Guide

Your duties as an employer under health and safety law

Understanding your fundamental legal duties under the Health and Safety at Work etc. Act 1974. Covers employer duties to employees and others, written policy requirements, and what 'reasonably practicable' means in practice.

Construction & Property UK-wide

The law that applies to every employer

The Health and Safety at Work etc. Act 1974 (HASAWA) is the primary legislation governing workplace health and safety in Great Britain. It applies to all employers, regardless of size or sector, from your first day of trading.

This guide explains your core duties under sections 2, 3 and 4 of the Act, what you must do to comply, and how requirements change as your business grows.

Section 2: Your duties to employees

Section 2 of HASAWA sets out your fundamental duty as an employer. You must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all your employees.

This general duty is broken down into five specific areas:

1. Safe plant and systems of work

You must provide and maintain plant (equipment, machinery, tools) and systems of work that are safe and without risks to health. This includes:

  • Ensuring equipment is suitable for its intended purpose
  • Regular maintenance and inspection of machinery
  • Safe procedures for operating equipment
  • Proper training before employees use dangerous equipment

2. Safe handling of articles and substances

You must make arrangements for safe use, handling, storage and transport of articles and substances. This covers:

  • Chemicals, cleaning products, and hazardous materials
  • Correct storage (temperature, separation, containment)
  • Personal protective equipment where needed
  • COSHH assessments for hazardous substances

3. Information, instruction, training and supervision

You must provide employees with the information, training and supervision they need to work safely. This means:

  • Induction training for new starters covering workplace hazards
  • Specific training for high-risk tasks (machinery, heights, chemicals)
  • Refresher training when procedures change
  • Supervision appropriate to the level of risk and experience

4. Safe workplace

If you control the workplace, you must maintain it in a safe condition with safe access and exit routes. This includes:

  • Safe flooring, stairs and walkways
  • Adequate lighting
  • Clear fire exits and escape routes
  • Proper housekeeping to prevent slips, trips and falls

5. Safe working environment and welfare

You must provide a working environment that is safe, healthy and has adequate welfare facilities:

  • Adequate ventilation, temperature and lighting
  • Sufficient space for workers
  • Clean toilets and washing facilities
  • Drinking water
  • Rest areas and facilities for eating meals

Section 3: Your duty to protect others

Your duties extend beyond your employees. Section 3 requires you to conduct your business in such a way that people not in your employment are not exposed to risks to their health or safety.

This includes:

  • Members of the public who may be affected by your work activities
  • Customers and clients visiting your premises
  • Contractors working at your site
  • Delivery drivers entering your premises
  • Neighbours who might be affected by noise, fumes or other hazards from your operations

For example, if you run a construction site, you must protect passers-by from falling debris. If you operate a restaurant, you must ensure customers are not exposed to fire risks or food safety hazards.

Section 4: Duties for premises controllers

If you have control of non-domestic premises (as owner, landlord or occupier), Section 4 places duties on you to ensure the premises are safe for anyone using them.

This applies even if you are not the employer of everyone working there. For example:

  • Landlords of business premises have duties to maintain common areas, lifts and shared facilities
  • Property managers must ensure access routes and emergency exits are safe
  • Building owners may have responsibilities for structural safety and fire precautions

Where multiple parties share a building, each must cooperate to ensure overall safety.

What "reasonably practicable" means

The Act uses the phrase "so far as is reasonably practicable" throughout. Understanding this term is essential.

It does NOT mean:

  • "Whatever we can afford"
  • "Whatever is convenient"
  • "Industry standard is good enough"

It DOES mean:

You must weigh the risk against the cost, time and trouble of reducing it. However, the law is weighted in favour of safety. You can only decide not to take a precaution if the cost would be grossly disproportionate to the risk.

In practice:

  • If there is a significant risk of death or serious injury, cost is almost never a valid reason to avoid a precaution
  • You must consider all reasonably available control measures
  • The burden of proof is on you to show why a measure was not reasonably practicable
  • Industry good practice sets the minimum standard you must meet

Written health and safety policy

Section 2(3) requires employers to prepare a written health and safety policy. This document must set out:

  1. Statement of intent: Your general policy and commitment to health and safety
  2. Organisation: Who is responsible for what (names and roles)
  3. Arrangements: The practical measures you have in place to manage specific risks

You must bring this policy to the notice of all employees and revise it whenever circumstances change significantly.

