LRD guides and handbook November 2023

Health and Safety Law 2023

Chapter 1

Where does the HSWA apply?

[page 5]

The HSWA is the primary piece of legislation covering occupational health and safety in Great Britain. It extends beyond the mainland of Great Britain to specified offshore areas and work activities. In Northern Ireland, the Health and Safety at Work (Northern Ireland) Order 1978 is the primary piece of legislation covering work-related health and safety.

The case of Mr Callow, a member of the Public and Commercial Services Union (PCS), indicates the geographical reach of the HSWA. In November 2018 he was awarded compensation in an out-of-court settlement for an injury sustained while working abroad. He fractured his wrist while working at the British Embassy in Washington DC. In the PCS-backed case, Thompsons solicitors successfully argued on his behalf that the harm he suffered was more closely connected to England than the US state. This meant he could pursue a compensation claim for his injury under English law and secure a higher level of compensation. The Ministry of Defence and Foreign and Commonwealth Office had argued English law was not applicable.