The Health and Safety at Work etc. 1974 Act (HASWA) is the cornerstone of workplace health and safety legislation in the United Kingdom. Enacted to secure the health, safety, and welfare of people at work, HASWA imposes legal duties on a wide range of stakeholders. However, a common question arises in professional and academic circles: “HASWA places legal duties on who?”
This article breaks down the key duty holders under HASWA, explores their specific legal obligations, and offers insights into how these responsibilities are implemented in the real world. Whether you’re an employer, employee, contractor, or health and safety representative, this guide will clarify where the legal responsibility lies and what compliance truly entails.
What is HASWA?
The Health and Safety at Work etc. 1974 Act is the primary legislation covering occupational health and safety in Great Britain. It was introduced to ensure a comprehensive framework that protects employees, visitors, and the general public from work-related risks.
It enables the creation of regulations, the appointment of inspectors, and the implementation of enforcement procedures. The Health and Safety Executive (HSE) is the principal regulatory body responsible for enforcing HASWA.
Why HASWA Matters
HASWA plays a pivotal role in workplace safety for several reasons:
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Legal Mandate: It sets the legal framework within which employers must operate.
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Moral Responsibility: Protecting the well-being of workers is a basic ethical obligation.
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Business Sustainability: Compliance reduces accidents, boosts employee morale, and protects reputations.
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Insurance and Liability: Non-compliance can lead to insurance issues, lawsuits, or criminal prosecution.
HASWA Places Legal Duties on Who? Key Stakeholders and Their Legal Duties
1. Employers
Legal Duty Under HASWA Section 2
Employers hold the primary duty of care under HASWA. Section 2 requires every employer to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees.
Key Responsibilities Include:
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Providing and maintaining safe plant and systems of work.
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Ensuring safe handling, storage, and transport of materials.
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Offering necessary information, instruction, training, and supervision.
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Maintaining a safe working environment with adequate welfare facilities.
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Preparing and updating a written health and safety policy (if employing five or more people).
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Conducting regular risk assessments and taking appropriate preventive measures.
Additional Employer Duties (Sections 3 & 4):
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Section 3 extends employer duties to non-employees who may be affected by the business’s activities (e.g., contractors, visitors).
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Section 4 covers employers who control non-domestic premises, ensuring the safety of those using them.
2. Employees
Legal Duty Under HASWA Section 7
Employees are not exempt from responsibility. Section 7 of HASWA requires employees to:
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Take reasonable care of their own health and safety and that of others who may be affected by their actions or omissions.
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Cooperate with employers in implementing health and safety procedures.
Prohibited Conduct (Section 8):
Employees must not intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety, or welfare.
3. Self-employed Persons
Legal Duty Under HASWA Section 3(2)
Self-employed individuals have duties similar to those of employers. They must ensure that their work does not endanger others.
Duties Include:
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Identifying risks to others from their work.
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Taking necessary precautions to mitigate those risks.
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Complying with relevant health and safety regulations.
As of October 2015, certain low-risk self-employed individuals are exempt from these duties under specific circumstances. However, the exemption does not apply to those whose work poses risks to others (e.g., electricians, builders).
4. Designers, Manufacturers, Importers, and Suppliers
Legal Duty Under HASWA Section 6
Those involved in designing, manufacturing, importing, or supplying any article for use at work are legally required to ensure its safety.
Key Responsibilities Include:
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Ensuring products are safe when properly used.
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Conducting adequate testing.
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Providing information about safe use, installation, and maintenance.
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Reviewing safety post-supply based on feedback or incident reports.
This duty extends to those who design or construct buildings or machinery that will be used in a work environment.
5. Occupiers of Premises
Legal Duty Under HASWA Section 4
Those in control of non-domestic premises have legal responsibilities to ensure the premises are safe for anyone using them for work.
This includes:
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Landlords of commercial properties.
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Building owners.
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Facility management companies.
Duties Include:
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Maintaining the structural integrity of the building.
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Ensuring common areas are hazard-free.
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Coordinating with tenant employers regarding shared responsibilities.
Enforcement and Penalties
The Health and Safety Executive (HSE) and local authorities enforce HASWA through:
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Inspections and investigations
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Improvement notices
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Prohibition notices
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Prosecutions
Penalties for Non-Compliance
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Unlimited fines.
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Imprisonment (up to 2 years on indictment).
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Corporate manslaughter charges.
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Disqualification of directors.
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Reputational damage and business closures.
Recent sentencing guidelines emphasize the size of the organization and potential harm caused, leading to multi-million-pound fines for large businesses.
Case Studies: Breaches and Legal Outcomes
Case Study 1: Corporate Manslaughter – CAV Aerospace Ltd
In 2015, CAV Aerospace was fined £250,000 after an employee was fatally injured by a stack of falling aircraft panels. Investigations revealed multiple breaches, including poor risk assessments and inadequate training.
Case Study 2: Small Business Prosecution
A small construction company was fined £120,000 after failing to control risks associated with asbestos exposure, resulting in long-term health issues for workers. The employer failed to conduct a proper asbestos survey before renovation work.
Key Lessons:
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Negligence, even by small firms or individuals, can lead to criminal charges.
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Documenting compliance and safety procedures is essential.
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Training and supervision are non-negotiable responsibilities.
Best Practices for Ensuring Compliance
1. Develop a Safety Culture
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Promote proactive reporting of hazards.
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Involve employees in safety planning and toolbox talks.
2. Conduct Regular Risk Assessments
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Identify potential hazards.
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Implement control measures.
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Review assessments periodically or after incidents.
3. Training and Supervision
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Provide tailored health and safety training.
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Monitor workers, especially during high-risk activities.
4. Maintain Documentation
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Keep records of training, incidents, inspections, and safety meetings.
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Ensure policies are up-to-date and accessible.
5. Engage with Safety Representatives
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Consult with trade unions or elected health and safety representatives.
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Include them in safety decisions and risk management planning.
6. Use Competent Health and Safety Advisors
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Outsource support if internal expertise is lacking.
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Ensure advisors are qualified (e.g., NEBOSH, IOSH membership).
Conclusion
Understanding who HASWA places legal duties on is crucial for maintaining lawful, safe, and efficient operations across all industries. Employers, employees, self-employed individuals, designers, suppliers, and those in control of premises all bear specific responsibilities under the Act.
Failing to meet these duties not only leads to legal consequences but also risks lives, productivity, and business continuity. A proactive approach to compliance is not just about ticking boxes—it’s about creating a workplace culture where health and safety are embedded at every level.
Frequently Asked Questions
Who does HASWA apply to?
HASWA applies to virtually every business in Great Britain, including employers, employees, the self-employed, manufacturers, suppliers, and those in control of premises.
Are volunteers covered under HASWA?
Yes. While they are not classified as employees, those who manage volunteers (e.g., charities) still have legal obligations to ensure their safety under Sections 3 and 4 of HASWA.
Can a director be personally prosecuted?
Yes. Under Section 37 of HASWA, directors can be personally prosecuted if an offence was committed with their consent, connivance, or attributable to their neglect.
Do landlords have health and safety duties?
Commercial landlords and managing agents do have legal duties under HASWA Section 4, especially regarding shared premises and communal facilities.
How do I know if I’m complying with HASWA?
You can use HSE guidance, hire a qualified Health and Safety Consultant, conduct audits, and review your risk assessments to verify compliance.