THRESHOLD 5

Fewer than 5 employees: Written policy not required

employee count threshold: 5

Under the Employers' Health and Safety Policy Statements (Exception) Regulations 1975, employers with fewer than 5 employees are exempt from the requirement to have a written health and safety policy.

However, this exemption only applies to writing the policy down. You still have all the same legal duties under HASAWA - you just do not need to document your policy in writing.

Best practice: Even if not legally required, having a written policy is strongly recommended because it:

  • Demonstrates you have thought about workplace risks
  • Helps train new employees consistently
  • Provides evidence if HSE inspects or there is an accident claim
  • Prepares you for when you employ 5 or more people
HSE guidance on health and safety policies

Consulting with employees

Section 2(6) requires employers to consult with employees on health and safety matters. How you do this depends on whether there are trade union safety representatives:

If trade unions appoint safety representatives:

  • You must consult with these representatives
  • They have rights to investigate hazards, inspect the workplace, and represent employees to HSE
  • If two or more representatives request it, you must establish a safety committee

If there are no trade union representatives:

  • You must still consult employees, either directly or through elected representatives
  • The Health and Safety (Consultation with Employees) Regulations 1996 apply

Good consultation helps identify hazards you might miss and improves employee engagement with safety.

Your employees' duties

HASAWA is not one-sided. Sections 7 and 8 place duties on employees too:

Section 7: Employee duties

  • Take reasonable care for their own health and safety and that of others affected by their actions
  • Cooperate with you on health and safety matters, so far as necessary to comply with legal requirements

Section 8: Not to interfere

  • No person may intentionally or recklessly interfere with or misuse anything provided for health and safety
  • This includes tampering with safety equipment, bypassing guards, or disabling alarms

While employees have duties, the primary responsibility for workplace safety rests with you as the employer. You cannot delegate your legal duty or blame employees for inadequate systems.

Self-employed persons

If you are self-employed, you also have duties under HASAWA:

  • You must conduct your undertaking so that you and others are not exposed to health and safety risks
  • The Deregulation Act 2015 narrowed this duty for some low-risk self-employed activities
  • If your work activity could pose a risk to others, you remain subject to full duties

Prescribed activities where full duties apply include construction, agriculture, work with hazardous substances, and work alongside employees of others.

Getting compliance right from the start

Health and safety compliance does not need to be complicated for most small businesses. Focus on these essentials:

  1. Conduct a risk assessment

    Walk through your workplace, identify what could cause harm, decide who might be harmed and how, and put controls in place. Record your findings if you have 5 or more employees.

  2. Get employers' liability insurance

    From your first employee, you must have at least £5 million cover. Display your certificate or make it available on request.

  3. Write your health and safety policy (5+ employees)

    Set out your statement of intent, who is responsible for what, and your arrangements for managing specific risks. Bring it to all employees' attention.

  4. Provide information and training

    Ensure employees understand the risks they face and how to work safely. Provide induction training for new starters and specific training for high-risk tasks.

  5. Set up first aid arrangements

    Assess your first aid needs and provide appropriate equipment and trained personnel. Display first aider details prominently.

  6. Consult employees on health and safety

    Involve employees in identifying risks and developing safe systems of work. This is a legal requirement and improves safety outcomes.

  7. Review and update regularly

    Review your risk assessments and policy at least annually, or when circumstances change. Health and safety is an ongoing process, not a one-off task.

Start a construction business

Essential compliance requirements for starting a construction business in the UK, including CDM regulations, health and safety obligations, waste management, and insurance.

Read guide

Farm health and safety essentials

Essential health and safety requirements for farmers and farm workers. Covers legal duties, risk assessment, the top causes of farm fatalities, and practical guidance for managing the most dangerous hazards including vehicles, falls, livestock, machinery, and confined spaces.

Read guide

Health and safety for small businesses

A simplified guide to health and safety compliance for businesses with fewer than 5 employees. Covers what you must do, what you can skip, and free HSE tools to help you comply without spending a fortune.

Read guide