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HEALTH AND SAFETY AT WORK ETC. ACT 1974

UK Public General Acts

Version 03/04/2017

1974 CHAPTER 37

Default Geographical Extent: E+W+S+N.I.


  • Part I. Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere
    • Preliminary
    • General duties
    • The Health and Safety Commission and the Health and Safety Executive
    • Health and safety regulations and approved codes of practice
    • Enforcement
    • Obtaining and disclosure of information
    • Special provisions relating to agriculture
    • Provisions as to offences
    • Financial provisions
    • Miscellaneous and supplementary
  • Part II (E+W+S). The Employment Medical Advisory Service
  • Part III (E+W+S). M18 Building Regulations, and Amendment of Building (Scotland) Act 1959
  • Part IV. Miscellaneous and General
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Introductory Text

Health and Safety at Work etc. Act 1974

1974 CHAPTER 37

An Act to make further provision for securing the health, safety and welfare of persons at work, for protecting others against risks to health or safety in connection with the activities of persons at work, for controlling the keeping and use and preventing the unlawful acquisition, possession and use of dangerous substances, and for controlling certain emissions into the atmosphere; to make further provision with respect to the employment medical advisory service; to amend the law relating to building regulations, and the Building (Scotland) Act 1959; and for connected purposes.

[31st July 1974]

Annotations:

Extent Information

E1 For the application of this Act to Northern Ireland see s. 84(1); Pt. III of this Act (except s. 75 and Sch. 7) does not extend to Scotland see s. 84(2).

Modifications etc. (not altering text)

C1 Act applied (15.12.1999) by 1996 c. 18, Pt. VIII, s. 72(4) (as substituted (15.12.1999) by 1999 c. 26, ss. 7, 8, 9, Sch. 4 Pt. I; S.I. 1999/2830, art. 2(2))

Act extended (11.10.1999) by S.I. 1999/2550, reg. 3

C2 Act applied by S.I. 1988/778, reg. 11(1)

C3 Act applied by S.I. 1990/13, reg. 11(5)

Act applied in part (1.9.1993) by S.I. 1993/1746, reg. 18(1)(a).

Act extended (1.1.1994) by S.I. 1993/2379, reg. 9(a).

Act extended (1.12.1993) by S.I. 1993/2714, reg. 9(4)(a).

Act applied (31.1.1994) by S.I. 1993/3050, art. 21(1)(a) (with art. 3).

Act applied (with modifications) (29.7.1994) by S.I. 1994/1806, regs. 3(1), 12

Act applied in part (15.3.1995) by S.I. 1995/263, arts. 3-8, 10

Act applied (with modifications) (18.7.1995) by S.I. 1995/1629, art. 30(3)(b)(5)

C4 Certain provisions of this Act applied (with modifications) (29.11.1992) by S.I. 1992/2415, reg. 4(1)

C5 Certain provisions of this Act applied (1.1.1993) by S.I. 1992/2997, reg.6

C6 Certain provisions of this Act applied (with modifications) (E.W.S.) (1.1.1993) by S.I. 1992/3060, reg. 15(1)

C7 Certain provisions of this Act applied (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 21(1)

C8 Act excluded (E.W.) (1.4.2006) by S.I. 2005/1541, art. 47, (with art. 49)

C9 Act modified (30.5.2007) by The National Assembly for Wales Commission (Crown Status) (No. 2) Order 2007 (S.I. 2007/1353), art. 2

C10 Act applied (E.W.S.) (19.7.2015) by The Offshore Installations (Offshore Safety Directive) (Safety Case etc.) Regulations 2015 (S.I. 2015/398), reg. 36(8) (with reg. 4(2), Sch. 14)


Part I
Health, Safety and Welfare in connection with Work, and Control of Dangerous Substances and Certain Emissions into the Atmosphere



Annotations:

Extent Information

E2 For the application of Pt. I to Northern Ireland see s. 84(1).

