Your health and safety legal obligations

As an employer, you have a legal duty to protect the health, safety and welfare of your employees and anyone else affected by your business activities. Failure to comply can result in criminal prosecution, unlimited fines, and imprisonment. This journey takes you through the key regulations you must follow.

Understand the legal framework

UK health and safety law is built on the Health and Safety at Work etc. Act 1974 (HASAWA), supplemented by the Management of Health and Safety at Work Regulations 1999 (MHSWR) and numerous specific regulations. Understanding this framework is essential before addressing individual hazards.

Your duties under HASAWA 1974

The primary legislation establishing your general duties to employees and others

Health and Safety at Work etc. Act 1974

The foundation of UK workplace health and safety law - your core legal duties.

The Health and Safety at Work etc. Act 1974 (HASAWA 1974) is the main law on workplace health and safety in Great Britain. It sets the legal framework for protecting the health, safety and welfare of people at work and of others affected by work activities. Northern Ireland has its own equivalent, the Health and Safety at Work (Northern Ireland) Order 1978.

Legal status: Primary legislation (Great Britain)
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: Employers, employees, some self-employed people, controllers of premises
Primary duty (Section 2): Employees' health, safety and welfare, so far as reasonably practicable
Duty to non-employees (Section 3): Contractors, visitors and the public affected by your work
Employee duties (Sections 7-8): Take reasonable care, co-operate, do not misuse safety equipment
Enforcement authority: HSE and local authorities
Maximum penalties: Unlimited fine; up to 2 years' imprisonment
Secondary regulations: Basis for MHSWR 1999, COSHH, Manual Handling and others

The Act uses the phrase "so far as is reasonably practicable" throughout. You must weigh the level of risk against the time, trouble and cost of controlling it. The test is weighted in favour of health and safety: a control measure is only not reasonably practicable if its cost is grossly disproportionate to the risk.

If you are self-employed and your work is of a description prescribed in regulations, the Act requires you to protect yourself and others who may be affected by your work. Self-employed people whose work poses no risk to others are generally outside this duty.

Health and Safety at Work etc. Act 1974 (legislation.gov.uk) (opens in a new tab)

HSE - Health and Safety at Work etc. Act 1974 guidance (opens in a new tab)

Management of Health and Safety at Work Regulations 1999

Secondary legislation that expands on HASAWA duties, particularly around risk assessment.

The Management of Health and Safety at Work Regulations 1999 (MHSWR) are made under the Health and Safety at Work etc. Act 1974. They require every employer to assess the risks to their employees and to others affected by their undertaking, and to put in place the arrangements to manage those risks. They apply in Great Britain. Self-employed people are covered by the risk assessment duty only if they conduct an undertaking of a prescribed description.

Came into force: 29 December 1999
Risk assessment (reg 3): Suitable and sufficient assessment of risks to employees and to others affected by the undertaking
Review (reg 3): If the assessment may be invalid or there is a significant change
Recording (regs 3 and 5): Findings and arrangements recorded if 5 or more employees
Arrangements (reg 5): Planning, organisation, control, monitoring and review of preventive and protective measures
Health surveillance (reg 6): Where the assessment identifies a risk to health
Competent persons (reg 7): Appoint one or more competent persons to assist with compliance
Serious and imminent danger (reg 8): Procedures, and competent persons to carry out evacuation
Information (reg 10): Comprehensible and relevant information on risks and measures
Training (reg 13): On recruitment and when risks change, repeated where appropriate, in working hours
New or expectant mothers (reg 16): Include the risk in the assessment where the work could involve risk to them or their baby
Young persons (reg 19): Protect from risks from lack of experience; assess before employing

HSE - Managing for health and safety (opens in a new tab)

Health and safety basics

Quick reference for essential H&S; requirements.

