Закон о здоровье и безопасности на рабочем месте 1974 года в Великобритании

The Health and Safety at Work etc. Act 1974 (c. 37) (abbreviated to "HSWA 1974", "HASWA" or "HASAWA") is an act of the Parliament of the United Kingdom that as of 2011 defines the fundamental structure and authority for the encouragement, regulation and enforcement of workplace health, safety and welfare within the United Kingdom. The act defines general duties on employers, employees, contractors, suppliers of goods and substances for use at work, persons in control of work premises, and those who manage and maintain them, and persons in general. The act enables a broad regime of regulation by government ministers through statutory instruments which has, in the years since 1974, generated an extensive system of specific provisions for various industries, disciplines and risks. It established a system of public supervision through the creation of the Health and Safety Commission and Health and Safety Executive, since merged, and bestows extensive enforcement powers, ultimately backed by criminal sanctions extending to unlimited fines and imprisonment for up to two years. Further, the act provides a critical interface with the law of the European Union on workplace health and safety.

Secretary of State for Employment and Productivity Barbara Castle introduced an Employed Persons (Health and Safety) Bill in 1970 but the debate around the bill soon generated a belief that it did not address fundamental issues of workplace safety. In the same year, the Occupational Safety and Health Act was passed into United States federal law. As a result, a committee of inquiry chaired by Lord Robens was established towards the end of Harold Wilson's first government. The Conservative Party then came to power following the 1970 United Kingdom general election, preferring to wait for the Robens Report which was published in 1972. Conservative Secretary of State for Employment William Whitelaw introduced a new bill on 28 January 1974 but Labour were returned to power in the February 1974 United Kingdom general election and the bill was again lost. The new Labour administration finally secured the passage of a bill that year.

The act lays down general principles for the management of health and safety at work, enabling the creation of specific requirements through regulations enacted as statutory instruments or through a code of practice. For example, the Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677), the Management of Health and Safety at Work Regulations 1999, the Personal Protective Equipment at Work Regulations 1992 (SI 1992/2966) and the Health and Safety (First Aid) Regulations 1981 are all statutory instruments that lay down detailed requirements. It was also the intention of the act to rationalise the existing complex and confused system of legislation (section 1(2)). Since the accession of the UK to the European Union (EU) in 1972, much health and safety regulation has needed to comply with the law of the European Union and statutory instruments under the act have been enacted in order to implement EU directives. In particular, the act is the principal means of complying with Directive 89/391/EEC on health and safety at work. Further important changes to section 6, duties in respect of articles and substances used at work, were made by the Consumer Protection Act 1987 in order to implement the Product Liability Directive 85/374/EEC.

Section 3(2) requires that some self employed persons conduct their undertaking in a way which does not expose non employees or themselves to risks to their health and safety, so far as is reasonably practicable. This duty applies only to self employed persons who conduct undertakings of a "prescribed description" (as defined by regulation 2 of The Health and Safety at Work etc. Act 1974 (General Duties of Self Employed Persons) (Prescribed Undertakings) Regulations 2015). The prescribed undertakings are agricultural activity; asbestos; construction; gas; genetically modified organisms; railways; or any other activity which may pose a risk to the health and safety of a person other than the self employed person or their employees.

Section 4 defines a duty of occupiers of premises, for example commercial landlords, managers of serviced office accommodation, and also maintenance contractors, towards people who use those premises for work. Those premises, and the means of entry and exit, must be, as far as reasonably practicable, safe and without risks to health.

The duties only extend to persons in business or acting by way of trade, even though not for profit, and only to matters within their control (s.6(7)). Persons who import into the UK are not relieved of liability for activities such as design and manufacture that took place outside the UK and over which they had control. Finance companies who supply articles or substances by way of hire purchase or credit agreement have no duties under section 6 (s.6(9)).

Section 8 requires that "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."

