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Employer responsibilities for health and safety

If you employ staff, you have a legal responsibility to protect their health, safety and welfare at work, as well as the health and safety of others who may be affected by your business activities.

This guide explains the key responsibilities small-business employers have under the Health and Safety at Work etc. Act 1974 and related health and safety legislation, which applies in Great Britain (England, Scotland and Wales). Northern Ireland has separate health and safety legislation.

So, if you have a business in GB and employ staff or plan to take people on, what are your key health and safety responsibilities as an employer?

What are my legal health and safety responsibilities as an employer?

The Health and Safety at Work etc. Act 1974 provides the main framework for workplace health and safety law in Great Britain. As an employer, you must take appropriate steps to protect the health, safety and welfare of your employees and other people who could be affected by your business.

This includes:

  • assessing and managing health and safety risks
  • providing a safe working environment
  • providing appropriate equipment and maintaining it safely
  • providing information, instruction and training
  • consulting employees about health and safety
  • providing appropriate workplace and welfare facilities
  • appointing a competent person to help you meet your health and safety duties
  • cooperating and coordinating with other employers or contractors where you share a workplace.

Do I need to report workplace accidents?

Some work-related deaths, injuries, occupational diseases and dangerous occurrences must be reported under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). However, not every workplace accident needs to be reported and RIDDOR provides guidance as to whether a report is required or not as that depends on what happened and the circumstances. You may also need to keep an accident record, including records of reportable incidents.

What practical health and safety measures do I need to provide?

The facilities and equipment you need to provide will depend on your workplace and the type of work your employees carry out.

You must provide an appropriate working environment, which can include:

  • suitable toilets and washing facilities
  • drinking water
  • somewhere to rest and eat meals
  • appropriate ventilation and lighting
  • a reasonable working temperature
  • enough space to work safely
  • appropriate first-aid arrangements
  • suitable personal protective equipment (PPE), where it’s needed to control a risk.

PPE required for work must generally be provided to employees free of charge, and you must make sure it’s suitable and appropriately maintained. The Health and Safety Executive (HSE) also sets specific requirements for some workplaces and types of work.

How do I manage health and safety risks?

One of your main responsibilities is to assess and manage the risks created by your business. It is often a good idea to involve your employees in the process because they can often identify hazards and practical ways of managing risks that may not otherwise be obvious. The process can be done systematically by:

Identifying the hazards in your workplace and business activities.
Deciding who could be harmed and how, including employees and other people affected by your activities.
Assessing the risks and decide what you need to do to eliminate or control them.
Putting appropriate controls in place.
Recording significant findings where required and review your risk assessment when necessary.

Note that if you employ five or more people, recording the significant findings of your risk assessment is a legal requirement.
Identifying the hazards in your workplace and business activities.
Deciding who could be harmed and how, including employees and other people affected by your activities.
Assessing the risks and decide what you need to do to eliminate or control them.
Putting appropriate controls in place.
Recording significant findings where required and review your risk assessment when necessary.

Note that if you employ five or more people, recording the significant findings of your risk assessment is a legal requirement.

What if my employees work from home?

Your health and safety responsibilities also apply to employees who work from home, whether permanently or as part of a hybrid working arrangement.

You should assess and manage risks associated with home working. Depending on the work involved, this may include:

  • display screen equipment
  • the employee’s working environment
  • stress and mental health
  • equipment you’ve provided
  • working alone.

In many cases you can assess risks by talking to the employee and asking them to complete an appropriate assessment rather than visiting their home. You should provide employees with information about working safely and make sure they know how to raise concerns.

What health and safety information must I provide?

You must either:

  • display the approved Health and Safety Law poster where workers can easily read it, or
  • provide each worker with the equivalent HSE leaflet.

You must also provide employees with appropriate information about the risks they face at work, the measures you’ve put in place to protect them and what they should do in an emergency.

You can download both from the HSE website. A pocket card version is also available.

 

Do I need a health and safety policy?

Every business should have arrangements for managing health and safety.

If you employ five or more people, you must write down your health and safety policy. If you have fewer than five employees, you don’t have to write your policy down, although doing so can still be useful.

A health and safety policy should explain:

  • your overall approach to health and safety
  • who is responsible for particular health and safety matters
  • the practical arrangements you have in place to manage risks.

Make sure employees understand the policy and review it regularly and/or when your business, working practices or risks change.

Can employees report health and safety concerns?

You should encourage employees to raise health and safety concerns with you, their manager or your health and safety representative so that you can investigate and take appropriate action.

However, if an employee believes a serious health and safety problem hasn’t been dealt with, they may be able to raise it with the relevant enforcing authority, such as HSE or their local authority.

Employees also have legal protections in certain circumstances when they raise health and safety concerns.

Do I need Employers’ Liability insurance?

Most businesses must have Employers’ Liability insurance as soon as they become an employer.

Your policy must:

  • provide cover of at least £5 million
  • come from an authorised insurer
  • cover claims where an employee becomes ill or is injured because of the work they do for you.

You must make your insurance certificate available to employees and show it to inspectors if requested. This can be done electronically.

There are limited exceptions to the requirement, including some businesses that only employ certain family members.

You can be fined up to £2,500 for each day you’re not properly insured and up to £1,000 if you don’t display or make the certificate available when required.

What health and safety responsibilities do employees have?

Health and safety is also a responsibility for employees. They must:

  • take reasonable care of their own health and safety and that of other people who may be affected by what they do or don’t do
  • cooperate with you and others so that health and safety requirements can be met
  • follow the health and safety information, instruction and training they’ve received
  • use work equipment and protective equipment correctly
  • not intentionally or recklessly interfere with or misuse anything provided for health, safety or welfare.

Do I need to consult employees about health and safety?

Yes. You must consult your employees about health and safety matters that affect them. Depending on your workplace, you can consult employees directly or through an elected health and safety representative or a representative appointed by a recognised trade union. Consultation should give employees an opportunity to raise concerns and contribute to decisions that affect their health and safety.

Health and safety requirements vary according to the work your business carries out and the risks involved. Use HSE’s guidance to identify any additional requirements that apply to your industry or activities.