# Health and Safety at Work etc. Act 1974

Canonical: https://paddl-ai.co/regulations/health-and-safety-at-work-act-1974

Understand the Health and Safety at Work etc. Act 1974, the UK primary legislation for workplace health and safety, covering employer duties, employee duties, and enforcement.

Effective: 1974-07-31 (last amended 2013-10-01)
Enforced by: Health and Safety Executive (HSE) and Local Authority Environmental Health
Applies to: All employers, All employees, Self-employed persons, Restaurants, hotels, and hospitality businesses, Any workplace in Great Britain

The Health and Safety at Work etc. Act 1974 (HSWA) is the primary piece of legislation covering workplace health and safety in Great Britain. It sets out the general duties that employers have towards employees and members of the public, and that employees have to themselves and each other. The Act provides the framework under which more specific regulations (such as COSHH, workplace regulations, and fire safety) operate. For hospitality businesses, the Act requires employers to ensure, so far as is reasonably practicable, the health, safety, and welfare of all their employees. This includes providing safe plant and systems of work, safe handling and storage of substances, adequate information, instruction, training, and supervision, and a safe working environment. Employers with five or more employees must have a written health and safety policy. The Act is enforced by the HSE and, for hospitality businesses, by local authority Environmental Health departments.

## Key requirements

- **General duty to employees (Section 2)** Employers must ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees. This includes safe plant, safe systems of work, safe substances, adequate training, and a safe workplace.
- **Duty to non-employees (Section 3)** Employers must conduct their business in such a way that persons not in their employment (customers, visitors, contractors) are not exposed to risks to their health or safety.
- **Written health and safety policy (Section 2(3))** Employers with five or more employees must prepare and revise a written statement of their health and safety policy and the arrangements for carrying it out.
- **Employee duties (Section 7)** Employees must take reasonable care of their own health and safety and that of others who may be affected by their acts or omissions. They must cooperate with their employer on health and safety matters.
- **Duty not to charge employees for safety measures** Employers cannot charge employees for anything done or provided to comply with health and safety requirements. PPE, training, and safety equipment must be provided free of charge.

## What a business has to do

1. **Write a health and safety policy** If you have five or more employees, prepare a written health and safety policy. This must include your general approach, responsibilities, and specific arrangements.
2. **Conduct risk assessments** Identify hazards in your workplace, assess who might be harmed and how, and implement controls. Document significant findings.
3. **Provide health and safety training** Ensure all employees receive adequate health and safety training, including induction training, job-specific training, and refresher training.
4. **Maintain equipment and premises** Keep all work equipment in safe condition. Maintain the workplace to a safe standard including floors, stairs, ventilation, and temperature.
5. **Provide PPE where needed** Where risks cannot be adequately controlled by other means, provide appropriate personal protective equipment free of charge.
6. **Report accidents and incidents** Report specified injuries, diseases, and dangerous occurrences to the HSE under RIDDOR. Keep an accident book.

## Penalties

| Offence | Penalty |
| --- | --- |
| Breach of duty to employees or non-employees | Up to 2 years imprisonment and/or an unlimited fine on conviction on indictment. Unlimited fine on summary conviction. |
| Failure to have a written health and safety policy | Improvement notice from HSE or local authority. Prosecution with an unlimited fine for persistent non-compliance. |
| Corporate manslaughter (under Corporate Manslaughter Act 2007) | Where a gross breach of health and safety duty causes death, the organisation can be convicted of corporate manslaughter with an unlimited fine. |
| Failure to comply with an improvement or prohibition notice | Up to 2 years imprisonment and/or an unlimited fine on conviction on indictment. |

## Questions

**Does the Health and Safety at Work Act apply to small businesses?**

Yes, the Act applies to all employers regardless of size. The written health and safety policy requirement applies only to businesses with 5 or more employees, but all other duties apply from the first employee.

**Who enforces health and safety in hospitality?**

For most hospitality businesses (restaurants, hotels, pubs, cafes), enforcement is carried out by local authority Environmental Health teams. The HSE enforces in some sectors but has a memorandum of understanding with local authorities for the allocation of enforcement responsibilities.

**What is reasonably practicable?**

Reasonably practicable means balancing the level of risk against the cost, time, and effort of the measures needed to control it. You do not have to eliminate every risk, but you must do what is reasonable given the nature of the risk.

**Do I need employers liability insurance?**

Yes. The Employers Liability (Compulsory Insurance) Act 1969 requires most employers to have at least 5 million pounds of employers liability insurance. You must display the certificate or make it accessible to employees.