UK health and safety at work is primarily governed by the Health and Safety at Work etc. Act 1974 (HSWA), which places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees. The Act is supplemented by sector-specific regulations including the Management of Health and Safety at Work Regulations 1999, RIDDOR, and the Workplace (Health, Safety and Welfare) Regulations 1992. The Health and Safety Executive (HSE) is the enforcing body, with powers including improvement notices, prohibition notices, and prosecution for breaches.
This guide covers the general duties under HSWA, the specific regulatory obligations, risk assessment requirements, and reporting obligations.
Key takeaways
- The Health and Safety at Work etc. Act 1974 is the primary legislation governing workplace safety in the UK.
- Employers must ensure, so far as is reasonably practicable, the health, safety, and welfare of all employees — s.2 HSWA 1974.
- Risk assessments are mandatory under the Management of Health and Safety at Work Regulations 1999 — employers with 5 or more employees must record them.
- RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013) requires employers to report certain workplace injuries, diseases, and dangerous occurrences to the HSE.
- Breach of the general duties can result in unlimited fines and up to 2 years’ imprisonment for individuals.
The general duties of employers
s.2 of HSWA 1974 sets out the employer’s general duties:
- Provide and maintain a safe workplace — so far as is reasonably practicable.
- Provide and maintain safe plant and machinery — including safe systems of work.
- Ensure the safe use, handling, storage, and transport of articles and substances.
- Provide adequate information, instruction, training, and supervision.
- Maintain the workplace in a safe condition — with adequate access, exits, and welfare facilities.
- Prepare and revise a written statement of health and safety policy.
The “reasonably practicable” standard
The employer’s duty is not absolute — it is bounded by what is reasonably practicable. This means balancing the cost and effort of a safety measure against the risk it controls. The more serious the risk, the more the employer is expected to spend to control it.
The HSE defines it: “What is ‘reasonably practicable’ is determined by weighing the risk against the cost, time, and trouble of taking measures to avoid or reduce the risk.”
Example: Installing a guard on a machine that has a high risk of serious injury is always reasonably practicable, regardless of cost. Fitting the most expensive type of air filtration system to a workplace with a very low risk of airborne contamination may not be.
Risk assessments
The Management of Health and Safety at Work Regulations 1999 require every employer to:
- Carry out suitable and sufficient risk assessments for the work and workplace.
- Record the significant findings — where the employer has 5 or more employees.
- Review the risk assessment at regular intervals and whenever there is a significant change.
The risk assessment must identify the hazards, assess the risk, and determine the measures needed to control it. It must be carried out by a competent person.
What a risk assessment must cover
| Step | What it involves |
|---|---|
| Identify hazards | What could cause harm? (machinery, substances, work activities, psychosocial risks) |
| Assess the risk | Who might be harmed and how serious could it be? |
| Control the risk | What measures are needed to reduce the risk? (eliminate, substitute, control, PPE) |
| Record and communicate | Document the findings and tell employees what the risks are and how to control them |
| Review | Update the assessment when circumstances change |
Workplace safety requirements
The Workplace (Health, Safety and Welfare) Regulations 1992 set specific standards for workplace conditions:
- Temperature — reasonable temperature during working hours (minimum 16°C for sedentary work).
- Ventilation — adequate fresh air.
- Lighting — suitable and sufficient lighting.
- Cleanliness — floors, walls, and ceilings kept free from hazards.
- Space — adequate space per employee.
- Sanitary facilities — toilets, washing facilities, and drinking water.
- First aid — adequate first-aid equipment and trained first-aiders.
- Accident reporting — first-aid equipment and access to trained first-aiders.
RIDDOR — reporting obligations
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 require employers to report:
| What to report | Reporting requirement |
|---|---|
| Death or specified major injury | Report within 10 days to the HSE |
| Over-7-day incapacitation injury | Report within 15 days |
| Occupational disease | Report when diagnosed |
| Dangerous occurrence | Report within 10 days |
| Gas incident | Report immediately to the HSE |
Specified major injuries include fractures (other than fingers, thumbs, and toes), amputations, loss of sight, serious burns, and any injury requiring hospital treatment.
Enforcement
The HSE has a range of enforcement powers:
| Power | What it means |
|---|---|
| Improvement notice | Requires the employer to remedy a breach within a specified time (at least 21 days) |
| Prohibition notice | Prohibits an activity that involves a risk of serious personal injury — immediate effect |
| Prosecution | Breach of the general duties is a criminal offence; unlimited fines and up to 2 years’ imprisonment for individuals |
| On-the-spot fines | Fixed penalty notices for certain health and safety offences |
Common pitfalls
1. No written risk assessment
An employer with 5 or more employees that has not recorded risk assessments is in breach of the Management Regulations. The absence of a risk assessment is strong evidence that the employer failed to meet the general duty.
2. Ignoring psychosocial risks
Stress, harassment, and excessive workload are recognised hazards. An employer who conducts risk assessments for physical hazards but not psychosocial risks is only meeting part of its obligations.
3. Failing to report under RIDDOR
The obligation to report is not discretionary. An employer who fails to report a specified injury or dangerous occurrence is committing a separate criminal offence.
4. Not reviewing risk assessments
A risk assessment is a living document. If the workplace changes, new hazards are introduced, or the risk assessment has not been reviewed in years, it may no longer be suitable and sufficient.
Putting it into practice
Five steps to build health and safety compliance into your operations:
- Conduct risk assessments for every workplace and work activity — record the significant findings and review them annually.
- Publish a written health and safety policy — for employers with 5 or more employees, this is a legal requirement.
- Train all employees on the risks relevant to their work and the control measures in place.
- Set up a RIDDOR reporting process — define who reports, to whom, and the deadlines.
- Monitor absence data — patterns in workplace injury and occupational disease absence reveal where the risk assessments are failing.
Tracking workplace injuries, absence patterns, and risk assessment reviews in a centralised system keeps you compliant with both the general duties and the reporting obligations.
Sources
- Health and Safety at Work etc. Act 1974 (primary source)
- Management of Health and Safety at Work Regulations 1999
- Workplace (Health, Safety and Welfare) Regulations 1992
- RIDDOR 2013
- HSE Guidance
This article is general information, not legal advice. Health and safety obligations are extensive and sector-specific — consult the HSE or a health and safety solicitor for specific situations.