Ensuring a safe and healthy working environment is not optional for employers; it is a core legal duty under UK health and safety legislation. Several statutory requirements, most notably the Health and Safety at Work Act 1974, set out what employers must provide to protect employees, contractors and anyone affected by their operations.
This guide outlines the key obligations placed on employers, the protections available to employees, and the regulatory framework enforcing workplace safety standards across the UK.
Is Health and Safety Employment Law?
Yes, health and safety duties are firmly established in UK employment law. Section 2 of the Act mandates that employers must, as far as is reasonably practicable, ensure the health, safety, and welfare of all employees at work.
HSE also makes clear that the act applies to employers, employees, and certain self-employed people, and governs virtually all workplace environments across the UK.
As a result, compliance with health and safety requirements is not only essential for protecting staff but is a legal obligation enforceable through civil and criminal law.
What Is the Health and Safety at Work Act 1974?
The Health and Safety at Work Act 1974 (HASAWA) is the fundamental legislation that governs workplace safety in the UK. It outlines a broad framework of responsibilities for employers, including duties to protect employees, contractors, and members of the public who may be affected by work activities, as well as responsibilities for employees to follow.
The Act is supported by additional regulations covering specific workplace risks, such as the Workplace (Health, Safety and Welfare) Regulations 1992, Display Screen Equipment Regulations 1992 (amended in 2002), PPE Regulations 1992, and RIDDOR 1995.
What Are the Employer’s Responsibilities Under the Health and Safety at Work Act 1974?
Employers must take a proactive, structured approach to safety management. Key responsibilities include:
1. Providing a Safe Working Environment
The Act requires employers to maintain safe premises, work systems and equipment. HSE states that employers are responsible for providing and maintaining plant and work systems that are, as far as reasonably practicable, safe and pose no health risks.
2. Completing Risk Assessments and Managing Hazards
HSE guidance confirms that employers must assess risks and take steps to prevent harm as part of essential safety management.
3. Providing Training, Instruction and Supervision
Employers must ensure that staff receive adequate information and training to carry out their roles safely.
4. Meeting Workplace Welfare Standards
Under the Workplace (Health, Safety and Welfare) Regulations 1992, employers must provide:
- Adequate ventilation
- Suitable temperature and lighting
- Cleanliness and hygiene
- Drinking water
- Toilets and washing facilities
5. Protecting Display Screen Equipment (DSE) Users
The DSE Regulations 1992 (amended in 2002) require employers to assess workstation risks, provide appropriate equipment and offer eye tests for regular DSE users.
The DSE Regulations were updated in 2002 to reflect modern computer use, widening the definition of ‘DSE users’ and strengthening requirements for workstation assessments and safe display-screen practices.
6. Providing Personal Protective Equipment (PPE)
Under the PPE at Work Regulations 1992, employers must supply suitable PPE free of charge, ensure it fits correctly and provide training on its use.
The Personal Protective Equipment at Work Regulations were updated in 2022, extending PPE responsibilities beyond employees to include all ‘workers’, such as casual, agency, and zero-hours staff. Employers must now provide suitable PPE, free of charge, to this broader group and ensure it is adequately maintained, fitted, and supported with training.
7. Reporting Accidents and Incidents
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) require employers to report specified injuries, illnesses and dangerous events. RIDDOR 2013 replaced earlier versions (1995, etc.) and remains in force.
What Are Employee Responsibilities in a Safe Workplace?
Employees also have legal duties. HSE states that employees must:
- Take reasonable care for their own health and safety
- Cooperate with employers on safety measures
- To not misuse safety equipment
These duties support employers in maintaining compliance and ensuring that workplace safety is a collective responsibility.
HSE also notes that employees must comply with training requirements, report hazards, and work in a manner that supports the employer’s legal obligations.
Who Enforces Health and Safety Regulations?
This varies depending on your organisation type; HSE states it could be HSE, a local authority, or another enforcing body. HSE maintains a comprehensive list of organisations that enforce the regulations.
For employers, regulatory scrutiny can be both time-consuming and costly, particularly where compliance gaps are identified.
Complying with health and safety law is not only a statutory obligation for employers but a fundamental part of maintaining a safe, efficient and legally compliant workplace.
The requirements set out under the Health and Safety at Work Act 1974 and its associated regulations are extensive, and the consequences of non-compliance can be significant, ranging from regulatory enforcement to civil liability.
Taking a proactive approach to risk management, training, and workplace welfare is essential. Equally, ensuring that your organisation’s policies, procedures and reporting systems remain up to date with current legislation is key to protecting both your employees and your business.
How We Can Help You Stay Compliant
If you are uncertain about your obligations or need tailored support to ensure full compliance, our employment law specialists are here to assist.
Contact Harding Evans today for clear, practical advice.
