Guidance produced with Acas, HSE and Health, Work and Well-being summarising employers' legal obligations to reduce and prevent work-related stress
The purpose of health and safety law is to ensure a safe working environment for employees. In the UK, this requires employers to meet health and safety obligations, predominantly covered by the Health and Safety at Work Act 1974 (HSWA).
This factsheet looks at HSWA and associated legislation, examining employers’ health and safety obligations which include carrying out risk assessments, publishing a health and safety policy, appointing health and safety representatives, and providing safety information and training. The factsheet offers guidance on writing a health and safety policy and employers' duties at the place of work. It concludes by looking at the reporting of accidents and diseases at work.
Ensuring that employees are safe and healthy at work is one of the fundamental requirements of an employer. Although the law on this issue is extensive, it’s important that employers' view health and safety as a basic part of employment provision and not something that has to be addressed just because of the law.
We believe that investing in and supporting employees’ health and well-being should be seen by employers as an end in itself and not just linked to legal compliance or the business case for staff well-being, such as reducing staff sickness absence levels. Employers owe a duty of care to all their workers and their people management practices should reflect this.
What is health and safety at work?
Health and safety at work encompasses a wide range of duties and initiatives aimed at maintaining a safe working environment for employees. There are many relevant pieces of legislation and case law which impose legal duties on matters ranging from the provision of insurance and written policies on health and safety to education and training for staff, risk assessments and inspections. In addition there are numerous initiatives and guidance aimed at promoting a holistic, proactive approach to health and well-being issues at work, improving employees’ work performance and reducing sickness absence. Health and safety is sometimes also used as an excuse to justify not permitting some activity when in fact health and safety legislation does not apply.
In the UK, the Health and Safety Executive is the government agency which decides on and implements health and safety policy.
The UK law on health and safety at work
Although there are a vast number of different statutes governing safety issues, health and safety at work in the UK isn’t governed just by legislation. Under ‘common law’, all employers have a duty of care obligation to protect their employees. There’s also a term implied into all employment contracts requiring employers to take care of their employees’ health and safety. For example, employers must:
- provide a safe place of work
- provide a safe system of work
- provide adequate plant and equipment
- recruit competent and safety conscious staff.
If an employer fails to take reasonable care in any of these areas, an employee may be able to make a number of claims, including resigning and claiming constructive unfair dismissal and personal injury. Breach of some duties by the employer, for example failure to provide insurance, is a criminal offence.
Employees, too, have responsibilities and should work with their employer to develop a safe place of work.
Main UK legislation
All employers have legal responsibility under the Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 to ensure the health, safety and welfare at work of their employees. This includes minimising the risk of stress-related illness or injury to employees.
The Health and Safety at Work Act 1974 (HSWA) covers all workplaces, and says that an employer must do everything reasonably practicable to provide a safe and healthy workplace with adequate welfare facilities. The HSWA has been supported and extended by various sets of statutes, regulations, codes of practice and guidance, all of which deal with various aspects of health and safety.
The Management of Health and Safety at Work Regulations 1999 set out in more detail what employers are required to do to manage health and safety under HSWA. Like the Act, they apply to every work activity. The main requirement on employers is to carry out risk assessments - vigilant examinations of what could cause harm to people in the workplace. Their purpose is to allow the employer to assess whether it has taken sufficient precautions to prevent damage and injury. Other regulations require action in response to particular hazards, or in industries where hazards are particularly high.
The Working Time Regulations 1998 are also an important piece of health and safety legislation. Our factsheet on working hours and time off work gives more information, and CIPD members can find more detail in our Working Time Regulations law Q&As.
Smoke-free legislation bans smoking in nearly all enclosed workplaces, although the law doesn’t apply to e-cigarettes.
