Health and safety regulations that affect the workplace, and who enforces health and safety law 

As a business owner or manager in the UK, it can often be difficult to figure out the reasoning behind all the rules that you have to follow. Paperwork, training, equipment, more paperwork - it might all seem like a thankless task. Knowing who enforces health and safety law can also be a point of bewilderment and frustration. But when it comes to making efforts to abide by health and safety law and having a clear understanding of responsibilities, the benefits are obvious.

Health and safety laws in the workplace not only put systems, equipment and protective clothing in place to protect workers and visitors but can also improve your business by helping to create more confident customers and happier, more productive staff. The necessary procedures and equipment put in place to satisfy health and safety regulations in businesses should rightly affect the way a business looks and employees behave.

Of course, the main reason for the management of health and safety at work is to prevent injury, ill health or the death of anyone on your premises. The consequences of not following regulations can not only be catastrophic to your staff and visitors but also extremely damaging to your business.

Because you care for your staff and customers, and value your business’ reputation, it's important to know how health and safety laws in the workplace apply to you and your business.

What is health and safety at work?

When the term ‘health and safety’ is used in the workplace, it usually refers to the following key regulations in the UK, and employers’ responsibilities under these Acts:

·         Health and Safety at Work Act 1974

·         Management of Health and Safety at Work Regulations

Health and safety regulations apply to every workplace in every industry. Our Health and Safety at Work Act 1974 summary consists of just 4 key points that each business must provide:

·         A safe and properly maintained working environment where operations within it are conducted without risk of injury or ill health.

·         Regular training of staff to ensure health and safety procedures are understood and followed.

·         Welfare provisions for staff at work, such as break areas and washing facilities, adequate lighting and ventilation, also supported by the Workplace (Health, Safety and Welfare) Regulations 1992

·         Suitable provision of relevant information and supervision.

Workplaces with five or more employees must keep a written record of their health and safety arrangements and procedures. They must also consult with employees (or their representatives) on relevant policies and how they meet health and safety qualifications.





What other health and safety legislation should we follow?

Other relevant pieces of health and safety legislation must also be observed in order to maintain a workplace where employees can carry out daily activities without danger of injury or ill health. These can affect the layout and procedures at work, too. Other key health and safety regulations in the UK include:

·         The Health and Safety (Display Screen Equipment) Regulations 1992 to protect workers who habitually use a screen for more than an hour a day in order to complete their work in an office, on site or at home. This also covers contractors and temporary workers.

·         The Manual Handling Operations Regulations 1992 amended 2002 applies to manual handling activities, including pushing, pulling, lifting, lowering, or carrying. Correct techniques must be taught and employed.

·         The Regulatory Reform (Fire Safety) Order 2005 (England and Wales) / Fire (Scotland) Act 2005 describe the fire safety standards required in the workplace, including storage of flammable products, steps to take to minimise fire risk, servicing and maintenance of firefighting equipment and the implementation and communication of an emergency plan.

·         The Personal Protective Equipment at Work Regulations 1992 enforces the duty of care that employers have to provide personal protective equipment (PPE) at work, such as that supplied by phs Besafe, and instructions on how to use it, wherever risks to health and safety can’t be controlled in other ways. This includes protective overalls, face masks, goggles, gloves and boots, etc.

·         COSHH (Control of Substances Hazardous to Health) 2002 provides rules on the use, storage and transport of any substances which may be harmful to health, including chemicals, dust, gases and biological agents.

·         The Provision and Use of Work Equipment Regulations 1998 (PUWER) places an onus on businesses to ensure that all equipment is suitable for use. It must be safe, properly maintained and only used by those who have had correct training.

·         The Working Time Regulations 1998 regards the limit on working hours for employees - a maximum working week of 48 hours unless a worker opts out. This regulation also outlines further protection for young workers aged 15 to 18.

Who is responsible for workplace health and safety?

Everyone in the workplace has a responsibility for health and safety in a business. Employers must make sure that the workplace is safe while employees have an obligation to each other and their employer to observe health and safety regulations.

