Compliance tools · Environmental, health and safety

HSWA 1974 compliance tool

HSWA 1974 (c. 37) + 11 sub-regulations · Great Britain · Binding instrument

Every account level runs inside a dedicated Claude account. Anyone can try a toolkit in their own Claude account; compliance work runs in a dedicated one. The Claude Max plan is £90 a month, paid to Anthropic, and is not included in any level.

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HSWA 1974 (c. 37) + 11 sub-regulations is a binding instrument in Great Britain. Workplace health and safety duties including COSHH, RIDDOR, PUWER and LOLER.

The free assessment screens for HSWA 1974 when a business employs staff. The Act also places duties on the self-employed whose work can affect other people, and extends to Great Britain.

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• A consolidated compliance report covering all 335 obligations, with every part that does not apply to your business listed as not applicable rather than left out in silence.
• Domain sections carried through as recorded: general duties of employers and the self-employed, premises control and product safety, risk assessment and health surveillance, competent persons and emergency arrangements, and employee duties including temporary workers and vulnerable persons.
• The subsidiary regulations assessed in their own sections: COSHH, work equipment under PUWER, lifting under LOLER, work at height, manual handling and PPE, display screen equipment, the workplace regulations, noise, and RIDDOR incident reporting.
• A consolidated gap list with a severity for every gap, recommendations in priority order, and a coverage table showing every obligation and its status.
• A penalty exposure section on the section 33(1) offence structure: health and safety regulations may not restrict the maximum fine on conviction on indictment (s.15(6)(d)), vicarious liability applies under section 36, officer liability under section 37 and the reverse burden of proof under section 40.

Check that HSWA 1974 applies to your business, free →

Does HSWA 1974 apply to my business?

The Act applies to you if you are an employer, a self-employed person, or a person with control over non-domestic premises used as a place of work in connection with a trade, business or undertaking. It also catches anyone who designs, manufactures, imports, erects, installs or supplies articles or substances for use at work, and every employee.

Who does HSWA 1974 apply to?

The duty holders are every employer, every self-employed person, every person having any degree of control over non-domestic premises made available as a place of work, any person who designs, manufactures, imports, erects, installs or supplies an article or substance for use at work, and every employee. COSHH applies to employers and employees, including relevant self-employed persons, whose work may expose persons to substances hazardous to health.

Does HSWA 1974 apply to a small business?

The instrument has no general size threshold, and COSHH applies to all employers regardless of size. Only three duties carry an explicit five-employee threshold: the COSHH regulation 6(4) record-keeping obligation, the Management Regs recording duties at regulations 3(6) and 5(2), and the HSWA section 2(3) written policy statement.

When does HSWA 1974 apply from, and what are the deadlines?

The Act was enacted on 31 July 1974 and its provisions come into operation on such day as the Secretary of State appoints by order, with different days possible for different purposes (s.85(2)). Deadlines include RIDDOR reports within 10 days (reg. 4(1), 5, 6, 7), over-seven-day incapacity within 15 days (reg. 4(2)), and gas incidents within 14 days (reg. 11(1)).

What does HSWA 1974 require me to do?

You must make a suitable and sufficient risk assessment (Management Regs reg.3(1)-(2)), appoint one or more competent persons to assist with compliance (reg.7(1), (8)), and prepare a written health and safety policy statement brought to the notice of employees (HSWA s.2(3)). You must also consult safety representatives (s.2(6)) and, if requested, establish a safety committee (s.2(7)).

What records or documents does HSWA 1974 require me to keep or produce?

You must record the significant findings of your risk assessment once you have five or more employees (Management Regs reg.3(6)), and keep health records for as long as 40 years under COSHH regulation 11 and Noise Regulations regulation 9. RIDDOR regulation 4 to 13 requires reporting and record-keeping for injuries, diseases and dangerous occurrences, and a working platform inspection report received from another employer must be kept for 3 months (Work at Height Regs reg.12(8)).

What happens if I do not comply with HSWA 1974?

Section 33(1) HSWA creates the principal offences, covering failure to discharge a duty under sections 2 to 7, contravention of sections 8 or 9, and contravention of health and safety regulations or requirements imposed under them. Inspectors may serve improvement notices (s.21) and prohibition notices (s.22), and section 37 makes a director, manager, secretary or similar officer guilty alongside the body corporate where an offence is proved to have been committed with that officer's consent, connivance or neglect.

How is HSWA 1974 different from CDM Regulations 2015?

The Construction (Design and Management) Regulations 2015 provide additional multi-contractor cooperation, coordination and record-keeping duties for construction sites, additional to the Management Regs regulations 11-12 and the Work at Height Regulations record-keeping duties. The HSWA set applies generally to all workplaces, while CDM adds construction-specific duties on top.

How do I start complying with HSWA 1974?

The first practical step is to make a suitable and sufficient risk assessment under Management Regs reg.3(1)-(2), which every other subsidiary instrument in the tool set assumes is already running. Every employer must then appoint one or more competent persons to assist with compliance (reg.7(1), (8)).

Which ComplianceSME account includes the HSWA 1974 toolkit?

The HSWA 1974 agent toolkit is included from the Micro level.

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