For straightforward guidance on how to comply with the health and safety law, go to the basics for your business. The Health and Safety at Work etc Act 1974 is the primary piece of legislation covering occupational health and safety in Great Britain. It is sometimes referred to as HSWA, the HSW Act, the 1974 Act or HASAWA.
It sets out the general duties which:
You can read the Health and Safety at Work etc Act 1974 in full on legislation.gov.uk.
Health and safety at work (HSWA): criminal and civil law
Overview
Both criminal and civil law apply to workplace health and safety. They are not the same.
As an employer, you must protect your workers and others from getting hurt or ill through work.
If you do not:
Neither HSE nor local authorities have responsibility for applying civil law or setting the rules for the conduct of civil cases.
Health and safety law (criminal law)
Under health and safety law, as an employer, you have a responsibility to protect workers and others from risk to their health and safety. For straightforward guidance on how to comply with the law, read Health and safety made simple.
Health and safety law is mostly enforced by the Health and Safety Executive (HSE) or the local authority. Responsibility for enforcement depends on the type of workplace.
For your workplace, find out who enforces health and safety law.
Legislation
Health and safety law for Great Britain is made up of:
The main piece of legislation is the Health and Safety at Work etc. Act 1974 (HSWA). You can read this on legislation.gov.uk.
Certain work activities have specific regulations, such as those for construction work or working with asbestos.
Industry specific health and safety legislation
Complying with the law
No one has to have been harmed for an offence to be committed under HSWA – there only has to be a risk of harm.
The most important thing is what you actually do to manage and control risk in the workplace. Paperwork alone does not prove that you are complying with the law.
If you do not comply with the law
If you do not comply with a regulation relevant to your work, you will normally be committing a criminal offence and could:
If HSE have to help you put things right, you will need to pay for their time. This is called a ‘fee for intervention’ (FFI).
Civil law – compensation claims
If you meet your responsibilities under health and safety law you will considerably reduce the risk of being found negligent under civil law.
Neither the Health and Safety Executive nor local authorities enforce civil law or set the rules for the conduct of civil cases.
Under civil law, if someone has been injured or made ill through your negligence as an employer, they may be able to make a compensation claim against you. You can also be found liable if someone who works for you has been negligent and caused harm to someone else.
If a claim is successful, a court may make a judgment against you, and award money (‘damages’) to compensate for the pain, losses and suffering caused. This is not the same as a conviction under criminal law.
Employers’ insurance
In most cases, employers must have employers’ liability insurance. This will enable you to meet the cost of compensation for your employees’ injuries or illness. It is a criminal offence if you do not have it.
Your insurer can give you guidance on managing and controlling risks. They may ask you to keep certain types of evidence to show you have taken steps to manage the risks your work creates. Do not be tempted to overstate the measures you have or are planning to put in place to manage the risks as this may put you at a disadvantage if you have to defend a claim.
Dealing with a claim
If a claim is made against you, refer it to your employers’ liability insurance provider.
Source – Health & safety Executive
