Employer Health and Safety Duties: A Complete Guide

As an employer in the UK, you have comprehensive legal duties to protect the health, safety, and welfare of your employees and others affected by your work activities. These duties are set out in the Health and Safety at Work etc. Act 1974 (HSWA 1974), particularly Sections 2-4.

Understanding and fulfilling these duties is not optional. Failure to comply can result in enforcement action, prosecution, unlimited fines, and even imprisonment for directors. More importantly, it can lead to serious injury, ill health, or death.

What are employer duties under the HSWA 1974?

The HSWA 1974 places legal duties on employers in three main sections:

• Section 2: Duties to employees
• Section 3: Duties to non-employees affected by your work
• Section 4: Duties for those controlling premises

All these duties are qualified by the phrase "so far as is reasonably practicable" — meaning you must weigh the risk against the cost and effort of controlling it. However, this is not a loophole. If a risk is significant and controls are standard practice, you must implement them regardless of cost.

Section 2: Employer duties to employees

Section 2 is the cornerstone of employer obligations. Section 2(1) states:

"It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees."

This is a comprehensive duty covering:

• Health — physical and mental health, including occupational diseases and work-related stress
• Safety — preventing injuries from accidents, violence, and dangerous occurrences
• Welfare — providing facilities and arrangements for employees' wellbeing at work

Section 2(2): Specific requirements

Section 2(2) breaks down the general duty into specific areas. As an employer, you must provide:

1. Safe plant and systems of work

"Plant" includes all equipment, machinery, tools, and appliances.

"Systems of work" means the way work is organised and carried out, including procedures, methods, and sequences of operations.

What this means in practice:

• All equipment must be suitable, properly maintained, and safe to use
• Regular inspection, testing, and maintenance regimes must be in place
• Safe working procedures must be developed, documented, and followed
• Work must be planned and supervised to ensure systems are followed

Examples:

• Machinery has necessary guards and safety devices
• Ladders and access equipment are inspected before use
• Vehicles are maintained and drivers are competent
• Hand tools are in good condition and fit for purpose

2. Safe use, handling, storage, and transport of articles and substances

You must ensure that materials, products, and substances are managed safely throughout their lifecycle in your workplace.

What this means in practice:

• Conduct risk assessments for hazardous substances (COSHH assessments)
• Provide safe storage facilities (locked cabinets, segregation, ventilation)
• Ensure safe handling procedures (manual handling assessments, mechanical aids)
• Implement safe transport and disposal methods
• Maintain safety data sheets and make them accessible
• Monitor exposure to hazardous substances where required

Examples:

• Chemicals stored in appropriate containers with proper labelling
• Manual handling aids provided for heavy or awkward loads
• Asbestos-containing materials identified and managed
• Waste disposed of safely and legally
• Flammable materials stored away from ignition sources

3. Information, instruction, training, and supervision

Employees must know how to work safely. This requires a systematic approach to competence and supervision.

Information:

• Risk assessment findings communicated clearly
• Safety data sheets and product information available
• Emergency procedures displayed and explained
• Safety signs, notices, and warnings in place

Instruction:

• Clear, specific instructions for tasks and equipment
• Written procedures and safe systems of work
• Method statements for higher-risk activities
• Job-specific safety briefings

Training:

• Induction training for all new employees
• Specific training for particular roles, equipment, or hazards
• Refresher training at appropriate intervals
• Training records maintained
• Competence assessed, not just attendance recorded

Supervision:

• Adequate supervision, especially for new, young, or inexperienced workers
• Competent supervisors who understand safety requirements
• Active monitoring to ensure safe systems are followed
• Correction of unsafe behaviours and practices

4. Safe workplace with safe access and egress

The workplace itself — the building, structure, and environment — must be safe, with safe ways in and out.

What this means in practice:

Workplace safety:

• Structurally sound buildings and floors
• Adequate space for safe movement and work
• Suitable temperature, lighting, and ventilation
• Clean and well-maintained premises
• Slip, trip, and fall hazards managed

Access and egress:

• Safe entrances and exits, kept clear and accessible
• Adequate emergency exits, clearly marked
• Safe stairs, ramps, and walkways
• Suitable access for people with disabilities
• Routes kept clear of obstructions

Examples:

• Emergency exits unlocked during working hours
• Fire doors not propped open or obstructed
• Walkways clear of cables, materials, or obstructions
• Adequate lighting in all areas, including routes
• Floors in good repair, free from holes or loose materials

5. Safe working environment and adequate welfare facilities

Beyond physical safety, you must provide a working environment that doesn't harm health, along with basic welfare facilities.

