LO1: Health and Safety Legal Requirements
Unit 1: Safety and Security in Construction
AC1.1 — Key Legislation
Construction is one of the most dangerous industries in the UK. A framework of laws exists to protect everyone on and around a site.
Health and Safety at Work Act 1974 (HASAWA)
The Health and Safety at Work Act 1974 is the primary piece of health and safety legislation in the UK. It sets out the general duties that employers and employees owe to each other and to members of the public.
Key requirements:
- Employers must provide a safe place of work, safe systems of work, safe equipment, and adequate training
- Employers with five or more employees must have a written health and safety policy
- Employees must take reasonable care for their own safety and the safety of others
- Nobody may intentionally interfere with or misuse safety equipment
Construction (Design and Management) Regulations 2015 (CDM 2015)
CDM 2015 places duties on everyone involved in a construction project — from the client who commissions the work to the workers on site.
| Duty Holder | Key Duty |
|---|---|
| Client | Ensure suitable arrangements are in place for managing the project |
| Principal Designer | Plan, manage and monitor the pre-construction phase |
| Principal Contractor | Plan, manage and monitor the construction phase |
| Contractors | Plan, manage and monitor their own work |
| Workers | Follow the site rules and report hazards |
CDM 2015 requires a Construction Phase Plan on all sites and a Health and Safety File for projects with more than one contractor.
Control of Substances Hazardous to Health Regulations 2002 (COSHH)
COSHH requires employers to control substances that can harm workers’ health, such as:
- Silica dust (from cutting concrete or stone)
- Asbestos fibres
- Solvents and adhesives
- Cement (causes dermatitis)
Employers must carry out a COSHH assessment before work begins with hazardous substances.
Manual Handling Operations Regulations 1992
These regulations require employers to avoid manual handling where possible. Where it cannot be avoided, they must carry out a risk assessment and reduce the risk of injury.
Construction workers frequently lift heavy materials such as bricks, blocks and timber. Poor technique leads to musculoskeletal injuries — the most common type of workplace injury in construction.
Work at Height Regulations 2005
Working at height is the leading cause of fatal accidents in construction. These regulations apply to any work where a person could fall a distance liable to cause injury — including from ground level into an excavation.
Requirements include:
- Avoid working at height where possible
- Where unavoidable, use collective protection (e.g. edge protection, scaffolding) before personal protection (e.g. harnesses)
- Equipment must be properly inspected and maintained
Personal Protective Equipment at Work Regulations 1992 (PPE Regulations)
Employers must provide suitable PPE free of charge when risks cannot be adequately controlled by other means. PPE must be:
- Appropriate for the risk
- Properly maintained
- Stored correctly when not in use
Electricity at Work Regulations 1989
These regulations require that electrical systems are constructed, maintained and used to prevent danger. On construction sites this means:
- Regular inspection and testing of portable electrical equipment (PAT testing)
- Using 110V (reduced low voltage) systems where possible instead of 230V
- Using residual current devices (RCDs)
Provision and Use of Work Equipment Regulations 1998 (PUWER)
PUWER requires that all equipment used at work is:
- Suitable for its intended use
- Safe and maintained in a safe condition
- Used only by people who have received adequate training
AC1.2 — Roles and Responsibilities
Employer Responsibilities
Employers have a duty of care to their employees and others who may be affected by their work. Under HASAWA, they must:
- Provide and maintain safe plant and equipment
- Ensure the safe use, handling, storage and transport of substances
- Provide information, instruction, training and supervision
- Provide a safe working environment with adequate welfare facilities
- Prepare and review a written health and safety policy
- Carry out risk assessments (required under the Management of Health and Safety at Work Regulations 1999)
Employee Responsibilities
Under HASAWA, employees must:
- Take reasonable care of their own health and safety
- Take reasonable care for others who may be affected by their acts or omissions
- Co-operate with their employer on health and safety matters
- Not interfere with or misuse anything provided for health and safety
- Report any hazards, accidents or near misses
Site Manager / Principal Contractor
The site manager is responsible for the day-to-day management of health and safety on site. Their duties include:
