Why health and safety at work law stands the test of time 50 years on

Changes to the way organisations operate stem from their response to challenges they face today – such as the impact of the climate crisis and the associated increased scrutiny of their sustainability, and the extent to which they can harness the potential of artificial intelligence to remain competitive.

The need for safety professionals to be at the table as organisations grapple with those challenges and operational changes has never been so great, but the good news for those professionals – and the businesses they serve – is that regulations and guidance already in place can be adapted to meet these new challenges, with relative ease and without wholesale changes. .  Although we are likely to see some element of new regulation in coming years, the cornerstone of health and safety law in the United Kingdom remains the Health and Safety at Work etc Act 1974. 

Flexibility

The 1974 Act, 50 years old at the end of July 2024, has more than stood the test of time and is often regarded as the gold standard of health and safety legislation across the world. The way it has been applied has changed over the last 50 years, but its flexibility has meant that it is possible for it to provide the underpinning of the radical change we are likely to see to our economy in the coming years. Specific regulations made under the Act may be required to meet particular issues, but the 1974 Act provides for them, without disturbing the underlying general obligations it enshrines.

Regulations stemming from the 1974 Act already cover a myriad of situations and are ripe for further adaptation to meet new challenges, whatever the nature of the project. Take, for example, the installation of offshore wind turbines, which must comply with the Construction (Design and Management) Regulations 2015 in the same way as a housing development. The duties and obligations set out in these regulations and in the underlying legislation are well understood and can be readily applied to emerging and innovative technology, meaning a complete overhaul of health and safety requirements is not necessary. The result of this is that, provided consideration of these duties is front and centre of technological development, health and safety considerations should not delay the energy transition. 

Another example is the ability of the 1974 Act to pivot to meet new areas of focus which have emerged over the last 50 years. The 1974 Act is more than able to meet the growing need to safeguard workers’ mental, as well as physical, health. Whilst the underlying legislation may be almost 50 years old, fulfilment of its obligations – for example, to ensure health and safety insofar as reasonably practicable – is assessed against constantly evolving standards, with reference to technology specific standards and guidance as they emerge.

Management of risk

The ethos of the 1974 Act – that those who create risk are best able to manage it – is equally as relevant today as it was 50 years ago. That ethos has helped to reduce workplace fatalities and injury. Whilst more remains to be done here – for example, fatal accidents in construction remain stubbornly high, and mental health and musculoskeletal disorders continue to ruin lives – the 1974 Act is still relevant, providing the foundation for action on the form of risk assessment and mitigation. Those risks, and an appreciation of their consequences, may have changed over the last 50 years, but the premise that whoever creates that risk remains best placed to determine how they should be managed remains sound.

Risk assessment is vital in this regard, especially with emerging technologies. The discipline of taking a proportionate, proactive and pragmatic approach to risk assessment and mitigation measures is now well understood and the benefits of early engagement are well known. In these circumstances, there is always the risk of “unknown unknowns” and there can be no substitute for thorough research and understanding of the underlying science to inform risk management and mitigation. This means there is an important role in ensuring information is shared across sectors and industries irrespective of geography. 

In some areas, an understanding of real-world risks encountered today may go some way to informing those of tomorrow. In electric transportation, for example, much can be taken from the experience of the rail industry. Through the electrification of the rail network, understanding of electrocution risk to workers and the public has been built. That risk can arise, for example, through faulty equipment, or during installation or removal, as well as from trespassing. The lessons learned should be used to inform risk assessments and mitigation measures as, for example, battery storage technology comes into the energy mix and more infrastructure is put in place to support the use of electric vehicles. 

It is inevitable there will be challenges, not least in determining who will have the competence to carry out an effective assessment of emerging technology risk, but those challenges are not insurmountable and should not be allowed to stand as an obstacle to innovation.  

Clarity and enforcement

The general, or umbrella approach, adopted by the 1974 Act has also enabled it to stand the test of time, particularly when coupled with the fact that the duties it imposes, on employers, employees and others, are relatively simple and well thought through, reducing the scope for conflicting judicial interpretation. 

The 1974 Act is also clear on the consequences of breaching its obligations, another factor explaining its longevity. Prosecution may occur even if no incident takes place – emphasising the proactive, preventative ethos of the 1974 Act. The legislative clarity on the consequences of a breach has been matched by sentencing guidelines which have kept pace with public and political opinion on accountability – the ability for the courts to impose heavy fines and immediate custodial sentences for those found to be at fault goes some way to ensure health and safety of workers and others remains high on the agenda in boardrooms.