A guide to the Health and Safety at Work Act for the construction industry

Understanding the Health and Safety at Work Act 1974 and its supporting regulations

All workplace Health & Safety laws in the UK exist around the Health and Safety at Work Act 1974 . It establishes a universal framework to protect the health, safety, and welfare of employees and anyone affected by work activities. Even if the world of work has changed a fair bit since 1974, basic Health & Safety principles haven’t.

Before its introduction on 31 July 1974, UK safety laws weren’t very put together, and they were difficult to enforce. The HSWA unified them and gave the Health & Safety Executive (HSE) the authority to oversee compliance and take enforcement action – something it still does today.

In construction, the duty of care is shared by employers, clients, contractors, and site workers. Failure to meet responsibilities can lead to legal action, fines, or serious injury.

To support the HSWA, several key regulations introduced in later years provide additional guidance and structure:

The management of Health and Safety at Work Regulations 1999

These regulations require employers to take a proactive approach to managing risks by:

Carrying out risk assessments
Appointing competent Health & Safety personnel
Providing clear information and training
Preparing emergency procedures

They apply across all industries and help formalise the HSWA’s general duties.

The Construction (Design and Management) Regulations 2015 (CDM 2015)

CDM 2015 focuses on improving Health & Safety throughout construction projects. It places duties on:

Clients, designers, and contractors
Principal designers and principal contractors
Everyone involved in planning and managing site safety

It also requires a construction phase plan and HSE notification for certain projects.

The Control of Substances Hazardous to Health (COSHH) Regulations 2002

COSHH protects workers from risks related to hazardous substances. Employers must:

Identify harmful materials
Conduct risk assessments
Control exposure
Provide training, PPE, and health monitoring

All these regulations work together to help reinforce the HSWA by providing industry-specific rules to manage risk effectively – particularly in high-risk environments like construction.

What the Health and Safety at Work Act covers – key duties and objectives

The Health and Safety at Work Act 1974 sets out the key responsibilities that make the foundation of Health & Safety rules in all UK workplaces, including high-risk sectors like construction. It aims to both enforce compliance and promote a culture of prevention, shared responsibility, and continuous improvement. It’s much easier to manage risks when everyone’s looking out for each other.

The Act covers everything from offices and factories to construction sites. It requires employers to take practical, proportionate steps to safeguard the health, safety, and welfare of their employees and others affected by their work.

Core duties of the act

The HSWA outlines several essential areas of responsibility for employers:

Providing safe systems of work
Employers must set up procedures to ensure tasks are performed safely.
Example: A permit-to-work system for hot works, or SOPs for operating machinery.
Maintaining equipment and plant
All tools and machinery must be in safe working condition.
Example: Regular inspections of cranes and hoists.
Controlling risks from substances or machinery
Employers must reduce hazards related to dangerous materials or equipment.
Example: Mechanical lifting aids or spill kits for hazardous chemicals.
Ensuring safe access for entry and exit
Workers must be able to safely enter and exit work areas.
Example: Clearly marked emergency exits and obstruction-free pathways.
Providing training and supervision
Staff must be properly trained and supported in their roles.
Example: Inductions, toolbox talks, and ongoing supervision.
Maintaining hygienic welfare facilities
Employers must provide clean and usable facilities.
Example: On-site toilets, handwashing stations, and rest areas.

These responsibilities must be integrated throughout a workplace’s lifecycle—from site setup and risk assessments to day-to-day operations. You can’t just set something up at the beginning of a project and not maintain it: Health & Safety has to be a priority from the beginning, right to the very end.

The four key objectives of the HSWA

The Act also promotes four overarching objectives:

Securing the health, safety, and welfare of workers
Employers must actively prevent harm and support physical and mental wellbeing.
Example: PPE provision, daily site inspections, and welfare facilities.
Protecting others affected by work activities
The safety of non-employees—including visitors and the public—must also be considered.
Example: Site fencing, signage, and traffic marshals for busy areas.
Controlling hazardous substances
Hazardous materials must be safely stored, handled, and monitored.
Example: COSHH assessments and labelled chemical storage.
Promoting training and information-sharing
Knowledge is key to a safe workplace.
Example: Regular safety briefings and learning from incident reports.

If you follow these principles and duties, you’ll help your construction businesses reduce risks, stay legally compliant, and foster a safer working culture!

Roles and responsibilities under the Health and Safety at Work Act

The HSWA outlines essential responsibilities for both employers and employees. The construction industry is one of the most dangerous in the UK, so understanding and carrying out these duties is critical to maintaining a safe, compliant, and productive site.

The Act recognises that looking after Health & Safety is a shared responsibility. Employers must provide safe working conditions, but employees must actively cooperate and follow procedures to protect themselves and others.

Employer responsibilities

Employers have a legal duty to protect workers and anyone affected by their activities. These responsibilities go beyond compliance—they help prevent accidents, reduce downtime, and build a strong safety culture. Key duties include:

Providing and maintaining safe plant and equipment
Example: Professionally erected scaffolding, PAT-tested power tools.
Conducting regular risk assessments
Example: Reviewing lifting operations or excavation plans and updating method statements.
Creating safe systems of work
Example: Permit-to-work systems, exclusion zones, and designated spotters for high-risk tasks.
Delivering training and supervision
Example: Site inductions, manual handling courses, and toolbox talks.
Maintaining hygienic welfare facilities
Example: Accessible toilets, wash stations, and rest areas in line with CDM regulations.
Reporting under RIDDOR
Example: Logging serious injuries, such as falls or electric shocks, requiring hospital treatment.

