Running a computer programming, consultancy or IT services business means employing people at desks, screens and in data centres. The workplace health and safety duties under the Health and Safety at Work etc. Act 1974 apply — with display screen equipment, mental health and lone working the particular risks in this sector. The Health and Safety Executive (HSE) regulates in Great Britain and HSENI in Northern Ireland.

You also carry data protection duties that bite harder than in most sectors, because you routinely process personal data on behalf of clients. And if you provide an online marketplace, online search engine or cloud computing service above the NIS threshold, you must comply with the Network and Information Systems Regulations 2018.

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

The Health and Safety at Work etc. Act 1974 - primary UK workplace health and safety legislation establishing employer and employee duties. Pure data reference.

The Health and Safety at Work etc. Act 1974 (HASAWA 1974) is the primary legislation governing workplace health and safety in the United Kingdom. It establishes the legal framework for protecting the health, safety and welfare of people at work and those affected by work activities.

Legal status: Primary legislation - principal UK health and safety statute
Royal Assent: 31 July 1974
Came into force: 1 April 1975 (in stages)
Geographic scope: Great Britain (separate legislation applies in Northern Ireland)
Applies to: All employers, employees, self-employed persons, and those who control work premises
Primary duty (Section 2): Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees
Duty to non-employees (Section 3): Employers must protect persons not in their employment (contractors, visitors, public) who may be affected by work activities
Employee duties (Sections 7-8): Employees must take reasonable care for their own health and safety and that of others, cooperate with employers, and not misuse safety equipment
Enforcement authority: Health and Safety Executive (HSE) and local authorities
Maximum penalties (post-2008 amendments): Unlimited fines in Crown Court; imprisonment up to 2 years for individuals; up to 6 months and/or £20,000 fine in Magistrates' Court
Referenced by regulators: Cited in 31 regulatory documents in the ORDS (Office for Regulatory Delivery and Simplification) dataset
Secondary regulations: Enables creation of health and safety regulations (e.g. Management of Health and Safety at Work Regulations 1999, COSHH, Manual Handling)

Reasonably practicable: The Act uses the term "so far as is reasonably practicable" throughout. This means employers must balance the level of risk against the time, trouble and cost of controlling it. However, the law is weighted in favour of health and safety - employers must demonstrate that control measures would be grossly disproportionate to the risk before they can be considered not reasonably practicable.

Self-employed persons: The Act also places duties on self-employed persons to protect their own health and safety and that of others who may be affected by their work activities.

Health and Safety at Work etc. Act 1974 (legislation.gov.uk)

HSE - Health and Safety at Work etc. Act 1974 guidance

What you need to do

1

Set up a safe business and employ people

Start with the universal spine. Follow "Set up and run a safe IT and programming business" for your health and safety, fire safety, employers' liability insurance, equality, data protection and — if it applies — NIS digital service provider duties.
2

Confirm you have covered everything

Finish with the IT and programming compliance checklist to confirm your obligations are met.

Official sources

Authoritative starting points for IT and programming businesses.

Which IT and programming regulations apply to your business

Environmental compliance for construction sites

Structural works compliance checklist

Film and TV production tax reliefs and regulation

Clinical governance and quality improvement

Excavation and foundation safety

What you need to do

Set up a safe business and employ people

Confirm you have covered everything

Official sources

Related guides in Digital & Technology

Environmental compliance for construction sites

Structural works compliance checklist

Film and TV production tax reliefs and regulation

Clinical governance and quality improvement

Excavation and foundation safety

What you need to do

Set up a safe business and employ people

Confirm you have covered everything

Official sources