Legislation: Health and Safety law

The idea

Health and Safety law requires employers to protect the health, safety and welfare of employees and others affected by the business. Key duties include carrying out risk assessments, providing safe premises, equipment and systems of work, giving information, instruction, training and supervision, and consulting employees on safety matters. Businesses must report serious accidents and keep records. Compliance costs money for training, protective equipment and safer equipment, but it reduces accidents, sick leave, insurance premiums and legal penalties. Non-compliance can lead to enforcement notices, unlimited fines, compensation claims and reputational damage.

What earns the marks

• Identifies the main duties: risk assessments, safe premises and equipment, safe systems of work, training and supervision, and employee consultation.
• Explains that employers must assess risks and take reasonable steps to control them, such as guarding machinery or providing protective equipment.
• Applies health and safety duties to a scenario, for example identifying a hazard in a workshop and the control measure needed.
• Explains that employees also have duties to take reasonable care of themselves and others and to follow safety instructions.
• Explains that serious accidents and incidents must be reported and recorded, and that enforcement action can follow breaches.
• Analyses the costs of compliance, such as training and equipment, against benefits including fewer accidents, lower absence and lower insurance premiums.
• Evaluates the consequences of non-compliance, including fines, compensation, enforcement notices and damage to reputation.

Common mistakes and how to put them right

• Thinking health and safety only applies to factories.

  Put it right: It applies to all workplaces, including offices, shops and construction sites.

• Believing safety is only the employer's responsibility.

  Put it right: Employees must also take reasonable care and follow safety procedures.

• Assuming a risk assessment removes all risk.

  Put it right: It identifies hazards and controls risks so far as is reasonably practicable; some risk may remain.

• Ignoring the cost of compliance.

  Put it right: Businesses must budget for training, equipment and safer systems, and these costs can affect competitiveness.

Exam tips

• Name the specific hazard and the specific control measure rather than writing generally about 'being safe'.
• Link each safety duty to a business consequence, such as reduced absence, lower insurance or avoided fines.
• For evaluation, compare the cost of compliance with the cost of an accident, including lost output and legal fees.
• Use accurate terms such as risk assessment, hazard, control measure, enforcement notice and reporting requirement.