The Health and Safety at Work etc. Act 1974 (HSWA) is the bedrock of health and safety law in Great Britain. It still matters because every other health and safety regulation, Approved Code of Practice (ACOP) and HSE guidance flows from it. Understanding the Act helps leaders, line managers and competent persons turn legal duties into day‑to‑day behaviours that protect people and ensure compliance.
In plain English, this guide explains what the Act covers, who does what, and how the general duties translate into practical controls. We link the HSWA to key secondary legislation (such as the Management of Health and Safety at Work Regulations, RIDDOR and PUWER) and give you checklists, role responsibilities, templates and audit schedules you can tailor to your business. Use it to brief your board, train managers and refresh your safety management system.
The Legal Framework – Key Concepts
Scope & Application
Who is covered? Employers, employees, the self‑employed, contractors and others who may be affected by work activities (visitors, customers, members of the public).
Where does it apply? Wherever people are at work and in premises or activities under an employer’s control: factories, offices, shops, warehouses, construction sites, home‑working arrangements and places where employees interface with the public.
Duties: general and specific
General duty of employers (Section 2): Ensure, so far as is reasonably practicable, the health, safety and welfare of employees: covering safe plant and equipment, safe systems of work, a safe workplace, information, instruction, training and supervision, and adequate welfare provisions.
Duties to others (Section 3): Manage risks to non‑employees (e.g. contractors, visitors, the public) arising from your undertaking.
Employee duties (Sections 7 & 8): Take reasonable care for their own safety and that of others, cooperate with the employer, and not misuse or interfere with anything provided in the interests of health, safety and welfare.
“So far as is reasonably practicable” / ALARP
Origins and meaning: The test comes from case law and means balancing the level of risk against time, trouble and cost of control measures, with a bias towards mitigation. Controls should reduce risk to ALARP, as low as reasonably practicable. Grossly disproportionate costs are not required; proportionate controls are.
Practical decision‑making: Use a structured risk assessment and the hierarchy of control (elimination → substitution → engineering → administrative → PPE). Document your reasoning for the chosen controls and why they are reasonably practicable.
Core Duties & Roles
Employer / Duty‑holder
- Provide and maintain safe plant and equipment; ensure safe systems of work.
- Maintain a safe workplace: safe access/egress, environment (lighting, ventilation, temperature), housekeeping and welfare.
- Information, instruction, training & supervision: make it specific and proportionate to the risks and roles.
- Policy: if you employ 5+ people, prepare a written health & safety policy, set responsibilities, and review it periodically or on change.
- Consultation: consult employees or their representatives, and establish a safety committee where required. Record actions and outcomes.
- Competent persons: appoint competent assistance to meet legal duties; make sure they have time, authority and resources.
- Contractor management & procurement: pre‑qualify competence, exchange risk information, agree SSOW/method statements, supervise, and coordinate shared duties (client/contractor interfaces).
Employees / Individuals
- Take reasonable care for their own safety and that of others who may be affected by their acts or omissions.
- Cooperate with policies, procedures, training and supervision; use equipment correctly; do not tamper with guards, isolation devices or PPE.
- Report hazards, near misses and incidents; participate in consultation, toolbox talks and briefings.
- Supervisors/shift leads: enforce local rules, complete point‑of‑work risk assessments (POWRAs), stop unsafe work and escalate issues promptly.
Others: Self‑employed, Designers, Manufacturers, Premises controllers
- Designers/manufacturers/suppliers: ensure equipment and substances are safe, provide instructions and maintain technical documentation.
- Those in control of premises: keep access/egress, plant and common parts safe for non‑employees; coordinate with tenants and contractors.
Bridging the Act to Regulation – Key Supporting Laws
The HSWA is an enabling Act. Detailed duties sit in regulations (statutory instruments) that most organisations will interact with daily:
- Management of Health & Safety at Work Regulations 1999: risk assessment; arrangements for planning, organisation, control, monitoring and review; competent persons; emergency procedures; cooperation/coordination where employers share a workplace.
- Workplace (Health, Safety and Welfare) Regulations 1992: environment (lighting, temperature, ventilation), cleanliness, space, workstations, sanitary and welfare provisions.
- PUWER 1998 (Provision and Use of Work Equipment Regulations): suitability of work equipment, safe use, guarding, inspection and maintenance, information/training for users and supervisors.
- Other core regulations (apply as relevant): COSHH (hazardous substances), Manual Handling, Work at Height, LOLER, Noise, Vibration, Display Screen Equipment, Safety Signs, Personal Protective Equipment at Work, Fire Safety (FSO), sector‑specific rules.
Together these create a framework from law → regulation → ACOP → guidance that sets the standard for good practice and enforcement.
Risk Assessment & Safe Systems of Work
Legal requirement
Every employer must make a suitable and sufficient assessment of risks to employees and others, record significant findings (if 5+ employees) and keep assessments current.
How to assess risk (practical steps)
- Identify hazards (tasks, locations, equipment, substances, people at risk, including contractors, lone workers, new/expectant mothers, young people).
- Assess risks (who might be harmed and how; likelihood × severity; existing controls; specific legal standards).
- Decide and implement controls using the hierarchy of control: elimination → substitution → engineering → administrative → PPE as a last resort.
- Record significant findings: hazards, people at risk, controls, responsible persons, dates.
- Review and update: after change, incident, new information, or at planned intervals.
Translating ALARP into choices of control
- Prefer engineering solutions (e.g. machine guarding, interlocks, local exhaust ventilation) over administrative rules.
- Use permits to work for high‑risk, non‑routine tasks (e.g. confined spaces, hot work, energy isolation) with clear isolations, competence and supervision.
- Build Safe Systems of Work (SSOW): method statements + risk assessment + training + supervision + monitoring.
