Introduction
Health and safety at work in the UK has a long tradition dating back over 200 years, though it must also be acknowledged that this history is somewhat chequered, with plenty of failures as well as many successes. In this section we will look at the development of health and safety over its history in the UK, as a clear understanding of why and how the current system of legislation has developed will ensure success with the rest of the module.
Given the length of time that is covered this may seem a rather long section, and yet in reality it just scratches the surface.
By the end of the session you will be able to evaluate
- The history of Occupational Safety and Health legislation in the UK
© Aidan Henderson
History of Occupational Safety and Health
As will be seen, occupational health and safety in the UK has a long and complex history, and this section can only provide a very brief introduction that barely scratches the surface.
A more in depth history can be found on the excellent History of Occupational Safety and Health website, which can be found here:
In addition, a comprehensive list of legislation is provided as a separate section within the module. Interestingly most of the extremely old legislation discussed here still remains in force, though for day – to – day use most things are covered under the Health and Safety at Work etc. Act and other significant pieces of legislation, usually referred to as the six pack – the six most used pieces of legislation.
1802, 1819, 1825, 1831
Factory Act 1802
The Factory Act was the first UK act of Parliament intended to protect people at work, specifically aimed at young people and their employment in the factories that had sprung up due to the industrial revolution. It passed surprisingly easily – largely because revelations regarding the appalling treatment of children in mills had led to something of an uproar. The actual provisions of the act are extremely basic and show how far Occupational Safety and Health (OSH) has come on in what is little more than 3 or 4 lifetimes.
The full text of the act can be found at Education England website but to be honest, it’s not worth it!
1819, 1825, 1831
Further legislation was introduced in these years, primarily to toughen up the 1802 act, as the sad fact was, it was basically ignored. The 1831 act did also introduce a maximum shift of 12 hours for young people working in cotton mills.
1833
Factories act 1833
This resulted from pressure by the Ten Hours Movement, and whilst it did not reduce the 12-hour day, it did help prevent any further evasion by bringing in government inspectors.
HM Factory inspectorate formed
4 inspectors were employed under the 1833 act with responsibility for 3000 mills. Their main role was to protect child textile workers, and they had power of entry and interrogation. They could also bring in new laws and regulations. They faced significant resistance but were successful in their role. In many ways the Factory Inspectorate is the direct ancestor of the modern Health and Safety Executive.
A Child Labourer in an American Cotton Mill 1908. The photographer had this to say of the image: "A little spinner in the Mollohan Mills, Newberry, S.C. She was tending her 'sides' like a veteran, but after I took the photo, the overseer came up and said in an apologetic tone that was pathetic, 'She just happened in.' Then a moment later he repeated the information. The mills appear to be full of youngsters that 'just happened in,' or 'are helping sister.' Dec. 3, 08. Witness Sara R. Hine. Location: Newberry, South Carolina"
1837, 1840s, 1850s
Priestley v. Fowler (1837) established for the first time that an employer owed an employee a duty of care that was actionable under common law if a breach of this duty resulted in injury. Ultimately this precedent leads to the no-win no-fee accident at work companies of present times.
1840s
A royal commission had established truly brutal conditions existing in the coal mines that powered the industrial revolution. These findings led directly to the Mines and Collieries Act of 1842, which banned women and children from working underground – a truly radical act. It also led to the appointment of an inspector of mines and collieries in 1843, and eased the passage of the Factories Act 1844, which legislated for the use of guards on machines and other safety related regulations. Whilst the act banned women working underground, it did not prevent them from working on the surface and the last 2 “Pit Brow Women” were made redundant in 1972 (Pidd 2018).
Further legislation, implemented in this decade, introduced a variety of measures intended to improve the health, safety and wellbeing of workers, particularly of woman and children. This included the introduction of maximum working hours (63 hours a week for women and children aged 13 – 18), holidays, and mealtimes.
1850s
An act was introduced that allowed the Home Secretary to award any part of a fine to any person inured by the breach. Although this was a significant act it was rarely used and was abolished in 1859. More significant was that inspectors now began to enter mines and a dedicated mining inspectorate began to form.
