Abstract
The Health and Safety at Work Act 1974 (HASAWA) imposes a duty on every employer to ‘ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees’. What is reasonably practicable and the relationship between (ultimately) profit and the employees’ health determine in large part the approach of the law to reproductive hazards at work.
‘The Health and Safety Commission must recognise that industry’s capacity to produce wealth, provide employment and compete effectively in overseas markets are priorities just as vital as the maintenance of good health and safety standards’ (Confederation of British Industry evidence to House of Commons Employment Committee)1
‘“Reasonably practicable” is a narrower term than “physically possible” and seems to me to imply that a computation must be made by the owner in which quantum of risk is placed on one scale, and the sacrifice involved in the measures necessary for averting the risk (whether in money, time or trouble) is placed in the other’ (Asquith, L. J., in Edwards v. National Coal Board)2
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References
Employment Committee (1982). Sixth Report: The Workings of the Health and Safety Commission and Executive: Achievements since the Robens Report (HC400), London, HMSO
[ 1949] 1 All England Law Reports, 743 at 747
Section 74 Factories Act 1961
Section 181 Factories Act 1961
Barlow, S. M. and Sullivan, F. M. (1982). Reproductive Hazards of Industrial Chemicals, Academic Press, London, pp. 4–8
Directive of 27 November 1980 (80/1107/EEC). Official Journal, No. L327 (3 December 1982), 8
Directive of 28 July 1982 (82/605/EEC). Official Journal, No. L247 (23 August 1982), 12
Draft Directive. Official Journal, No. C262 (9 October 1980)
Draft Directive. Official Journal, No. C289 (5 November 1982)
Anon. (1983). EC directives, draft proposals and work in progress. Health and Safety Information Bulletin, No. 88 (April), 12–15
Sixth Amending Directive of 18 September 1976 (79/831/EEC). Official Journal (15 October 1979)
Section 51(1) Sex Discrimination Act 1975. See Page v. Freight Hire (Tank Haulage) Limited [1981]. Industrial Relations Law Report 13
Turley v. Allders Department Stores Limited [1980]. Industrial Relations Law Report 4
Submission to the Secretary of State for Employment by the HSC in respect of the Control of Lead at Work Regulations 1980 and associated Code of Practice, Para. 32
Section 55 Sex Discrimination Act 1975
EOC (1979). Health and Safety Legislation: Should we Distinguish between Men and Women?, pp. 98–106
Anon. (1979). Health hazards for women working in chemicals and pharmaceuticals. Health and Safety Information Bulletin, No. 46, October, 4–5
Albery-Speyer v. BP Oil Limited and Shell (UK) Limited: Court of Appeal (Friday, 2 May 1980)
Royal Commission on Civil Liability and Compensation for Personal Injury. Cmnd. 7054, HMSO, London, 1978, Para. 1452
Safety and Health at Work: Report of the Committee (1970–1972). Cmnd. 5034, HMSO, London, 1972, Para. 452–459
Draft Directive of 10 December 1979. Official Journal, No. C324 (28 December, 1979), 3
European Parliament Working Documents 1980–1981 (1–453/80), (9 October 1980), 5
Anon. (1980). The European Communities explained … and how this affects UK health and safety legislation. Health and Safety Information Bulletin, No. 50 (February), 4
Section 64(2) and Schedule 13 Employment Protection (Consolidation) Act 1978
Coote, A. and Campbell, B. (1982). Sweet Freedom, Pan, London, 63–66
Crine, S. and Playford, C. (1982). From Rags to Riches: Low Pay in the Clothing Industry, Low Pay Unit, London
Section 153(1) Employment Protection (Consolidation) Act 1978
Hakim, C. (1980). Home working: Some new evidence. Employment Gazette (October), Department of Employment, HMSO, London, 1105
Anon. (1981). Unfair Dismissal Statistics 1980. Employment Gazette, Department of Employment, HMSO, London
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© 1984 The Royal Society of Medicine
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Lorber, S.J. (1984). Legal Considerations of Reproductive Hazards in Industry in the United Kingdom. In: Chamberlain, G. (eds) Pregnant Women at Work. Palgrave, London. https://doi.org/10.1007/978-1-349-86031-9_16
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DOI: https://doi.org/10.1007/978-1-349-86031-9_16
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