Health & Safety Law
Workplace safety duties, HSE enforcement, RIDDOR, corporate manslaughter, and employee protection.
Introduction
Health and safety law in England & Wales imposes duties on employers, employees, and others to ensure safety in the workplace and beyond. The cornerstone statute is the Health and Safety at Work etc. Act 1974, which establishes the general duty of employers to ensure, so far as is reasonably practicable, the health, safety and welfare of employees. Enforcement is primarily carried out by the Health and Safety Executive (HSE) and local authorities. Serious breaches may result in prosecution, unlimited fines, and imprisonment.
Core Principles
Employer's General Duty — Employers must ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees (s.2 HSWA 1974).
Duty to Non-Employees — Employers must conduct their undertaking so as not to expose non-employees to risks to health or safety (s.3 HSWA 1974).
Employee Duties — Employees must take reasonable care for their own health and safety and that of others, and cooperate with their employer (s.7 HSWA 1974).
Risk Assessment — The Management of Health and Safety at Work Regulations 1999 require employers to carry out suitable and sufficient risk assessments.
RIDDOR — The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 require employers to report certain workplace incidents to the HSE.
Corporate Manslaughter — The Corporate Manslaughter and Corporate Homicide Act 2007 creates an offence where a gross breach of a duty of care by senior management causes death.
Enforcement — HSE inspectors may issue improvement notices, prohibition notices, and prosecute offenders. Unlimited fines and imprisonment are available for serious breaches.
Key Statutes
Health and Safety at Work etc. Act 1974
Leading Cases
R v Chargot Ltd
[2008] UKHL 73
Edwards v National Coal Board
[1949] 1 KB 704
Common Scenarios
Worker injured by faulty machinery
The employer has a duty to maintain equipment. The injured worker may claim personal injury compensation and the HSE may investigate and prosecute the employer for breaches of health and safety regulations.
Employee refuses unsafe work
An employee who reasonably believes there is serious and imminent danger may leave the workplace. They are protected from dismissal or detriment under the Employment Rights Act 1996 (s.44 and s.100).