Surprisingly though, some of the 1840s legislation was actually relaxed under pressure from factory owners. One major change was that a fixed working day was introduced, stopping the employers from defining their own working days.
1860s, 70s and 80s
A variety of legislation was introduced, that largely extended the provisions already in existence to other industries – for example some of the mills legislation was extended to potteries. Other industry specific legislation such as the Explosives Act 1875 was introduced to regulate certain industries.
Two other significant pieces of legislation were introduced in the 1870s – the Threshing Machines Act was the first attempt to improve safety in agriculture (still one of the most dangerous professions), and the other was the Factory and Workshop Act of 1878. Whilst this did bring in some new legislation, its main purpose was to consolidate the previous acts.
The Employers' Liability Act that came into force in 1880 meant that workers now enjoyed protection when accidents had been caused by those in a position of authority – such as foremen, or drivers on the railway. They were not protected from accidents caused by fellow workers, however.
An early threshing machine: Pixabay
1890s
Acts were introduced that made guards more stringent and made it illegal to employ woman straight after giving birth. The minimum age was increased by 10% - to 11 years old!
In addition, women factory inspectors were appointed for the first time – a mere 60 years after the Factory Inspectorate was formed. In 1895 the Quarry Inspectorate was formed, following the extension of various regulations to include quarries.
Some further legislation was introduced to protect agricultural workers, though they remained woefully under protected in law. Finally, in 1897 an act was introduced that brought in a scale of payments to employees in certain industries who had been injured at work.
1900-1920
Safety at work continued to improve, though there were noticeable exceptions to this, such as the Universal Colliery disasters of 1901 and 1913 which killed 81 and 439 people respectively – the 1913 incident remains the worst in British Mining history, and the 6th worst globally (Mining Technology 2014). These improvements were generally due to improving technology and better enforcement of previous legislation; little new legislation was introduced. Some legislation was introduced that sought to rationalise the previous piecemeal legislation under single umbrellas, such as the Coal Mines Act (1911).
Crowds awaiting news after the Universal Colliery disaster in 1913 – Britain’s most deadly mine accident: Wikimedia/Public domain
Pressure began to build regarding transport, with calls to license all drivers. More information can be found on the Royal Society for the Prevention of Accidents (RoSPA) website.
In 1918 a conference examined accident data for 1913, which showed almost 4000 death and half a million disablement claims had been made, which was an increase of 25%. This led to the establishment of the British Industrial Safety First Association (BISFA), which looked to tackle workplace safety at a national level. BISFA became RoSPA in 1941.
For the first time in this decade cinema was used to make safety films, with safety education for drivers and children being the priority.
1920s, 1930s and 40s
Various safety initiatives took place across the country, such as Britain’s first ever Safety Week. Whilst various pieces of legislation were introduced in the 1920s – such as the Explosives Act of 1923 – most developments were around civilian and voluntary developments, for example the formation of the nation Safety First Association. Shockingly, the insurance industry refused to support this association, basically on the grounds it would lead to lower insurance premiums.
In 1927 a piece of legislation relating to abrasive wheels was introduced for the first time. Many of the provisions of this act are still in force – albeit under a different heading – and it is widely believed to be one of the most ignored pieces of safety legislation in the UK!
1930s and 40s
A variety of reports were compiled in the 1930s, and some further legislation was introduced. The most significant being the Factories Act of 1937. This act was truly comprehensive, and for the first time applied to all factories, whether textile based or not and irrespective of the use of mechanical power. This trend continued throughout the 1940s.
1950s
The 1950s saw significant developments, the first being the introduction of various pieces of legislation relating to agriculture, the other and perhaps more important relating to this module was the Nuclear Installations Act 1959. This stemmed from the Windscale fire of 1957, which was Britain’s worst ever nuclear accident. This will be discussed in more detail in later sessions.
One final piece of legislation that should be noted from the 1950s is the Mines and Quarries Act of 1954. This imposed the most extensive safety regime of any industry and was in many ways the zenith of the prescriptive system that was employed in the UK prior to the introduction of the Health and Safety at Work Act (HSWA).
The full text of the act can be found here:
If you have time, it is quite an interesting read.
