Employer's occupational health obligation

Category: Health benefits · Reviewed by Taylor Watts, Broker · New Business · Last reviewed 2026-06-10

The employer’s occupational health obligation in UK law is a composite of statutory duties under (i) the Health and Safety at Work etc. Act 1974 — the general duty to ensure so far as reasonably practicable the health, safety and welfare of all employees; (ii) specific regulations imposing health surveillance, risk assessment, and information/training duties on particular risks; and (iii) the Equality Act 2010, which imposes a duty to make reasonable adjustments for disabled employees. Discharging these duties typically requires the employer to commission or maintain access to occupational health expertise.

Category: Health benefits Also known as: Statutory OH obligations Key statute: Health and Safety at Work etc. Act 1974 Related concepts: Occupational health service, Health and Safety Executive HSE, Reasonable adjustments Equality Act 2010

Definition

The general duty under s.2(1) HSWA 1974 is qualified — “so far as is reasonably practicable” — but specific regulations impose absolute or strict duties for defined risks. Compliance is supervised by the Health and Safety Executive and (for premises occupied by the public) by local authority environmental health.

Legal / Regulatory basis

Principal statutory sources: HSWA 1974 ss.2–9; Management of Health and Safety at Work Regulations 1999 (general risk assessment); Control of Substances Hazardous to Health Regulations 2002 (COSHH; including health surveillance for certain substances); Control of Noise at Work Regulations 2005 (hearing surveillance above defined thresholds); DSE Regulations 1992 (eye tests for DSE users); Equality Act 2010 ss.20–22 (reasonable adjustments).

Scope of cover

The scope of the OH obligation depends on the workplace. A typical office-based employer must risk-assess workstations, provide DSE eye tests, maintain stress and mental health risk assessment, and make reasonable adjustments. A manufacturing employer must additionally provide noise, COSHH and (where relevant) vibration health surveillance.

Practical example

A manufacturing employer with 200 employees uses solvent-based adhesives requiring COSHH health surveillance, operates noisy presses requiring annual audiometry above the upper action threshold, and has 20 DSE users in its office. The employer commissions an OH service providing annual audiometry, COSHH health surveillance, DSE eye tests and ad hoc absence case management. The cost is approximately £40 per employee per year.

See also

References

  1. Health and Safety at Work etc. Act 1974 — https://www.legislation.gov.uk/ukpga/1974/37
  2. Management of Health and Safety at Work Regulations 1999 (SI 1999/3242) — https://www.legislation.gov.uk/uksi/1999/3242
  3. Control of Substances Hazardous to Health Regulations 2002 (SI 2002/2677) — https://www.legislation.gov.uk/uksi/2002/2677
  4. Control of Noise at Work Regulations 2005 (SI 2005/1643) — https://www.legislation.gov.uk/uksi/2005/1643
  5. Equality Act 2010, ss.20–22 — https://www.legislation.gov.uk/ukpga/2010/15
  6. Health and Safety (Display Screen Equipment) Regulations 1992 (SI 1992/2792) — https://www.legislation.gov.uk/uksi/1992/2792

This entry is part of the Apex Insurance Wiki. Last reviewed by Matt Bartlett on 2026-06-10. Next review: 2026-12-10.

Apex Insurance Brokers Limited. Authorised and regulated by the Financial Conduct Authority, FRN 724952. Registered in England and Wales, Companies House 07014570. This entry provides general information about UK insurance concepts and is not regulated advice. Consult your insurance broker on your specific position.

Talk to a specialist broker

Apex Insurance Brokers serves UK professional services firms and commercial businesses. Call 0117 325 0027, email hello@apexinsurancebrokers.co.uk, or request a quotation.

Get a quote

This topic in our profession and sector guides

The mechanics of this term appear in the following Apex guides where they apply directly to a specific profession or commercial sector:

Our service promise. We acknowledge every quote request the same working day. For straightforward risks, indicative terms typically follow within five working days. Complex risks — higher-risk buildings, cladding, mid-term proposals requiring fresh underwriting — may take longer; we’ll send you a progress note by the end of the fifth working day in those cases.
★ 4.0 on Trustpilot (verified)|Listed on the ARB PI broker list|FCA FRN 724952