Health and Safety - Compliance in the Workplace

Compliance with health and safety in the workplace is vital for a business to run smoothly, since failure to comply may result in fines and penalties which on occasion can be severe. Therefore, the law surrounding health and safety applies to every business.

In this article we will take a closer look at health and safety in the workplace and how an employer can keep the workplace safe and compliant with health and safety regulations.

Context

The Health and Safety at Work Act 1974 (HSWA) is a fundamental piece of legislation for workplaces in the United Kingdom (UK). The Act outlines the framework for managing workplace health and safety in the UK. The Act sets out duties employers have towards employees and members of the public.

Some of the key points of the HSWA are:

• Carrying out risk assessments;
• Ensuring that staff are properly trained;
• Providing safe equipment;
• Providing a safe workplace; and
• Appointing a competent person to oversee health and safety.

Furthermore, there are also additional specific legislation for sectors with greater risk, such as the construction industry, for instance.

The Health and Safety Executive (HSE) is a national regulator for workplace health and safety that is responsible for enforcing workplace health and safety legislation in the UK. In addition, the local authority also carries such rights. Consequently, if either of those organisations believes that a business has committed a breach of health and safety, it may take enforcement action against that business.

Compliance

Being compliant with health and safety relates to following the rules and regulations related to health and safety in the workplace, reducing the risk of accidents in the workplace and protecting workers from injuries. Additionally, employers can avoid liability issues and consequences of such issues such as bad media or increased insurance cost.

Consequences of Non-Compliance

There are a number of potential consequences of non-compliance with health and safety:

• Serious injuries – Non-compliance with health and safety can have tremendous consequences on the lives of employees and in tragic cases can lead to death. According to self-reports from the Labour Force Survey in 2023/24, 604,000 workers sustained a non-fatal injury whereas according to RIDDOR, 138 workers were killed in work-related accidents between 2023/24 period.
• Reputational damage – Within hours an ordinary post on individual’s social media can gain vast attention from the broadcast press and can have enormous consequences on a business’ reputation and future dealings.
• Financial – HSE’s penalties include imprisonment, disqualification and fines of up to £20,000 (in serious cases the fines can be unlimited). In 2024 the highest health and safety fine was £3.2 million plus £20,500 costs for National Grid due to a worker suffering serious burns.

Health and safety compliance – how to achieve it?

Some of the steps a business can take to achieve health and safety compliance include:

• Risk assessment – Carrying out a risk assessment is one of the first steps a business can undertake to ensure compliance with health and safety. By carrying out a risk assessment, a business will be able to see which areas are more likely to cause harm and where more attention is needed to ensure compliance.
• Health and safety policy – By putting in place and enforcing a health and safety policy, workers will be aware of the businesses approach to health and safety. Workers will also know what is expected of them reducing the risk of confusion around the workplace regarding health and safety and who they should report any health and safety concerns to. Regularly monitoring such policies and making appropriate changes will also increase the businesses’ compliance with health and safety.
• Provide information, training and supervision – Those who work for a business must be aware of health and safety rules in their workplace. This can be done by giving clear instructions and information (such as providing them with your health and safety policy). Providing relevant training and supervision will also enable businesses to comply with health and safety.
• Appoint a competent person – By appointing a competent person, compliance with health and safety will be more likely to be achieved since they will have the skills, knowledge and experience to help your business meet compliance requirements.
• First aid in workplace – Businesses should ensure that appropriate first aid needs are identified. Someone trained in the workplace should be appointed in charge of first aid.
• Display the health and safety law poster or leaflet – The poster or leaflet should explain British health and safety laws and lists what workers and their employers should do.
• Communicate with your workers – By talking to your workers about health and safety in the workplace you will know more about the potential risks in the workplace and whether the steps which are already in place are effective. By informing workers about the steps the business takes on a regular basis, potential accidents are less likely to occur.

Conclusion

In conclusion, health and safety compliance in the workplace is one of the priorities businesses should focus on. Non-compliance with health and safety can result in legal liability and can have very unpleasant consequences for a business, such as reputational damage and low morales among workers. Businesses should therefore prioritise focusing on ensuring that their business is compliant with the health and safety requirements.

If you have any questions about health and safety compliance in the workplace our Peace of Mind Team can provide specific advice, and our Document Audit Team can help draft relevant policies. Contact our employment law team by emailing employment@warnergoodman.co.uk or by calling 023 8071 7717.