Modifications etc. (not altering text)

C11 Pt. I (ss. 1–54) extended by S.I. 1981/1011, reg. 9, 1983/1919, reg. 3

Pt. I (ss. 1-54) modified (E.W.S.) (1.2.1996) by 1995 c. 25, s. 5(5)(b) (with ss. 115, 117); S.I. 1996/186, art. 2

Pt. I (ss. 1-54) modified (E.W.S.) (1.4.1996) by 1995 c. 25, s. 33(5)(c) (with s. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. I (ss. 1-54) amended (E.W.S.) (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 30(2) (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

Pt. I (ss. 1-54) amended (E.W.S.) (1.3.1996) by 1995 c. 45, s. 16(1), Sch. 4 para. 10(1)(a)(3); S.I. 1996/218, art. 2

C12 Pt. I (ss. 1–54) extended by Gas Act 1986 (c. 44, SIF 44:2), ss. 18, 48(3)(4)

C13 Pt. I (ss. 1–54) applied by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 para. 6(2)

C14 Pt. I (ss. 1–54) amended by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36

C15 Pt. I (ss. 1–54) amended by S.I. 1988/1222, regs. 3, 4

C16 Pt. I (ss. 1–54) extended by S.I. 1989/1671, reg. 4

C17 Pt. I (ss. 1–54) amended by S.I. 1989/1810, reg. 3 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).

C18 Pt. I (ss. 1–54) amended by S.I. 1990/1380, reg. 3

Pt. I (ss. 1-54) saved by Highland Regional Council (Harbours) Order Confirmation Act (c. xii), s. 1, Sch. s. 61(1)(f)

Pt. I (ss. 1-54) definition applied (E.W.) (1.12.1991) by Water Industry Act 1991 (c. 56, SIF 130), ss. 206(3)(g), 223(2)

Pt. I (ss. 1-54) saved by London Underground (Safety Measures) Act 1991 (c. xviii), s. 11(2)

Pt. I (ss. 1-54) saved by City of Edinburgh District Council Order Confirmation Act 1991 (c. xix), s. 1, Sch. 1 Pt. XII para. 67(2)

C19 Pt. I extended by S.I. 1978/752, reg. 3

Pt. I (ss. 1-54): transfer of functions (E.W.) (1.4.1996) by 1995 c. 25, s. 2(1)(g)(2)(c) (with ss. 115, 117); S.I. 1996/186, art. 3

Pt. I (ss. 1-54): transfer of functions (S.) (12.10.1995) by 1995 c. 25, s. 21(1)(g) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

Pt. I (ss. 1-54): transfer of functions (E.W.S.) (12.10.1995) by 1995 c. 25, s. 21(2)(a) (with ss. 7(6), 115, 117); S.I. 1995/2649, art. 2

C20 Pt. I (ss. 1-54) extended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), S. 1(1)

C21 Pt. I (ss. 1-54) amended (E.W.S.) (6.3.1992) by Offshore Safety Act 1992 (c. 15), s. 1(1)

Pt. I (ss. 1-54) amended (E.W.S.) (2.2.1994) by 1993 c. 43, s. 117(1)(6), 150(1)(e); S.I. 1994/202, art. 2

C22 Pt. I (ss. 1-54) extended (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 4

C23 Pt. I (ss. 1-54) modified (E.W.S.) (1.1.1993) by S.I. 1992/2051, reg. 16(2)

C24 Pt. I (ss. 1-54) extended (E.W.S.) (6.3.1992) by offshore Safety Act 1992 (c. 15), s. 2(1)

Pt. 1 (ss. 1-54) extended (E.W.S.) (2.2.1994) by 1993 c. 43, ss. 117(2)(6), 150(1)(e); S.I. 1994/202, art. 2

C25 Pt. I (ss. 1-54) applied (with modifications) (14.4.1999) by S.I. 1999/860, reg. 2

C26 Pt. I (ss. 1-54) applied (1.7.1999) by S.I. 1999/1517, reg. 12(3), Sch. 4 para. 12(3)(c)

Pt. I: functions of local authority not to be responsibility of an executive of the authority (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1 Table C

C27 Pt. I restricted (S.) (1.10.2006) by 2005 asp 5, ss. 70, 90; S.I. 2006/458, art. 2 (subject to art. 3)

C28 Pt. 1 modified (prosp.) by Energy Act 2008 (c. 32), ss. 99(1), 110

C29 Pt. 1: power to repeal or modify conferred (prosp.) by Energy Act 2008 (c. 32), ss. 99(1)(2), 110


