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The Act That Changed Our Working Lives

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The Act That Changed Our Working Lives Feature The Health and Safety at Work Act enters the statute books, as reported by our predecessor publication Safety and Rescue in 1974. The articles you will read in the next The Act that changed pages are diff erent to one another in tone, in the way they scrutinise the current state of occupational health our working lives and safety and in their assessment of the challenges of globalisation. th Readers will fi nd in these articles both A special edition to mark the 40 anniversary a celebration of the accomplishments of the Health and Safety at Work Act 1974. of the past four decades and warnings about the risks of complacency. All the authors agree, however, that the HSWA Iris Cepero changed the way this country looked after its workforce and recognise its In July 1974, this magazine, then authority into heeding the warning infl uence in occupational law and called Safety and Rescue, dedicated safety expert had given for many years”. practice far beyond British borders. The HSWA marked the coming of most of its pages to report the Safety and Rescue was right. On age of occupational health and safety consequences of the explosion that 31 July 1974, the Health and Safety at legislation in the UK. As we join the one month earlier had destroyed Work etc Act received royal assent. celebrations of its 40th anniversary, the Nypro chemical plant in “Work safety: a new era begins”, we repeat words similar to those we Flixborough. “Why did 28 men die?” read one euphoric headline in the published 40 years ago: what we all shouted the front cover, describing September edition. enjoy today is the result of a growing what was then the biggest explosion Four decades later, we can resolutely social conscience, but the challenges in Britain since the end of the war. say that the hopes of the summer of ahead are big and we will fail to The magazine stressed its hope 1974 have not been dashed, a statement appropriately face them unless we are that the Flixborough tragedy was “the backed up by the 19 writers that have prepared to back them with our money ultimate lesson necessary to awaken contributed to this special edition. as well as our minds. July 2014 Safety Management 13 Feature total injured at work has plummeted and manufacturing, but the Health and Rt Hon by 77% from 336,701 to 77,310 over Safety Executive remains as important the same period. as ever in keeping us all safe. HSE is Mike Penning Any death is clearly a death too now bringing more cases to the lower many, but few can dispute that the courts than ever, with higher fines reduction in fatalities and injuries over handed out to convicted offenders the past 40 years is quite remarkable. and more jail terms for unscrupulous Britain is now officially one of the employers who pay scant regard to the safest places in Europe, and the welfare of their staff. world, to work. But health and safety is not about The 1974 Act introduced a new penalising people. It is about focusing modern health and safety system, minds on taking sensible precautions which paved the way for the creation in the workplace and using common of the Health and Safety Commission sense. Too many, sadly, misinterpret and the establishment of the Health and Safety Executive (HSE) as we the guidance. So much so that Minister of state for know it today, which enforces ridiculous edicts are handed down diseable people health and safety law and brings preventing loose flowers being placed MP for Hemel Hempstead irresponsible employers to justice. on graves and banning school sports Inspecting the workplace has a long days because of dew on the grass. 40 years of protecting history. The first factory inspectors Health and safety regulations British workers were appointed under the provisions save lives. What we see in most of of the Factories Act 1833. Initially their the daft excuses churned out is over- In June 1974 a massive explosion main duty was to prevent injury and zealousness or fear of breaching the ripped through the Nypro (UK) overworking in child textile workers. rules set down by insurers, not HSE. Ltd plant at Flixborough, near In 1840 a royal commission was Bogus excuses serve to merely give Scunthorpe. 28 people tragically established to investigate working health and safety a bad name. And lost their lives in the disaster conditions in the mining industry. I’m determined to stamp that out. and 36 others suffered serious It revealed accidents, brutality, lung Britain has come an incredibly injuries when the dangerous gas diseases, long hours and highly long way over the past 40 years cyclohexane escaped from the site. dangerous working conditions were in protecting its workforce. Our It shocked the nation and led to an the norm. It prompted a public outcry workplace safety record is now the act of parliament being passed that and the establishment of the Mines envy of the world, with businesses would do more to protect our daily Inspectorate. Similar bodies came in and governments queuing up to tap lives than any other. to protect agricultural workers in 1956. into our expertise. So, the next time This month marks 40 years since But it wasn’t until the major you feel like cursing a genuine health the HSWA received royal assent. All disaster at Flixborough that minds too often cursed for its misuse, it were really focused and concerted and safety regulation, just think of has nevertheless protected millions action was taken. The 1974 Act what life could be like without it. We of British workers and driven sharp swept away detailed and prescriptive are all fortunate enough to go to work reductions in injuries and deaths at industry regulations and created a safe in the knowledge that our bosses work. In fact, since the act came onto flexible system, supported by codes are legally obliged to take our safety the statute books, fatal injuries at of practice and guidance. seriously. And, as Flixborough’s tragic work have dropped by 85% from 651 40 years on, our economy may have anniversary shows, it is often better to in 1974 to less than 150 today. And the diversified away from heavy industry be safe, rather than sorry. Health and 1802 1833 Factory Act 1802 Factories Act 1833 safety timeline The UK’s first law to protect the welfare Made provisions for the enforcement of people at work. Pauper apprentices of the law by government-appointed Health and safety has a long and were prohibited from night work and inspectors, known as the HM Factory not always noble history. The Health their labour limited to 12 hours a day. Inspectorate, whose main duty was and Safety at Work Act marks protecting children from injury and only the last 40 years in a 200 year overwork. Four inspectors were history. From the first legislation in appointed. It also extended a young 1802, it has been a rocky road to 1831 get to where we are today. Factories Act 1831 person’s maximum 12-hour working Limited working day to 12 hours for day to woollen and linen mills. those under 18. 14 Safety Management July 2014 Feature was estimated at £200m. Something had undermining the successful Rt Hon to change. framework established by the 1974 Robens reported to the Heath Act. After the 2010 election, they Stephen Timms government, but Labour – elected in commissioned first Lord Young to February 1974 – took the legislation review the appropriateness of UK forward. It transformed UK health and health and safety legislation, and safety management. The new model then Ragnar Löfstedt, Professor of was based on the principle of self- risk management at King’s College, regulation. Its flexible, risk-based and London, who provided a compelling proportionate approach has proved assessment. His report said: “I have resilient through four decades. concluded that, in general, there is The Act embodied a partnership no case for radically altering current approach, involving employers, health and safety legislation.” Ministers employees and other stakeholders. responded: “The government supports In 1977, worker representation the recommendations of the review.” was established, with trade unions However, the true ministerial agenda Shadow minister for employment appointing safety representatives. is different. The emphasis Professor MP for East Ham This quickly became an important Löfstedt placed on being guided by feature of the system. evidence in policy-making is at odds with Proud but not satisfied Since the Act, the number of the ideological approach of ministers. In 2014 we have good cause to fatalities at work has fallen by well celebrate the HSWA. It has saved over 75%. The ideas in the Act – many thousands of lives, and risk assessment, imposing duties provided a global template for health on employers, at the same time The current government risks and safety. encouraging consultation with the undermining the successful The Act was the result of diligent workforce – have been enshrined in framework established by work by Lord Alfred Robens, a former European legislation and are used the 1974 Act chair of the National Coal Board. In around the world. The UK is a world May 1970, Barbara Castle, secretary of leader in health and safety. state for employment and productivity, The Act has stood the test of appointed Robens to chair an enquiry time. Its flexible, non-prescriptive Labour has opposed a number of the on workplace health and safety. The approach has allowed adaptation to changes made since the Löfstedt central recommendation of the resulting a radically-changed economic and report.
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