Fifty years of the Health and Safety at Work Act

July 2024 marked the 50th anniversary of the Health and Safety at Work Act 1974. Health and safety has evolved significantly since the introduction of the Factory Act in 1802, which aimed to protect children working in mills and factories. In light of this milestone, our health and safety investigations team examines the development of health and safety legislation in the UK and explores what the future may hold for principle-led, rather than industry-led, legislation.

Early years: Protection of women and children

The first Factory Act sowed the seed for modern workplace health and safety. The 1802 Act sought to improve conditions within factories, and importantly, introduced the idea of appointed magistrates visiting locations and ensuring the 1802 Act was being complied with. Time limits were imposed on the hours of apprentices, and it was mandated that apprentices be taught reading and writing around their work.

Fast forward 30 years, and the 1833 Factories Act was introduced, widening the 12-hour working day to include more apprentices. It was under this second Act that HM Factory Inspectorate was formed, enforcing regulations passed under the Act. We can think of HM Factory Inspectorate as the grandfather of today’s Health and Safety Executive (HSE). Within a decade, the Coal Mines Act 1842 was introduced, prohibiting women and boys under the age of 10 from working underground in the mining sector (ostensibly to reduce the frequency of accidents occurring). A fourth Factories Act was passed in 1844, and steadily the foundations of health and safety law started to take shape.

The teenage years: Developing a robust framework and identity for health and safety

Fast forward 130 years. Then-Secretary of State for Employment, Barbara Castle, sought to introduce a workers’ health and safety bill. The bill failed to gain support, and successive changes of government meant each iteration of a bill failed. In early 1974, a new bill finally gained traction.

On Saturday 1 June 1974, a massive explosion occurred at Flixborough in Lincolnshire, destroying a large chemical plant but also leaving behind 28 dead and 36 injured. The casualties would have been far worse had it not been on a weekend. Whilst the casualties were far fewer than that of the Summerland leisure centre fire 10 months prior, commentators noted that “[with] the Flixborough case, there is a real chance that the death toll could trigger meaningful changes in a neglected aspect of industrial safety.”[i] Within two months of the Flixborough disaster, the long-awaited Health and Safety at Work Etc Act 1974 received Royal Assent.

Described by John Locke, HSE Director General, as a “a bold and far-reaching piece of legislation”, the Act was a definitive shift away from piecemeal regulation into a new system-led approach, adopting broader regulations supported by guidance and codes of practice. The Act immediately extended protection to a further eight million UK workers, including employees working in local government, hospitals, education and other services, who had otherwise been subject to distinct, or no, occupational health and safety regimes.

The above extract was included in SHP Online's eBook Fifty years of the Health and Safety at Work Act. To read the full article, download the e-book here: Fifty years of the Health and Safety at Work Act | SHP