Windscale reactor, showing the piles that were the site of the fire: Wikimedia/CC BY-SA 2.0
1960s
The 1960s was an important decade in the development of workplace health and safety. The first significant event occurred in 1960 itself, with the introduction of the Offices Act. Significant work, as described above, had introduced many statutory protections for workers in heavy industry, but protection for shopworkers was limited to their hours, and the opening hours of shops themselves, and offices workers had no protection whatsoever. This led to the introduction of the Offices Act, which was quickly superseded in 1963 by the Offices, Shops and Railway Premises Act 1963, which extended statutory protection to the largest group that remained unprotected.
A typical 1960s shop front. Not just the legislation that has changed!
Tyne & Wear Archives & Museums - Wikimedia
The volume of legislation introduced in the 1960s is huge, and a discussion of each act is not needed here – there is a list of all legislation included elsewhere within the module.
The significant legislation that came into play – other than that already mentioned – dealt with regulations governing dangerous processes and plant, a variety of legislation that related to construction (though some of it has been revoked since then). Other significant legislation, that is often not considered as fully as it should be, is the legislation that came in requiring employers to carry insurance for their employees and defining their responsibility around defective equipment.
1970s
The 1970s can in some ways be considered the most important decade in the modern health and safety regime, given that it saw the introduction of the Health and Safety at Work Act (HSWA). The early part of the decade also saw the introduction of other legislation relating to fire precautions and medical arrangements, and the publication of the Robens Report which in many ways led to the HSWA.
The Health and Safety at Work Act is probably the most significant piece of health and safety legislation in the UK. At the time, it was described by the first Director General of the Health and Safety Executive (HSE), John Locke, as “…a bold and far-reaching piece of legislation”. It was a significant departure from what had passed before in that it moved away from proscriptive, detailed regulation and introduced a more holistic style of governance.
For the first time, employers and employees were consulted and encouraged to engage in the designing of the new system, which moved away from being a series of rules, towards goal-based regulations. The act also established the Health and Safety Commission (HSC) for the purpose of proposing new regulations, providing advice and carrying out research.
The HSE was set up shortly afterwards with the remit to enforce health and safety law as the operating arm of the HSC. The HSE was responsible for everything except those workplaces regulated by the local authority, for example, schools.
Another significant event that occurred in 1974 was the Flixborough plant explosion, which killed 28 people and was the final event not to be investigated under the auspices of the HSWA.
More information on the Fixborough disaster can be found here:
1975 saw the introduction of various advisory committees, including the Advisory Committee of Dangerous Substances, the Medical Advisory Committee, the Safety in Mines Research Advisory Board and a host of others. Advisory committees still exist and a list of contemporary societies can be found on the Health and Safety Executive website.
Later in the decade, legislation was passed that allowed recognised trade unions to appoint safety representatives, strangely with the exception of coal mines. Mines were nationalised at the time, but this still seems an odd exemption, however we will leave it for the conspiracy theorists to puzzle over! Their powers were surprisingly broad, including the right to investigate hazards and dangerous occurrences and report them directly without going via the employer. Furthermore, they were entitled to paid time off work to undertake their duties.
The final significant event was the setting up of the National Examination Board in Occupational Safety and Health (NEBOSH). This board continues to set examinations for OSH professionals.
1980s
The 1980s saw the development of a variety of legislation across the spectrum of health and safety, often dealing with the requirement to report accidents and incidents; a requirement that is now dealt with under Reporting of Injuries, Diseases and Dangerous Occurrences Regulation 1995 (RIDDOR). There was also a variety of specific legislation such as the Control of Lead at Work Regulations. 1983 also saw the 150th anniversary of HM Factory Inspectorate – the original forerunner of the HSE.
Other significant events that occurred in the 1980s saw the HSE assuming responsibility for a variety of new areas that had previously been the remit of other agencies. These included taking on responsibility for genetically manipulated organisms, asbestos, domestic gas and a variety of others.