- Enforcing the Construction Phase Plan
- Conducting site inductions for all workers
- Organising and chairing toolbox talks
- Maintaining the site accident book
- Ensuring all workers have the appropriate CSCS card (Construction Skills Certification Scheme)
- Liaising with the Health and Safety Executive (HSE) if required
Health and Safety Executive (HSE)
The HSE is the national regulator for workplace health and safety in Great Britain. On construction sites, HSE inspectors can:
- Inspect sites without prior notice
- Issue Improvement Notices (requiring a problem to be fixed within a set time)
- Issue Prohibition Notices (stopping work immediately where there is a risk of serious personal injury)
- Prosecute employers and individuals for breaches of legislation
Health and Safety Representative
Workers have the right to elect a health and safety representative who can:
- Investigate potential hazards and accidents
- Represent workers in discussions with the employer
- Inspect the workplace
AC1.3 — Reporting Accidents and Incidents
Accident Book
All construction sites must keep an accident book (Form BI 510 or equivalent). Every accident or injury that occurs at work must be recorded in it, no matter how minor. The record must include:
- Date, time and place of the incident
- Name and job title of the person involved
- Details of the injury or condition
- What first aid was given
- Name and signature of the person making the entry
This is a legal requirement under the Social Security (Claims and Payments) Regulations 1979.
RIDDOR — Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013
RIDDOR requires employers, the self-employed and people in control of work premises to report certain serious workplace accidents, occupational diseases and specified dangerous occurrences to the HSE.
What must be reported:
| Type | Examples |
|---|---|
| Fatalities | Any worker or member of the public killed as a result of a work-related accident |
| Specified injuries | Fractures (other than fingers/thumbs/toes), amputations, loss of sight, serious burns |
| Over-7-day incapacitation | Worker unable to perform normal work for more than 7 consecutive days |
| Occupational diseases | Carpal tunnel syndrome, occupational dermatitis, hand-arm vibration syndrome |
| Dangerous occurrences | Scaffold collapse, crane collapse, explosion |
| Near misses | Events that did not cause injury but had the potential to |
How to report: Online via the HSE website or by telephone. Reports must generally be made without delay, with a written report within 10 days for over-7-day injuries.
Near Miss Reporting
A near miss is an unplanned event that did not result in injury, illness or damage but had the potential to do so. Reporting near misses is important because:
- It allows hazards to be identified and controlled before someone is hurt
- For every serious accident, there are many near misses — addressing these prevents future accidents
- It creates a positive safety culture on site
AC1.4 — Consequences of Failing to Comply
Failure to comply with health and safety legislation can have serious consequences for employers, employees, and organisations.
Criminal Prosecution
The HSE or local authority can prosecute organisations and individuals for breaches of health and safety law. Cases are heard in:
- Magistrates’ Court — unlimited fines; up to 12 months imprisonment
- Crown Court — unlimited fines; up to 2 years imprisonment
The Corporate Manslaughter and Corporate Homicide Act 2007 allows organisations to be convicted of corporate manslaughter if a gross breach of a duty of care causes a death. Penalties include unlimited fines and publicity orders.
Improvement and Prohibition Notices
| Notice | Effect |
|---|---|
| Improvement Notice | Requires the duty holder to remedy a contravention within a specified time period |
| Prohibition Notice | Immediately stops an activity where there is a risk of serious personal injury — work cannot resume until the issue is resolved |
Civil Claims
Injured workers or their families can bring a civil claim for compensation against an employer. This can result in:
- Large financial settlements
- Increased employer’s liability insurance premiums
- Long-running and costly legal proceedings
Reputational Damage
Being prosecuted or investigated by the HSE can damage a company’s reputation, leading to:
- Loss of contracts (particularly public sector work where health and safety records are checked)
- Difficulty recruiting skilled workers
- Negative press coverage
Financial Costs
The direct and indirect costs of accidents include:
- Lost productivity while an injured worker is absent
- Recruitment and retraining costs to replace the worker
- Damage to equipment or materials
- Increased insurance premiums
- Time spent on investigations and paperwork