Legal Duties for Health and Safety Risk Assessments UK

In the UK, employers have a clear legal responsibility to ensure the health, safety, and welfare of everyone affected by their work activities. From employees to visitors and contractors. At the heart of meeting this obligation is to identify hazards. Then the requirement to carry out a proper health and safety risk assessment process.

At The HSRA, we support businesses in navigating their risk management responsibilities. By implementing assessments that are not only compliant, but also practical and effective. Here’s what you need to know about the legal framework surrounding risk assessments in a working environment.  How to ensure your organisation identifies hazards and risks and stays on the right side of the law.

What the Law Says

The core piece of legislation that underpins workplace health and safety in the UK is the Health and Safety at Work etc. Act 1974. This law sets out the general duty for employers to protect the health and safety of their staff and anyone else who might be affected by their business operations.

Building on this, the Management of Health and Safety at Work Regulations 1999 require employers to undertake what's known as a “suitable and sufficient” risk assessment. In simpler terms, that means you need to properly consider the potential risks in your workplace, think about who might be harmed, and put sensible measures in place to reduce those risks.

If your business employs five or more people, you are legally required to keep a written record of your risk assessment findings. That record doesn’t have to be lengthy, but it must be clear and demonstrate that you’ve taken health and safety seriously.

The Key Steps to Risk Assessment

A risk assessment doesn’t need to be complicated — but it does need to be thorough. Here are the key stages involved:

Spot the Hazards – Look around your workplace and consider what might cause harm. This could be anything from trip hazards to machinery or exposure to chemicals.

Work Out Who Could Be Harmed – Think about employees, visitors, contractors, or even members of the public who could be affected by those hazards.

Evaluate the Risks and Decide on Action – Determine how likely it is that harm could occur and how serious it could be. Then decide what control measures can be put in place to minimise those risks.

Keep a Record – For businesses with five or more staff, you must document your findings. Even if you don’t hit that threshold, it’s still good practice to keep notes for future reference.

Review and Refresh – Risk assessments aren’t a one-off task. You should revisit them regularly, especially if something changes in your workplace — like new equipment, processes, or staff.

Don’t Forget to Involve Your Team

Good health and safety management includes listening to the people who are closest to the work. Employees often have valuable insights into potential hazards and what might realistically help to reduce them. Encouraging their input not only improves your assessments — it also helps build a stronger safety culture.

Identifying potential hazards

Identifying potential hazards is the first and perhaps most crucial step in any risk assessment. It involves taking a careful and systematic look at your workplace and work activities to spot anything that could potentially cause harm. This includes obvious physical dangers, such as:

• Exposed wires
• Slippery floors
• Stress
• Noise
• Poor ergonomics. 

To do this effectively, walk through your premises with fresh eyes, manually handling risks. Imagine you’re seeing it for the first time and not just looking for significant findings. Speak to employees, review past incident reports and risk assessment forms. Then consider non-routine tasks or maintenance work that may introduce additional risks. 

It’s also important to take into account external factors, such as weather conditions or nearby hazards from other businesses. A thorough hazard identification process lays the foundation for effective risk control and a safer working environment overall.

Situations That Need Special Risk Assessment Include

While every workplace needs a general risk assessment, certain activities require more specific assessments under other regulations. These include:

• Using hazardous substances (under the COSHH Regulations)
  
• Manual handling tasks
  
• Work with computers and display screen equipment
  
• Lone working or working at height
  

If your work falls into any of these areas, you’ll need to make sure your assessments cover the relevant legal requirements.

What Happens If You Don’t Comply?

Ignoring your legal duties around risk assessments can have serious consequences. If someone is injured and it’s found that you didn’t assess the risks properly, you could face enforcement action, fines, or even prosecution. Beyond the legal implications, poor health and safety management can damage your reputation and affect morale among your staff.

How The HSRA Can Help

At The HSRA, we specialise in supporting businesses of all sizes with their risk assessment responsibilities. Whether you need a one-off review or ongoing support, we’ll help you meet legal requirements and create a safer, healthier workplace.

Need expert help with your risk assessments?

Get in touch with our team today to find out how we can help you stay compliant and keep your workforce safe.