Journey
Health and safety management for new employers
A learning path introducing new employers to the Management of Health and Safety at Work Regulations 1999 (MHSWR). Understand your legal duties for risk assessment, appointing competent help, and establishing emergency procedures - the foundations of workplace health and safety management.
Who this guide is for
This learning path is for employers who are new to health and safety management. If you have recently taken on your first employee, or are about to, you need to understand your legal duties.
Even if you have employed people before, this guide will help you understand the legal framework that underpins everything you must do to keep your workers safe.
Understanding MHSWR 1999: Your management framework
The Health and Safety at Work etc. Act 1974 (HASAWA) is the overarching law that requires you to ensure the health, safety and welfare of your employees. But HASAWA does not tell you how to do this.
The Management of Health and Safety at Work Regulations 1999 (MHSWR) fills this gap. These regulations set out the practical duties you must fulfil to manage health and safety properly. They apply to every employer from day one, regardless of size or sector.
The three pillars of MHSWR
MHSWR covers several duties, but three form the foundation of your health and safety management system:
- Risk assessment (Regulation 3) - Identify hazards, evaluate risks, implement controls
- Competent assistance (Regulation 7) - Appoint someone to help you meet your duties
- Emergency procedures (Regulations 8-9) - Plan for serious and imminent danger
This journey takes you through each of these duties in turn, linking to detailed guides for implementation.
Assess your situation
Before diving into the requirements, consider your starting point. Your compliance effort should be proportionate to your actual risks.
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Conduct risk assessments
Risk assessment is the foundation of everything else. Until you know what hazards exist in your workplace and who might be harmed, you cannot properly manage health and safety.
Manage workplace risk assessments under MHSWR 1999
Understand your legal duties for risk assessment, the nine principles of prevention, when to review assessments, and the threshold for recording findings in writing.
Key points for new employers
- Risk assessment applies from day one - before your first employee starts work
- It does not need to be complicated - for low-risk workplaces, HSE templates are sufficient
- Focus on significant risks, not every conceivable hazard
- Involve your employees - they often know where the real dangers are
- Review when things change, after incidents, or at least annually
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Appoint a competent person
You do not have to be a health and safety expert yourself. Regulation 7 requires you to appoint one or more competent persons to help you meet your duties. In many cases, this can be you.
Appoint a competent person for health and safety
Understand what competence means, when you can be your own competent person, when to use external consultants, and how to check consultant credentials.
Key points for new employers
- The law prefers you to use someone from your own organisation rather than an external consultant
- For low-risk workplaces, you can often be the competent person yourself after completing HSE guidance
- You must give your competent person adequate time, information and resources
- If you use an external consultant, check their qualifications and insurance
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Establish emergency procedures
Once you have assessed your risks and have competent help in place, you must establish procedures for dealing with serious and imminent danger. This goes beyond fire evacuation to cover all emergencies that could threaten your workers.
Establish emergency procedures for your workplace
Understand your duties under MHSWR Regulations 8-9 for emergency planning, worker protection rights, restricting access to danger areas, and contacts with external services.
Key points for new employers
- Emergency procedures must cover all serious dangers, not just fire
- You must nominate sufficient competent persons to coordinate evacuation
- Workers have a legal right to stop work and reach safety - you cannot penalise them for evacuating
- You must arrange contacts with emergency services and ensure workers know how to summon help
- Test your procedures regularly and review after any incident
Check your compliance
Use this checklist to verify you have met your core MHSWR duties. Review this periodically and whenever your business changes.
Summary and next steps
You now understand the three core duties under the Management of Health and Safety at Work Regulations 1999:
- Risk assessment - Identify and control workplace hazards
- Competent assistance - Have someone to help you meet your duties
- Emergency procedures - Plan for serious and imminent danger
For most small, low-risk businesses, establishing these foundations takes hours, not days. The key is to start - a basic system you actually use is better than a perfect system that never gets implemented.
Beyond MHSWR: Other health and safety duties
MHSWR provides your management framework, but other regulations create specific duties. As a new employer, you should also ensure you have:
- Employers' liability insurance - A legal requirement from your first employee (minimum 5 million pounds cover)
- First aid provision - At minimum, an appointed person and first aid kit
- Fire safety arrangements - Covered by the Fire Safety Order 2005 (separate from MHSWR)
- Display Screen Equipment assessment - If workers use computers regularly