The history of HSE

The first factory inspectors were appointed under the provisions of the Factories Act 1833. Initially their main duty was to prevent injury and overworking in child textile workers. The four inspectors were responsible for approximately 3,000 textile mills and had powers to enter mills and question workers. They were also able to formulate new regulations and laws to ensure the Factories Act could be suitably enforced. Despite serious opposition from contemporary politicians and employers, the factory inspectors were enthusiastic and were able to influence subsequent legislation relating to machinery guarding and accident reporting. By 1868 there were 35 inspectors and sub-inspectors, each responsible for a distinct geographical area. Changes to legislation during the period 1860 to 1871 extended the Factories Act to practically all workplaces and the inspectors took on the role of technical advisers in addition to their enforcement duties. Major technological developments, world wars and the changing nature of employment have provided a constant challenge to factory inspectors over subsequent years.

In 1840 a Royal Commission was established to investigate working conditions in the mining industry. The Commission's findings published in 1842 made shocking reading. Accidents, brutality, lung diseases, long hours and highly dangerous and adverse working conditions were found to be the norm. Public outcry resulted and the Mines Act 1842 was brought into force.

The Act allowed for the appointment of an inspector of mines and collieries and the first inspector, Hugh Seymour Tremenheere took up his post in 1843. Tremenheere had only limited powers under the Act but undertook many prosecutions, investigated the condition of the mining community and made recommendations for training managers, reporting of fatal and serious accidents and provision of pithead baths and suitable habitation for mine workers. In 1850 inspectors were allowed to enter and inspect mine premises and Tremenheere's plans for a dedicated mining inspectorate began to be realised.

The Factory Inspectorate was formed in 1833 and for the first 60 years it employed only male inspectors. Alexander Redgrave, the Chief Inspector of Factories was opposed to the idea of women inspectors, saying in his 1879 annual report:

"I doubt very much whether the office of factory inspector is one suitable for women... The general and multifarious duties of an inspector of factories would really be incompatible with the gentle and home-loving character of a woman..."

After several years of campaigning by the Women's Protective and Provident League, the London Women's Trades Council and others and amid growing support in Parliament, the first "Lady Inspectors", May Abraham and Mary Paterson were appointed in 1893. They were based in London and Glasgow respectively and earned an annual salary of £200. Much of their early work involved enforcing the Truck Acts, investigating women's hours of employment and enforcing health and safety in laundries.

This Act introduced comprehensive health protection and safeguards for agricultural workers and for children who may come into contact with agricultural machinery, equipment or vehicles. It prohibited the lifting of excessive weights, outlined the general provisions that must be made for sanitary conveniences and washing facilities and stipulated requirements for first aid provision. The Act also laid down requirements for the notification and investigation of accidents and diseases. It was instrumental in appointing a number of inspectors with the powers to enter agricultural premises and enforce the Act.

The investigation into a major incident at the Windscale nuclear site on 8 October 1957 lead to a recommendation from the United Kingdom Atomic Energy Authority (UKAEA) that a body should be set up with responsibility for licensing future civil reactors in the UK. The insurance industry added pressure to the debate and in 1959 the Nuclear Installations Act was passed, setting in train the formation of the Inspectorate of Nuclear Installations within the Ministry of Power. Today's Nuclear Installations Inspectorate (NII) is responsible for the UK safety regulation of nuclear power stations, nuclear chemical plants, defence nuclear facilities, nuclear safety research, decommissioning and strategy. Since 2 April 2007 NII has also been responsible for civil nuclear operational security and safeguards matters.

On Saturday 1 June 1974 a massive explosion destroyed a large part of the Nypro (UK) Ltd plant at Flixborough, near Scunthorpe. Twenty eight people were killed in the incident and 36 people suffered injuries. More casualties could have been expected if the incident had occurred on a week day. Widespread damage was caused to surrounding commercial premises and residential housing. The explosion resulted from the ignition and deflagration of a huge vapour cloud which formed when cyclohexane under pressure escaped from a part of the plant used in the production of cyclohexanone and cyclohexanol. Her Majesty's Factory Inspectorate investigated the incident (this was before the Health and Safety Executive was formed) and produced an interim report. Following on from this, a formal investigation into the circumstances surrounding the explosion was undertaken by a Court of Inquiry chaired by Roger J. Parker QC.

The Health and Safety at Work etc Act 1974 was described as "a bold and far-reaching piece of legislation" by HSE's first Director General, John Locke. It certainly marked a departure from the framework of prescribed and detailed regulations which was in place at the time. The Act introduced a new system based on less-prescriptive and more goal-based regulations, supported by guidance and codes of practice. For the first time employers and employees were to be consulted and engaged in the process of designing a modern health and safety system. The Health and Safety at Work etc Act 1974 also established the Health and Safety Commission (HSC) for the purpose of proposing new regulations, providing information and advice and conducting research. HSC’s operating arm, the Health and Safety Executive was formed shortly after in order to enforce health and safety law, a duty shared with Local Authorities.

