Every employer must

ensure, as far as is
reasonable practicable,
the health, safety and
welfare of all his
employees

More specifically, employers must

provide:
Safe plant and systems of work
Safe use, handling, transport and
storage of articles and substances.
Any required information,
instruction, training and
supervision
Safe place of work (including
access and egress)
A safe environment with adequate
welfare facilities.
Employers with 5 or more
employees must:
Prepare a written health and
safety policy.
Set out the organisation and
arrangements for putting the
policy into effect.
Revise and update the policy as
needed.

Employers duties to
consult with their
employees

Every employer or self

employed person must
conduct their undertaking in
such a way as to ensure
AFARP, that person not in
their employment who may
be affected are not exposed
to risks

Those in control of non

domestic premises must
ensure AFARP that access /
egress and any plant or
substances is safe with
without risk to health (this
applies to landlords and
common areas of residential

Health & Safety at

Work Act 1974
Section 2(3)

Health & Safety at

Work Act 1974
Section 4

Health & Safety at

Work Act 1974
Section 2(2)

Health & Safety at

Work Act 1974
Section 3

Health and safety at

work act 1974
Section 1(1)

Health & Safety at

Work Act 1974
Section 2(4-7)

Designers, manufacturers,
importers and installers of any
item for use at work must ensure
that:
They are safe and without risk to
health whether used, stored or
transported.
Necessary tests research and
examinations have been carried
out.
Revised information should be
given if a serious risk becomes
known.

Employees cannot be
charged for anything
done, or provided to
comply with health and
safety law (e.g. PPE)

Employees duties:
To take reasonable care of
themselves and others who may
be affected by their acts and
omissions.
To cooperate with their employer
to enable then to comply with the
law.

Powers for government

to make regulations

Duty on every person:

No person shall misuse or
interfere with anything provided in
the interest of health, safety and
welfare.

Powers for government

to make Approved
Codes of Practice

Health & Safety at

Work Act 1974
Section 8

Health & Safety at

Work Act 1974
Section 16

Health & Safety at

Work Act 1974
Section 7

Health & Safety at

Work Act 1974
Section 15

Health and safety at

work act 1974
Section 6

Health & Safety at

Work Act 1974
Section 9

Powers of
Inspectors

Where an offence is
committed due to the
fault of another person,
that other may also be
prosecuted.

Where an offence is
committed by the body
corporate and is attributable
to any neglect, consent or
connivance of a director or
senior manager, then that
person may also be
prosecuted.

Every employer is
required to make a
suitable and sufficient
assessment of risk to
employees and risks to
other people who might
be affected (e.g. visitors
and public)

Applying the principles of prevention:

Avoiding risks
Evaluating the risks which cannot be
avoided
Combating the risks at source.
Adapting the work to the individual
Adapting to technical progress
Replacing the dangerous with the non or
less dangerous.
Developing a coherent policy
Giving collective protective measures
priority over individual.
Giving appropriate instruction to
employees.

Formal arrangements
must be devised (and
recorded) for effective
planning, organisation,
control, monitoring and
review of safety

Health & Safety at

Work Act 1974
Section 37

Management of Health
& Safety at Work
Regulations 1999
Regulation 5
H&S Arrangements

Health & Safety at

Work Act 1974
Section 36

Management of Health
& Safety at Work
Regulations 1999
Regulation 4
Principles of Prevention

Health and safety at

work act 1974
Section 20-25

Management of Health
& Safety at Work
Regulations 1999
Regulation 3
Risk Assessment

Health
Surveillance

Any necessary contact

arrangements with
external services for first
aid, emergency medical
care and rescue work
must be set up.

Every employer is obliged

to appoint one or more
competent person(s) to
advise and assist in
undertaking the
necessary measures to
comply with the relevant
statutory requirements.

Employers duties (making

employees aware of
evacuation procedures ,
risk assessments, and
appointed persons)

Procedures must be
established for dealing
with serious and imminent
dangers including fire
evacuation plans and
arrangements for other
emergencies.

Where two or more employers

share a workplace, each must:
Cooperate with other employees
in health & safety matters.
Take reasonable steps to
coordinate their safety
precautions.
Inform the other employers of the
risks to their employees.

Management of Health
& Safety at Work
Regulations 1999
Regulation 8
Serious / Imminent
Danger

Management of Health
& Safety at Work
Regulations 1999
Regulation 11, 12, 15
Cooperation and
Coordination

Management of Health
& Safety at Work
Regulations 1999
Regulation 7
Competent Assistance

Management of Health
& Safety at Work
Regulations 1999
Regulation 10
Information for
Employees

Management of Health
& Safety at Work
Regulations 1999
Regulation 6
Health Surveillance

Management of Health
& Safety at Work
Regulations 1999
Regulation 9
Contact with
emergency services

When giving tasks to employees, their

capabilities with regard to health &
safety must be taken into account.
Employees must be provided with
adequate health and safety training:
On recruitment
On the introduction of new
procedures, systems or technology.
Training must be repeated periodically
and take place in working hours.

Employers must protect young persons

from risk at work. The following factors
must be considered:
Physical / psychological capability, pace
of work, temperature, noise, vibration,
radiation, hazardous substances, lack of
training, experience and lack of maturity.
The exception is young people over
school age where: training is needed for
the job, they are supervised, where risk is
reduced AFARP.

Equipment and materials

must be used properly in
accordance with
instructions and training.
Obligations on employees
are extended to include
certain requirements to
report serious and
immediate dangers.

This provision is to
prevent a defence for an
employer by reason of
any act or default of an
employee or a competent
person appointment
under regulation 7.
Employees duties are
unaffected by this
provision.

Where work is of a kind that could

present a risk to new or expectant
mothers and their babies, the risk
assessment must include an
assessment of such risk. Where risks
cannot be avoided, employer must
alter work conditions or suspend on
full pay. The woman must notify the
employer in writing of her pregnancy
or having given birth within the last 6
months or is breastfeeding.

Amendment under MHSWR (As

amended 2006) changes the civil
liability provisions in the
regulations so as to exclude the
right of third parties to take legal
action against employees for
contraventions of their duties
under the regulations. This
extends to employees the same
protection against third party
action as that provided for

Management of Health
& Safety at Work
Regulations 1999
Regulation 14
Duties on Employees

Management of Health
& Safety at Work
Regulations 1999
Regulation 21
Provisions as to
Liability

Management of Health
& Safety at Work
Regulations 1999
Regulation 13
Capabilities and
Training

Management of Health
& Safety at Work
Regulations 1999
Regulation 19
Young Persons

Management of Health
& Safety at Work
Regulations 1999
Regulation 22
Restriction of civil
liabilty for breach of

Management of Health
& Safety at Work
Regulations 1999
Regulation 16-18
New or Expectant
Mothers