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Health and Safety at Work Act

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Health and Safety at Work Act

SECTION GUIDE

What is the Health and Safety at Work Act 1974?

The Health and Safety at Work etc. Act 1974 (HSWA) is the foundation of modern workplace safety in the UK. Commonly known as “HASAWA,” it sets out the general duties that employers, employees, and others have to ensure people are protected from harm at work.

Rather than prescribing detailed rules for every workplace, it acts as a framework law. This allows regulators to create specific regulations tailored to different risks, such as chemicals (COSHH), reporting accidents (RIDDOR), or safe lifting (Manual Handling Regulations). The Act gives the Health and Safety Executive (HSE) and local authorities the authority to enforce compliance, carry out inspections, issue guidance, and prosecute breaches.

What does the Health and Safety at Work Act 1974 mean for employers?

For employers, the Health and Safety at Work Act sets out the baseline duties that affect everyday business operations. These include:

  • Duty of care – Employers must ensure, so far as is reasonably practicable, the health, safety, and welfare of their employees. This means taking proactive steps to prevent foreseeable risks, not just reacting when something goes wrong.
  • Safe workplace – Businesses are required to provide safe systems of work, safe equipment and machinery, and safe access to and from the workplace. This applies equally to offices, warehouses, factories, and remote or hybrid environments.
  • Training and information – Staff must be given the necessary knowledge, instruction, and supervision to carry out their roles safely. Training should be practical, job-specific, and regularly refreshed to reflect changes.
  • Risk management – Employers must systematically identify hazards, assess the risks they pose, and put proportionate control measures in place. Written risk assessments are expected, particularly in businesses with 5+ employees.
  • Protecting others – Duties extend beyond employees. Contractors, agency workers, clients, visitors, and even members of the public must be protected from harm linked to business activities.

The Act also places responsibilities on employees themselves. They must take reasonable care for their own health and safety, cooperate with their employer, and avoid actions that could put others at risk.

  • Why does the Health and Safety at Work Act 1974 matter for your business?

    Compliance is not just about avoiding enforcement — it’s about protecting your organisation and its people.

    Legal risks – Breaching the Health and Safety at Work Act can result in unlimited fines, criminal prosecution, disqualification of directors, and even prison sentences for the most serious breaches.

    Financial impact – Workplace accidents can cause absence, productivity loss, rising insurance premiums, compensation claims, and disruption to operations.

    Reputation management – A poor safety record undermines trust with employees, clients, regulators, and investors. Good health and safety practice, on the other hand, builds credibility.

    Employee wellbeing – Safe workplaces promote higher morale, engagement, and retention. People are more likely to thrive in an environment where they feel protected.

    Operational resilience – Strong safety systems reduce downtime from incidents, improve efficiency, and ensure smoother day-to-day operations.

    For SMEs, the HSWA is especially critical. Smaller businesses may not have dedicated HR or health and safety teams, which increases the risk of oversight — and the consequences of non-compliance can be devastating.

  • Health and Safety at Work Act 1974 – best practices for employers

    To comply effectively with HSWA, employers should adopt the following best practices:

    • Develop clear policies – If you employ 5+ staff, a written health and safety policy is a legal requirement. Even smaller businesses benefit from clear written procedures.
    • Carry out risk assessments – Regularly review workplace hazards and record the control measures you’ve put in place. Risk assessments should be revisited whenever work processes, staff numbers, or equipment change.
    • Provide adequate training – Deliver induction training for new staff, refresher courses for existing employees, and role-specific training such as manual handling, fire marshal duties, or first aid.
    • Maintain equipment – Ensure machinery, electrical systems, and safety devices are kept in safe condition. Inspection and maintenance logs are vital for both safety and legal defence.
    • Consult employees – Encourage staff involvement through health and safety representatives, committees, or informal consultation. Workers often spot risks before management.
    • Keep accurate records – Document accidents, near misses, training provided, safety inspections, and safety meetings. These records are critical if regulators investigate.
    • Review regularly – Policies, risk assessments, and procedures should evolve with the business. Annual reviews and post-incident reviews are best practice.

    impact HR supports SMEs by developing tailored health and safety policies, conducting risk assessments, carrying out compliance audits, and providing ongoing training and consultancy.

  • Enforcement and penalties under the Health and Safety at Work Act

    Enforcement action under the Act can range from advice to serious legal consequences:

    • Improvement Notices – Require businesses to correct breaches by a set deadline.
    • Prohibition Notices – Stop dangerous work immediately until issues are resolved.
    • Prosecutions – Can result in unlimited fines, criminal records, and, in severe cases, imprisonment.
    • Corporate Manslaughter – Under the Corporate Manslaughter and Corporate Homicide Act 2007, businesses can face prosecution if systemic safety failings lead to a fatality.

  • How the Health and Safety at Work Act links to other regulations

    The HSWA is supported by a range of more specific regulations, including:

    • COSHH (Control of Substances Hazardous to Health) – Governs handling, storage, and use of hazardous substances.
    • RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations) – Requires reporting of accidents, occupational illnesses, and dangerous occurrences.
    • Manual Handling Regulations – Sets requirements for safe lifting, carrying, and moving of loads.
    • PPE Regulations – Ensures employees have access to appropriate personal protective equipment, such as helmets, gloves, or respiratory gear.
    • Working Time Regulations – Introduces limits on working hours and mandatory rest breaks for employee safety.

Key provisions of the Health and Safety at Work Act 1974

The Act covers several key areas:

  • General duties of employers to employees

    • Employers must provide safe working conditions, suitable equipment, and adequate training.

  • General duties of employers to others

    • Protection extends to contractors, clients, visitors, and the public who may be affected by work activities.

  • Duties of employees

    • Staff must act responsibly, follow training, and not misuse equipment.

  • Duties of manufacturers/suppliers

    • Equipment, machinery, and substances provided for work must be safe, tested, and accompanied by instructions.

  • Enforcement powers

    • HSE inspectors can enter workplaces, issue improvement and prohibition notices, and prosecute breaches.

  • Penalties

    There are no upper limits on fines, and the most serious offences can result in imprisonment for individuals and directors.

Your Questions Answered

FAQs on the Health and Safety at Work Act

  • Can SMEs outsource health and safety management?Reveal

    Absolutely. Many businesses work with consultants like impact HR to gain expert advice, stay compliant, and avoid the cost of a full-time health and safety officer.

  • Does the Health and Safety at Work Act apply to homeworking and remote staff?Reveal

    Yes. Employers must still assess risks, including workstation setups (DSE assessments) and mental health considerations.

  • What are common mistakes SMEs make under the HSWA?Reveal

    Not documenting risk assessments, failing to review policies, relying on “common sense” instead of formal training, and ignoring near misses.

  • Can directors or managers be held personally liable?Reveal

    Yes. Senior leaders can face prosecution if they are found to have consented to or neglected to prevent safety breaches.

  • Who enforces the Health and Safety at Work Act?Reveal

    The Health and Safety Executive (HSE) and local authority environmental health officers share enforcement duties depending on the workplace type.

  • What’s the legal minimum standard for health and safety in the UK?Reveal

    Employers must identify and manage workplace risks, provide suitable training, and comply with HSWA and supporting regulations.

Where to find out more A collection of hand-picked useful resources in relation to the Health and Safety at Work Act from impact HR and beyond

Need support with complying with the Health and Safety at Work Act?

Whether you’re updating Health and Safety policies, training managers, or handling complex issues, impact HR can help you stay compliant, confident, and in control. Request a callback to see how we can support your business.

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