Written policy (5+ employees): Required in writing
Risk assessment: Required for all employers
Employers' Liability insurance: £5 million minimum cover
First aid provision: Equipment and people, based on assessed needs
Accident book (RIDDOR): Record injuries; report specified incidents to HSE

HSE - Getting started with health and safety (opens in a new tab)

Put the basics in place

You must protect the health, safety and welfare of your employees so far as is reasonably practicable. In practice, from your first employee:

hold employers' liability insurance of at least £5 million from an authorised insurer, and display the certificate where staff can see it
appoint one or more competent people, from inside or outside the business, to help you meet your duties
give staff clear information and training on the risks they face and how to stay safe
once you have five or more employees, write down your health and safety policy and record the significant findings of your risk assessments

Employers' liability insurance

Who needs it, the minimum cover and the exemptions.

Appoint a competent person for health and safety

Who can be your competent person and what they do.

Provide health and safety information to employees

The information and training staff must get.

hse.gov.uk

HSE guidance for employers (opens in a new tab)

Health and Safety Executive resources and guidance

Conduct risk assessments

Risk assessment is the cornerstone of health and safety management. You must identify hazards, evaluate risks, and implement control measures. If you have 5 or more employees, you must record your risk assessments in writing.

The 5-step risk assessment process

HSE's recommended approach to workplace risk assessment.

The Management of Health and Safety at Work Regulations 1999 require every employer, and every self-employed person whose work poses a risk to others, to make a suitable and sufficient assessment of the risks to their employees and to other people affected by the business. You identify the hazards, decide how likely it is that someone could be harmed and how seriously, and act to remove the hazard or control the risk.

Who must assess: Employers, and self-employed people whose work poses a risk to others
Whose risks: Your employees, and others affected by your business
Written record: Required if you have 5 or more employees
Review: When there is reason to think it is invalid or work changes significantly; no fixed interval
Competent help: Do it yourself or appoint a competent person to help
Consultation: Consult employees, directly or through safety representatives, on health and safety matters
HSE enforcement: Failure to assess can lead to prosecution and fines

HSE sets out the process in five steps:

identify the hazards
assess the risks
control the risks
record your findings
review the controls

Risk assessment guidance (opens in a new tab)

Manage risk assessments under MHSW 1999

Legal requirements for risk assessment under MHSWR including review triggers

Young workers - additional requirements

Extra risk assessment requirements when employing under-18s.

Before you employ anyone under 18, you must make or review your risk assessment with that person in mind, and protect them from risks that come from their lack of experience, lack of awareness of risks and immaturity.

Young person: Anyone under 18
Child: A person who is not over compulsory school age
What to take into account: Inexperience, lack of awareness of risks and immaturity; workplace layout; exposure to physical, biological and chemical agents; work equipment; how work is organised; the health and safety training they will get
Work you must not give them: Work beyond their physical or psychological capacity; harmful exposure to toxic or carcinogenic agents or to radiation; risks they cannot recognise or avoid through lack of experience or training; risk to health from extreme cold or heat, noise or vibration
Exception: A young person who is no longer a child may do such work where it is necessary for their training, a competent person supervises them and the risk is reduced as far as reasonably practicable
Parents of children: Before employing a child, give a parent comprehensible information on the risks, the protective measures and any risks notified by other employers sharing the workplace
Recording: Record significant findings, and any group of employees especially at risk, if you employ 5 or more people

Young people at work (opens in a new tab)

hse.gov.uk

HSE risk assessment templates (opens in a new tab)

Free risk assessment templates from the Health and Safety Executive

Meet fire safety requirements

Fire safety is covered by separate legislation - the Regulatory Reform (Fire Safety) Order 2005 in England and Wales. The 'responsible person' (usually the employer, owner or occupier) must conduct fire risk assessments and implement fire precautions. Fire safety failures can result in unlimited fines and up to 2 years' imprisonment.

The Regulatory Reform (Fire Safety) Order 2005

Primary fire safety legislation for England and Wales.

