Legislation and regulation

Health and safety legislation

The following list is an overview of some of the main pieces of general health and safety legislation. Most applies to all businesses, but some will be relevant in certain situations only (eg Manual Handling Operations Regulations 1992). Where specific legislation applies to a sector it is highlighted in the Trade Specific Legislation section. In addition there is extensive legislation covering topics such as health monitoring and consultation with employees.

Health and Safety at Work Act 1974
This Act applies to all employees (except domestic servants employed in private households), to all employers and to the self employed. The Act and subsequent regulations (some of which are listed below) cover all aspects of health and safety at all business premises. Employers have a duty to ensure the health and safety at work of all their employees and those with more than five employees must prepare a written health and safety policy statement

Control of Substances Hazardous to Health (COSHH) Regulations 1999
Regulate the use, storage and sale of any potentially hazardous substances and place specific duties on employers. Duties include evaluating all risks to employees and implementing procedures to remove or reduce these risks by preventing or controlling exposure to hazardous substances

Electricity at Work Regulations 1989
Employers must assess all risks associated with any activities using or affected by electricity. Electrical equipment must be suitable, installed correctly and monitored (for some office equipment periodic formal visual inspections may be sufficient)

Fire Precautions Act 1971 (as amended by the Fire Safety and Safety of Places of Sport Act 1987)
A fire certificate is needed if more than twenty people are employed in the building, more than ten people are working other than on the ground floor, or explosive or highly flammable materials are used or stored. Hotels and boarding houses require a fire certificate if accommodation is provided for more than six people, or if any bedrooms are above the first floor or below ground level. Certificates are issued by the Fire Authority who will inspect the premises and specify requirements such as the provision of escape routes, fire fighting equipment and fire alarm systems which must be met before a certificate is issued

Fire Precautions (Workplace) Regulations 1997 (as amended in 1999)
Apply to smaller businesses which do not require a fire certificate. Employers must assess the risk from fire at the workplace and take necessary precautions such as providing fire alarms, extinguishers and escape routes

Health and Safety (Display Screen Equipment) Regulations 1992
Employers must assess the risk to health and safety for those using display screen equipment (eg personal computers). Any risks identified must be reduced as far as possible

Health and Safety (First Aid) Regulations 1981
Employers must provide adequate first aid facilities (including at least one clearly marked first-aid box) and inform employees about them. All self employed people must make provision for their own first aid

Health and Safety Information for Employees Regulations 1989
All employers must display the statutory health and safety poster (which tells employees what they need to know about health and safety matters) unless they provide each employee with a copy of a leaflet outlining health and safety law. The poster and leaflets are available from HSE

Management of Health and Safety at Work Regulations 1999
Specify the actions necessary to fulfil health and safety duties. These include carrying out a risk assessment, and making arrangements based on that to ensure effective safety measures (eg providing any personal protective equipment that the risk assessment has identified as being necessary). Employers with five or more employees must make records of the assessment and arrangements and provide copies for employees to see. A competent person must be appointed to assist in health and safety matters. Also included is a specific duty for employers to assess risk to new or expectant mothers. If conditions cannot be reasonably altered to avoid any identified risk, the employee must be suspended on full pay

Manual Handling Operations Regulations 1992
So far as is reasonably practicable, employers must avoid the need for employees to carry out manual handling work that could cause injury. Where hazardous manual handling cannot be avoided, the risks must be assessed and reduced as far as reasonably practicable. Employees must co-operate on safety matters, use equipment properly and follow appropriate safety systems

Personal Protective Equipment at Work Regulations 1992
Employers must supply appropriate personal protective equipment to their employees where risks to health and safety cannot be adequately controlled by other means. The same responsibilities apply to self-employed people. Employers may not charge for any personal protective equipment required

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995
Employers, or those responsible for people at work, must report certain incidences to the enforcing authority (usually the Health and Safety Executive or Local Authority). These include fatal accidents, accidents causing major injuries or more than three days absence from work, work related diseases, and dangerous occurrences which could have resulted in injury. The requirements also apply to self employed people

Workplace (Health, Safety and Welfare) Regulations 1992
Most workplaces (including offices, shops, factories, hotels etc) must comply with these regulations. Standards are specified to ensure a safe and healthy working environment and cover such things as maintenance, ventilation, heating, lighting, space, windows, toilets, washing facilities and the provision of drinking water

The above list is an overview of some of the main health and safety legislation and is not exhaustive.

Further details of health and safety legislation are available from various sources (see Legislation and regulation: Sources of further information.)