Willie Park

On 1 October it will be 50 years since the Health and Safety at Work etc Act 1974 came into force and it continues to provide a globally-recognised framework for managing health and safety risk – even as that risk evolves with the operation of new technologies and ways of working.

Changes to the way organisations operate stem from their response to challenges they face today, such as the impact of the climate crisis and the associated increased scrutiny of their sustainability, and the extent to which they can harness the potential of artificial intelligence to remain competitive.

The need for safety professionals to be at the table as organisations grapple with those challenges and operational changes has never been greater, but the good news for those professionals – and the businesses they serve – is that regulations and guidance already in place can be adapted to meet these new challenges, with relative ease and without wholesale changes.

The 1974 Act is often regarded as the gold standard of health and safety legislation across the world. The way it has been applied has changed over the last 50 years, but its flexibility has meant that it is possible for it to provide the underpinning of the radical change we are likely to see to our economy in the coming years.

Regulations stemming from the 1974 Act already cover a myriad of situations and are ripe for further adaptation to meet new challenges, whatever the nature of the project. Take, for example, the installation of offshore wind turbines, which must comply with the Construction (Design and Management) Regulations 2015 in the same way as a housing development.

The duties and obligations set out in these regulations and in the underlying legislation are well understood and can be readily applied to emerging and innovative technology, meaning a complete overhaul of health and safety requirements is not necessary. Provided consideration of these duties is front and centre of technological development, the result is that health and safety considerations should not delay the energy transition.

The 1974 Act is clear on the consequences of breaching its obligations, another factor explaining its longevity. Prosecution may occur even if no incident takes place – emphasising the proactive, preventative ethos of the 1974 Act.

The legislative clarity on the consequences of a breach has been matched by specific sentencing guidelines for health and safety offences committed in England and Wales and which are regularly used by Scottish courts as a cross check on their sentencing.

The ability for the courts to impose heavy fines and immediate custodial sentences for those found to be at fault, together with the adverse publicity and potential impact on a business’ operations, goes some way to ensure the health and safety of workers and others remains high on the agenda in boardrooms.

Whilst more remains to be done, for example, fatal accidents in construction remain stubbornly high, and mental health and musculoskeletal disorders continue to ruin lives, the 1974 Act is still relevant, providing the foundation for action on the form of risk assessment and mitigation.

Willie Park is a senior associate at Pinsent Masons