The 31st July 2024 marks the 50th anniversary of the Health and Safety at Work etc. Act (HSWA). We look back at its role in making UK workplaces some of the safest in the world and why it remains as the country’s single most important piece of occupational health and safety law.
Background
By 1974, attempts to overhaul workplace health, safety and welfare in the UK were long overdue. Existing legislation was inconsistent and only applied to specific sectors and industries such as factories, agriculture, mines and quarries, leaving millions of workers with no legal health and safety protection in their workplace.

The Employed Persons (Health and Safety) Bill had been proposed in 1970, the same year the USA passed the Occupational Safety and Health Act into federal law, but concerns that that the Bill did not address key issues meant it would be another 4 years until the Act as we know it became law, following a committee of inquiry and the Robens Report being published in 1972.

HSWA introduced:

• common legal duties for employers, employees and others which apply equally across all workplaces;
• the Health and Safety Executive (HSE) as the national regulator for workplace health and safety in Britain;
• powers to introduce health and safety regulations and approved codes of practice;
• enforcement powers for authorities; and
• rules relating to health and safety offences.

HSWA today
The HSE’s public register of convictions shows that during the past 12 months breaches of HSWA was involved in well over half of successful prosecutions and resulted in 8 of the 10 highest fines issued, of which all were at least £1 million.

At the heart of HSWA’s ongoing relevance is its simplicity in applying general duties to protect people. The most common section of HSWA breached resulting in prosecution and conviction is 2(1):

‘It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees.’

Beyond the use of outdated gender-specific language in reference to an employer, the wording of duties under HSWA has been key to its ongoing effectiveness. The general duty to protect workers under section 2(1):

• applies equally to all employers regardless of size or sector;
• requires employers to protect employees from all types of harm, including psychological as well as physical harm; and
•  is flexible in how duties can be fulfilled using the term ‘so far as is reasonably practicable’.

‘So far as is reasonably practicable’ requires that the level of effort in protecting workers (and others through wider duties) is proportionate to the level of risk of harm, i.e. it would be expected that employers invest more time and money in controlling hazards where the level of risk is higher.

Unlike in other criminal prosecutions where a defendant may be presumed innocent until proven guilty, where there is a breach of duty under HSWA, it is up to the defendant to prove they fulfilled their duty in a way that was reasonably practicable.
The Future
There have been discussions over the years about modernising the Act, in particular some of the wording, but it’s not expected that the new UK Government will look to overhaul an Act which continues to be as effective today as when it was passed by a new UK Government 50 years ago.
About The Compliance People
The Compliance People provide tools, support and advice, helping organisations manage their environment, health & safety and quality compliance obligations. As a social enterprise, all of our profits are donated to charity for the benefit of communities and environments around us.

The Construction (Design and Management) Regulations 2015, also known as the CDM Regulations, came into force on 6th April 2015. Its main purpose is to protect the health, safety and welfare of people involved in construction work. The scope of the CDM can prove problematic for organisations, which sometimes struggle with the exact interpretation of the term ‘construction work’ and whether CDM applies to them.

This short article aims to clarify a number of key terms and to enable organisations to better understand how CDM applies to their activities, as it will apply for the vast majority of organisations.

It’s common to think of CDM and construction as applying to new building projects, but it equally applies to maintenance, renovations, repairs and demolition works, as well as works involving fixed services.
Application
CDM applies to all construction work, no matter how large or small, how short or long in duration, or whether the work is commercial or domestic (N.B. domestic DIY projects are exempt from CDM, however significant work may require building control approval).

The regulations refer to ‘construction projects’ and its often asked whether short duration construction tasks should be viewed as a ‘project’. The simple answer is yes, any construction works are considered projects, regardless of duration and complexity, including:

• the alteration, conversion, fitting out, commissioning, renovation, repair, upkeep, de-commissioning, demolition or dismantling of structures;
• the preparation for an intended structure, such as site clearance, exploration and investigation;
• the assembling or dissembling of prefabricated elements to form a structure;
• the removal of structures, or of any product or waste resulting from their removal or dissembling; and
• the installation, commissioning, maintenance, repair or removal of mechanical, electrical, gas, compressed air, hydraulic, telecommunications, computer or similar services which are normally fixed within or to a structure.