The Regulatory Reform (Fire Safety) Order 2005 is the main fire safety law for non-domestic premises in England and Wales. It replaced fire certification under the Fire Precautions Act 1971 with a general duty to ensure, so far as is reasonably practicable, the safety of employees, a duty to take the fire precautions reasonably required to keep premises safe for other people, and a duty to carry out a fire risk assessment.

Where it applies: England and Wales only; Scotland and Northern Ireland have separate fire safety law
In force from: 1 October 2006
Premises covered: Non-domestic premises, including workplaces, commercial and public buildings and the common parts of multi-occupied residential buildings
Responsible person: The employer for a workplace they control to any extent; otherwise the person who controls the premises for a business or other undertaking; failing that, the owner
Main duties: A fire risk assessment, fire precautions, means of escape, fire detection and warning, firefighting equipment, emergency lighting and staff training
Enforcing authority: Usually the local fire and rescue authority; HSE for construction sites and ships under construction or repair
Offences: On indictment a fine, up to 2 years in prison, or both; on summary conviction a fine up to the statutory maximum

Fire safety in the workplace (opens in a new tab)

Who is the responsible person?

Understanding who has fire safety duties in different premises.

The responsible person carries the duties for fire safety in non-domestic premises under the Regulatory Reform (Fire Safety) Order 2005. Article 3 defines who that is.

Workplace: The employer, if the workplace is to any extent under their control
Other premises: The person who has control of the premises in connection with a trade, business or other undertaking, for profit or not
Owner: Where the person in control does not have control in connection with a trade, business or other undertaking
Charging employees: An employer may not charge employees for anything done or provided under the Order (Article 40)

More than one responsible person

Where two or more responsible persons share, or have duties in respect of, premises, each must cooperate with the others, take all reasonable steps to coordinate their fire safety measures, and inform the others of the risks arising from their undertaking (Article 22). Since 1 October 2023 each must also take reasonable steps to find out whether another responsible person shares the premises, and tell them their name, a UK address for notices and the part of the premises they are responsible for.

Meet fire safety requirements for business premises

Practical fire safety measures, equipment, and training requirements

Fire risk assessment requirements

The 5-step fire risk assessment process.

If you are the responsible person for business premises, or for the common parts of a block of flats, in England or Wales, you must carry out a fire risk assessment. This is a legal duty under article 9 of the Regulatory Reform (Fire Safety) Order 2005.

Legislation: Regulatory Reform (Fire Safety) Order 2005 (England and Wales)
Who must comply: The responsible person: employer, owner, landlord or occupier
Written record: Required for all premises since 1 October 2023
Review frequency: Regularly, and after any significant change
Enforcement: Local fire and rescue authorities
Penalties for non-compliance: Unlimited fine and up to 2 years' imprisonment

Since 1 October 2023 you must record every fire risk assessment and review in writing, whatever the size of your business. Before then, only businesses with 5 or more employees had to keep a written record. The record must include the findings of the assessment, the fire safety measures you have taken or plan to take, and any group of people the assessment identifies as especially at risk.

Local fire and rescue authorities enforce fire safety law. They can issue enforcement notices requiring improvements and prohibition notices restricting or stopping the use of premises, and they prosecute serious breaches. Penalties include an unlimited fine and imprisonment.

Fire safety risk assessment - 5-step checklist (opens in a new tab)

Fire Safety Act 2021 amendments

Extended scope covering external walls and flat entrance doors.

The Fire Safety Act 2021 clarified the scope of the Fire Safety Order 2005 following the Grenfell Tower fire. It confirms that responsible persons in multi-occupied residential buildings must assess fire risks relating to external walls and flat entrance doors.

Commenced (England): 16 May 2022
Commenced (Wales): 1 October 2021
Applies to: Multi-occupied residential buildings (blocks of flats, HMOs)

Extended scope

The Order now explicitly covers:

Building structure in multi-unit residential buildings
External walls including cladding, balconies, and anything attached to exterior
All doors between domestic premises and common parts (flat entrance doors)
Common parts of multi-occupied buildings

Practical implications

Fire risk assessment must include external walls and cladding systems
Flat entrance doors must be assessed as part of fire strategy
Compartmentation integrity must be considered
May need specialist external wall assessments (EWS1 surveys)

Fire safety penalties

Criminal penalties for non-compliance - unlimited fines and imprisonment.

