# Health and Safety at Work etc. Act 1974

**Full title:** Health and Safety at Work etc. Act 1974
**Citation:** 1974 c. 37
**Official source:** [legislation.gov.uk/ukpga/1974/37](https://www.legislation.gov.uk/ukpga/1974/37)
**Status:** In force
**Docket reference:** Ch06 Section 6.5

## Purpose

The HSWA 1974 is the primary statute governing occupational health and safety in Great Britain. It established the Health and Safety Commission (HSC) and the Health and Safety Executive (HSE), under which the Nuclear Installations Inspectorate (NII) operated for decades. It provides the enabling framework for many of the regulations applicable to nuclear sites.

## Key Provisions Relevant to the Nuclear Fuel Cycle

### General Duties (Sections 2-9)

- **Section 2:** General duty of employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of employees.
- **Section 3:** Duty to persons other than employees — ensures the public is not exposed to risks from work activities (including nuclear operations).
- **Section 6:** Duties on designers, manufacturers, importers, and suppliers of articles and substances for use at work.

### Enforcement and Regulatory Bodies (Sections 10-28)

- **Section 10-14:** Established HSC and HSE. The Nuclear Installations Inspectorate (NII) was a division of HSE responsible for nuclear safety regulation.
- **Section 15:** Power to make health and safety regulations (the basis for IRR 2017, REPPIR 2019, and other statutory instruments).
- **Section 20:** Powers of inspectors, including entry, investigation, and taking samples.

### Offences and Penalties (Sections 33-42)

- Criminal offences for breach of duties, with penalties including fines and imprisonment.

## Relationship to Nuclear Regulation

Before the Energy Act 2013 established ONR as a standalone body, nuclear safety regulation was administered by HSE through the NII. The HSWA 1974 remains relevant because:

- ONR inspectors retain powers derived from this Act.
- Many regulations applicable to nuclear sites (IRR 2017, REPPIR 2019) are made under Section 15 of this Act.
- The "so far as is reasonably practicable" (SFAIRP) standard from Section 2 underpins the UK approach to nuclear safety — closely related to the ALARP principle.

## Key Amendments Relevant to Nuclear

| Amending Legislation | Year | Effect |
|---------------------|------|--------|
| Legislative Reform (HSC/HSE Merger) Order 2008 | 2008 | Merged HSC into HSE |
| Energy Act 2013 | 2013 | Transferred nuclear regulation functions from HSE to ONR |

## NFC Course Relevance

- The SFAIRP/ALARP principle originates from this Act and applies across all NFC activities.
- Understanding the historical regulatory structure (HSE/NII) is essential for interpreting older safety documentation and licence conditions.
- IRR 2017 and REPPIR 2019, both made under this Act, directly govern radiation protection at NFC facilities.

## Cross-References

- [IRR_2017.md](IRR_2017.md) — Made under HSWA 1974 Section 15
- [REPPIR_2019.md](REPPIR_2019.md) — Made under HSWA 1974 Section 15
- [EA_2013.md](EA_2013.md) — Transferred nuclear functions from HSE to ONR