Management of Health and Safety at Work Regulations 1999
What this means for your business
- Applies to
- United Kingdom
- On this page
- 19 compliance obligations, 74 practical guides across 3 topics
What you must do
19 compliance obligations under this legislation — 17 can result in imprisonment.
Appointments 1
Appoint and manage competent persons to assist with health and safety
2 years imprisonmentYou must name one or more competent people who can help you meet your health‑and‑safety legal duties. Make sure they can work together, have enough time and resources for the job, and receive the information they need to keep your workers safe. This does not apply if you are a sole self‑employed trader who is competent himself, or a partnership where a competent partner is already in place.
Risk assessment 2
Assess and manage risks for pregnant or breastfeeding employees
2 years imprisonmentIf you have women of child‑bearing age and the work they do could harm the mother or her baby, you must carry out a specific risk assessment. If the assessment shows a risk that cannot be removed by other legal duties, you should reasonably change the employee’s duties or hours, and if that is not possible you must suspend her until the risk is gone.
Carry out, review and record risk assessments
2 years imprisonmentYou must produce a suitable and sufficient risk assessment of any health and safety hazards that affect your employees and anyone else who could be harmed by your work. The assessment must be kept up‑to‑date, especially if you employ a young person or if anything changes significantly, and if you have five or more staff you also need to record the key findings and note any groups at particular risk. This helps you identify the measures you need to put in place to stay compliant.
Management duties 11
Adjust or stop placement of pregnant agency workers to remove risk
2 years imprisonmentIf you use an agency worker who is pregnant or expecting, you must change her working conditions or hours to eliminate any identified health‑risk, provided that change is reasonable and would remove the risk. If you cannot reasonably make such a change, you must promptly tell the agency so they stop sending that worker to you.
Arrange contacts with external emergency services
2 years imprisonmentYou must make sure that any external services you need for first‑aid, emergency medical care or rescue work are set up and available. This means putting in place contracts, agreements or written procedures with the relevant providers so they can be called on quickly if an incident occurs.
Base preventive measures on the prescribed principles
2 years imprisonmentWhen you put any health‑and‑safety steps in place – for example new procedures, equipment or protective devices – you must base them on the set of prevention principles listed in Schedule 1 of the Management of Health and Safety at Work Regulations 1999. In practice this means checking those principles before you design or adopt any safety measure and keeping a record that you have done so.
Co‑operate, coordinate and share risk information with other employers
2 years imprisonmentIf your business shares a workplace with another employer (or self‑employed person), you must work together to help each other meet health‑and‑safety duties. This means aligning your safety measures with theirs and telling them about any risks your work creates for their staff.
Do not contract out of maternity health‑safety duties
If you employ a pregnant or new mother, you must keep the legal health‑and‑safety duties that protect her (Regulations 16, 16A, 17 and 17A) in full force. You cannot put any clause in a contract that tries to limit or waive liability for breaching those duties, and any breach can be sued by the mother. In practice this means reviewing employment and service contracts and making sure your workplace complies with the maternity‑related safety duties.
Make and record health and safety arrangements
2 years imprisonmentAs an employer you must put in place appropriate arrangements to plan, organise, control, monitor and review the preventive and protective measures for health and safety at work. The arrangements should be suitable for the nature and size of your business. If you have five or more employees you also need to keep a written record of those arrangements.
Notify agency and end night work for pregnant agency workers
If an agency worker who is a new or expectant mother is doing night shifts and a doctor or midwife issues a certificate saying she must not work those night periods, you must tell the temporary work agency straight away. The agency must then stop supplying that worker for the night work identified in the certificate.
Protect young persons from health and safety risks
2 years imprisonmentIf you employ anyone under 18, you must keep them safe from hazards that arise because they lack experience or maturity. This means you must not put them in work that is too physically or psychologically demanding, or that involves toxic substances, radiation, extreme temperatures, noise, vibration or other risks they may not recognise, unless they are properly trained, supervised and the risk is reduced as far as reasonably practicable.
Provide appropriate health surveillance for employees
2 years imprisonmentYou must arrange health monitoring for any staff where the risks identified in your workplace risk assessments mean it is needed. The surveillance should be suitable to the specific hazards each employee faces. This helps detect early signs of work‑related ill health and meets your legal duties.
Set up emergency procedures and train staff for serious danger
2 years imprisonmentYou must put in place clear steps to follow when there is a serious or imminent danger at work, name enough competent people to run any evacuation, and make sure anyone who needs to enter a restricted area has received proper health‑and‑safety instruction. In practice this means writing emergency plans, appointing trained staff and keeping training records.
Suspend night‑working pregnant employees on medical advice
2 years imprisonmentIf a woman who is pregnant or has recently had a baby works at night and a doctor or midwife issues a certificate saying she must not do night work for health or safety reasons, you must stop her from working during the period shown on the certificate. This suspension must continue for as long as the certificate says is necessary.
Other requirements 1
Use equipment safely and report health‑and‑safety hazards
2 years imprisonmentYour staff must only operate any machine, tool, substance or safety device that you have supplied in the way they were trained and instructed to do so. If they see anything that looks like an immediate danger or a weakness in your safety arrangements, they must tell you or the person responsible for health and safety straight away. This helps you keep the workplace safe and shows you are meeting legal duties.
Training 4
Provide health and safety information to employees and child workers' parents
2 years imprisonmentYou must give every employee clear, understandable information about the risks identified in the risk assessment, the steps taken to prevent or protect against those risks, the emergency procedures and who to contact for safety issues, as well as any risks that have been formally notified to you. If you are hiring a child, you must also give the same information to the child's parent before the child starts work. This helps staff and parents understand hazards and know who to turn to for help.
