Guide · Health and safety law

Health and safety law for small businesses: where to start.

Sources checked 4 minute readSources: Health and Safety Executive and legislation.gov.uk

In short

The Health and Safety at Work etc. Act 1974 applies to every employer in Great Britain, whatever its size. You must do what is reasonably practicable to protect your workers and anyone else affected by your work. The Management of Health and Safety at Work Regulations 1999 explain how: assess the risks, put sensible controls in place and get competent help. For most small, low-risk businesses, the basics are straightforward.

Example

taking on the first employee

Tom ran a one-man groundworks business for six years. This spring he took on Jay, a labourer, and asked himself what he now had to do. He arranged employers' liability insurance and put the certificate and the law poster up in the site cabin. He walked a typical job with Jay and agreed how they would control the risks from the excavator, open trenches and buried services. He bought a first aid kit and named himself the appointed person. It took days, not weeks.

An illustrative example, not a real case.

What the law says

  • Section 2 of the Health and Safety at Work etc. Act 1974: you must ensure, so far as is reasonably practicable, the health, safety and welfare at work of your employees.
  • Section 3: you must run your business so that other people, such as subcontractors and the public, are not exposed to risks, so far as is reasonably practicable.
  • Section 7: your employees must take reasonable care of themselves and others, and cooperate with you.
  • The Management of Health and Safety at Work Regulations 1999 add more specific duties, shown in the table below.

The basics every employer needs

  • Policy

    What to do
    Write it down if you employ five or more people.
    The law
    The Act, section 2(3)
  • Risk assessment

    What to do
    Record the significant findings if you employ five or more.
    The law
    Management Regulations, regulation 3
  • Competent help

    What to do
    Appoint someone competent to help you.
    The law
    Management Regulations, regulation 7
  • Consultation

    What to do
    Talk to your workers about health and safety.
    The law
    Consultation with Employees Regulations 1996
  • Training

    What to do
    Give clear instructions, training and supervision.
    The law
    Management Regulations, regulation 13
  • First aid

    What to do
    A first aid kit, an appointed person and information for staff.
    The law
    First-Aid Regulations 1981
  • Welfare

    What to do
    Toilets, washbasins, drinking water and a place to rest and eat.
    The law
    Workplace Regulations 1992; CDM 2015 on construction sites
  • Reporting

    What to do
    Report certain injuries, diseases and dangerous occurrences.
    The law
    RIDDOR 2013
  • Insurance

    What to do
    Cover of at least £5 million, with the certificate displayed.
    The law
    Employers' Liability (Compulsory Insurance) Act 1969
  • Law poster

    What to do
    Display the poster or give each worker the leaflet.
    The law
    Information for Employees Regulations 1989

Note: This guide covers the law in Great Britain. A few employers, listed in HSE40, do not need the insurance.

Where to start

  1. List what you do

    Note your work, where you do it and who could be affected.

  2. Put the basics in place

    Work through the table, starting with insurance, risk assessment and first aid.

  3. Talk to your team

    Ask the people doing the work where the real risks are.

  4. Check it works

    Review the controls when the work, the people or the site changes.

Why good advice matters

HSE is clear that paperwork alone does not prove you comply with the law, and that no one has to be hurt for an offence to be committed. Good, practical advice helps you focus on the risks that could seriously hurt someone, not on documents nobody reads.

What the courts have said

  • R v Associated Octel Co Ltd [1996] 1 WLR 1543

    A contractor's worker was badly burned while repairing a tank at a chemical plant. The House of Lords held that having the tank repaired was part of the plant operator's own undertaking, so its duty under section 3 covered him. If contractors do part of your work on your site, you must set reasonably practicable safety conditions for it.

Common questions

Does health and safety law apply to small businesses?

Yes. The Act applies to every employer, whatever its size. The main difference is paperwork: some duties to write things down only apply once you employ five or more people.

Does health and safety law apply if I am self-employed?

It does if you employ anyone, if your work could put other people at risk, or if you do one of six higher-risk activities. Construction is one of them.

What happens if I do not follow health and safety law?

An inspector can give advice, serve an improvement or prohibition notice, or prosecute. If HSE has to help you put things right, you pay for its time under the fee for intervention scheme.

How NXT-HSE can help

NXT-HSE can help you work out which duties apply to your business, put proportionate arrangements in place and check they work on site. Your legal duties stay with your business.

Sources

Sources checked 27 September 2026 against current Health and Safety Executive guidance and legislation. This guide is general information, not legal advice; your legal duties stay with your business.

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