Health and safety training requirements under MHSWR

Your legal duty under MHSWR 1999 Regulation 13 to provide adequate health and safety training. Covers the five training triggers, capabilities assessment, refresher training requirements, and the duty to provide training during working hours.

UK-wide
Guide summary

You must provide health and safety training to all employees during working hours. This includes training when they start, change roles, or face new risks. Keep records of training and assess employees' abilities before giving them tasks.

  • Train new employees on hazards and safety procedures
  • Repeat training when risks change or roles are updated
  • Provide annual refresher training for high-risk activities
  • Train employees during working hours, not their own time
  • Assess abilities before giving tasks
  • Record all training sessions
  • Training is legally required, not optional
  • Penalties apply for failing to provide training
  • Use plain language employees understand
  • Include training on new equipment and systems
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Your duty to train employees

Regulation 13 of the Management of Health and Safety at Work Regulations 1999 places two related duties on employers. First, you must consider employees' capabilities when assigning tasks. Second, you must ensure employees receive adequate health and safety training at specific trigger points.

Training is not optional or discretionary - it is a legal requirement that applies to all employers from day one. Failure to provide adequate training is a criminal offence and is frequently cited in HSE prosecutions following workplace accidents.

The five training triggers

Regulation 13(2) requires you to provide adequate health and safety training in five specific situations:

Assessing employee capabilities

Regulation 13(1) requires you to consider employees' capabilities when assigning tasks. This means assessing whether the person has the physical ability, knowledge, experience, and understanding needed to carry out the work safely.

Factors to consider:

  • Physical capability: Can the person safely perform manual handling tasks, work at height, or operate equipment?
  • Knowledge: Does the person understand the hazards involved and how to control them?
  • Experience: Has the person done this type of work before? New starters and young workers need extra supervision.
  • Language and literacy: Can the person understand instructions, warning signs, and safety data sheets?
  • Health conditions: Are there any conditions that could affect the person's ability to work safely?

This duty links directly to the training requirement - if an employee lacks the capability for a task, you must either provide training to develop it or assign the task to someone else.

What training should cover

The content of training depends on your workplace risks, but common topics include:

Induction training (all new starters)
Workplace hazards, emergency procedures, fire safety, first aid arrangements, accident reporting, PPE requirements, who the competent person is
Risk-specific training
Manual handling technique, COSHH awareness, working at height, confined spaces, electrical safety, noise awareness - based on your risk assessment
Equipment training
Safe use of work equipment under PUWER, including machinery, vehicles, power tools, and any equipment requiring specific competence
Role-specific training
Supervisor responsibilities, permit-to-work procedures, safety representative duties, first aid certification
Refresher training
Regular updates to maintain awareness and competence, particularly for high-risk activities - annual refreshers are common practice

Training during working hours

Regulation 13(3)(c) is clear: health and safety training must take place during working hours. You cannot require employees to attend training in their own time, during lunch breaks, or on rest days.

If training needs to happen outside normal working hours (for example, for shift workers), the time spent in training counts as working time and must be paid accordingly.

Recording training

Although MHSWR does not explicitly require written training records, keeping them is essential for demonstrating compliance. Record:

  • What training was provided and when
  • Who attended (with signatures where possible)
  • Who delivered the training and their competence to do so
  • How understanding was assessed (quiz, practical demonstration, observation)
  • When refresher training is due

These records will be requested by HSE inspectors following an accident and may be critical evidence in any subsequent prosecution or civil claim.

Training requirements under other regulations

MHSWR Regulation 13 establishes the general training duty, but other regulations impose specific training requirements:

  • Manual Handling Operations Regulations 1992: Training in manual handling techniques and risk factors
  • COSHH Regulations 2002: Training on hazardous substances, controls, PPE use, and emergency procedures
  • Work at Height Regulations 2005: Training in safe use of access equipment, fall prevention, and rescue procedures
  • Fire Safety Order 2005: Fire awareness training, use of extinguishers, and evacuation procedures
  • DSE Regulations 1992: Training on workstation setup, posture, and break patterns
  • PUWER 1998: Training on safe use and maintenance of work equipment
  • First Aid Regulations 1981: First aid at work certification for appointed first aiders
  1. 1

    Identify training needs from your risk assessment

    Review your risk assessment to identify what training is needed for each role. Match training content to the specific hazards employees will encounter.

  2. 2

    Establish an induction programme

    Create a structured induction covering workplace hazards, emergency procedures, and essential safety rules. Deliver this before new starters begin work.

  3. 3

    Plan training for the five trigger points

    Ensure training is provided on recruitment, when responsibilities change, when new equipment is introduced, when new technology is adopted, and when work systems change.

  4. 4

    Schedule refresher training

    Set up a calendar for periodic refresher training. Annual refreshers are common for high-risk activities. Use near misses and incidents as learning opportunities.

  5. 5

    Assess and record capabilities

    Before assigning tasks, check that employees have the capability to perform them safely. Record your assessment and any training provided to address gaps.

  6. 6

    Keep training records

    Document all training provided including dates, attendees, content, trainer details, and assessment outcomes. These demonstrate compliance during inspections.

Official guidance and resources