Section 6(10) was added by the Consumer Protection Act 1987 disapplies duties as to articles and substances used at work where a risk "is shown to be one the occurrence of which could not reasonably be foreseen". This is known as the development risks defence.

Section 10 created two bodies corporate, the Health and Safety Commission and Health and Safety Executive, who performed their respective functions on behalf of the Crown (section 10 and Schedule 2). The bodies had wide powers to further their objectives by all means other than borrowing money (ss.11(6), 13). On 1 April 2008, the two bodies merged, the aggregate taking the name Health and Safety Executive.

The executive consists of a chairman and between 7 and 11 other people, all appointed by the Secretary of State, as of 2008, the Secretary of State for Work and Pensions (Schedule 2). Before the 2008 merger, the executive had to carry out all functions delegated to it, or otherwise directed by, the commission and provide the Secretary of State with information and expert advice (section 11(5)). The executive is responsible for enforcement of the act and regulations made under it though the Secretary of State may transfer some of the duties to local government (section 18).

The Secretary of State has broad powers to make health and safety regulations (section 15). Breach of regulations can lead to criminal prosecution under section 33. Further, the Health and Safety Executive can issue codes of practice (section 16). Though breach of a code of practice is not in itself a criminal offence it may be evidential towards a criminal breach under the Act (section 17)

If an inspector is of the opinion that activities are being carried on, or are likely to be carried on, involving the risk of serious personal injury, he may serve him with a prohibition notice (section 22):(see section 24(3)(b)).

Section 33(1) creates 15 criminal offences including breach of a duty under the Act or a regulation, contravention of a notice, or obstructing an inspector. In England and Wales prosecution under the Act could originally only be brought by an inspector or with the permission of the Director of Public Prosecutions but the Environment Agency was also authorised on 1 April 1996 (section 38). All offences under the Act are either summary offences or offences triable either way so inspectors start prosecutions by laying an information before the magistrates' court. Inspectors can themselves be authorised to exercise rights of audience before the Magistrates even though not legally qualified (section 39). If a person, by some act or omission, causes another person to commit the actus reus of an offence under the Act then they too are guilty of an offence, even if the other person was not prosecuted or could not be prosecuted because they were the Crown (section 36). Where an offence is committed by a body corporate with the consent or connivance, or by the neglect, of a director, manager, secretary or a member acting in a managerial capacity, that individual too is guilty of an offence (section 37). Where a person is convicted under the act, the court can order that he remedy the state of affairs or can order forfeiture of an item in question (section 42).

There is no civil liability for breach of statutory duty in respect of sections 2 to 8 and there is liability for breach of health and safety regulations except to the extent that any regulations provide otherwise (section 47, as amended by the Enterprise and Regulatory Reform Act 2013). However, a breach not actionable in itself may be evidential towards a claim for common law negligence. In particular, a criminal conviction may be given in evidence.

Sections 55 to 60 provide for the continued existence of the Employment Medical Advisory Service in England and Wales. Section 68 is a Henry VIII clause enabling the Secretary of State to amend certain provisions of the Act by Statutory Instrument rather than Act of Parliament. Sections 61 to 76 originally enabled the HSE to create and amend building regulations and gave them other powers over buildings control and approval. These sections were repealed by the Building Act 1984 which replaced them by a general scheme of building regulations.

The act originally applied in England and Wales, Scotland (in part) and Northern Ireland (in part) (section 84). Its provisions were re enacted for Northern Ireland in 1978 with enforcement made the responsibility of the Health and Safety Agency for Northern Ireland. The Agency's name was changed to the Health and Safety Executive for Northern Ireland in 1998. Section 84(3) allowed the Secretary of State to extend, by Order in Council, the provisions outside England, Wales and Scotland. In 1995, the provisions were extended to offshore installations, wells and pipelines in UK territorial waters, mines extending into territorial waters and certain other engineering activities in territorial waters. Activities on a ship under the direction of its master are excluded.