Provide health‑ and safety information to outside employers and self‑employed workers
2 years imprisonmentIf you take on staff who are actually employed by another company or you hire a self‑employed contractor, you must give the other employer (or the contractor) clear information about any health‑ and safety risks in your workplace and what you are doing to control them. You also need to supply instructions on evacuation procedures so everyone knows who to follow in an emergency.
Provide health & safety information to temporary workers
2 years imprisonmentIf you hire anyone on a fixed‑term contract or use an agency to supply staff, you must give them clear information about any special skills they need and any health‑surveillance they’re entitled to, before they start work. You also need to make sure any agency you use passes the same information on to its employees.
Provide health & safety training and match tasks to employee capability
2 years imprisonmentYou must check that each worker has the health‑and‑safety skills needed before you assign them a task. Then give them the right training when they start work and again whenever new risks appear – for example when they move to a new role, use new equipment, or a new technology or system of work is introduced. Training should be refreshed periodically and must take place during normal working hours.
Penalties for non-compliance
17 penalties under this legislation. 17 can result in imprisonment. 17 carry an unlimited fine.
Appoint competent persons to help with health and safety
Unlimited fine and/or 2 years imprisonment
Assess and manage risks for pregnant or new mothers
Unlimited fine and/or 2 years imprisonment
Carry out suitable risk assessments and keep records
Unlimited fine and/or 2 years imprisonment
Adjust or end agency work for pregnant/expectant mothers to remove risk
Unlimited fine and/or 2 years imprisonment
Arrange contacts with external first‑aid and emergency services
Unlimited fine and/or 2 years imprisonment
Base safety measures on the principles of prevention
Unlimited fine and/or 2 years imprisonment
Co‑operate and coordinate health and safety with other workplace users
Unlimited fine and/or 2 years imprisonment
Make and record health and safety arrangements
Unlimited fine and/or 2 years imprisonment
Protect young persons from health and safety risks at work
Unlimited fine and/or 2 years imprisonment
Provide appropriate health surveillance for employees
Unlimited fine and/or 2 years imprisonment
Set up emergency procedures and train staff for danger areas
Unlimited fine and/or 2 years imprisonment
Suspend night‑working expectant mothers if medically advised
Unlimited fine and/or 2 years imprisonment
Use equipment safely and report hazards
Unlimited fine and/or 2 years imprisonment
Provide employees (and parents of child workers) with health and safety information
Unlimited fine and/or 2 years imprisonment
Provide clear health and safety information to outside workers and their employers
Unlimited fine and/or 2 years imprisonment
Provide health‑and‑safety information to temporary workers
Unlimited fine and/or 2 years imprisonment
Provide adequate health & safety training for all employees
Unlimited fine and/or 2 years imprisonment
Practical guidance
Our guides explain how to comply with the requirements above.
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Compliance & Legal 29
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Sections and provisions
34 classified provisions from this legislation.
Duties 19
- s.3 Risk assessment employer
- s.4 Principles of prevention to be applied
- s.5 Health and safety arrangements employer
- s.6 Health surveillance employer
- s.7 Health and safety assistance The employer
- s.8 Procedures for serious and imminent danger and for danger areas area occupied by him
- s.9 Contacts with external services employer
- s.10 Information for employees employer
- s.11 Co-operation and co-ordination
- s.12 Persons working in host employers’ or self-employed persons’ undertakings
- s.13 Capabilities and training employer
- s.14 Employees’ duties employee
- s.15 Temporary workers employer
- s.16 Risk assessment in respect of new or expectant mothers
- s.17 Certificate from registered medical practitioner in respect of new or expectant mothers
- s.19 Protection of young persons employer
- s.22 Restriction of civil liability for breach of statutory duty
- Alteration of working conditions in respect of new Alteration of working conditions in respect of new or expectant mothers (agency workers)
- Certificate from registered medical practitioner i Certificate from registered medical practitioner in respect of new or expectant mothers (agency workers)
Definitions 3
- Schedule 2 CONSEQUENTIAL AMENDMENTS , there shall be substituted “ regulation 3 of the Management of Health and Safety at Work Regulations 1999 and particulars of the arrangements he has made in accordance with regulation 5(1) thereof. ”.The Suspension from Work (on Maternity Grounds) Order 1994*S.I. 1994/2930.In article 1(2)(b) for ““the 1992 Regulations , there shall be substituted, “ “the 1999 Regulations , there shall be substituted “ regulation 17 of the 1999 Regulations ”.. . .. . .. . .. . .. . .. . .The Escape and Rescue from Mines Regulations 1995S.I. 1995/2870.In regulation 2(1) for ““the 1992 Regulations
- s.20 Exemption certificates has the same meaning as in section 12(1) of the Visiting Forces Act 1952 ; b) “headquarters
- s.30 Transitional provision
Official guidance
Authoritative sources from regulators explaining this legislation.
- Key messages HSE Detailed Guidance
- Key messages HSE Detailed Guidance
- Self-employed worker HSE Detailed Guidance
- Why is it important to secure commitment to the Management Standards process? HSE Detailed Guidance
- Who should be part of a steering group? HSE Detailed Guidance
- What to communicate HSE Detailed Guidance
- What should be happening/States to be achieved: HSE Factsheet
- What should be happening: HSE Detailed Guidance
- Understand how the Management Standards translate to your organisation HSE Detailed Guidance
- Top tips from users: HSE Factsheet