MHSWR 1999: HSE Risk Assessment Rules

Regulatory citation: Management of Health and Safety at Work Regulations 1999 (SI 1999/3242)

What Are the Management of Health and Safety at Work Regulations?

The Management of Health and Safety at Work Regulations 1999 (MHSWR) set out how employers in Great Britain should manage health and safety. They build on the general duties in the Health and Safety at Work etc. Act 1974 and are best known for requiring suitable and sufficient risk assessments.

Why MHSWR Matters

Risk assessment is the starting point for almost every other health and safety requirement in the UK. MHSWR also sets expectations for planning, competent advice, emergency procedures and protection of vulnerable workers.

Core Requirements

1. Risk Assessment (Regulation 3)

Employers must make a suitable and sufficient assessment of the risks to employees and others affected by their work. Employers with five or more employees must record the significant findings and any group of employees identified as especially at risk.

2. Principles of Prevention (Regulation 4)

Preventive and protective measures must follow set principles, such as avoiding risks, combating risks at source, adapting work to the individual and giving collective protection priority over individual protection.

3. Health and Safety Arrangements (Regulation 5)

Employers must have arrangements for effective planning, organization, control, monitoring and review, recorded where there are five or more employees.

4. Competent Assistance (Regulation 7)

Employers must appoint one or more competent persons to help them comply with health and safety law.

5. Serious and Imminent Danger (Regulation 8)

Employers must establish procedures to follow in serious and imminent danger, including evacuation, and nominate competent people to implement them.

6. Information, Capabilities and Training

Employees must receive comprehensible information about risks and controls, and adequate training when recruited and when exposed to new or increased risks.

7. Protecting Vulnerable Workers

Specific risk assessment duties apply to new and expectant mothers and young persons under 18.

Common Compliance Approaches

Keep Assessments Practical

Focus on significant risks and practical controls rather than long, generic documents.

Involve Workers

Employees often know the real hazards and whether controls work in practice.

Review Regularly

Review assessments after incidents, when work changes, or when there's reason to think they're no longer valid.

Example: Risk Assessment in Practice

A bakery with 25 employees assesses its main risks, including burns from ovens, slips on flour-dusted floors, manual handling of flour sacks and flour dust exposure. It records the significant findings, introduces anti-slip flooring and lifting aids, arranges dust extraction, updates its emergency evacuation procedures and trains staff on the new controls.

Related regulations: HSE Section 2 General Duties, HSE COSHH Regulations, WHS hierarchy of controls.

Note: This summary reflects the regulations as they apply in Great Britain, enforced by the Health and Safety Executive (HSE) and local authorities. Northern Ireland has equivalent but separate legislation. Always check the current legislation and HSE guidance.

Frequently Asked Questions

Is a written risk assessment required by law in the UK?

All employers must carry out a suitable and sufficient risk assessment. Employers with five or more employees must record the significant findings, including any groups of employees identified as especially at risk.

How often should risk assessments be reviewed?

The regulations require a review if there's reason to suspect the assessment is no longer valid or there has been a significant change. Many employers also review at set intervals, such as annually, and after incidents.

What is a competent person under MHSWR?

A competent person has sufficient training and experience or knowledge, and other qualities, to help the employer meet health and safety duties. This can be an employee, an external consultant or a combination.