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legislation could be made more effective.
The Robens Committee which reported in 1972 identified three main concerns:
The regulatory nature of the existing legislation which in the main was
concerned with setting defined rules to be followed in specific situations which
inevitably led to complicated and fragmented legislation covering some
industries and omitting others.
Rapid industrial innovation, technological changes and the increase in scale of
operations was leading to a corresponding increase in the scale of hazards and
legislation was failing to keep up.
There was no downward trend in accident rates.
The committee felt that the existing legislation did little to encourage employers to
improve conditions beyond the rules laid down in the regulations. It was believed that
self-regulation would be more successful. The need for communication between
employers and employees about health and safety matters was also emphasised.
Formal statements of safety policy and the use of systematic hazard assessment were
also recommended. The unification of all enforcing bodies under one organisation to
reflect the unification of the legislation was also recommended.
The result was The Health and Safety at Work etc Act (1974) which is the act under
which all UK safety legislation is consolidated. All the previous legislation will
eventually be phased out and replaced by regulations and approved codes of conduct
under the HSAWA.
The HSAWA is an 'enabling' Act, which provides a framework under which legislation
can be introduced to cover specific areas, e.g. CIMAH, COSHH, although there are few
regulations within the Act itself. The Act covers anyone affected by work activities and
brought 5 million workers not covered by the existing legislation under its protection.
The Health and Safety at Work Act 1974 Overview
It is criminal law and so flouting it may result in prosecution. It is written in a rather
generic manner, however s.2 of the Act states:
It shall be the duty of every employer to ensure, as far as is reasonably practicable, the
health, safety and welfare at work of all employees. This is as prescriptive as the Act
gets and this is known as the absolute duty of care.
Although the Act is rather generic in its provisions, responsibility remains firmly with
the employer.