Construction work encompasses a wide range of tasks related to building and structural engineering, including the creation, modification, and maintenance of structures. The list of structures goes beyond buildings and includes docks, pipelines, cables, river works and masts, as well as any other structure similar to those listed in regulation 2.
CDM duty holders and project phases
Under CDM, a number of roles are established:

• Client – any person a project is carried out for. Key duties of a client are to ensure appropriate resources and facilities are made available for a project, notify the HSE where a project is notifiable, and that wider competent duty holders are appointed and fulfil their responsibilities. For domestic clients their duties are normally fulfilled by the wider duty holders.
• Designer / Principal Designer – any person (including a client, contractor or other person referred to in these Regulations) who prepares or modifies a construction design. Designers are primarily responsible for the design and pre-construction phases of a project, ensuring that the general principles of prevention are included within designs and preparing a health and safety plan.
• Contractor / Principal Contractor – any person (including a non-domestic client) who, in the course or furtherance of a business, carries out, manages or controls construction Contractors are primarily responsible for the pre-construction and construction phases of a project developing a construction phase plan and managing construction work so that it is completed safely.

N.B. When a project involves more than 1 contractor, a principal designer (PD) and principal contractor (PC) must be appointed. One organisation may fulfil multiple roles under CDM, for example, a building company may be both the designer and contractor for the project.

A summary of the key duties of duty holders and general requirements for all construction sites can be found in The Construction (Design and Management) Regulations 2015 on the Legislation Update Service.
Key points to remember

• Construction is not just the erection of buildings, construction work and CDM applies to pretty much every organisation through maintenance and redecoration etc.
• CDM applies to all construction work (including demolition), except for domestic DIY.
• A client, designer and contractor might be the same organisation or person (this is common for organisations who do their own repairs and maintenance to buildings).
• Providing general H&S is already well managed already within your organisation, fulfilling CDM duties when carrying out maintenance and repairs does not need to be complex.

Given the wide-reaching scope of CDM, it applies to virtually every organisation even if only through client duties.

If you’re a LUS subscriber and have any questions on how to ensure you fulfil your duties under CDM you can submit a Helpline on LUS for support.
Not a subscriber to the Legislation Update Service? Find out more here about the benefits of a subscription.

As part of your subscription to LUS we offer a helpline service. Ran by experts, the free legislation helpline provides support to understand the general application of environment, health and safety legislation, as well as providing clarity on updates to your legislation register.

Our LUS subscriber helpline service helps provide clarity on the general application of environment, health and safety legislation. We get some great questions and thought you might be interested in the answers we gave.
We’ve compiled some recent questions that cover a wide range of topics which may be of interest.
What is a green travel plan and is having a Green Travel Plan compulsory?

A green travel plan can be used by businesses and other organisations to identify and promote ways to encourage a range of sustainable, or less environmentally damaging modes of transport. A plan addresses all transport issues within an organisation including staff travel into their place of work, staff travel on business, clients visiting the organisation’s premises and fleet management.

Generally, travel plans are only required where a development with planning permission is likely to result in any meaningful change to transport in an area. Green travel plans are rarely compulsory but may be required as part of an environmental permit requirement or for a development likely to disrupt current transport infrastructure in the area that would impact people and the environment.

I’m based in the UK, can I get an annual waste transfer note for my commercial waste instead of one for each collection?

You probably can for some of your wastes! This does depend on a few things though.

Annual waste transfer notes or “season tickets” are only allowed to be used for the collection of the same type of waste by the same waste carrier. They can be used to cover multiple transfers of non-hazardous waste over a period of up to one year.

In order to be eligible for an annual note the details about the collection that must remain the same are:

• the current holder / producer of the waste;
• the waste carrier; and
• the type of waste.

When using an annual note, records of each individual transfer must be kept in accompaniment for at least 2 years.

Further guidance can be found on the Government website here.

What training and experience would someone issuing confined space and excavation permits require?

The legislation does not prescribe specific training and experience for those involved in permit-to-work systems. Instead, it requires adequate training and competence, which should be determined based on a risk assessment.