Preliminary


1 Preliminary.

(1) The provisions of this Part shall have effect with a view to—

(a) securing the health, safety and welfare of persons at work;
(b) protecting persons other than persons at work against risks to health or safety arising out of or in connection with the activities of persons at work;
(c) controlling the keeping and use of explosive or highly flammable or otherwise dangerous substances, and generally preventing the unlawful acquisition, possession and use of such substances; [F1 [F2 and] ]
[F1 [F2 (d) controlling the emission into the atmosphere of noxious or offensive substances from premises of any class prescribed for the purposes of this paragraph.] ]
(2) The provisions of this Part relating to the making of health and safety regulations F3 . . . and the preparation and approval of codes of practice shall in particular have effect with a view to enabling the enactments specified in the third column of Schedule 1 and the regulations, orders and other instruments in force under those enactments to be progressively replaced by a system of regulations and approved codes of practice operating in combination with the other provisions of this Part and designed to maintain or improve the standards of health, safety and welfare established by or under those enactments.

(3) For the purposes of this Part risks arising out of or in connection with the activities of persons at work shall be treated as including risks attributable to the manner of conducting an undertaking, the plant or substances used for the purposes of an undertaking and the condition of premises so used or any part of them.

(4) References in this Part to the general purposes of this Part are references to the purposes mentioned in subsection (1) above.

Annotations:

Amendments (Textual)

F1 S. 1(1)(d) and preceding word repealed (16.12.1996 for E.W and otherwise prosp.) by 1990 c. 43, s. 162(2), 164(3), Sch. 16 Pt. I; S.I. 1996/3056, art. 2

F2 S. 1(1)(d) and preceding word repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 2(2)

F3 Words repealed by Employment Protection Act 1975 (c. 71), Sch. 18

Modifications etc. (not altering text)

C30 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C31 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C32 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C34 S. 1(1)(c) extended (E.W.S.) (8.8.1996) by S.I. 1996/2075, reg. 2(1) (which amending provision was revoked (11.3.2002) by S.I. 2002/282, art. 4)

S. 1(1)(c) modified (E.W.S.) (11.3.2002) by S.I. 2002/282, art. 3

C35 S. 1(2) modified by Gas Act 1986 (c. 44, SIF 44:2), s. 67(3), Sch. 8 Pt. I para. 6(3)

C36 S. 1(3) applied by Companies Act 1985 (c. 6, SIF 27), s. 235(5), Sch. 7 Pt. IV para. 10(4)

C37 S. 1(3) applied (1.4.2014) by Energy Act 2013 (c. 32), ss. 69(3), 156(1) (with ss. 107, 111); S.I. 2014/251, art. 4


General duties


2 General duties of employers to their employees.

(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.

(2) Without prejudice to the generality of an employer’s duty under the preceding subsection, the matters to which that duty extends include in particular—

(a) the provision and maintenance of plant and systems of work that are, so far as is reasonably practicable, safe and without risks to health;
(b) arrangements for ensuring, so far as is reasonably practicable, safety and absence of risks to health in connection with the use, handling, storage and transport of articles and substances;
(c) the provision of such information, instruction, training and supervision as is necessary to ensure, so far as is reasonably practicable, the health and safety at work of his employees;
(d) so far as is reasonably practicable as regards any place of work under the employer’s control, the maintenance of it in a condition that is safe and without risks to health and the provision and maintenance of means of access to and egress from it that are safe and without such risks;
(e) the provision and maintenance of a working environment for his employees that is, so far as is reasonably practicable, safe, without risks to health, and adequate as regards facilities and arrangements for their welfare at work.
(3) Except in such cases as may be prescribed, it shall be the duty of every employer to prepare and as often as may be appropriate revise a written statement of his general policy with respect to the health and safety at work of his employees and the organisation and arrangements for the time being in force for carrying out that policy, and to bring the statement and any revision of it to the notice of all of his employees.

(4) Regulations made by the Secretary of State may provide for the appointment in prescribed cases by recognised trade unions (within the meaning of the regulations) of safety representatives from amongst the employees, and those representatives shall represent the employees in consultations with the employers under subsection (6) below and shall have such other functions as may be prescribed.

