Health and Safety turns 40: Happy Birthday to the UK's least popular legislation?

In 2009, Rita Donaghy (the then secretary of state for Work and Pensions) reported on safety in the construction industry in “One Death is Too Many: Inquiry into the Underlying Causes of Construction Fatalities” raising concerns about what she felt were unacceptable continuing fatality rates in the industry. Since then, we have seen the HSE focus on the industry with renewed vigour with targeted campaigns and the introduction of a scheme to fine businesses for failings without the need to go to Court (Fees for Intervention).

The industry may still be responsible for over a third of fatalities in the UK workplace but the number of construction related deaths has reduced significantly in the last forty years, from 166 in 1974 to 39 in 2012/2013. In 2012, construction safety made history with the London Olympics concluding without any construction-related fatalities – the first time in the event’s history – and this was closely followed by a similar success for Scotland in the 2014 Commonwealth Games.

As well as a focus on “safety”, the construction industry knows better than many the challenges of occupational ill health. The effect of historic exposures to asbestos and cancer-causing substances are only beginning to have a real effect now and HSE campaigns in the future around occupational health will continue to have real resonance for UK construction business. That will be something hat we continue to deal with over the next 40 years.

So, has the legislation been a success? It’s no coincidence that the UK as a whole is now rated the third safest country in Europe to work in (behind Slokavia and The Netherlands). That said, going forward, the construction industry may feel it faces greater challenges than some:

• Where many credit the longevity of the Health and Safety at Work etc. Act 1974 in its current form to its simplicity, secondary legislation aimed at safety in construction including the Construction (Design and Management) Regulations 2007, often highly criticised for its complexity and impractical approach, is once again under review and subject to reform in 2015.
 
• The industry continues to face economic challenges which have a significant impact on the ability to resource (and retain) skilled workers.

• Additionally, those working in construction may be faced with a global dimension and the need to consider the implications of sending UK workers to countries with less developed safety laws.

These challenges aside, the legislation is a healthy looking 40-year old – with enough breath left to blow out the candles on the cake. It has performed well for many years, saving hundreds of lives and millions of pounds, which is something to celebrate at least for one day. Then, tomorrow, it can go back to being the most derided legislation in the tabloid press.