However, the 1980s can be best remembered for a series of terrible accidents that led to significant changes in the workplace and how health and safety was enacted in the UK. They are mentioned here, but we will examine some of them in more detail later. These events were:
On 23rd May 1984, an explosion occurred at an underground valve house killing 16 people and injuring a further 28. The majority of the people involved where members of the public, on a tour intended to demonstrate that the water transfer scheme did not present a threat. The explosion occurred due to a build-up of methane – a problem more common in mines, known as firedamp. This led to the HSE contacting other water authorities and alerting them to the potential risk of firedamp which had not been considered in this context previously.
8 People were killed when gas exploded in a block of flats in Putney, south London. After extensive investigation it was found that gas had leaked in from a cracked cast iron pipe, which had been caused by uneven loading on the pipe. In turn the uneven loading was caused by differential settling. There were several recommendations from this, not least speeding up replacement of cast iron gas mains. As of 2001 however, about 91000km of cast iron pipe remained within 30m of buildings. More information can be found on the Helath & Safety Exectuive website.
Over 300 people were injured at a fire at Bradford City football club on 11th May 1985, 56 of them fatally. Forensic tests concluded that the fire was probably started by a dropped match or a cigarette stubbed out in a polystyrene cup that then ignited the rubbish under the stands. The old wooden stands that had been in place for decades at the ground contributed to the ferocity of the fire. The disaster prompted a review of the UK’s sports grounds, and thankfully there have been no major fires at stadia since – though there has been tragedy.
On 18th November 1987, a massive fire occurred in Kings Cross underground station, again caused by a dropped match igniting rubbish. The fire led to the death of 31 people, and the subsequent inquiry outlined 157 separate safety recommendations.
On 6th July 1988 a series of catastrophic explosions tore through the Piper Alpha offshore oil platform, leading to a major and sustained fire when a gas riser ruptured. Most safety systems failed to operate, and the severity of the fire and smoke made rescue by either helicopter or boat impossible. 167 people in total died. The subsequent inquiry by Lord Cullen made a series of recommendations and appointed the HSE as the single regulatory body in the offshore oil and gas industry, removing confusion and clarifying the process.
35 people were killed on 12th December 1988 when a total of 3 trains collided at Clapham junction – two commuter trains and an empty train. 93 recommendations were made, including a limit on the hours that signalmen could work and the introduction of an automatic protection system.
Perhaps the best known of the series of disasters that befell the UK in the 80s is the shocking events of 15th April 1989 when 96 people were killed and a further 170 injured at Hillsborough football stadium during an FA cup semi-final. The subsequent enquiry lead to series of safety improvements, but perhaps the most shocking aspect of the disaster is the cover up that was perpetrated by the authorities at the time and for an ongoing period, meaning that an independent panel did not publish its report until 2012 and legal action was still going on in 2019 – 30 years after the event.
A copy of the 2012 report can be found on the Web Archive site:
As can be seen, a significant number of deaths in the 1980s were caused by fire, often started due to poor housekeeping. No matter how complex the system, or how effective the safety plan, poor working practices can, and will, lead to disaster.
1990s
The 1990s was a time of significant review and updating of health and safety legislation in the UK. As had happened, prior to the introduction of the HSWA in 1974, regulation was becoming bloated, confusing, and was contradictory in certain places.
This led to the introduction of the six pack – a major piece of legislation (the Management of Health and Safety at Work Regulations) and six daughter pieces of legislation. We will discuss the six pack in more detail later.
The 1990s also saw the HSE take on a significant number of new responsibilities, briefly these were:
Rail safety – following criticism that the Department of Transport’s railway inspectorate was not effective the HSE took over responsibility. This meant that the HSE was in charge during the period from 1993 to 1996 when the rail industry in the UK was privatised. Responsibility for railways passed from the HSE to the Office of Rail Regulation in 2006. A discussion of the HSE’s role in railways can be found in Bill Callaghan’s document A Farewell to Trains.
HSE starts to carry out nuclear safety research. This passed from the Department of Energy to the HSC in 1990. This brought about a more industry led approach, and particularly looked at nuclear plant ageing, human factors and future reactor design. Their work is ongoing as of 2020.
Following Piper Alpha, the HSE took responsibility for offshore safety, with the establishment of the Offshore Division. This is significant in the context of this course, as one of the main requirements of the new regime was the introduction of a safety case system whereby each installation was required to demonstrate hazards are controlled and a safety management system is in place. Safety cases must be submitted to and signed off by the HSE before a company is allowed to operate.