Managers or business owners should appoint at least one person to ensure that the legal duties of health and safety laws are met. While it’s not necessary for the nominated person(s) to have health and safety qualifications, a health and safety certificate may help with the skills, knowledge and experience required to competently perform the tasks. This person should be able to spot potential hazards at work, so that they can carry out risk assessments and be able to explain how health and safety risk assessments are monitored and reviewed.

The appointed ‘responsible person’ may be an employee or, if no such person exists in your organisation, you can use a competent person from outside of the business to provide risk assessments and ensure that the business complies with health and safety in the workplace rules.

Whether the ‘responsible person’ is employed within your business or elsewhere, RIDDOR (Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 1995) requires that accidents, injuries and near misses at work are reported to the Health and Safety Executive (HSE) (see below for more information on the HSE), if the incident was due to a failing in a procedure or supervision; was related to equipment or machinery; and/or took place at poorly-maintained premises. The HSE is also where you should report your health and safety concerns over any equipment or procedures at work which are worrying you.

Health and safety enforcement. Who enforces health and safety law?

In the UK, health and safety enforcement is primarily the responsibility of the Health and Safety Executive (HSE) and local authorities. These bodies work to ensure that employers and employees adhere to the regulations that are designed to maintain safe and healthy working environments.

Roles of HSE and local authorities in enforcement

Whilst both have a responsibility for enforcing health and safety, in enforcement do differ somewhat:

Health and Safety Executive (HSE)

The HSE is a national independent regulator that oversees health and safety across various industries. It conducts inspections, investigates incidents, and enforces regulations. HSE inspectors have the authority to issue improvement notices and prohibition notices to address serious risks or breaches of the law. They can also prosecute offenders, leading to significant fines or imprisonment for severe violations.

The HSE can inspect a business at any time that is deemed reasonable, without notice.  Formal inspections can take different forms, such as safety tours, safety sampling, safety surveys and incident inspections of reported incidents.

Local Authorities

Local authorities, i.e. local councils, share the enforcement responsibility with the HSE. They typically handle smaller workplaces such as shops, offices, warehouses, and consumer services. Environmental health officers conduct inspections, provide advice, and can also issue notices and prosecute where necessary.

Common health and safety law breaches and penalties

Typical issues encountered include insufficient risk assessments, inadequate health and safety training, poor maintenance of equipment, lack of personal protective equipment (PPE) where there is a legal requirement to supply/wear it, and unsafe working practices.

These issues often lead to accidents and occupational illnesses and, if identified by or reported to those responsible for enforcing health and safety, can carry serious consequences.

Common health and safety law breaches and penalties include failing to conduct proper risk assessments, inadequate safety measures, and failing to report accidents. Penalties for non-compliance can be severe. Penalty fines can range from hundreds to millions of pounds, depending on the severity and nature of the breach. In extreme cases, individuals responsible for breaches can face imprisonment. The following case studies illustrate the extent of penalty fines for businesses who have breached health and safety laws:

1. Tesco Stores Ltd (2020): Tesco was fined £733,333 after a customer was seriously injured by a falling metal barrier. The court found Tesco guilty of failing to ensure the safety of customers, highlighting the importance of regular risk assessments and maintenance.

2. Veolia ES (UK) Limited (2021): Veolia was fined £1 million following a worker's death after falling from height. The investigation revealed serious failings in risk assessments and safety measures, emphasizing the critical need for stringent health and safety protocols.

Enforcement Mechanisms

Enforcement mechanisms include regular inspections, incident investigations, and compliance checks by the HSE and local authorities. Improvement and prohibition notices are used to address immediate risks and require corrective action. Prosecutions serve as a deterrent and a means to address serious or persistent non-compliance.

Understanding and complying with health and safety laws is crucial for all employers and employees. It not only prevents accidents and illnesses but also ensures a safe working environment, avoiding legal consequences and fostering a culture of safety.