What Are An Employer’s Core Health And Safety Duties?

Summary

• Employers must protect the health, safety and welfare of staff as far as reasonably practicable.
• Businesses with five or more employees need a written policy and recorded risk assessments.
• Breaches can bring fines, imprisonment for individuals and reputational damage.
• This guide explains employer health and safety duties for businesses in the United Kingdom.
• LegalVision’s business lawyers specialise in advising clients on workplace health and safety law.

Tips for Businesses

Appoint a competent person to lead health and safety. Carry out and record risk assessments, then review them when conditions change. Train staff for their roles and consult them on safety. Keep employers’ liability insurance and log all incidents and near misses.

Health and safety law is a core legal duty that protects workers under United Kingdom legislation. The Management of Health and Safety at Work Regulations 1999 require businesses to assess and control risks. The Health and Safety Executive regulates compliance, issues guidance and takes enforcement action. Employers must protect the health, safety and welfare of staff and anyone affected by their activities. This duty applies to businesses of every size and sector. Breaches can lead to fines, prosecution and reputational harm. This article offers a high-level introduction to health and safety laws for employers, covering your core legal duties as an employer and practical steps and best practices to manage workplace risks.

What Laws Govern Health and Safety?

The main law governing workplace health and safety in the UK is the Health and Safety at Work etc. Act 1974 (Act). This Act sets out the core duties that apply to employers, directors, managers and employees.

The Act also provides the framework for more detailed health and safety rules. 

One of the most important supporting rules is the Management of Health and Safety at Work Regulations 1999. These regulations require your business to assess workplace risks and put appropriate systems in place to manage them.

The Health and Safety Executive (HSE) is the main regulator for workplace health and safety. It offers guidance, sets enforcement policies, and works to improve safety standards at work.

HSE inspectors can visit your workplace, investigate incidents, and take enforcement action when needed. In some industries, local authorities also enforce health and safety laws.

What Are Your Business’ Key Obligations?

Protecting Employees and Others

Your responsibility also covers anyone affected by your business activities. This includes: 

• contractors;
• customers; 
• visitors; and 
• members of the public.

The goal is to create a safe workplace for your staff and protect everyone affected by your business from harm.

Health and Safety Policy

If your business has five or more employees, you need a written health and safety policy. This policy should explain your approach to health and safety and describe the steps you take to manage workplace risks.

You should make sure your employees know about the policy and understand how it applies at work. Even if a written policy is not required, it can still be helpful for smaller businesses to have one.

Your policy should match the nature of your workplace, your industry, and the type of business you run.

Running Risk Assessments

You must assess the work-related risks your employees face, as well as the risks your activities create for others. The law requires you to carry out suitable and sufficient risk assessments.

In practice, you need to examine how work is actually done. Consider: 

• the workplace environment; 
• the equipment you use; 
• the substances you handle; and 
• how your team performs tasks.

Identify who could be harmed and how that harm might occur. Once you identify hazards, decide what steps you will take to remove or reduce the risks. This may involve: 

• changing work processes; 
• improving equipment; 
• introducing safety procedures; or 
• providing personal protective equipment.

If your business has five or more employees, you must record the key findings of your risk assessments.

Review and update your risk assessments regularly, especially when workplace conditions, equipment, or staff responsibilities change.

Depending on your business, you may also need to carry out specific assessments, such as fire risk assessments, display screen equipment assessments for computer users, or assessments for food preparation and cooking.

Managing Psychosocial Risks at Work

Health and safety duties cover more than physical hazards. Employers must also manage psychosocial risks. These are workplace factors that can harm mental health, such as heavy workloads, bullying, harassment and poor management of change.

The Management of Health and Safety at Work Regulations 1999 require you to assess these risks. The HSE expects employers to treat them as seriously as physical hazards. Its Management Standards cover six areas: demands, control, support, relationships, role and change.

Health and Safety Arrangements

Your business must set up suitable arrangements for planning, organising, controlling, monitoring, and reviewing health and safety. These arrangements are the systems your business uses to manage safety day-to-day.

Appointing Competent Persons

You need to appoint one or more competent people to help your business follow health and safety law.

A competent person is someone with the right knowledge and experience to spot hazards and suggest practical ways to control them.

Information and Training Considerations

You must give your staff clear information about workplace risks and how you control them. Training should be practical and match the work employees do. Provide training when:

• employees start; 
• change roles; or 
• take on new tasks and keep it up as needed, so everyone understands hazards and knows how to work safely. 

Training should also cover emergency procedures, like evacuations and other safety steps for your workplace.

You may also need to think about whether some workers need extra support or training, depending on their role or personal situation.

Consulting Your Staff 

You must consult employees on matters relating to workplace health and safety. In smaller businesses, consultation may take place directly with employees. In larger organisations, you may conduct consultation through health and safety representatives.

Consultation should be meaningful. You should listen to employees’ concerns, discuss the risks they face, and involve them in deciding how to control those risks. Employees often have valuable practical knowledge of their work and may suggest effective ways to manage risks.

Key Health and Safety Roles

You should also consider whether your business needs to appoint people to specific safety roles. Many businesses appoint a trained first aider who can respond to workplace injuries or medical emergencies. Also, ensure your workplace has a fully stocked first aid kit.

Some businesses also appoint a fire marshal. This person helps oversee fire safety, supports fire risk assessments, and coordinates evacuations. Fire marshals also check that fire safety equipment and signs are in place and help staff during emergencies.

Workplace Facilities

You must make sure your workers have access to suitable welfare facilities. This includes: 

• drinking water; 
• toilets; 
• washing facilities; 
• soap; and 
• towels or hand dryers.

Your workplace should also have a suitable place for staff to eat and rest. Your premises should be clean, well-ventilated, properly lit, and kept at a reasonable temperature. Workspaces should also have enough room for workstations and seating.

Home Workers

Your health and safety responsibilities also cover employees who work alone or from home. Lone workers are employees who work alone without close supervision. Because they work alone, they may face different risks than other workers.

Home workers are employees who work from home, using either their own equipment or equipment provided by the employer.

You should carry out risk assessments for both lone workers and home workers. Sometimes, this means discussing risks with the worker remotely.

You should provide these workers with appropriate training, supervision and information. Maintain regular contact with them and address any incidents or concerns promptly.

Your business has the same health and safety responsibilities for these workers as for employees who work on site.

Recording and Reporting Duties

If a workplace accident happens, it is important to investigate thoroughly. The goal is to identify the cause, understand the underlying factors, and implement measures to prevent it from happening again. Many workplaces keep an accident book to record these incidents.

You must also report certain incidents under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013.

Maintaining Insurance 

You must hold employers’ liability insurance. This insurance compensates employees who become ill or injured at work. You must ensure the policy provides at least £5 million of cover and is issued by an authorised insurer.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.