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QHSE Specialist

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Legislation in Britain, that is concerned with health and safety has evolved over many years. There are two

sources of law, these being common and statute law. English common law is based on local and general custom that has evolved steadily since the eleventh century and has its roots deeply entrenched in the concept of 'duty of care'. Statute law, or as it is commonly termed legislation, is the main source of health and safety law today and is made by

Acts of Parliament in the form of regulations and orders.

The requirement for the control of risk in the workplace has seen a steady impetus since the Welfare Act became statute law back in 1802. Most Acts that followed were reactive in nature, normally following a disaster. In the case of Wilson's and Clyde Coal Co. Ltd. V English (1938), Lord Wright said that the employer's duty is threefold. These duties are namely: a) the provision of competent staff: b) the provision of adequate materials, premises and plant, and c) the provision of a proper system of work and effective supervision. It was not until the Roben's committee (1970 to 1972) published its report on health and safety that the UK saw a major change in health and safety legislation with the introduction of the Health and Safety at Work etc Act 1974, this Act embodied the duties imposed by Lord Wright back in 1938. However, these duties are qualified by the principle of 'so far as is reasonably practicable'. In other words, an employer does not have to take measures to avoid or reduce risk if they are technically impossible or if the time, trouble, or cost of the measures would be grossly disproportionate to the risk. This legislation was prescriptive rather than proscriptive, with the emphasis moved towards employer and employee self-regulation. The Act was also introduced as an 'enabling' Act, with the intention of empowering the Secretary of State to make further regulations and orders. This empowerment saw the introduction of further legislation, typical examples being The Workplace (health safety and welfare) Regulations 1992 and The Management of Health and Safety at Work Regulations 1999. The Act also allowed the Health and Safety Committee to provide guidance to employers on meeting the requirement of health and safety legislation such as Approved Codes of Practice.

There are many guidance documents and studies directed at reducing risk and the prevention of accidents within the workplace. Two notable publications by the Health and Safety Executive being:

HSG 048 - Reducing errors and influencing behaviours.

HSG 065 - Successful health and safety management.

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