The Corporate Manslaughter and Corporate Homicide Act 2007 allows a company to be convicted if it’s proved there was a gross breach of an organisation’s duty of care to those who died by its senior management. Convictions can lead to an unlimited fine, and court orders requiring the organisation to improve its procedures. Individuals within a company can also be prosecuted for gross negligence manslaughter.
Guidance on health and safety issues and Approved Codes of Practice (ACOPs) are published by Health and Safety Executive (HSE). The ACOPs have special legal status: if employers fail to follow them and are then prosecuted for breaches of health and safety law, the court will find against the employer, unless they can show that they have complied with the law in some other way. Following the guidance is not compulsory but is strongly advised.
A list of relevant legislation, as well as guidance, is on the HSE website.
UK employers’ health and safety obligations
In the UK, employers’ duties to provide a safe and healthy working environment arise from the core principles of negligence, contract, and the numerous specific statutory duties referred to above.
As a minimum, employers should:
- publish a health and safety policy
- take out and maintain a compulsory insurance policy, known as Employers' Liability Insurance, which covers employees against accidents and ill health
- arrange for the appointment of health and safety representatives
- establish a health and safety committee if requested by a recognised trade union
- appoint a competent person to evaluate risks and hazards
- arrange periodic risk assessments
- consult with employee health and safety representatives
- inform staff of risks and steps taken to protect them
- provide adequate safety training to address risks, as appropriate
- comply with the updated provisions concerning health and safety posters and leaflets
- monitor and improve safety arrangements
- adapt work to the individual especially with respect to the design of workplaces
- establish procedures to be followed in the event of serious and imminent danger to persons working in the organisation
- provide comprehensible and relevant health and safety information.
Producing a policy
Under the HSWA, all employers with more than five employees must have a written health and safety policy. In cases of flagrant disregard of this requirement, enforcement officers may issue improvement notices which, if contravened, ultimately lead to potential sanctions of criminal penalties, including large fines and imprisonment. Employers with fewer than five employees may still find it useful to put their health and safety procedure into writing.
A health and safety policy can be concise, yet still effective. It must:
- demonstrate a commitment to managing health and safety
- be workable
- contain a general statement of intent to provide a safe and healthy working environment
- be easily accessible and communicated to all employees
- give details of health and safety responsibilities and name key individuals
- cover the systems and procedures in place
- refer to other documents where appropriate
- cover risk assessments
- include arrangements for employee consultation, maintaining equipment, safe handling of substances
- explain arrangements for training, supervision, accidents, first aid and emergencies
- address stress, and alcohol and drug misuse.
Policies should be produced after consultation with employees and after conducting surveys on staff attitudes to health and safety. They should be applied uniformly and there should be a system for regularly monitoring and reviewing the policy to ensure that it complies with current legislation.
The HSE provides further guidance on writing a health and safety policy.
Employers’ duties at a place of work
Key examples of the employer’s duties with respect to a place of work include:
- Under section 2 of HSWA, employers have an obligation to provide and maintain systems of work and a working environment which are, as far as is reasonably practicable, safe and without risk to health. The duty extends to providing maintenance of safe plant and systems of work, information, training, supervision and adequate support.
- Under the Occupiers Liability Act 1957, duties arise to provide employees and other visitors with a safe place of work.
- All organisations must take precautionary measures to control fire risks, provide fire escape routes and training, and carry out fire safety risk assessments; those with five or more employees have additional record keeping responsibilities.
- Under smoke-free legislation, display ‘no smoking’ signs in all enclosed workplaces and shared vehicles.
- The Workplace (Health, Safety and Welfare) Regulations 1992 lay down minimum standards for workplaces and work in or near buildings. Employer’s duties include:
- maintaining the workplace, equipment, devices and systems
- providing ventilation by ensuring a sufficient quantity of fresh and purified air
- maintaining a reasonable temperature, and the provision of thermometers
- ensuring suitable, sufficient and natural light so far as is reasonably practicable
- providing a clean workplace where waste materials must not be permitted to accumulate
- providing sufficient floor area, height and unoccupied space
- providing suitable and sufficient sanitary conveniences at readily accessible places.