The Health and Safety laboratory became an agency of the HSE. The HSL was originally set up in 1911 to investigate explosions in coal mines. It joined the HSE in 1995.
The 90s saw some anniversaries, such as the 150th anniversary of the Mines Inspectorate. It should also be remembered that, whilst the closure of Kellingley colliery in 2015 brought to an end deep mining of coal in Britain, there are over 2000 active mines and quarries in the UK as of January 2020, extracting a variety of minerals and other materials. In addition, the Quarry inspectorate celebrated 100 years this decade, and the Nuclear Installation Inspectorate turned 40.
Kellingley Colliery, Britains last deep coal mine
The 90s also saw a significant realisation regarding occupational safety and health, in that use of the road was now the biggest danger that people faced in their work, and that between 25 and 35% of all accidents on the road involved people who were at work. This led to major campaigns by RoSPA to improve road safety.
The good news was that the 90s only saw two major accidents, namely the Southall rail accident in 1997, which saw the deaths of 7 people and injury to a further 139, and the Ladbroke Grove train crash which killed 31. This was an excellent improvement over previous decades, though there was still plenty to do.
2000s
Despite the review and simplification carried out in the 90s, the 2000s was a further period of campaigning to improve the image of occupational safety and health in the UK. Widely reported events – often spurious in nature, or brought about due to a misapplication of legislation – had led to a poor image, with “elfin safety” (Wiktionary 2019) being blamed for all sorts of perceived issues in the workplace. An excellent example of this can be found in this article from the Daily Mail: Health and Safety Probe into Auctioneer’s Booming Voice.
This lead to the publication of the Revitalising Health and Safety Strategy statement. This was an opportune time to do so, as it was launched at a time when the proportion of people being injured at work had remained unchanged since the early 90s. The aim was to help people better protect themselves and to move towards an improved quality of life in the workplace.
The Securing Health Together occupational health strategy for Great Britain was also launched with the aim of reducing the high levels – and high costs – of occupational ill health. The strategy had several targets: reduce work related ill health; help people return to work; improve opportunities for those not at work due to illness or disability; and to use the work environment to help improve or at least maintain good health. The estimated value of hitting the targets was between £6.6Bn and £21.8Bn by 2010.
Unfortunately, the decade also saw tragedy, with the deaths of 21 cockle pickers in Morecambe bay.
Whilst this particular incident was largely caused by callous disregard for human life, it also lead to the HSE’s production of practical guidelines for safe working in tidal areas and estuaries.
The ICL Plastic factory in Glasgow also exploded, leading to various recommendations for both the HSE and local authorities regarding the hazards associated with Liquified Petroleum Gas (LPG).
Perhaps the best remembered event though was the enormous explosion and fire at the Buncefield oil storage depot. Luckily no-one was killed in this event, but more than 50 were injured and, had the explosion occurred at a different time, the numbers would be very different. Five companies were prosecuted by the HSE as a direct result of the fire.
The Buncefield fire as viewed from the M1 motorway
The 2000s saw the HSE relinquish some of its responsibilities, with railways being passed over to the Office of the Rail Regulator. It also saw the introduction of Workplace Health Connect, a free service aimed at Small and Medium sized Enterprises (SMEs) that offered advice on health, safety and return to work. The pilot ended in 2008. The HSE gained other responsibilities however, taking on the Adventure Activities Licensing Authority, the Office for Nuclear Security, and the UK Safeguards Office. It also took over the Pesticides Safety Directorate from the Department for Environment, Food and Rural Affairs (DEFRA).
2007 was possible the most significant year however, with Royal Assent being granted to The Corporate Manslaughter and Corporate Homicide Act. For the first time this mean that companies, as well as individuals, could be found guilty of offences as a result of gross breaches of duty of care brought about by management failures. Another significant act was the Health and Safety offences act 2008 which introduced both higher fines and longer sentences. It also allowed certain offences to be tried in higher courts than had been possible previously.
2010s
The last decade has been a time of significant upheaval both in the UK and worldwide, with wide sweeping and ongoing changes in society, legislation and the UK’s place in the world.
