Health and Safety at Work etc. Act 1974 (HASAWA)
The Health and Safety at Work etc. Act 1974 - primary UK workplace health and safety legislation establishing employer and employee duties. Pure data reference.
The Health and Safety at Work etc. Act 1974 (HASAWA 1974) is the primary legislation governing workplace health and safety in the United Kingdom. It establishes the legal framework for protecting the health, safety and welfare of people at work and those affected by work activities.
- Legal status
- Primary legislation - principal UK health and safety statute
- Royal Assent
- 31 July 1974
- Came into force
- 1 April 1975 (in stages)
- Geographic scope
- Great Britain (separate legislation applies in Northern Ireland)
- Applies to
- All employers, employees, self-employed persons, and those who control work premises
- Primary duty (Section 2)
- Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees
- Duty to non-employees (Section 3)
- Employers must protect persons not in their employment (contractors, visitors, public) who may be affected by work activities
- Employee duties (Sections 7-8)
- Employees must take reasonable care for their own health and safety and that of others, cooperate with employers, and not misuse safety equipment
- Enforcement authority
- Health and Safety Executive (HSE) and local authorities
- Maximum penalties (post-2008 amendments)
- Unlimited fines in Crown Court; imprisonment up to 2 years for individuals; up to 12 months and/or an unlimited fine in Magistrates' Court in England and Wales (12-month custody powers from 18 November 2024; fines unlimited since March 2015 under LASPO 2012, s.85)
- Referenced by regulators
- Cited in 31 regulatory documents in the ORDS (Office for Regulatory Delivery and Simplification) dataset
- Secondary regulations
- Enables creation of health and safety regulations (e.g. Management of Health and Safety at Work Regulations 1999, COSHH, Manual Handling)
Reasonably practicable: The Act uses the term "so far as is reasonably practicable" throughout. This means employers must balance the level of risk against the time, trouble and cost of controlling it. However, the law is weighted in favour of health and safety - employers must demonstrate that control measures would be grossly disproportionate to the risk before they can be considered not reasonably practicable.
Self-employed persons: The Act also places duties on self-employed persons to protect their own health and safety and that of others who may be affected by their work activities.