Health and Safety: Employer's Legal Duties
Core health and safety obligations for UK employers. Risk assessments, safe systems, training, and avoiding criminal liability.
Last updated: 29 January 2025
Health and safety law creates criminal liability for employers. Understanding your duties helps protect employees and avoid prosecution.
Legal Framework
Key Legislation
Health and Safety at Work Act 1974:
- General duties on employers
- Criminal offences for breach
- HSE enforcement powers
Management of Health and Safety at Work Regulations 1999:
- Risk assessment requirement
- Health surveillance
- Competent assistance
Plus sector-specific regulations:
- Display Screen Equipment
- Manual Handling
- COSHH (hazardous substances)
- Working at Height
- And many more
Enforcement
Health and Safety Executive (HSE):
- Inspections
- Improvement notices
- Prohibition notices
- Prosecution
Local authorities:
- Enforce in offices, shops, hotels, restaurants
- Similar powers to HSE
General Duties
To Employees
Ensure, so far as reasonably practicable:
- Safe plant and equipment
- Safe systems of work
- Safe handling, storage, transport of articles/substances
- Safe workplace with safe access/egress
- Adequate information, instruction, training, supervision
To Non-Employees
Ensure, so far as reasonably practicable:
- Non-employees not exposed to health and safety risks
- Includes contractors, visitors, public
"So Far As Reasonably Practicable"
Balance:
- Likelihood of harm occurring
- Severity of potential harm
- Cost and effort to eliminate/reduce risk
You don't have to eliminate all risk - but must do what's reasonable.
Risk Assessment
The Requirement
Assess risks to:
- Employees
- Others who may be affected
- From your work activities
Five Steps
- Identify hazards - What could cause harm?
- Identify who might be harmed - Employees, visitors, contractors?
- Evaluate risks and decide controls - How likely? How serious? What to do?
- Record findings - If 5+ employees, must be written
- Review and update - Regularly and after changes
What to Record
If 5+ employees, record:
- Significant hazards identified
- Who might be affected
- What you're doing to control risks
- Any further action needed
- Review dates
Special Assessments
Specific requirements for:
- Display screen equipment users
- Manual handling operations
- Hazardous substances (COSHH)
- Young workers
- New or expectant mothers
- Fire safety
Written Policy
When Required
If you employ 5 or more people:
- Must have written health and safety policy
- Must bring it to employees' attention
Policy Contents
General statement:
- Commitment to health and safety
- Signed by senior person
- Reviewed regularly
Organisation:
- Who is responsible for what
- Reporting lines
- Competent advice arrangements
Arrangements:
- How you manage specific risks
- Procedures and rules
- Emergency procedures
- Training arrangements
Keeping It Current
Review when:
- Significant changes to work
- After incidents
- New risks identified
- At least annually
Safe Systems of Work
What This Means
Organising work to minimise risk:
- Procedures for hazardous tasks
- Method statements
- Permits to work (for high-risk activities)
- Supervision arrangements
Developing Safe Systems
- Assess the task and risks
- Identify precautions needed
- Develop step-by-step procedure
- Train workers
- Supervise and monitor
- Review and improve
When to Use Permits to Work
High-risk activities:
- Hot work (welding, cutting)
- Confined space entry
- Electrical work
- Work at height
- Isolation of machinery
Training
Legal Requirements
Provide adequate health and safety training:
- On recruitment
- When exposed to new risks
- On new equipment or systems
- Periodically as refresher
Induction Training
All new starters need:
- Fire safety and evacuation
- First aid arrangements
- Reporting accidents and hazards
- Key risks in their work
- Who to contact
Task-Specific Training
For particular roles:
- Safe use of equipment
- Safe handling procedures
- Use of PPE
- Emergency procedures
Recording Training
Keep records of:
- What training given
- When
- Who attended
- Assessment of competence
Equipment and Workplace
Safe Equipment
Employer must:
- Provide safe equipment
- Maintain it properly
- Inspect as required
- Train users
- Provide guards and safety devices
Work Equipment Regulations
Specific requirements:
- Suitable for purpose
- Maintained in efficient state
- Regular inspection (documented)
- Information and training
Workplace Regulations
Workplace must have:
- Adequate ventilation
- Reasonable temperature
- Adequate lighting
- Sufficient space
- Suitable workstations
- Clean facilities (toilets, washing, rest areas)
Personal Protective Equipment
Hierarchy of Controls
PPE is last resort. First:
- Eliminate the hazard
- Substitute less hazardous
- Engineering controls
- Administrative controls
- PPE (if risk remains)
Employer Duties
If PPE needed:
- Provide free of charge
- Ensure suitable for the risk
- Maintain and replace as needed
- Provide storage
- Train on use
- Ensure it's worn
Employee Duties
Employees must:
- Use PPE properly
- Report defects
- Store correctly
- Not misuse
Accident Reporting
RIDDOR Requirements
Report to HSE:
- Deaths
- Specified injuries
- Over 7-day incapacitation
- Occupational diseases
- Dangerous occurrences
- Gas incidents
Specified Injuries
- Fractures (not fingers, thumbs, toes)
- Amputation
- Loss of sight
- Serious burns
- Scalping
- Loss of consciousness
- Requiring hospital admission for 24+ hours
Reporting Deadlines
- Deaths/specified injuries: 10 days
- Over 7-day injuries: 15 days
- Online reporting preferred
Internal Recording
Keep accident book:
- All accidents and incidents
- Near misses
- Use for trend analysis
- GDPR compliant
Fire Safety
Regulatory Reform (Fire Safety) Order 2005
"Responsible person" must:
- Carry out fire risk assessment
- Identify hazards and people at risk
- Implement fire safety measures
- Maintain fire safety equipment
- Plan for emergencies
- Train employees
Fire Risk Assessment
Assess:
- Sources of ignition
- Sources of fuel
- People at risk
- Detection and warning
- Escape routes
- Fire-fighting equipment
- Emergency planning
Fire Safety Measures
- Means of escape (kept clear)
- Fire detection and alarms
- Fire-fighting equipment
- Emergency lighting
- Signs and notices
- Staff training
First Aid
Requirements
Provide adequate first aid equipment, facilities, and personnel.
