Health and Safety Obligations

Every UK employer has a legal duty to protect the health, safety and welfare of their employees and anyone else affected by their business activities. This duty applies regardless of business size, sector or number of employees.

The consequences of getting health and safety wrong range from HSE enforcement notices and fines to criminal prosecution and, in the worst cases, imprisonment.

The legal framework

UK health and safety law is primarily governed by:

Health and Safety at Work etc. Act 1974 (HSWA)

This is the foundational piece of legislation. It places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees. It also requires employers to protect non-employees (visitors, customers, members of the public) from risks arising from work activities.

Management of Health and Safety at Work Regulations 1999

These regulations require employers to:

• Carry out risk assessments
• Make arrangements for implementing health and safety measures
• Appoint competent persons to help comply with health and safety duties
• Provide health and safety training
• Set up emergency procedures

Other key regulations

Risk assessments

A risk assessment is the cornerstone of health and safety compliance. If you employ 5 or more people, you must record your risk assessment in writing. Even if you have fewer than 5 employees, carrying out and documenting an assessment is good practice.

The five-step process

1. Identify the hazards – walk through your workplace, talk to employees, review accident records, check manufacturers’ instructions
2. Decide who might be harmed and how – employees, visitors, contractors, members of the public, vulnerable groups
3. Evaluate the risks and decide on precautions – can you eliminate the hazard? If not, how can you control it?
4. Record your findings and implement them – write down the significant hazards, who is at risk and what you are doing about it
5. Review and update – revisit your assessment whenever something changes (new equipment, new processes, after an incident)

What to include

Employers’ liability insurance

If you employ anyone (including part-time and temporary staff), you are legally required to have employers’ liability insurance with a minimum cover of £5 million. Most policies provide £10 million.

This insurance covers compensation claims from employees who are injured or become ill as a result of their work. You must:

• Display the insurance certificate at each place of business (or make it accessible electronically)
• Keep copies of expired policies for at least 40 years (claims can be made long after the event)

The only exemptions are for businesses that employ only the owner (sole traders with no employees) and certain family businesses.

Health and safety policy

If you employ 5 or more people, you must have a written health and safety policy. This should include:

• A general statement of your commitment to health and safety, signed by the most senior person
• Organisation – who is responsible for what
• Arrangements – the practical steps you take to manage health and safety (risk assessment process, training, emergency procedures, first aid, fire safety)

The policy must be brought to the attention of all employees and reviewed regularly.

Training

You must provide health and safety training:

• At induction – when an employee starts work
• When risks change – new equipment, new processes, new role
• Periodically – refresher training at appropriate intervals

Training should be relevant to the employee’s role and the risks they face. Records of training provided should be kept.

Reporting incidents (RIDDOR)

Under RIDDOR, you must report certain workplace incidents to the HSE:

• Deaths – immediately by telephone, followed by a written report within 10 days
• Specified injuries – fractures (other than fingers, thumbs, toes), amputations, loss of sight, crush injuries, burns requiring hospital admission
• Over-7-day incapacitation – if an employee is unable to work for more than 7 consecutive days (not counting the day of the accident)
• Non-fatal injuries to non-workers requiring hospital treatment
• Occupational diseases – carpal tunnel syndrome, occupational asthma, tendonitis, hand-arm vibration syndrome
• Dangerous occurrences – near misses that could have caused serious harm (collapse of equipment, electrical short-circuit causing fire)

Reports are made online at the HSE website or by telephone for fatal and specified injuries.

Fire safety

Fire safety is covered by the Regulatory Reform (Fire Safety) Order 2005 (in England and Wales). As the “responsible person” (usually the employer or building owner), you must:

• Carry out a fire risk assessment
• Ensure adequate fire detection and warning systems
• Provide appropriate fire-fighting equipment
• Ensure escape routes are available and clearly marked
• Provide fire safety training to all employees
• Keep fire safety measures under regular review

Mental health and wellbeing

Employer duties extend to mental health. Stress, anxiety and depression are among the leading causes of work-related illness in the UK. Employers should:

• Assess risks from work-related stress as part of their risk assessment
• Provide support to employees experiencing mental health difficulties
• Ensure workloads are manageable
• Train managers to recognise signs of work-related stress
• Promote a culture where employees feel able to raise concerns

HSE enforcement

The Health and Safety Executive (HSE) enforces health and safety law. Their powers include:

Penalties

Small business considerations

Health and safety requirements are proportionate – what is expected of a two-person office is different from what is expected of a construction site. For most small businesses:

• Start with a risk assessment – identify the real risks in your workplace
• Get employers’ liability insurance if you have any staff
• Write a health and safety policy if you have 5 or more employees
• Provide basic training on fire safety, first aid and any specific risks
• Keep records of risk assessments, training and incidents
• Review regularly – at least annually and whenever something changes

The HSE provides free templates and guidance specifically designed for small businesses on their website. The costs of compliance are far lower than the costs of an accident or enforcement action.