The Health and Safety Commission (HSC) was formed when the Health and Safety at Work etc Act 1974 received Royal Assent on 31 July 1974. HSC's constitution and responsibilities were laid out in Sections 1, 10 and 11 of the Act and, according to the first HSC annual report (1977) included: “taking appropriate steps to secure the health, safety and welfare of people at work, to protect the public generally against risks to health and safety arising out of the work situation, to give general direction to the Health and Safety Executive (HSE) and guidance to Local Authorities on the enforcement provisions of the Act, to assist and encourage persons with duties under the Act and to make suitable arrangements for research and the provision of information.” Some of the key health and safety hazards which HSC was concerned with in its first few months included asbestos, construction, dusts, genetic manipulation, ionising radiation, lead, noise and vinyl chloride.

The Health and Safety Executive (HSE) was formed on 1 January 1975 under the leadership of its first Director, John Locke. HSE's remit was to undertake the requirements of the Health and Safety Commission and to enforce health and safety legislation in all workplaces, except those regulated by Local Authorities. A number of regulatory and scientific organisations transferred to HSE at this time, including: the Factory Inspectorate; Explosives Inspectorate; Employment Medical Advisory Service; Nuclear Installations Inspectorate; Safety and Health Division from the Department of Energy; the Mines Inspectorate; the Safety in Mines Research Establishment; the British Approvals Service for Electrical Equipment in Flammable Atmospheres; and the Alkali and Clean Air Inspectorate. One of the first tasks undertaken by HSE was the re-organisation of the Factory Inspectorate into a series of 21 Area Offices and 11 local offices, supported by Field Consultant Groups, comprised of specialist scientific and technical staff.

The Health and Safety Commission (HSC) set up the first of a number of advisory committees during 1975. This was done with a view to drawing upon the expertise of industry and specialist organisations and in encouraging wide participation in the improvement of occupational health and safety. Advisory committees on the following topics were set up over the next couple of years: Advisory Committee on Dangerous Substances; Advisory Committee on Toxic Substance; Medical Advisory Committee; Advisory Committee on Asbestos; Advisory Committee on Major Hazards; Advisory Committee on the Safety of Nuclear Installations; Safety in Mines Research Advisory Board; and the British Approvals Service for Electrical Equipment In Flammable Atmospheres (BASEEFA) Advisory Council. HSC also consulted the Trades Union Congress (TUC) and Confederation of British Industry (CBI) for suggestions for additional advisory bodies. A full list of contemporary advisory committees is available.

These regulations established the right of a recognised trade union to appoint safety representatives from among the employees it represented. The exception to this was employees of mines, specifically coal mines as defined by section 180 of the Mines and Quarries Act 1954. The regulations conferred number of powers to safety representatives including: "to investigate potential hazards and dangerous occurrences at the workplace (whether or not they are drawn to his attention by the employees he represents) and to examine the causes of accidents at the workplace"; "to make representations to the employer on general matters affecting the health, safety or welfare of the employees at the workplace"; and to inspect certain documents. Under the terms of the regulations, two or more safety representatives could request their employer to establish a safety committee. The regulations also outlined the terms for pay for time off allowed to safety representatives carrying out official duties.

Ten people died and one person was seriously injured when firedamp ignited and exploded in the Plodder Seam at the Golborne Colliery in the Greater Manchester area on 18 March 1979. Firedamp accumulated following a breakdown in the ventilation system and it is thought that this was probably ignited by electrical sparking. The Health and Safety Executive's Safety in Mines Research Establishment (SMRE) investigated the incident and made recommendations for improving both ventilation systems and intrinsically safe electrical equipment in mines.

An explosion occurred at a subterranean valve house in the Lune/Wyre Water Transfer Scheme at Abbeystead in Lancashire on 23 May 1984. Sixteen people were killed and 28 injured whilst taking part in an evening visit at the site. The visit was part of a programme to demonstrate to local residents that their fears that the Transfer Scheme would cause winter flooding were unfounded. The explosion occurred while water was being pumped over the weir into the river Wyre. The valve house was severely damaged during the incident. HSE investigated and concluded that the explosion was caused by ignition of a mixture of methane and air which had built up in the wet room of Abbeystead Valve House. The source of the ignition was not identified. HSE also contacted water authorities and alerted them to the potential dangers of water transfer and comparable systems where methane could pose a serious risk.