Inspectors from the local authority's Environmental Health Department, or the HSE, are responsible for enforcing health and safety law, and organisations can be prosecuted for breaches. All workplaces must be registered with either of these two bodies. Employees can report any breaches of the legislation or seek advice from them.
Every employer must make a regular assessment of its premises to assess a number of risks. There are many detailed regulations that require risks in different industries to be assessed and the HSE provides a variety of useful guidance.
In a simple workplace, such as a typical office, a risk assessment should be straightforward It may only be complicated if dealing with serious hazards in particular types of sectors, such as those on a nuclear power station, a chemical plant, laboratory or an oil rig.
Risk assessments must include, for example:
- measures needed to comply with the health and safety fire precautions
- assessment of the risks to young people, taking immaturity and other factors into account
- assessment of risks to new and expectant mothers - failure to carry out such assessments can amount to sex discrimination.
Typical risk assessments are:
- assessment of noise levels
- safety audits to identify potential hazards
- handling and lifting heavy loads.
Following a risk assessment, employers must:
- record the significant findings of their risk assessments
- make arrangements to implement any health and safety measures identified as necessary by the risk assessment
- set up emergency procedures
- appoint competent people to help implement the arrangements
- provide clear information and training to employees
- work together with other employers sharing the same workplace.
Accidents and disease at work
The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1985 (known as RIDDOR) require employers to report any of the following to the HSE or the local council immediately:
- fatal accidents
- major injury or conditions which require medical treatment
- dangerous occurrences.
Other matters should be reported quickly, by telephone preferably, followed by a written report within seven days. These are:
- accidents that prevent a worker from doing their normal work for more than three days
- certain work-related diseases (poisoning, lung diseases, infections and other conditions must be reported when linked to specified types of work)
- certain gas incidents.
Employers are legally obliged to provide first-aiders and inform all employees of the arrangements for getting first aid. Treatment of injured workers must be addressed without delay by an appointed first-aider.
An employer must record all workplace injuries, diseases, dangerous occurrences, or certain near accidents in an accident book. Employees must also report any accidents or illnesses caused by work and record the details in the accident book.
Useful contacts and further reading
HENMANS FREETH LLP. (2015) Health & safety at work essentials: the one-stop guide to health and safety issues in the workplace. 9th rev ed. Lawpack Publishing.
STRANKS, J. (2016) Health and safety at work: an essential guide for managers. 10th ed. London: Kogan Page.
Tolley's health and safety at work handbook 2016 (2015). 28th ed. London: Tolley.
Visit the CIPD and Kogan Page Bookshop to see all our priced publications currently in print.
Is health and safety being weakened? (2015) Labour Research. Vol 104, No 1, January. pp16-18.
No mixing it – keep it straight at work over drink and drugs. (2017) Workplace Report. March. pp18-19.
Taking care of employees travelling abroad. (2016) IDS Employment Law Brief HR. No 1041, March. pp11-18.
Will worker protection be safe in their hands? (2016) Labour Research. Vol 105, No 10, October. pp19-21.
CIPD members can use our online journals to find articles from over 300 journal titles relevant to HR.
Members and People Management subscribers can see articles on the People Management website.
This factsheet was last updated by by Lisa Ayling, solicitor and employment law consultant, and by Ben Wilmott.
Ben Willmott: Head of Public Policy
Ben leads the CIPD’s Public Policy team, which works to inform and shape debate, government policy and legislation in order to enable higher performance at work and better pathways into work for those seeking employment. His particular research and policy areas of interest include employment relations, employee engagement and well-being, absence and stress management, and leadership and management capability.
Ben joined the CIPD in 2003. He started his career in regional journalism and prior to joining the CIPD was news editor and employment law editor at Personnel Today magazine. He has an LLM in Employment law from Kingston University.
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