Health and Safety at Work Act: Lawyers set out advice to keep safe at work and your legal rights if you're injured or diagnosed with a serious disease
As we mark 50 years of the Health and Safety at Work Act being in force, it's a time reflect on the impact the legislation has had for the UK workforce and to look to the future and how we can continue to protect employee’s safety.
What is the Health and Safety at Work Act 1974?
The Health and Safety at Work Act is an important piece of legislation that ensures all employers have a legal duty to provide a safe working environment for their employees. The Act also provides protection for people who are often not classed as employees including casual workers, temporary workers and members of the general public.
The Act sets out the general duties of an employer which include:
- Providing a safe place of work;
- Providing safe equipment;
- Providing proper facilities;
- Ensuring that staff are properly trained;
- Ensuring staff are provided with relevant information, instructions and supervision.
Employees also have a duty to take care of their own health and safety and anyone else that may be affected by their acts or omissions. Additional regulations have also been introduced for high-risk activities.
What impact has the Act had on health and safety at work?
Prior to the Act being introduced, workplace safety was often an afterthought but, since 1974, significant strides have been made towards ensuring that people are now safe at work.
The Act was a clear statement of legislative intent that things had to improve. It did away with many historic Acts and Regulations, which had created an inconsistent regulatory landscape, often seen as a nuisance by employers.
It imposed clear duties on employers and established that health and safety wasn't an optional extra, rather a key part of running a responsible and successful enterprise. It encouraged alignment with health and safety standards in the EEC - later the EU - and introduced a culture of driving high safety standards for the benefit of all.
The Act also resulted in the setting up of the Health and Safety Executive (HSE), which has been instrumental in improving health and safety standards and knowledge across all industry sectors. Approved Codes of Practice (ACOPs) issued by the HSE are considered best practice and seek to engage both employers and employees. The HSE continues to perform a key investigative and enforcement role.
An example of the law in practice
After the importation and use of asbestos was banned in the UK in 1999, the focus has now been on reducing risks; and the Act requires employers to ensure that individuals are not exposed to asbestos while at work. This includes: providing information about their workplace; carrying out monitoring; and ensuring maintenance of equipment is carried out.
Workplaces must also display the relevant information about health and safety procedures to be enforced.
Working from home
New ways of working, including working from home, means that employers also have to consider other environments and staff should have the right work equipment at home and protection from injury, including safeguarding their mental health.
How many people sustain a work-related accident, injury or illness ?
In 2022/23, 135 people were killed in accidents at work, according to HSE data. Approximately half of these occurred in construction and agriculture, forestry and fishing. The most common causes of fatal accidents were falls from height, vehicle collisions and being trapped or struck by machinery.
The Labour Force Survey for the same year suggests there were around 561,000 non-fatal injuries sustained at work, of which 124,000 resulted in an absence from work of more than seven days. Common causes of such injuries included slips, trips and falls and manual handling work. Musculo-skeletal damage, cuts and lacerations, eye injuries and head injuries were among the most frequently sustained.
The impact of exposure to harmful workplace materials
It's estimated that there are 12,000 lung disease deaths each year linked to exposure to substances and dust at work and many of these deaths are due to illnesses such as the asbestos-related cancer mesothelioma, asbestos-related lung cancer, COPD and other work-related lung cancers.
While many of these deaths may be related to exposure to asbestos or other substances that occurred in the past, there are still many ongoing risks. It's estimated that asbestos is still present in around 87,000 public buildings with schools being one of the largest categories of buildings affected. Despite recent campaigns calling for the government to remove asbestos from public buildings within 40 years, nothing further has been done.
Sadly, this means that many employees who may be working in the construction industry or in schools as teachers may be exposed to asbestos if it is disturbed as a result of refurbishment and repair works.
Employees are also being exposed to new emerging substances such as engineered kitchen stone worktops and remain at risk of diseases such as silicosis.
What are my legal rights if I've had an accident at work or developed an illness?
Millions of working days are lost to work-related illness and injury and thousands of people die from occupational diseases.
The law requires your employer to have in place a policy of employers’ liability insurance. If you can establish that your employer’s negligence caused the accident in which you were injured, then you're likely to succeed in making a claim.
Even if you were partially at fault for what happened, your employer may still be held liable. It's important that accidents are reported and recorded, as evidence will be required to assist with any claim. Generally, for accident claims, there's a limitation period of three years. It's important to seek specialist legal advice at the earliest opportunity.
If you've been exposed to asbestos or another substance which has caused an asbestos-related disease or occupational illness, you may be able to bring a claim for compensation. We've represented many clients following a diagnosis of mesothelioma, asbestos-related lung cancer, silicosis and work-related asthma. Often, exposure may have occurred a long time ago, but we're also seeing exposure to more hazardous substances now that can cause illness or injury.
A legal claim can not only provide answers but also access to specialist rehabilitation and therapies to try and live with the effects of an accident, or in respect of the death of a loved one, specialist support to try and come to terms with a bereavement.
Therefore, it's always best to seek specialist legal advice and we can help you claim for benefits and receive a settlement to help fund treatment, care and provide financial support for the future.
Find out more about Irwin Mitchell's expertise in supporting employees and families affected by accidents or exposure to harmful substances at work at our dedicated personal injury section.