But, if you want to go one step further, it’s worth considering getting SSIP certification (Safety Schemes in Procurement)! This not only helps you make sure you’ve got all your Health & Safety documents, systems, and protocols in place, but it also helps to streamline the tendering process and boosts your reputation as a reliable source.

Employee responsibilities

Employees also have legal obligations under HSWA! They need to be actively involved to keep a site safe and compliant. Workers must:

Take reasonable care for their own and others’ safety
How: Stay alert, use PPE, and avoid risky shortcuts.
Why: Unsafe actions can result in serious harm or death.
Cooperate with safety measures
How: Follow briefings, site rules, and access controls.
Why: Collective compliance ensures site-wide safety.
Follow training and instructions
How: Apply SOPs and refer to toolbox talks when needed.
Why: Procedures only work if consistently followed.
Report hazards and incidents promptly
How: Use hazard cards or notify supervisors immediately.
Why: Quick action helps prevent situations getting out of hand.
Avoid tampering with safety equipment
How: Respect fall protection, fire extinguishers, and signage.
Why: Misuse can compromise site safety and lead to legal consequences.

To build confidence and awareness, many employees complete Health & Safety training or refresher courses. This keeps them updated on best practices, helping them contribute to keeping their work areas safe for everyone.

The importance of training in Health & Safety

Training is vital to workplace safety, especially in construction, where hazards are common and conditions can shift quickly. Even the best safety systems won’t work if workers don’t understand how to use them! That’s why all personnel must be trained in tool use, site-specific risks, control measures, and emergency procedures.

Poor training can lead to serious consequences, especially when it comes to working with machinery or in confined spaces. Even basic first aid knowledge can turn a critical situation into a manageable one.

For new starters or those returning to the site, Health & Safety Awareness training is essential.

Tips for employers: delivering effective training

A proactive approach helps maintain compliance and reduce risk. Here’s how employers can make sure their training is effective:

Identify training needs: Match training to job roles and related risks (e.g. manual handling, working at height, first aid).
Deliver site-specific inductions: Tailor inductions to reflect hazards and procedures unique to each project site.
Use multiple training methods: Mix classroom sessions with on-site demos, toolbox talks, and digital learning to reinforce key messages.
Schedule refresher courses: Update training as regulations, equipment, or methods change to avoid complacency.
Keep accurate records: Track who’s been trained and when it happened to make sure you’re ready for audits and able to identify retraining needs.
Promote a safety-first culture: Encourage open communication, hazard reporting, and ongoing learning to embed safety into daily routines.

By investing in clear, practical training, construction firms not only meet their legal responsibilities, but also build safer, more confident, and more productive teams.

Why Health & Safety compliance—and SSIP certification—matters in construction

Compliance with the Health and Safety at Work etc. Act 1974 is essential in construction, where high-risk activities are a normal part of daily operations. Remember: it’s more than a legal requirement. Working with Health & Safety in mind is an excellent business strategy, too, that protects people, strengthens reputation, and supports growth.

The risks of non-compliance

Failure to meet legal duties can result in serious consequences:

Enforcement action: The HSE may issue improvement or prohibition notices, stopping unsafe work (and any work at all) until the issue’s resolved.
Prosecution: Fines for breaches range from thousands to millions of pounds owed. In severe cases, directors and managers may face criminal charges or imprisonment.
Reputational damage: Unsafe practices can erode trust with clients, workers, and the supply chain, harming future contract opportunities.
Business disruption: Investigations, legal delays, and shutdowns can derail projects and inflate costs.

The benefits of getting it right

Investing in Health & Safety certification can do great things for your business, including:

Lower costs thanks to fewer incidents: Less downtime, reduced claims, and lower insurance premiums.
Better morale and retention: Workers who feel safe are more productive and loyal. Clean welfare facilities, good PPE, and functional equipment show employers care about wellbeing, not just output.
Improved reputation: A strong safety record builds trust with clients, investors, and regulators.
Greater contract opportunities: Many high-value projects, especially in the public sector, require SSIP certification.

Why SSIP certification matters

SSIP (Safety Schemes in Procurement) is a nationally recognised standard that proves your business meets core Health & Safety requirements under HSWA and the HSE. It reassures clients, suppliers, and regulators that your safety systems are consistent, compliant, and robust.

And SSIP also simplifies the tendering process by reducing the amount of times you have to fill out pre-qualification questionnaires and checks! A certification means an accredited Health & Safety body has deemed your company safe to work, which enhances credibility and demonstrates leadership in safety, giving your business that desirable competitive edge.

From beginning to end, embedding Health & Safety compliance into your daily operations will help your company stay protected and secure long-term success.

Here at Smas Worksafe, we offer SSIP and a bunch of useful Health & Safety training modules. Want to find out more? Check out our website or get in touch with our friendly support team today!