CDM/Specific/TBT-CDM-012

HSWA 1974 Awareness

CDM & Legal Framework › Specific › HSWA 1974 Awareness

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The Health and Safety at Work etc. Act 1974 is the primary legislation governing workplace safety in the UK.
It places general duties on employers, employees, the self-employed, and those controlling premises.
Section 2 requires employers to ensure, so far as reasonably practicable, the health and safety of employees.
Section 3 extends the duty to protect non-employees affected by the work, including the public.
Section 7 places a duty on every employee to take reasonable care of themselves and others.
Section 8 makes it an offence for any person to intentionally or recklessly interfere with safety provisions.
The Act enables HSE to prosecute employers and individuals for breaches leading to serious harm.
Penalties include unlimited fines for organisations and imprisonment for individuals in serious cases.
The Act provides the framework for all subsequent safety regulations including CDM, COSHH, and PUWER.
Every person on a construction site has duties under HSWA 1974, not just the employer or site manager.

Foundation of safety law	HSWA 1974 underpins every safety regulation in UK construction. Understanding it is fundamental to legal compliance.
Personal duty	Section 7 makes every worker personally responsible for safety. Ignorance of the Act is no defence in court.
Serious penalties	Breaches of HSWA 1974 carry unlimited fines and up to two years imprisonment for individuals who cause harm.

Don't

DON'T ignore your personal duty to take reasonable care of yourself and others.
DON'T interfere with or misuse safety equipment provided for your protection.
DON'T take shortcuts that put yourself or other workers at risk of harm.
DON'T assume health and safety is only the employer's or manager's responsibility.
DON'T refuse to cooperate with reasonable safety instructions from your employer.
DON'T carry out tasks you are not trained or competent to perform safely.
DON'T ignore safety signs, barriers, or warnings put in place to protect you.
DON'T assume ignorance of the law protects you from prosecution.
DON'T pressure colleagues to take unsafe shortcuts to save time.
DON'T fail to report hazards; the Act requires you to cooperate on safety.

See also: CDM 2015 Awareness | Worker Duties Under CDM

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