Health and Safety at Work

The Health and Safety at Work etc. Act (HASWA) is a most important piece of legislation.

Within the Act itself, there are two phrases which reoccur with monotonous regularity:

‘It shall be the duty’: This means that it is the duty of every employer and employee to

fulfil every aspect of the HASWA without excuse.

‘So far as is reasonably practicable’: Many saw this as a get-out clause.

It isn’t -rather the reverse in fact. If it is reasonable and practicable then it must be done.

The onus is on the employer to prove that something in the interests of health and safety

 is not reasonable or practicable. Whilst in the normal course of British justice one is judged

to be innocent until proved guilty, under HASWA you are guilty until you prove your innocence!