Health and Safety Law

The Health and Safety at Work etc Act 1974 (HSWA) is the main law covering occupational health and safety. Under the Act, employers have a duty to protect mental health in the same way as they must protect the physical health of their employees.

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 HSE or local authorities, depending on the sector. In 2019 the HSE clarified its criteria for investigating cases of work-related stress (see pages 26-27).