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985, commonly known as 'RIDDOR', require a 'responsible person' to notify the enforcing authority where a person dies or sustains any injuries or specific medical conditions or where a dangerous occurrence takes place in connection with a work activity. The Regulations set out the specific injuries which are reportable including fractures, amputation, decompression sickness and others. A list of the dangerous occurrences which reportable under RIDDOR is provided in Schedule 1 of the Regulations, while a second schedule sets out reportable diseases under RIDDOR. Separate notification requirements for mines, quarries and railways are also explained.

These regulations stipulate that an employer 'shall not carry out any work which exposes or is liable to expose any of his employees to asbestos unless either a) before commencing that work he has identified, by analysis or otherwise, the type of asbestos involved in the work; or b) he has assumed that the asbestos is crocidolite or amosite and for the purposes of the Regulations has treated it accordingly'. Under the Regulations, employers must notify the enforcing authority of work with asbestos in certain circumstances. They must also provide information, instruction and training for employees who are liable to be exposed to asbestos during the course of their work. Adequate control measures must be in place and must be adequately maintained to prevent or reduce the spread of asbestos. Other requirements of the regulations include: ensuring cleanliness of plant and premises; designation of areas where asbestos is present; air monitoring including associated record-keeping; medical surveillance and keeping health records; provision of washing and changing facilities; and storage and labelling of raw asbestos and asbestos waste.

• More information about the Control of Asbestos at Work Regulations

The Control of Substances Hazardous to Health Regulations, generally referred to as the COSHH Regulations, were introduced to protect the health of people arising from work activities. Under the Regulations, employers must carry out a risk assessment to ensure that employees are not exposed to substances which will be hazardous to their health. Where exposure to such substances cannot be prevented, employers must provide suitable protective equipment and control measures and they must ensure that such equipment is adequately maintained, examined and tested and the results of tests recorded and kept. RIDDOR stipulates a requirement for monitoring exposure in the workplace and maintaining suitable records. It also sets out requirements for health surveillance and medical surveillance. Employers are also obliged to ensure that where exposure to hazardous substance is unavoidable, workers are made aware of the associated health risks and the precautions that should be taken including any associated instruction and training requirements.

• More information about the Control of Substances Hazardous to Health Regulations

A series of catastrophic explosions occurred on the Piper Alpha offshore platform on the evening of 6 July 1988. This lead to a major and sustained gas fire which resulted when the Tartan gas riser ruptured. The majority of the emergency systems including the fire water system failed to operate and the resulting fierce fires and dense smoke made evacuation by helicopter or lifeboats impossible. Structural collapse of the platform quickly followed, causing many of the offshore workers to jump into the sea. Of the 226 people on board the Piper Alpha platform, 165 died and two members of the ‘Sandhaven's' fire rescue craft lost their lives. The Lord Cullen inquiry into the incident made a series of recommendations for the future regulation of the offshore installations and appointed the Health and Safety Executive as a single regulatory body to enforce occupational health and safety in the offshore oil and gas industry.

(S.I. 1992/2051)

• Management of Health and Safety at Work Regulations 1992 (S.I. 1992/2051)
• Manual Handling Regulations 1992 (S.I. 1992/2793)
• Display Screen Equipment Regulations 1992 (S.I. 1992/2792)
• Workplace (Health, Safety and Welfare) Regulations 1992 (S.I. 1992/3004)
• Provision and Use of Work Equipment Regulations 1992 (S.I. 1992/2932)
• Personal Protective Equipment Regulations 1992 (S.I. 1992/2966)

The regulations stipulate that personal protective equipment (PPE) should be supplied and used in the workplace wherever there are risks to health and safety that cannot be eliminated or managed in any other way. The regulations also require that PPE is: properly assessed to ensure its suitability; issued with full instructions on its safe use; stored and maintained properly; and used correctly by employees.

The Southall rail accident occurred when the 10.35 high speed train from Swansea to London Paddington collided with a freight train operated by English Welsh and Scottish Railway. The incident happened at 13.15 on 19 September 1997 at Southall East Junction. Seven people died in the accident and 139 people were injured, some of these sustaining serious injuries. HSE's Railway Inspectorate investigated the incident and an official inquiry was conducted by Professor John Uff.

An explosion occurred at the ICL Plastics factory in Maryhill, Glasgow on 11 May 2004. Nine people were killed in the incident and many more suffered injuries. The explosion occurred when liquefied petroleum gas (LPG) leaked from an underground metal pipe in the basement of the factory. The LPG ignited and the resulting explosion caused the building to collapse.

Lord Brian Gill was appointed to hold an Inquiry into the events that led up to the disaster. HSE inspectors and retired inspectors and the Chief Executive and the then Deputy Chief Executive gave evidence in the formal hearings. Lord Gill's report was published in July 2009 and outlined various recommendations for HSE as the body which (together with Local Authorities) regulates LPG hazards in industrial and commercial premises.