Health and Safety Obligations
Under the Health and Safety at Work Act 1974, employers have a duty to ensure the health, safety and welfare of all employees so far as reasonably practicable. Employers with 5+ employees must have a written health and safety policy and conduct risk assessments.
Last updated: February 2025
5+ employees
Written policy threshold
Unlimited
Maximum HSE fine
Within 10-15 days
RIDDOR reporting
What the Law Says
The Health and Safety at Work Act 1974 places a general duty on employers under s.2 to ensure the health, safety and welfare of employees. The Management of Health and Safety at Work Regulations 1999 require risk assessments. Employers with 5+ employees must document their safety policy and risk assessments. The HSE enforces compliance with powers to issue improvement and prohibition notices.
Your Obligations as an Employer
- Conduct and document risk assessments for all workplace hazards
- Provide adequate health and safety training and information
- Appoint competent persons to assist with health and safety
- Report certain injuries and incidents under RIDDOR 2013
What to Include in Contracts
Include a clause requiring compliance with health and safety policies, specify the employee's duty to cooperate with safety measures, reference the company health and safety policy, and confirm the employer's commitment to maintaining a safe working environment.
View related contract templateCommon Mistakes
- Not conducting or updating risk assessments regularly
- Failing to provide health and safety training to new starters
- Not displaying the HSE approved poster or providing the equivalent leaflet
FAQ
What is reasonably practicable?
The legal standard requires employers to weigh the risk against the cost (in time, money, and effort) of eliminating or reducing it. If the cost is grossly disproportionate to the risk, the measure may not be required. However, for serious risks, the standard is very high and most precautions will be required.
Are employers responsible for homeworkers' health and safety?
Yes. The HSW Act applies to all employees regardless of location. Employers must assess risks for homeworkers including workstation setup, mental health, and lone working. The duty is to do what is reasonably practicable, which may include providing equipment and conducting DSE assessments.
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Get Started FreeThis is guidance for UK employers, not legal advice. For complex employment law matters, consult a qualified employment solicitor or ACAS.
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