F4 (5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) It shall be the duty of every employer to consult any such representatives with a view to the making and maintenance of arrangements which will enable him and his employees to co-operate effectively in promoting and developing measures to ensure the health and safety at work of the employees, and in checking the effectiveness of such measures.

(7) In such cases as may be prescribed it shall be the duty of every employer, if requested to do so by the safety representatives mentioned in [F5 subsection (4) ] above, to establish, in accordance with regulations made by the Secretary of State, a safety committee having the function of keeping under review the measures taken to ensure the health and safety at work of his employees and such other functions as may be prescribed.

Annotations:

Amendments (Textual)

F4 Ss. 2(5), 29, 31, 32, 50(4)(5), 53(2)–(6) repealed by Employment Protection Act 1975 (c. 71), Sch. 18

F5 Words substituted by Employment Protection Act 1975 (c. 71), Sch. 15 para. 2

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C38 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C39 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C40 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C41 S. 2(1)(2)(3) modified (15.11.2000) by S.I. 2000/2831, reg. 5(1)

C42 S. 2(1) modified (E.W.S.) (1.10.2014) by The Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663), regs. 1, 4(2) (with reg. 3(1)(2))

C43 S. 2(2) modified (E.W.S.) (1.10.2014) by The Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663), regs. 1, 4(2) (with reg. 3(1)(2))

C44 S. 2(3) modified (1.10.1993) by S.I. 1993/1897, art. 4(4).

C45 S. 2(3) modified (E.W.S.) (1.10.2014) by The Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663), regs. 1, 4(2) (with reg. 3(1)(2))

C46 S. 2(4) modified by S.I. 1977/500, reg. 8(1)


3 General duties of employers and self-employed to persons other than their employees.

(1) It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.

(2) It shall be the duty of every self-employed person [F7 who conducts an undertaking of a prescribed description] to conduct [F8 the undertaking] in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

[F9 (2A) A description of undertaking included in regulations under subsection (2) may be framed by reference to—

(a) the type of activities carried out by the undertaking, where those activities are carried out or any other feature of the undertaking;
(b) whether persons who may be affected by the conduct of the undertaking, other than the self-employed person (or his employees) , may thereby be exposed to risks to their health or safety.]
(3) In such cases as may be prescribed, it shall be the duty of every employer and every self-employed person, in the prescribed circumstances and in the prescribed manner, to give to persons (not being his employees) who may be affected by the way in which he conducts his undertaking the prescribed information about such aspects of the way in which he conducts his undertaking as might affect their health or safety.

Annotations:

Amendments (Textual)

F6 S. 3(2) amendment to earlier affecting provision S.I. 2002/2677, reg. 20 (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 7(3)

F7 Words in s. 3(2) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 1(2)(a), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

F8 Words in s. 3(2) substituted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 1(2)(b), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

F9 S. 3(2A) inserted (26.3.2015 for specified purposes, 1.10.2015 in so far as not already in force) by Deregulation Act 2015 (c. 20), ss. 1(3), 115(2)(a) (with s. 1(6)); S.I. 2015/1732, art. 2(a)

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C47 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C48 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C49 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C50 S. 3(2) modified by S.I. 1978/752, reg. 4

S. 3(2) modified (16.1.1995) by S.I. 1994/3246, reg. 20

C51 S. 3(2) modified by S.I. 1981/1011, reg. 10

C52 S. 3(2) modified by S.I. 1989/1810, reg. 4 (which S.I. was revoked (1.2.1993) by S.I. 1992/3217, reg. 25).

C53 S. 3(2) modified (E.W.S.) (1.2.1993) by S.I. 1992/3217, reg. 5

S. 3(2) modified (25.3.1999) by S.I. 1999/437, reg. 20

S. 3(2) modified (15.11.2000) by S.I. 2000/2831, reg. 5(2)

S. 3(2) modified (21.11.2002) by S.I. 2002/2677, reg. 20

C54 S. 3(2) modified (E.W.S.) (1.10.2014) by The Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663), regs. 1, 4(3) (with reg. 3(1)(2))


4 General duties of persons concerned with premises to persons other than their employees.

(1) This section has effect for imposing on persons duties in relation to those who—

(a) are not their employees; but
(b) use non-domestic premises made available to them as a place of work or as a place where they may use plant or substances provided for their use there,
and applies to premises so made available and other non-domestic premises used in connection with them.
(2) It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health.

