The history of health and safety laws is a testament to society’s growing awareness of the importance of worker protection and wellbeing. Over the centuries, significant strides have been made to create safer working conditions and secure workers’ rights.

1. Early Workplace Hazards in England:

During the days of the Industrial Revolution 1750-1830, workplaces were rife with hazards. Workers endured grueling conditions, long hours, and often faced life-threatening dangers.

The Need for Protective Measures:

The rapid industrialisation demanded a response to the growing concerns about worker safety. This led to the first attempts at legislating safety measures.

2. Pioneering Health and Safety Legislation:

In response to the increasing public outcry, the British Parliament introduced several crucial pieces of legislation.

The Factories Regulation:

One of the first significant acts was the Health and Morals of Apprentices Act 1802, which for the first time saw a minimum guideline for children working within the cotton mills and set a precedent for future regulations such as the Factory Regulation Act 1833.

The Coal Mines Act of 1842:

Focused specifically on mining, this act aimed to improve safety and limit child labor in coal mines.

3. The Impact of the Industrial Revolution:

The rapid industrialisation during the 19th century brought numerous challenges regarding worker safety and paved the way for further reforms.

Rising Concerns for Worker’s Safety:

The worsening working conditions and increasing number of workplace accidents raised public awareness about the need for comprehensive safety measures.

The Robens Report

During the mid-1970’s, a committee was appointed to review work health and safety under the guidance of Lord Robens, which reviewed British factories Legislation. The Robens report found that not all industries were covered by health and safety law, as this was currently aimed at high-risk industries. Various recommendations were made such as health and safety legislation should apply to all workers and not be dependent on the industry and for workers to have a more hands on role within the workforce.

The Growth of Labor Unions:

Workers’ rights movements gained momentum, leading to the formation of labor unions that fought for improved working conditions and better legal protections.

4. 20th Century Advancements in Health and Safety Laws:

The 20th century witnessed significant advancements in health and safety legislation, culminating in a comprehensive law that revolutionised worker protection.

The Health and Safety at Work Act 1974:

This groundbreaking act consolidated various existing laws and introduced a unified framework to protect the health, safety, and welfare of workers.

The Establishment of HSE (Health and Safety Executive):

The Health and Safety Executive was established as the regulatory body responsible for enforcing health and safety regulations across workplaces.

Australia OHS Laws – Early Safety Measures

Health and safety legislation in Australia was strongly influenced by the Factories Acts and through the Robens model. In 1873 the Victorian Parliament enacted the Supervision of Workrooms and Factories Statue 1873, which then was superseded by the Factories and Shops Act 1885 that adopted provisions from the UK 1878 Factories Act, particularly guarding of machinery, sanitary requirements and the powers of the inspectorate.

Work Health and Safety Regulatory Reform:

In the late 19th century, Australia experienced significant industrial growth, particularly in mining and manufacturing. This led to concerns about worker safety, resulting in the introduction of various regulations and acts to address specific hazards.

There were three waves of work health and safety regulatory reform in Australia throughout the states and territories, from 1972 and can be traced back to 2008.

Some of the key highlights include:

1. Parts of the early legislation was based to some degree on the Robens model.
2. The mid to later years included worker participation in health and safety committees and provision that measures were not reasonably practicable by the duty holder.
3. Stronger provision for worker participation in health and safety legislation, particularly trade union appointed HSRs.
4. Victoria included the provision of HSRs with the power to issue PINs.
5. The right to direct cease of work where there was an immediate threat to the health and safety of a person.
6. Duty imposed on employers and self-employed persons provisions deeming contractors and their employees to be employees.
7. Queensland introduced legislation to appoint workplace health and safety officers in larger workplaces.
8. Incorporation of risk management processes in all jurisdictions and some codes of practice.
9. Considerable changes to officer obligations in different states.  
10. In 2005, Queensland statue that recast general duties on employers and self-employed to a duty on “a person conducting a business or an undertaking” PCBU, and that duty was owed to “workers”.
11. Streamline of regulations and change to codes of practice from specification standards to performance and process standards which allowed the duty holder to choose the best and most efficient approach to achieve the standard.
12. Changes across the country to increase of penalties and introduction of infringement notices.

Harmonisation

In 2008, the government ordered a review of Australian health and safety via panel as there had been calls since the early 1980’s for a more consistent standard across the country. The first model act was released for public comment in September 2009 and was later amended in December 2009. There were changes until it was finalised and passed to begin on 1st January 2012 with the majority and states and territories enacting the legislation.

Conclusion

The history of health and safety laws is a testament to the constant evolution of society’s commitment to protect workers’ lives and wellbeing. From the early days of industrialisation to the modern era, legislation has strived to create safer and healthier work environments. While challenges persist such as mental health, workplace bullying, and the impact of emerging technologies, ongoing efforts ensure that the journey towards optimal health and safety continues, paving the way for a brighter future.