What is the main occupational safety and health law in the United Kingdom and who enforces it?

The main law is the Health and Safety at Work etc. Act 1974 (HSWA), which covers England, Scotland and Wales (Great Britain). It is enforced by the Health and Safety Executive (HSE) and, for premises such as shops, offices, warehouses, hotels and restaurants, by local authorities. Northern Ireland has its own law, the Health and Safety at Work (Northern Ireland) Order 1978, enforced by the Health and Safety Executive for Northern Ireland (HSENI).

Short answer

• Law in Great Britain: Health and Safety at Work etc. Act 1974, plus regulations made under it, such as the Management of Health and Safety at Work Regulations 1999 (MHSWR), COSHH 2002, RIDDOR 2013, DSEAR 2002 and COMAH 2015.
• Law in Northern Ireland: Health and Safety at Work (Northern Ireland) Order 1978 and separate Northern Ireland regulations.
• Enforcers in Great Britain: HSE for industry, construction, chemical and most hazardous work; local authorities for premises listed in the Health and Safety (Enforcing Authority) Regulations 1998; the Office for Nuclear Regulation (ONR) for nuclear sites; the Office of Rail and Road (ORR) for railways.
• Enforcer in Northern Ireland: HSENI, a public body sponsored by the Department for the Economy.
• Prosecution: HSE or the local authority in England and Wales; the Crown Office and Procurator Fiscal Service (COPFS) in Scotland.

What the 1974 Act requires

The HSWA sets general, goal-setting duties rather than detailed technical rules. Section 2 requires every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees, including safe plant and systems of work, safe handling of articles and substances, information, instruction, training and supervision, a safe workplace and adequate welfare. Section 3 protects people who are not employees, such as contractors and the public, and section 7 requires employees to take reasonable care and co-operate.

Detailed duties are in regulations, which are supported by Approved Codes of Practice (ACOPs) and HSE guidance. Under section 17 of the Act, not following an ACOP is not an offence in itself, but in a prosecution the court may treat it as proof of a breach unless the defendant shows compliance in another equally good way. Section 40 puts the burden on the accused to prove that it was not reasonably practicable to do more.

How enforcement is split between HSE and local authorities

The Health and Safety (Enforcing Authority) Regulations 1998 allocate premises by their main activity. Local authorities are the enforcing authority where the main activity is listed in Schedule 1, for example the sale or storage of goods for retail or wholesale distribution, office activities, catering, residential accommodation, consumer services in shops and leisure activities. HSE enforces in every other case, which includes factories, process plants, construction sites, farms, quarries and offshore installations.

Northern Ireland has its own allocation rules, so employers there should confirm the enforcing body for their premises with HSENI.

What inspectors can do

Inspectors may enter premises, examine and investigate, take samples and photographs, require information and direct that things be left undisturbed (HSWA section 20). They can serve an improvement notice requiring a breach to be remedied within a set period (section 21) or a prohibition notice stopping an activity that involves a risk of serious personal injury (section 22). Where HSE finds a material breach and writes to the dutyholder about it, it charges a fee for intervention, which applies only where HSE is the enforcing authority; HSE lists the rate as £188 an hour (rates page updated 1 April 2026).

Common mistakes

• Calling HSE a ministry. HSE is the national regulator that inspects, advises and enforces; the Act and regulations themselves are made by Parliament and ministers.
• Assuming HSE covers Northern Ireland. HSENI enforces the separate Northern Ireland legislation.
• Ignoring local authority enforcement. Offices, shops and warehouses are usually inspected by environmental health officers of the local authority, applying the same law.

Related on excodex

• Occupational safety and health in United Kingdom: law, authorities and employer duties
• UK Health and Safety at Work etc. Act 1974: duties and HSE enforcement
• Key UK health and safety regulations
• What are the penalties for breaking occupational safety rules in the United Kingdom?

Standards and further reading

• Health and Safety at Work etc. Act 1974: https://www.legislation.gov.uk/ukpga/1974/37
• Health and Safety (Enforcing Authority) Regulations 1998 (SI 1998/494), regulation 3 and Schedule 1: https://www.legislation.gov.uk/uksi/1998/494
• Health and Safety at Work (Northern Ireland) Order 1978: https://www.legislation.gov.uk/nisi/1978/1039
• HSE, Health and Safety at Work etc Act 1974: https://www.hse.gov.uk/legislation/hswa.htm
• HSE, Enforcement Policy Statement: https://www.hse.gov.uk/pubns/hse41.pdf
• HSENI: https://www.hseni.gov.uk/

This article is general occupational safety and health information prepared by the excodex editorial team. It does not replace the applicable legislation, standards, manufacturers' instructions or the assessment of a competent OSH professional or occupational physician.