Working environment:

• Suitable temperature (minimum 16°C for sedentary work, 13°C for physical work)
• Adequate ventilation (fresh or purified air)
• Sufficient lighting (natural and artificial)
• Reasonable noise levels (hearing protection where needed)
• Control of harmful fumes, dusts, or vapours
• Space (minimum 11 cubic metres per person)

Welfare facilities:

• Toilets (adequate number, clean, properly maintained)
• Washing facilities (soap, hot and cold water, drying facilities)
• Drinking water (readily accessible, clearly marked)
• Rest facilities (somewhere to eat meals, rest during breaks)
• Facilities for pregnant and nursing mothers
• Changing rooms and lockers (if work clothing required)

Section 2(3): Written health and safety policy

If you employ 5 or more people, you must:

1. Prepare a written health and safety policy
2. Bring it to the attention of all employees
3. Review and revise it as necessary

The policy must contain three elements:

1. General policy statement

• Your commitment to health and safety
• Overall objectives and aims
• Signed by the most senior person in the organisation

2. Organisation

• Who is responsible for what
• Names and roles of key people
• Reporting structures and accountability

3. Arrangements

• How you manage specific risks
• Systems, procedures, and processes in place
• Reference to risk assessments, training, monitoring, etc.

Section 2(4-7): Employee consultation and representation

Employers must consult with employees about health and safety matters.

If you have recognised trade unions:

• Unions can appoint safety representatives
• You must consult with these representatives on health and safety matters
• Safety representatives have rights to inspect, investigate, and receive information
• You must establish a safety committee if requested by two or more safety representatives

If you don't have recognised trade unions:

• You must still consult with employees or their elected representatives
• This is required under the Health and Safety (Consultation with Employees) Regulations 1996
• You can consult directly or through elected representatives of employee safety (RoES)

Consultation must cover:

• Introduction of measures affecting health and safety
• Arrangements for appointing competent persons
• Health and safety information that must be provided
• Planning and organisation of health and safety training
• Health and safety consequences of new technologies

Section 3: Duties to non-employees

Section 3 extends your duties beyond your employees to anyone who might be affected by your work activities.

Section 3(1) states:

"It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety."

Who does this cover?

• Members of the public — people near your premises or work activities
• Visitors — clients, customers, delivery drivers
• Contractors — those working on your site but not employed by you
• Temporary workers — agency staff, casual workers
• Volunteers — people helping without pay
• Neighbouring businesses — others who share the building or area
• Students or pupils — in educational settings
• Patients or service users — in healthcare or social care

What does this mean in practice?

You must:

1. Identify who might be affected by your work

   • Consider all activities, including maintenance, deliveries, waste disposal
   • Think about both routine operations and occasional activities

2. Assess the risks to these people

   • Include them in your risk assessments
   • Consider their vulnerability (e.g., children, elderly, disabled)
   • Think about what they know (or don't know) about the risks

3. Implement appropriate controls

   • Barriers, fencing, signage
   • Timing work to avoid busy periods
   • Providing information and instructions
   • Supervision and monitoring

4. Provide necessary information

   • Warning signs and notices
   • Safety briefings for visitors and contractors
   • Emergency procedures
   • Safe systems of work

Examples:

• Construction site secured to prevent public access
• Retail premises with non-slip flooring and clear walkways
• Office building with safe access for deliveries
• Care home protecting residents from maintenance work
• School protecting pupils during building works

Section 3(2): Self-employed persons

If you're self-employed, you have similar duties:

• Protect yourself from risks arising from your work
• Protect others who might be affected by your work activities

This applies even if you work alone or have no employees.

Section 3(3): Information to non-employees

If you control premises, you must provide information about risks to people not employed by you who are working there or using the premises.

Section 4: Duties of those in control of premises

Section 4 applies to anyone who has control over work premises, including landlords, building owners, managing agents, and occupiers who share premises.

Section 4(2) states:

"It shall be the duty of each person who has, to any extent, control of premises to which this section applies or of the means of access thereto or egress therefrom or of any plant or substance in such premises to take such measures as it is reasonable for a person in his position to take to ensure, so far as is reasonably practicable, that the premises, all means of access thereto or egress therefrom available for use by persons using the premises, and any plant or substance in the premises or, as the case may be, provided for use there, is or are safe and without risks to health."

Who does this affect?

• Landlords — of commercial or mixed-use premises where work is carried out
• Building owners — who retain control of common areas or structure
• Managing agents — acting on behalf of owners
• Occupiers — who share premises with others
• Facilities managers — responsible for maintaining buildings

What are your Section 4 duties?