(3) Where a person has, by virtue of any contract or tenancy, an obligation of any extent in relation to—

(a) the maintenance or repair of any premises to which this section applies or any means of access thereto or egress therefrom; or
(b) the safety of or the absence of risks to health arising from plant or substances in any such premises;
that person shall be treated, for the purposes of subsection (2) above, as being a person who has control of the matters to which his obligation extends.
(4) Any reference in this section to a person having control of any premises or matter is a reference to a person having control of the premises or matter in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not).

Annotations:

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C55 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C56 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C57 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))


[F10 5 General duty of persons in control of certain premises in relation to harmful emissions into atmosphere.

[F11 (1) [F12 Subject to subsection (5) below,] ] It shall be the duty of the person having control of any premises of a class prescribed for the purposes of section 1(1) (d) to use the best practicable means for preventing the emission into the atmosphere from the premises of noxious or offensive substances and for rendering harmless and inoffensive such substances as may be so emitted.

(2) The reference in subsection (1) above to the means to be used for the purposes there mentioned includes a reference to the manner in which the plant provided for those purposes is used and to the supervision of any operation involving the emission of the substances to which that subsection applies.

(3) Any substance or a substance of any description prescribed for the purposes of subsection (1) above as noxious or offensive shall be a noxious or, as the case may be, an offensive substance for those purposes whether or not it would be so apart from this subsection.

(4) Any reference in this section to a person having control of any premises is a reference to a person having control of the premises in connection with the carrying on by him of a trade, business or other undertaking (whether for profit or not) and any duty imposed on any such person by this section shall extend only to matters within his control.

[F13 (5) The foregoing provisions of this section shall not apply in relation to any process which is a prescribed process as from the date which is the determination date for that process.

(6) For the purposes of subsection (5) above, the “determination date” for a prescribed process is—

(a) in the case of a process for which an authorisation is granted, the date on which the enforcing authority grants it, whether in pursuance of the application or, on an appeal, of a direction to grant it;
(b) in the case of a process for which an authorisation is refused, the date of the refusal or, on an appeal, of the affirmation of the refusal.
(7) In subsections (5) and (6) above “authorisation”, “enforcing authority” and “prescribed process” have the meaning given in section 1 of the Environmental Protection Act 1990 and the reference to an appeal is a reference to an appeal under section 15 of that Act.] ]

Annotations:

Amendments (Textual)

F10 S. 5 repealed (16.12.1996 for E.W. and otherwise prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I; S.I. 1996/3056, art. 2

F11 S. 5 repealed (S.) (26.2.2015) by The Regulatory Reform (Scotland) Act 2014 (Consequential Modifications) Order 2015 (S.I. 2015/374), arts. 1(1), 2(3)

F12 Words in s. 5 inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 14(a); S.I. 1991/1042, art.2

F13 S. 5(5)–(7) inserted (1.4.1991) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(1), Sch. 15 para. 14(b); S.I. 1991/1042, art.2

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C58 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C59 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C60 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))


6 General duties of manufacturers etc. as regards articles and substances for use at work.

[F14 (1) It shall be the duty of any person who designs, manufactures, imports or supplies any article for use at work or any article of fairground equipment—

(a) to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being set, used, cleaned or maintained by a person at work;
(b) to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph;
(c) to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all such times as are mentioned in paragraph (a) above and when it is being dismantled or disposed of; and
(d) to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of the preceding paragraph as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.
(1A) It shall be the duty of any person who designs, manufactures, imports or supplies any article of fairground equipment—

(a) to ensure, so far as is reasonably practicable, that the article is so designed and constructed that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public;
(b) to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph;
(c) to take such steps as are necessary to secure that persons supplied by that person with the article are provided with adequate information about the use for which the article is designed or has been tested and about any conditions necessary to ensure that it will be safe and without risks to health at all times when it is being used for or in connection with the entertainment of members of the public; and
(d) to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of the preceding paragraph as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.]
(2) It shall be the duty of any person who undertakes the design or manufacture of any article for use at work [F15 or of any article of fairground equipment] to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonably practicable, the elimination or minimisation of any risks to health or safety to which the design or article may give rise.