Assess needs based on:
- Nature of work
- Workplace hazards
- Number of employees
- Location and access to emergency services
Minimum Provision
- First aid kit (suitably stocked)
- Appointed person (if no trained first-aider)
- First-aiders (numbers based on risk and size)
First-Aiders
Training requirements:
- First Aid at Work (FAW) - 3 days
- Emergency First Aid at Work (EFAW) - 1 day
- Requalification every 3 years
Special Categories
Young Workers
Additional duties:
- Specific risk assessment before starting
- Consider inexperience, immaturity, lack of awareness
- Inform parents of risks and controls (under 18s)
- Restrictions on certain work
New and Expectant Mothers
Once notified of pregnancy:
- Specific risk assessment
- Remove/reduce risks identified
- Alter working conditions or hours
- Offer suitable alternative work
- Suspend on full pay if no alternative
Lone Workers
Assess specific risks:
- Violence
- Medical emergencies
- Lack of supervision
- Communication difficulties
Implement controls:
- Check-in procedures
- Panic alarms
- Training
- Limits on lone working
Competent Assistance
The Requirement
Must appoint one or more competent persons to assist with health and safety.
Who Is Competent?
Someone with:
- Knowledge of health and safety law
- Understanding of your work activities
- Ability to identify risks
- Skills to implement controls
Options
- Internal appointment (with training)
- External consultant
- Combination
Preference for internal: Regulations say prefer in-house competence where available.
Enforcement and Penalties
Improvement Notices
HSE/local authority can issue if:
- Breach of health and safety law
- Specifies what must be done
- Gives deadline for compliance
- Can appeal within 21 days
Prohibition Notices
If risk of serious personal injury:
- Immediate effect (or deferred)
- Must not carry on activity until complied
- Can appeal (but notice usually still in force)
Prosecution
For serious breaches:
- Unlimited fines
- Imprisonment (for individuals)
- Directors can be personally liable
- Corporate manslaughter possible
Sentencing Guidelines
Fines based on:
- Culpability
- Likelihood of harm
- Seriousness of harm
- Turnover of organisation
Can be substantial - millions for large organisations.
Checklist
Documentation
- Written health and safety policy (if 5+ employees)
- General risk assessments
- Specific risk assessments (DSE, manual handling, etc.)
- Fire risk assessment
- Training records
- Equipment maintenance records
- Accident book
Practical Measures
- Competent assistance appointed
- First aid arrangements
- Fire safety measures
- Emergency procedures
- Safe systems of work documented
- PPE provided where needed
- Workplace meets standards
Ongoing Management
- Regular risk assessment reviews
- Incident investigation
- Training updates
- Equipment inspections
- Policy reviews
- Safety monitoring
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Frequently Asked Questions
- What are my basic health and safety duties as an employer?
- You must ensure, so far as reasonably practicable, the health, safety and welfare of employees. This includes safe equipment, safe systems of work, adequate training, a safe workplace, and a written policy if you have 5+ employees. You also have duties to non-employees affected by your work.
- Do I need a written health and safety policy?
- If you employ 5 or more people, yes - you must have a written health and safety policy. It should contain: a general statement of commitment, organisation (who does what), and arrangements (how you manage specific risks). Smaller employers should still have arrangements even if not written.
- When do I need to do a risk assessment?
- You must assess risks to employees and others affected by your work. There's no specific trigger - it's an ongoing duty. You must record findings if you have 5+ employees. Review assessments regularly, especially after incidents, changes to work, or new information about risks.