1. Safe premises

• Structure is sound and well-maintained
• No hazards from the building itself (loose tiles, damaged floors, unsafe glazing)
• Common areas kept safe (stairs, corridors, lobbies)

2. Safe access and egress

• Entrances and exits are safe to use
• Routes to/from premises are maintained
• Adequate lighting, free from obstructions
• Emergency routes available and safe

3. Safe plant and substances

• Central heating systems maintained and safe
• Lifts, escalators inspected and certified
• Electrical installations tested and maintained
• Fire detection and suppression systems working
• Any substances you provide or control are safe

Shared responsibilities

Often, control is shared between landlords, tenants, and managing agents. Each party is responsible for the parts they control:

Example: Office building

• Landlord — structure, roof, common areas, central services
• Managing agent — maintenance of systems, cleaning, security
• Tenant — fit-out, equipment, working arrangements within their space

The key is clarity: everyone must know who is responsible for what, and there must be no gaps.

Safe systems of work in detail

A "safe system of work" is one of the most important concepts in employer duties. It's mentioned specifically in Section 2(2)(a) and is frequently central to prosecutions.

What is a safe system of work?

A safe system of work is a formal procedure resulting from systematic examination of a task to identify hazards and define the safest method of performing the work.

It should include:

1. What needs to be done
2. How it should be done safely
3. Who is competent to do it
4. What equipment or PPE is needed
5. What precautions must be taken
6. What to do if something goes wrong

Elements of a safe system of work

Risk assessment:

• Identify the hazards associated with the task
• Evaluate the risks to anyone who might be affected
• Determine necessary control measures

Written procedure:

• Document the safe method clearly
• Use simple language, diagrams, or photos if helpful
• Make it accessible to those who need it

Training and competence:

• Train employees on the procedure
• Ensure they understand why it's important
• Assess and record competence

Supervision:

• Ensure the system is followed in practice
• Monitor adherence regularly
• Correct deviations immediately

Review:

• Review after incidents, near misses, or changes
• Update when equipment, materials, or processes change
• Involve employees in reviews

Examples of safe systems of work

Working at height:

• Risk assessment identifying fall hazards
• Method statement: use scaffold, not ladder
• Training: scaffold use, inspection, fall arrest equipment
• Equipment: correctly erected scaffold, inspected weekly
• Supervision: competent person checks before work starts

Confined space entry:

• Permit-to-work system
• Atmosphere testing before and during work
• Rescue equipment ready before entry
• Trained standby person outside
• Clear communication system
• Time limits on entry

Lone working:

• Risk assessment of specific tasks and locations
• Buddy system or check-in procedures
• Personal safety devices (phones, alarms)
• Emergency contact information
• Training on personal safety

Information, instruction, training, and supervision

These four elements form the "soft controls" in your safety management. They're essential to making your workplace safe.

Information

Employees and others must have the information they need to understand risks and work safely.

What to provide:

• Risk assessment findings (in accessible form)
• Safety data sheets for substances
• Manufacturer instructions for equipment
• Emergency procedures (fire, first aid, evacuation)
• Relevant legislation and guidance
• Results of monitoring (noise, air quality, etc.)
• Accident and ill-health statistics

How to provide it:

• Safety briefings and toolbox talks
• Notice boards and posters
• Intranet or shared folders
• Staff handbooks
• Safety signs and warnings
• Pre-task briefings

Instruction

Instructions are specific directions on how to perform tasks or use equipment safely.

What to provide:

• Written safe operating procedures
• Method statements for complex or high-risk tasks
• Permit-to-work systems where appropriate
• Equipment-specific instructions
• Emergency response instructions

How to provide it:

• Documented procedures available at point of use
• Demonstrations and coaching
• Step-by-step guides with diagrams
• Laminated quick-reference cards
• Verbal briefings before tasks

Training

Training develops the knowledge, skills, and competence needed to work safely.

Types of training needed:

Induction training:

• For all new employees, before they start work
• Covers general workplace hazards, procedures, and policies
• Site-specific risks and controls
• Emergency procedures
• How to report hazards or incidents

Job-specific training:

• Tailored to the tasks and equipment the person will use
• Covers risks and controls specific to the role
• Practical skills, not just theory
• Assessed and recorded

Refresher training:

• Periodically (annually, every 3 years, depends on risk)
• When procedures change
• After incidents or near misses
• If unsafe practices observed

Specialist training:

• For higher-risk tasks (e.g., forklift driving, working at height)
• Often requires formal qualification or certification
• Must be provided by competent trainers
• Records maintained and certificates checked

Training records must include:

• Who was trained
• When training was provided
• What was covered
• Who provided the training
• Assessment of competence (not just attendance)
• When refresher is due

Supervision

Supervision ensures that safe systems are followed and that employees work safely in practice.