Failing to comply with fire safety duties is a criminal offence where the failure places people at risk of death or serious injury in case of fire. Failing to comply with an alterations notice requirement, an enforcement notice or a prohibition notice is also an offence.

Magistrates' Court - fine: Unlimited
Magistrates' Court - imprisonment: None (fine only)
Crown Court - fine: Unlimited
Crown Court - imprisonment: Up to 2 years

Who can be prosecuted

The responsible person, and anyone else with control of the premises (article 5(3)), for breaches of the fire safety duties in articles 8 to 22B and 38.
Directors and other officers, personally, if the offence was committed with their consent or connivance or was attributable to their neglect.
Employees, for their own breaches of article 23. They face a fine only, not imprisonment.

Enforcement notices

The enforcing authority can issue:

An alterations notice. Once one is served, you must tell the authority before making a change that may significantly increase the risk, such as a change to the premises, its services, fittings or equipment, the quantity of dangerous substances, or the use of the premises.
An enforcement notice, which requires you to put things right within the period it sets, at least 28 days from service.
A prohibition notice, which prohibits or restricts use of the premises. It takes effect immediately where the authority states that the risk of serious personal injury is imminent, and otherwise at the end of the period it specifies.

Failing to comply with any of these notices is a criminal offence. In the Crown Court it carries an unlimited fine, up to 2 years' imprisonment, or both.

The fire and rescue authority enforces the Order in most premises. The Health and Safety Executive enforces it in workplaces that are, or are on, a construction site (article 25).

Appeals

You can appeal an alterations notice, enforcement notice or prohibition notice to the magistrates' court within 21 days from the day the notice is served. An appeal suspends an alterations notice or enforcement notice until it is decided. It does not suspend a prohibition notice unless the court directs.

Appeal venue: Magistrates' court
Appeal deadline: Within 21 days of service
Enforcement notice period: At least 28 days

gov.uk

Fire safety risk assessment guides by premises type (opens in a new tab)

Sector-specific fire safety guidance from GOV.UK

Provide first aid at work

The Health and Safety (First-Aid) Regulations 1981 require you to provide adequate first aid provision based on an assessment of your workplace needs. This includes trained first aiders, first aid equipment, and appointed persons when first aiders are absent.

Provide first aid at work

First aid needs assessment, personnel, equipment and training requirements

hse.gov.uk

HSE first aid guidance (opens in a new tab)

Detailed HSE guidance on first aid provision

Provide personal protective equipment (PPE)

The Personal Protective Equipment at Work Regulations 1992, as amended in 2022, require employers to provide PPE free of charge when risks cannot be adequately controlled by other means. PPE is always the 'last resort' - you must first try to eliminate or reduce risks through other control measures.

Comply with PPE regulations

When PPE is required, employer duties, suitability assessment, and maintenance

hse.gov.uk

HSE PPE guidance (opens in a new tab)

Detailed guidance on PPE selection, use and maintenance

Manage manual handling risks

The Manual Handling Operations Regulations 1992 require you to avoid hazardous manual handling where possible, assess risks where avoidance isn't possible, and reduce the risk of injury. Manual handling injuries remain one of the most common causes of workplace injury.

Comply with manual handling regulations

The hierarchy of controls, TILE risk assessment, and weight guidance

hse.gov.uk

HSE manual handling guidance (opens in a new tab)

Detailed guidance including MAC and RAPP assessment tools

Protect DSE users

The Health and Safety (Display Screen Equipment) Regulations 1992 protect workers who regularly use computers, laptops, tablets and other display screens. You must assess workstations, provide training, and fund eye tests for DSE users.