(3) It shall be the duty of any person who erects or installs any article for use at work in any premises where that article is to be used by persons at work [F16 or who erects or installs any article of fairground equipment] to ensure, so far as is reasonably practicable, that nothing about the way in which [F17 the article is erected or installed makes it unsafe or a risk to health at any such time as is mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (1) or (1A) above.]

[F18 (4) It shall be the duty of any person who manufactures, imports or supplies any substance—

(a) to ensure, so far as is reasonably practicable, that the substance will be safe and without risks to health at all times when it is being used, handled, processed, stored or transported by a person at work or in premises to which section 4 above applies;
(b) to carry out or arrange for the carrying out of such testing and examination as may be necessary for the performance of the duty imposed on him by the preceding paragraph
(c) to take such steps as are necessary to secure that persons supplied by that person with the substance are provided with adequate information about any risks to health or safety to which the inherent properties of the substance may give rise, about the results of any relevant tests which have been carried out on or in connection with the substance and about any conditions necessary to ensure that the substance will be safe and without risks to health at all such times as are mentioned in paragraph (a) above and when the substance is being disposed of; and
(d) to take such steps as are necessary to secure, so far as is reasonably practicable, that persons so supplied are provided with all such revisions of information provided to them by virtue of the preceding paragraph as are necessary by reason of its becoming known that anything gives rise to a serious risk to health or safety.]
(5) It shall be the duty of any person who undertakes the manufacture of any [F19 substance] to carry out or arrange for the carrying out of any necessary research with a view to the discovery and, so far as is reasonable practicable, the elimination or minimisation of any risks to health or safety to which the substance may give rise [F19 at all such times as are mentioned in paragraph (a) of subsection (4) above] .

(6) Nothing in the preceding provisions of this section shall be taken to require a person to repeat any testing, examination or research which has been carried out otherwise than by him or at his instance, in so far as it is reasonable for him to rely on the results thereof for the purposes of those provisions.

(7) Any duty imposed on any person by any of the preceding provisions of this section shall extend only to things done in the course of a trade, business or other undertaking carried on by him (whether for profit or not) and to matters within his control.

(8) Where a person designs, manufactures, imports or supplies an article [F20 for use at work or an article of fairground equipment and does so for or to another] on the basis of a written undertaking by that other to take specified steps sufficient to ensure, so far as is reasonably practicable, that the article will be safe and without risks to health [F21 at all such times as are mentioned in paragraph (a) of subsection (1) or, as the case may be, in paragraph (a) of subsection (1) or (1A) above] , the undertaking shall have the effect of relieving the first-mentioned person from the duty imposed [F22 by virtue of that paragraph] to such extent as is reasonable having regard to the terms of the undertaking.

[F23 (8A) Nothing in subsection (7) or (8) above shall relieve any person who imports any article or substance from any duty in respect of anything which—

(a) in the case of an article designed outside the United Kingdom, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who designed the article; or
(b) in the case of an article or substance manufactured outside the United Kingdom, was done by and in the course of any trade, profession or other undertaking carried on by, or was within the control of, the person who manufactured the article or substance.]
(9) Where a person (“the ostensible supplier”) supplies any [F24 article or substance] to another (“the customer”) under a hire-purchase agreement, conditional sale agreement or credit-sale agreement, and the ostensible supplier—

(a) carries on the business of financing the acquisition of goods by others by means of such agreements; and
(b) in the course of that business acquired his interest in the article or substance supplied to the customer as a means of financing its acquisition by the customer from a third person (“the effective supplier”) ,
the effective supplier and not the ostensible supplier shall be treated for the purposes of this section as supplying the article or substance to the customer, and any duty imposed by the preceding provisions of this section on suppliers shall accordingly fall on the effective supplier and not on the ostensible supplier.
[F25 (10) For the purposes of this section an absence of safety or a risk to health shall be disregarded in so far as the case in or in relation to which it would arise is shown to be one the occurrence of which could not reasonably be foreseen; and in determining whether any duty imposed by virtue of paragraph (a) of subsection (1) , (1A) or (4) above has been performed regard shall be had to any relevant information or advice which has been provided to any person by the person by whom the article has been designed, manufactured, imported or supplied or, as the case may be, by the person by whom the substance has been manufactured, imported or supplied.]