Guidance on permit-to-work systems, including risk assessment, responsibilities and training and competence can be found in the HSG250 document, issued by the HSE.

The guidance document defines the different roles under a permit-to-work system and the responsibilities of each. It also covers training requirements and assessment of competency (including for those issuing permits).

In conclusion, while the law does not prescribe specific training that must be undertaken by those issuing a permit-to-work, guidance is available from HSE on options for provision of training and assessment of competency.

Our facility is a contractor that produces finished goods for other companies, are we as the contractor liable for the recording and reporting data on packaging waste, or is it the company that we are doing the work for that is liable, i.e., the company that is shipping to the end customer?

The latest guidance on agreed positions and technical interpretations for EPR states ‘If packaging bears more than one brand, the producer who makes the first supply of the filled packaging is the producer in relation to that packaging’.

In this case, your facility would be classed as the producer of the packaging and be responsible for it, as it has your branding on and you are the first supplier (supplying to the customer), even if the ultimate intention is that the product and packaging will be supplied to your customer’s customer.

If there is a leak of refrigerant gases (R134a or R32) from our equipment, then do we need to report that to the Environmental Agency? 

The regulations on fluorinated greenhouse gases, which cover R132a and R32, establish specific duties for leak checks and record keeping, but don’t specifically require the reporting of leaks. If a leak of F gas is detected, it is the operator’s duty to repair the equipment as soon as possible and repeat the leak test within a month. You should keep hold of the documentary evidence to be able to demonstrate the leak was fixed and then retested,

Additional information on F gas leaks can be found in the government guidance here.

While there isn’t a specific duty in the regulations to report leaks, there may be a condition in an environmental permit to report a leak. If a permit does require the reporting of a leak then there would be a legal requirement to comply with this.
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At The Compliance People, we’re dedicated to supporting initiatives that transform lives.

In this month’s social value update, we share the story of Sharon, an 18-year-old who, after completing her A-Levels, found herself in Halifax, a town where she was a stranger.

Struggling with social anxiety and low self-confidence, Sharon found it difficult to make new friends and was hesitant to pursue job opportunities, even though she had a strong passion for working with animals. However, following a referral to our charities, Moving Forward Together (MFT) programme , Sharon’s live began to change.

Due to her anxiety, Sharon initially needed her father’s support to attend meetings. Recognising her challenges, Mansib Siam, Newground Together’s Employment and Skills Advisor, stepped in to facilitate the appointments. Understanding the importance of building Sharon’s confidence, they collaborated on creating a SMART action plan tailored to help her gain employment and overcome her social barriers. This plan marked the beginning of Sharon’s journey towards independence and self-assurance.

One of the first steps in Sharon’s journey was encouraging her to join gym sessions. This initiative aimed to push her out of her comfort zone, helping her to socialise and boost her self-esteem. This seemingly simple activity became a catalyst for Sharon’s transformation. Over time, as her confidence grew, Sharon reached a significant milestone—she began attending her appointments independently, a remarkable achievement given her initial struggles with social anxiety.

The gym sessions had a profound impact on Sharon. As she became more comfortable, she started to interact with other participants in the MFT programme, and her confidence steadily grew. Activities that once seemed daunting, like taking selfies and videos, became part of her routine, highlighting the significant strides she made in overcoming her social anxiety and embracing her newfound self-assurance.

With her growing confidence, Sharon and Mansib turned their focus to refining her CV, making it more attractive to potential employers. This effort quickly bore fruit, as Sharon received several interview invitations. Together, they worked diligently to prepare, practicing potential interview questions and answers to ensure Sharon felt confident in presenting her best self. This preparation was key to her feeling ready and capable of succeeding in the job market.

The hard work and dedication culminated in Shannon securing a role as an animal care assistant. This achievement was not just a job but a realisation of her dream to work with animals. Shannon was overjoyed and felt a real sense of achievement.

The support from the MFT programme extended well beyond just helping Shannon secure a job. She continued to flourish, having completed over six months in her new role and now aiming to build a lasting career in animal care. Her confidence grew significantly, and she stayed committed to her gym sessions, which continued to enhance her social skills and self-esteem.