Health and safety law
[ch 4: page 21]The Health and Safety at Work etc Act 1974 (HSWA) is the main piece of legislation covering occupational health and safety, including mental health. Section 2, HSWA places a general duty on all employers “to ensure, so far as is reasonably practicable, the health, safety and welfare at work” of all their employees. Workers also owe a general duty, under section 7, HSWA, to take reasonable care of their own health and safety and that of other people who might be affected by their actions (or inaction).
Health and safety law is enforced by the regulator, not by individual workers or their unions. In most cases this is either the Health and Safety Executive (HSE) or local authorities, depending on the sector. In the context of mental ill-health at work, the HSE has prioritised an approach based on guidance and support, as opposed to legal enforcement, through the use of its “Management Standards” model. This is built around six key areas of work design — demands, control, support, relationships, control and change — that if not properly managed, says the HSE, are associated with poor health and low productivity. There is more information on pages 25 and 29.