The Health and Safety at Work etc. Act 1974 is the foundation of all UK workplace health and safety law. It applies to every employer, in every sector, regardless of size. What surprises most people is that it does not tell you what to do. It sets goals — keep people safe “so far as is reasonably practicable” — and leaves the method to you. That flexibility is why a 1974 statute still governs workplaces that did not exist when it was written. It also places legal duties on employees, not just employers.
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What does the Health and Safety at Work Act actually require?
Section 2(1) states the general duty: every employer must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees.
Section 2(2) then breaks that into five specific areas:
- Safe plant and safe systems of work
- Safe use, handling, storage and transport of articles and substances
- Information, instruction, training and supervision
- A safe workplace, with safe access and exit
- A safe working environment, with adequate welfare facilities
Section 2(3) adds a written health and safety policy. Employers with fewer than five employees are exempted from putting it in writing by the Employers’ Health and Safety Policy Statements (Exception) Regulations 1975 — but the underlying duty to manage safety still applies in full. The exemption is about paperwork, not responsibility.
What does “so far as is reasonably practicable” mean?
This phrase does most of the work in UK health and safety law, and it is routinely misread as “if it’s convenient”.
It means weighing the risk against the time, trouble and cost of controlling it. Where the risk is significant and the control is straightforward, you must act. The test comes from Edwards v National Coal Board [1949], and the balance is deliberately weighted towards safety: a control can only be ruled out where the effort is grossly disproportionate to the risk, not merely inconvenient or expensive.
There is a sting in the tail. Under section 40, if you are prosecuted, the burden is on you to prove it was not reasonably practicable to do more. That reverses the usual position in criminal law.
Do employees have legal duties too?
Yes — and this is the part most workers have never been told.
Section 7 requires every employee to take reasonable care for the health and safety of themselves and of others who may be affected by what they do or fail to do, and to co-operate with their employer so far as is necessary for the employer to meet its own duties.
Section 8 goes further: no person shall intentionally or recklessly interfere with or misuse anything provided in the interests of health and safety. Wedging a fire door open or disabling a machine guard is not just a disciplinary matter — it is a breach of the Act, and individuals have been prosecuted.
Section 9 runs the other way, protecting workers: no employer may charge an employee for anything provided to meet a statutory safety requirement. PPE required by law must be free. Not subsidised, not deducted from wages, not deposit-based.
What about people who are not your employees?
Section 3 extends the duty to anyone affected by your undertaking — contractors, visitors, delivery drivers, members of the public, and people in neighbouring premises. Section 4 covers those who control non-domestic premises, and section 6 places duties on designers, manufacturers, importers and suppliers of articles and substances used at work.
Section 3 is where a great many prosecutions land. Harm to a member of the public or a contractor is treated as seriously as harm to your own staff.
Who enforces it, and what are the penalties?
Enforcement is split. The Health and Safety Executive covers higher-risk sectors including construction, manufacturing, agriculture and healthcare. Local authority environmental health teams cover most retail, offices, hospitality, warehousing and leisure. Many businesses are surprised to learn their regulator is the council, not the HSE.
Inspectors can issue an improvement notice requiring a breach to be put right within a set period, or a prohibition notice stopping an activity immediately where there is a risk of serious personal injury. A prohibition notice takes effect regardless of cost or disruption.
Serious cases are prosecuted. Courts can impose unlimited fines, and imprisonment is available for certain offences. Sentencing follows the Sentencing Council’s guideline for health and safety offences, which scales the penalty to the organisation’s turnover and to how far the breach fell short — meaning a large employer can be fined heavily even where no one was actually hurt.
Individuals are not shielded by the company. Under section 37, where an offence by a body corporate is committed with the consent or connivance of, or is attributable to neglect by, a director, manager, secretary or similar officer, that individual is guilty of the offence as well.
How does the 1974 Act relate to the other regulations?
The Act is the enabling framework. The detailed rules sit in regulations made under it, and those are where most day-to-day duties live:
- Management of Health and Safety at Work Regulations 1999 — Regulation 3 requires a suitable and sufficient risk assessment, recorded in writing where you have five or more employees
- COSHH 2002 — hazardous substances
- Manual Handling Operations Regulations 1992 — lifting and carrying
- RIDDOR 2013 — reporting injuries and dangerous occurrences
- PUWER 1998 and LOLER 1998 — work equipment and lifting equipment
If the Act sets the destination, the regulations describe the route.
Frequently asked questions
What does the Health and Safety at Work Act 1974 require employers to do?
Section 2(1) requires every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all their employees. Section 2(2) breaks this into safe plant and systems of work, safe handling and storage of substances, information, instruction, training and supervision, a safe workplace with safe access and exit, and a safe working environment with adequate welfare facilities.
What does so far as is reasonably practicable mean?
It means weighing the risk against the time, trouble and cost of controlling it, following Edwards v National Coal Board [1949]. The balance is weighted towards safety: a control can only be ruled out where the effort involved would be grossly disproportionate to the risk, not merely inconvenient or costly. Under section 40, if prosecuted, the burden is on the employer to prove it was not reasonably practicable to do more.
Do employees have legal duties under the Act?
Yes. Section 7 requires every employee to take reasonable care for their own health and safety and that of others affected by their acts or omissions, and to co-operate with their employer. Section 8 makes it an offence for any person to intentionally or recklessly interfere with or misuse anything provided for health and safety, such as wedging a fire door open or removing a machine guard.
Does an employer have to provide a written health and safety policy?
Employers with five or more employees must have the policy in writing under section 2(3). Those with fewer than five are exempt from writing it down under the Employers' Health and Safety Policy Statements (Exception) Regulations 1975, but the underlying duty to manage health and safety still applies in full. The exemption removes the paperwork, not the responsibility.
Can an employer charge staff for PPE?
No. Section 9 of the Act states that no employer may levy any charge on an employee for anything done or provided to meet a specific statutory requirement. Where PPE is required by law it must be provided free of charge, and that means no deductions from wages, no subsidised cost and no refundable deposits.
Health and safety training
Our Introduction to Health and Safety course covers the 1974 Act, the duties it places on employers and employees, risk assessment and the main regulations that sit under it — useful as an induction or a refresher.
£9 per course. CPD accredited, 100% online, verifiable e-certificate. Pay for 2, get 3 — any 3 courses for £18.
This article is general information, not legal advice. A CPD awareness course is not a regulated qualification and is not equivalent to NEBOSH, IOSH or a CSCS card. Where a role requires a regulated qualification or a specific certification, only that qualification will do. Health and safety duties are site-specific: always follow your employer’s arrangements and risk assessments.