What effective supervision involves:

Presence:

• Appropriate level of supervision for the risk and competence
• Higher supervision for new, young, or inexperienced workers
• Competent supervisors who understand the work and risks

Observation:

• Regularly observing work being done
• Checking compliance with procedures
• Identifying unsafe practices or conditions

Intervention:

• Correcting unsafe behaviours immediately
• Stopping work if there's serious risk
• Reinforcing safe practices positively

Support:

• Available to answer questions
• Help solve problems
• Provide coaching and guidance

Monitoring:

• Regular inspections and audits
• Reviewing incidents and near misses
• Checking records and documentation

Practical steps to meet your employer duties

Step 1: Understand your duties

• Read and understand Sections 2, 3, and 4 of the HSWA 1974
• Identify which duties apply to your business
• Consider all your activities and who might be affected
• Don't assume someone else is responsible

Step 2: Carry out risk assessments

• Systematically identify hazards in your workplace
• Evaluate who might be harmed and how
• Implement control measures following the hierarchy of controls
• Record your findings (if 5+ employees, but good practice regardless)
• Review regularly and after changes

Step 3: Develop and implement safe systems of work

• For all significant tasks and activities
• Document procedures clearly
• Make them accessible to those who need them
• Train employees on following them
• Monitor and enforce compliance

Step 4: Provide information, instruction, and training

• Induction for all new starters
• Job-specific training for all roles
• Specialist training for higher-risk tasks
• Refresher training at appropriate intervals
• Keep records of all training

Step 5: Ensure adequate supervision

• Appoint competent supervisors
• Define supervisory responsibilities clearly
• Ensure supervisors have time to supervise properly
• Empower supervisors to stop unsafe work

Step 6: Provide a safe workplace and facilities

• Maintain the building and equipment
• Ensure adequate lighting, heating, ventilation
• Provide toilets, washing, and rest facilities
• Keep premises clean and tidy
• Ensure safe access and emergency exits

Step 7: Prepare a written health and safety policy (if 5+ employees)

• Three parts: statement, organisation, arrangements
• Signed by senior management
• Communicated to all employees
• Reviewed annually or after significant changes

Step 8: Consult with employees

• Establish consultation arrangements
• Appoint or elect safety representatives if appropriate
• Regular safety meetings or forums
• Involve employees in risk assessments and safety improvements
• Listen and respond to concerns

Step 9: Protect non-employees and control premises

• Include visitors, contractors, and the public in risk assessments
• Provide necessary information and controls
• If you control premises, ensure they're safe for all users
• Clarify responsibilities with landlords, tenants, and managing agents

Step 10: Monitor, review, and improve

• Regular workplace inspections
• Review risk assessments after incidents or changes
• Investigate accidents, near misses, and ill health
• Audit compliance with procedures
• Learn from incidents and update controls

Consequences of failing to meet employer duties

Enforcement action

If an inspector finds breaches of your employer duties, they can:

1. Provide informal advice

• For minor issues where you're willing to comply
• No formal record, but inspector may return to check

2. Issue an Improvement Notice

• Specifies the breach and what must be done
• Gives a minimum of 21 days to comply
• Can be appealed within 21 days
• Failure to comply is a criminal offence

3. Issue a Prohibition Notice

• Stops an activity immediately or after a specified time
• Used when there's a risk of serious personal injury
• Can be appealed, but appeal doesn't suspend the notice
• Failure to comply is a criminal offence

4. Prosecute

• For serious breaches, repeated breaches, or failure to comply with notices
• Can prosecute the company and/or individuals (directors, managers)
• Consequences below

Prosecution and penalties

Magistrates' Court:

• Fines up to £20,000 for most offences
• Up to 6 months imprisonment for breaches of notices
• Most cases for small businesses heard here

Crown Court:

• Unlimited fines (commonly £100,000 to £1,000,000+ for serious breaches)
• Up to 2 years imprisonment for breaches of Sections 2-6
• Directors and managers can be prosecuted personally under Section 37
• Sentences have included immediate custody

Additional consequences:

• HSE Fees for Intervention (around £163/hour for investigating breaches)
• Prohibition from being a company director
• Reputational damage
• Loss of contracts and clients
• Difficulty obtaining insurance
• Civil claims from injured persons

Corporate Manslaughter and Corporate Homicide Act 2007

If a gross breach of duty results in a death, the company can be prosecuted for corporate manslaughter. This requires that the way the organisation's activities were managed or organised amounted to a gross breach of a relevant duty of care.

Penalties include unlimited fines and remedial orders. Companies convicted have received fines exceeding £20 million.

Frequently asked questions

Next steps

To implement your employer duties effectively:

Risk Assessment: A Complete Guide →

Understanding the HSWA 1974 →

Employee Safety Responsibilities →

To check your compliance:

Responsibility Checker Tool →

Compliance Audit Tool →

Related articles:

• What is the Health and Safety at Work Act 1974?
• Risk Assessment: A Complete Guide
• Employee Safety Responsibilities

Useful tools:

• Responsibility Checker
• Compliance Audit Tool