From the point of view of OSH in the UK, the major events began in 2010, with the launch of the Health and Safety Pledge Forum. This was a voluntary arrangement that allowed for organisations to show their commitment by signing up. Part of the intention was for these organisations to share ideas and to work together as well as with the HSE. The forum gives a space for signers to not just share ideas but also ask questions on a wide variety of topics.
HSE also updated the way it warns industry about problems, with the introduction of new safety alerts. There are now three types of bulletin:
- Alerts: These are immediate and vital
- Notice: Not immediate, but must be dealt with by a given timescale
- Other information: This needs to be shared but does not necessarily need action.
The method of dissemination was also updated, and bulletins can now be received by email, text or RSS. They are also available on the HSE website.
2010 also saw the publication of ‘Common Sense – Common Safety’. It produced a series of recommendations for improving the way in which OSH is applied, whilst also reviewing what is becoming an increasingly litigious society. The full report is found on the HSE website: Common Sense Common Safety (Young 2010). A further report ‘Reclaiming Health and Safety for all: An independent review of health and safety legislation’ was published the following year (Lőfstedt 2011).
The Office for Nuclear Regulation was also established to consolidate the various functions of nuclear agencies such as the Office for Civil Nuclear Security, the Department of Transport’s Radioactive Materials Transport division and a variety of others.
One surprising change in the 2010s was the HSE’s introduction of a cost recovery scheme (Fee for Intervention). The existence of a scheme per se is not surprising – but the fact that it was not introduced until 2012 is!
Other than these events, the 2010s primarily saw the introduction of a variety of pieces of legislation listed in a separate document. The new decade will of course bring new challenges, but also new opportunities, as the UK seeks to not just maintain its global position, but indeed improve things, permanently striving to become not just the safest place to work in the world, but a place where work never leads to detrimental effects on the individual or society as a whole.
Summary
Health and safety in the UK has developed over the course of the last 200 years to become some of the most comprehensive in the world, making the UK one of the safest places to work.
A clear understanding of the development of this legislative and regulatory framework is necessary helps ensure understanding of other sections of the module.
References
Blackwater Law (2015) Incidents of Accidents at Work Compared to Other EU Countries. Available from: https://blackwaterlaw.co.uk/incidents-of-accidents-at-work-in-the-uk-compared-to-other-eu-countries/ [4th December 2019]
Burton, L., (2015) COSSH – A Guide to Employers’ and Employees’ Responsibilities [online]. Available from https://www.highspeedtraining.co.uk/hub/coshh-employers-employees-responsibilities-guide/ [20th January 2020]
HSE (2019) COSHH Basics [online]. Avaible from: https://www.hse.gov.uk/coshh/basics/index.htm [20th Januray 2020]
HSE (2019) Our Role as a Regulator [online]. Available from: https://www.hse.gov.uk/enforce/our-role-as-regulator.htm [14th January 2020]
HSE (n.d.) The History of HSE [online]. Available from https://www.hse.gov.uk/aboutus/timeline/index.htm [7th February 2020]
Lőfstedt, Prof. R. (2010) Reclaiming Health and Safety for all. London: The Stationery Office.
Mining Technology (2014) The World’s Worst Coal Mining Disasters [online]. Available from: https://www.mining-technology.com/features/feature-world-worst-coal-mining-disasters-china/ [16th December 2019]
Pidd, H. (2018) ‘Why “pit brow lasses” Were Coal Mining’s Unsung Heroes, The Observer. 14th October 2018, p. 42
Salkeld, L. (2006) ‘Health and Safety Probe into Auctioneer’s Booming Voice’, The Daily Mail. 29th June 2006, p. 18
Wiktionary (2019) Definition of Elfin Safety [online]. Available from https://en.wiktionary.org/wiki/elfin_safety [14th January 2020]
Worksmart (2020) What are the Main Health and Safety Regulations? [online]. Available from https://worksmart.org.uk/health-advice/health-and-safety/employer-duties/what-are-main-health-and-safety-regulations [17th January 2020]
Young, Lord D. (2010) Common Sense – Common Safety. London: The Stationery Office.