Health & Safety Law (SQA National 5 Business Management): Revision Note

Why is health and safety law needed?

• Health and safety laws exist to protect employees, customers and the public from harm while at work or on business premises

• They make sure that employers create a safe working environment and take responsibility for the wellbeing of everyone affected by their activities

Purposes of health and safety law

Health and Safety at Work Act

• In the UK, the main law is the Health and Safety at Work etc. Act 1974

  • This law applies to all organisations, no matter how big or small

Main principles of the Act

• The Health and Safety at Work Act establishes the following in law:

  1. Every employer has a duty of care to protect the health, safety, and welfare of their employees

  2. Employees must take care of themselves and others who may be affected by their work

  3. Risks should be assessed and controlled wherever possible

  4. Information and training must be provided so everyone knows how to work safely

  5. Health and safety policies should be in place and regularly reviewed

Employers’ responsibilities

• Under the Act, employers have a range of responsibilities

Employees’ responsibilities

• Employees also have a duty to look after health and safety at work

Consequences of not following health and safety law

• If a business fails to meet the requirements of the Health and Safety at Work Act, there can be serious consequences for both the organisation and the individuals involved

Consequences for businesses

• This can include heavy fines or court action, as well as the closure of unsafe premises until safety standards are improved

• Insurance premiums may rise because the business is seen as a higher risk

• The business’s reputation can be badly damaged, leading to a loss of customers and income

• Failing to follow the law can also lead to inspections by the Health and Safety Executive

  • Inspectors have the power to issue formal improvement or prohibition notices and, in serious cases, to shut down unsafe operations entirely

Consequences for individuals

• Managers or employees may face criminal charges if found personally responsible for a safety breach

• Accidents could result in serious injury or death

• Workers may lose their jobs or be held personally liable for negligence

• Those affected can also suffer stress, low morale or loss of confidence after an incident