Annotations:

Amendments (Textual)

F14 S. 6(1)(1A) substituted for s. 6(1) by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(2)

F15 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(4)

F16 Words inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(4)(a)

F17 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(4)(b)

F18 S. 6(4) substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(5)

F19 Word substituted and words beginning “at all such times...” inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(6)(a)(b)

F20 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(7)(a)

F21 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(7)(b)

F22 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(7)(c)

F23 S. 6(8A) inserted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(8)

F24 Words substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(9)

F25 S. 6(10) substituted by Consumer Protection Act 1987 (c. 43, SIF 109:1), s. 36, Sch. 3 para. 1(10)

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C61 S. 6 modified by S.I. 1980/907, reg. 3

C62 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C63 S. 6 modified by S.I. 1989/1790, reg. 12

C64 S. 6 modified (3.8.1992) by S.I. 1992/1524, reg. 3

C65 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C66 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C67 S. 6(1) modified ibid., reg. 4

C68 S. 6(1)(1A) modified (3.8.1992) by S.I. 1992/1524, reg. 4

C69 S. 6(1) modified (1.1.2000) by S.I. 1999/3232, reg. 31(1)

C70 S. 6(9) applied by S.I. 1989/2169, reg. 3(4), Sch. 3 para. 3

S. 6(9) applied (21.2.2000) by S.I. 2000/128, reg. 3, Sch. 2


7 General duties of employees at work.

It shall be the duty of every employee while at work—

(a) to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts or omissions at work; and
(b) as regards any duty or requirement imposed on his employer or any other person by or under any of the relevant statutory provisions, to co-operate with him so far as is necessary to enable that duty or requirement to be performed or complied with.
Annotations:

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C71 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C72 S. 7 modified (15.11.2000) by S.I. 2000/2831, reg. 5(1)

Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C73 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C74 S. 7 modified (E.W.S.) (1.10.2014) by The Genetically Modified Organisms (Contained Use) Regulations 2014 (S.I. 2014/1663), regs. 1, 4(2) (with reg. 3(1)(2))


8 Duty not to interfere with or misuse things provided pursuant to certain provisions.

No person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health, safety or welfare in pursuance of any of the relevant statutory provisions.

Annotations:

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C75 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C76 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C77 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))


9 Duty not to charge employees for things done or provided pursuant to certain specific requirements.

No employer shall levy or permit to be levied on any employee of his any charge in respect of anything done or provided in pursuance of any specific requirement of the relevant statutory provisions.

Annotations:

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C78 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C79 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C80 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))


The Health and Safety Commission and the Health and Safety Executive


[F26 10 Establishment of the Executive.

(1) There shall be a body corporate to be known as the Health and Safety Executive (in this Act referred to as “ the Executive ”).

(2) The provisions of Schedule 2 shall have effect with respect to the Executive.

(3) The functions of the Executive and of its officers and servants shall be performed on behalf of the Crown.

(4) For the purpose of any civil proceedings arising out of those functions—

(a) in England and Wales and Northern Ireland, the Crown Proceedings Act 1947 shall apply to the Executive as if it were a government department within the meaning of that Act, and
(b) in Scotland, the Crown Suits (Scotland) Act 1857 shall apply to the Executive as if it were a public department within the meaning of that Act.]
Annotations:

Amendments (Textual)

F26 S. 10 substituted (1.4.2008) by The Legislative Reform (Health and Safety Executive) Order 2008 (S.I. 2008/960), art. 4 (with art. 21, Sch. 2)

Modifications etc. (not altering text)

C33 Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))

C81 Ss. 1–25, 26, 27, 28, 30, 33, 34–59, 80, 81 and 82 applied by S.I. 1989/840, arts. 2–10

C82 Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C83 Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C84 S. 10(1) applied (with modifications) (17.8.2015) by The Pyrotechnic Articles (Safety) Regulations 2015 (S.I. 2015/1553), reg. 1, Sch. 8 paras. 1(a), 2

C85 S. 10(1) applied (with modifications) (8.12.2016) by The Lifts Regulations 2016 (S.I. 2016/1093), reg. 1, Sch. 8 paras. 1(a), 2 (with regs. 3-5)