That’s where employees come in. By following workplace safety protocols — adhering to training, wearing the right gear and respecting others — all in the workplace can remain safer.
How are breaches of the Health and Safety at Work Act monitored?
The Health and Safety Executive (HSE) enforces the Health and Safety at Work Act in the UK. This organisation has inspectors that call around all businesses to investigate accidents and complaints, issue warnings or even prosecute employers or employees found to be breaching the act.
What are the key signs of employer negligence?
The HSWA legislation is in-depth and complex, but all workplaces should be following the rules set in it. If you feel your workplace has breached the standards, you might see the following telltale signs:
- A lack of safety training
- Poorly maintained equipment being used
- A lack of documented risk assessments or emergency procedures
What to do if your employer’s negligence has caused you an injury
If the worst has happened and you’ve suffered an injury because of a breach of the Health and Safety at Work Act, here’s what you can do:
- Seek medical attention — The first port of call should always be to seek medical attention. Even injuries that might not look serious can be much more severe than they seem.
- Report the accident — Your workplace should have a logbook for accidents. If you cannot log it yourself, ask a colleague or your manager to report it as evidence.
- Get in touch with Express Solicitors — Our team of legal experts can advise you on whether you’re eligible to claim compensation.
How Express Solicitors can help you
At Express Solicitors, we’ve helped countless workers secure compensation for injuries caused by employer negligence. And with our no win, no fee guarantee, you can approach the case without having to pay a penny if we’re unsuccessful.
What’s more, our “Excellent” rating on Trustpilot and our accreditation by the Solicitors Regulation Authority (SRA) shows just how committed we are to professional integrity and making our clients happy.
Ready to take the next step? Learn more about your rights and how we can assist you today. Call us on 0161 516 6501 or Start your claim online