Example: Risk assessment template structure
- Task/Location:
- Assessor/Date/Review due:
- People at risk: employees, contractors, visitors, public, vulnerable groups.
- Hazards & effects: machinery entanglement, slips/trips, manual handling, chemicals (COSHH), work at height, electricity, traffic, stress, DSE, noise, vibration, fire, lone working.
- Existing controls: guards, interlocks, LEV, segregation, barriers, SOPs, training, supervision.
- Further actions (ALARP): substitution, engineering changes, automation, isolation/lockout, signage, training refreshers, inspection regime, PPE specification.
- Action owner & date:
- Residual risk: low/med/high with rationale.
SSOW checklist (quick reference)
- Task defined and sequenced?
- RA and method statement aligned?
- Isolations/lockout verified?
- Competence verified (incl. contractors)?
- Tools/plant inspected and fit for use?
- PPE specified and available?
- Supervision in place?
- Permit to work issued where required?
- Point‑of‑work (last‑minute) risk check completed?
Training, Information & Consultation
- Training & supervision: provide information, instruction, training and supervision proportionate to risks and roles. Prioritise inductions, task‑specific training, equipment authorisations, and refresher cycles. Trigger refreshers on incident, change of process/equipment, or competence gaps.
- Information: make procedures, risk assessments, emergency arrangements and safety data readily accessible and understood.
- Consultation: consult employees (directly or via safety reps) on risk assessments, control measures, procedures, training needs and changes. Hold regular toolbox talks and safety meetings; capture actions.
- Records & evidence: maintain training matrices, attendance logs, briefings/toolbox talk records, supervision checks and competence sign‑offs.
Incident Reporting, Investigation & Learning
- RIDDOR: report specified injuries, diseases and dangerous occurrences, plus certain over‑7‑day injuries and incidents involving non‑workers arising from work activities.
- Internal reporting: simple channels for hazards, near misses and incidents; encourage a learning culture without blame.
- Investigation: secure the scene, gather facts, take statements, analyse root causes (technical, human, organisational), identify corrective and preventive actions with owners and deadlines.
- Close‑out & feedback: track actions to completion, verify effectiveness and communicate lessons learned to the workforce.
Enforcement, Penalties & Prosecution
- Enforcers: the HSE (higher‑risk sectors) and local authorities (lower‑risk premises) inspect, investigate and take enforcement action.
- Powers: inspectors can enter premises, examine/require documents, take samples, and issue Improvement Notices (fix a breach by a deadline) or Prohibition Notices (stop dangerous activities immediately). Serious breaches can lead to prosecution, resulting in unlimited fines and, for individuals, potential imprisonment.
- ACOPs & guidance: ACOPs have special legal status; failure to follow them may be used as evidence of non‑compliance unless you can show you met the law in another way.
Practical Tools & Checklists
Employer’s compliance checklist
Manager / Line‑manager daily script
“Team, today’s key risks are [top three]. Controls we must follow: [guarding/isolations/segregation/PPE]. Stop the job if something changes. Report hazards and near misses immediately. Who needs help or extra kit? Let’s do a quick point‑of‑work check before we start.”
Inspection & audit schedule (example)
- Daily/shift: housekeeping, walkways, guarding, PPE, welfare checks, POWRAs
- Weekly: first‑aid stocks, eyewash, spill kits, forklift checks, racking visuals
- Monthly: fire points, emergency lighting tests, DSE/office checks, LEV gauges
- Quarterly: machine isolation tests, guarding integrity, training matrix review, accident/near‑miss trend review
- Annual: management system audit, policy review, statutory inspections (e.g. LOLER/pressure systems), competence review
Sample policy statement
- Statement of intent: commitment to prevent injury/ill‑health and to continual improvement; compliance with legal requirements
- Organisation: responsibilities (board, managers, competent persons, employees, contractors)
- Arrangements: risk assessment, consultation, training, SSOW/permits, contractor control, emergency planning, inspection/maintenance, incident reporting/investigation, monitoring and audit
Sample forms
- Risk Assessment: task; people at risk; hazards; controls; actions/owner/date; review due
- SSOW/Method Statement: scope; sequence; isolations/permits; equipment/PPE; competence; supervision; monitoring; emergency
Adapting for different sectors
- Construction: CDM duties, temporary works control, work at height, lifting operations, exclusion zones
- Office: DSE assessments, stress management, slips/trips, fire safety and evacuation, lone working
- Healthcare: patient handling, sharps, infection control, violence and aggression, medicines management
How Kingfisher Professional Services Can Help
We support organisations in building robust, compliant health and safety frameworks that embed the HSWA into day‑to‑day operations. Our services include:
- Gap analysis, audits and pragmatic action plans, plus policy and procedure development and risk assessment support.
- Tailored training for leaders, managers, supervisors and apprentices, delivered on‑site or online with practical exercises.
- Incident investigation, root‑cause analysis and corrective/preventive action planning, RIDDOR reporting guidance, and ongoing retainer support (competent advice, document reviews, toolbox talks, regulatory updates and scheduled audits).
Our consultants combine practical health and safety management expertise with in‑depth knowledge of UK health and safety law and HSE good practice, helping you ensure compliance while improving engagement and safety performance.
Conclusion
The HSWA sets the general duties; regulations and ACOPs provide the detail. Compliance happens in the day‑to‑day: clear roles, good risk assessment, robust SSOW, training, consultation, monitoring and evidence. Use this guide to run a quick gap audit, refresh training and tighten your inspection and investigation routines, then keep improving.
Next steps: schedule a gap assessment, review your risk assessment library and training matrix, and set quarterly safety objectives. If you need hands‑on support, Kingfisher can help.