Comply with DSE regulations

DSE user definition, workstation assessment, eye tests and breaks

hse.gov.uk

HSE DSE guidance (opens in a new tab)

Workstation setup guidance and self-assessment checklist

Control noise exposure

The Control of Noise at Work Regulations 2005 protect workers from hearing damage caused by noise exposure. You must assess noise levels, take action at specific exposure levels, and provide hearing protection. Noise-induced hearing loss is irreversible.

Comply with noise at work regulations

Exposure action values, employer duties, and health surveillance requirements

hse.gov.uk

HSE noise at work guidance (opens in a new tab)

Noise assessment tools and control measures

Manage work at height safely

The Work at Height Regulations 2005 apply to any work where someone could fall and injure themselves. Falls from height remain the largest cause of workplace fatalities. You must avoid work at height where possible, and where it cannot be avoided, prevent falls using the right equipment.

Comply with work at height regulations

Definition, hierarchy of controls, competent persons and equipment selection

hse.gov.uk

HSE work at height guidance (opens in a new tab)

Detailed guidance on ladders, scaffolds, and MEWPs

Ensure electrical safety

The Electricity at Work Regulations 1989 require you to prevent danger from electrical systems in the workplace. This includes maintaining electrical systems, ensuring work is done by competent persons, and preventing live working except where absolutely necessary.

Electrical safety in your business premises

If you employ anyone or control business premises, you must keep electrical systems safe under the Electricity at Work Regulations 1989.

hse.gov.uk

HSE electrical safety guidance (opens in a new tab)

Detailed guidance on electrical safety at work

Keep health and safety records

Good record keeping is essential for demonstrating compliance and protecting yourself in the event of claims or prosecutions. Different types of H&S records have different retention periods - some must be kept for 40 years.

Health and safety records retention

Minimum retention periods for different H&S; records.

Health surveillance records (COSHH): 40 years
Health surveillance rationale: Reflects long latency of occupational illnesses
Accident book / first aid records: 3 years minimum
Serious incidents: Longer retention required
Authority: HSE

hse.gov.uk

RIDDOR reporting (opens in a new tab)

Report serious workplace accidents, diseases and dangerous occurrences

Understand HSE enforcement

The Health and Safety Executive (HSE) and local authorities enforce health and safety law. Inspectors can visit without notice, issue improvement or prohibition notices, and prosecute for serious breaches. Understanding enforcement helps you prepare for inspections and respond appropriately.

HSE enforcement powers

What HSE inspectors can do during visits and investigations.

Inspector entry powers: Can enter premises without warrant at any reasonable time
Improvement notice compliance: Minimum 21 days to comply
Prohibition notice effect: Immediate stop work until risk eliminated
Fee for Intervention (FFI) rate: £188 per hour (from 1 April 2026)
FFI payment period: 30 days (or dispute within 21 days)
Maximum fine (summary): Unlimited
Maximum fine (indictment): Unlimited
Maximum imprisonment: 2 years for serious breaches
Corporate manslaughter: Unlimited fine + remedial orders

hse.gov.uk

What to expect from an HSE inspection (opens in a new tab)

HSE guidance on what happens during workplace inspections

Staying compliant

Health and safety compliance is an ongoing responsibility. Regulations evolve, your workplace changes, and new hazards emerge. Build health and safety into your management systems, consult with employees, and review your arrangements regularly.

hse.gov.uk

HSE news and updates (opens in a new tab)

Stay informed about new guidance and enforcement priorities

Meet workplace health and safety requirements

Your health and safety legal obligations

Understand the legal framework

Put the basics in place

Conduct risk assessments

Meet fire safety requirements

Provide first aid at work

Provide personal protective equipment (PPE)

Manage manual handling risks

Protect DSE users

Control noise exposure

Manage work at height safely

Ensure electrical safety

Keep health and safety records

Understand HSE enforcement

Staying compliant

Next steps

File your first Self Assessment tax return

Manage your tax compliance

Growing your business

Related journeys

Manage your employees

Health and safety for new employers

Health and safety compliance checklist

Fire safety for new business premises