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How to Identify Which Health & Safety Legislation Applies to Your Business

UK health and safety law is not a single rule book that every business follows in the same way. Instead, it’s a layered system: the Health and Safety at Work etc. Act 1974 (HSWA) sets out broad duties that apply to almost every employer, while dozens of more specific regulations — made under that Act — only apply depending on what your business actually does. Many owners and managers assume that because they have done a general risk assessment, they are covered. In practice, working out your full legal obligations means looking closely at your activities, equipment, premises and workforce, not just your industry label.

This article walks through the main factors that determine which UK regulations apply to your business, so you can build an accurate picture of your legal duties rather than relying on guesswork.

Start with the general duties under HSWA 1974

The Health and Safety at Work etc. Act 1974 is the foundation of UK health and safety law. It places a general duty on employers to ensure, so far as is reasonably practicable, the health, safety and welfare of their employees, and to protect others — such as contractors, visitors and the public — who may be affected by their work. The Act also places duties on the self-employed and on those in control of premises.

HSWA rarely tells you exactly what to do in a given situation. Instead, it is supported by a wide range of secondary legislation — mostly Statutory Instruments enforced by the Health and Safety Executive (HSE) or your local authority — that add specific, practical requirements. Identifying which of these regulations apply to you depends on several interacting factors.

Houses of Parliament, London

Factor 1: The nature of your work activities

The single biggest driver of applicability is what your business actually does day to day. UK regulations are often built around specific hazards or types of work, meaning two businesses in the same broad sector can have quite different legal obligations depending on the tasks involved. Common examples include:

Each of these activities brings its own dedicated regulations into scope, separate from the general HSWA duties.

Factor 2: The substances and materials you work with

If your business handles chemicals, dust, fumes, biological agents or other hazardous substances, the Control of Substances Hazardous to Health Regulations 2002 (COSHH) is likely to apply — regardless of your sector. This is not limited to obviously “industrial” settings; hairdressers, cleaners, print shops, laboratories and even offices using certain equipment can fall within scope. Applicability depends on the substance itself, how it is used and stored, and the level of exposure risk — not on your business type. Where lead or asbestos are involved specifically, separate dedicated regulations apply on top of COSHH.

Factor 3: Equipment and machinery in use

The Provision and Use of Work Equipment Regulations 1998 (PUWER) generally applies wherever machinery, tools or equipment are used for work — from industrial plant to a simple stepladder or a piece of office equipment. Where lifting equipment is involved (hoists, forklifts, lifts), the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER) also applies, and pressure systems bring in the Pressure Systems Safety Regulations 2000. The trigger here is the presence and use of the equipment itself, not the sector you operate in.

Factor 4: Your premises and how they are used

The type of premises you occupy, and how they are used, brings separate legislation into play:

A business operating from a warehouse, a shop, a construction site or a shared office block may each face different obligations relating to the physical environment, even where their core work activity is otherwise similar.

Factor 5: The size and structure of your business

Some duties scale with headcount. Under the Management of Health and Safety at Work Regulations 1999, employers with five or more employees must record significant findings of their risk assessments in writing and have a written health and safety policy. Businesses below that threshold still carry the same underlying legal duty to manage risk — they simply have lighter documentary requirements. Separately, if you employ anyone, you are generally required to hold Employers’ Liability Insurance under the Employers’ Liability (Compulsory Insurance) Act 1969, with limited exemptions.

Factor 6: Who is affected by your work

UK legislation does not only protect your direct employees. HSWA and related regulations also require you to consider contractors, visitors, and members of the public affected by your activities. This is particularly relevant if you:

  • Invite the public onto your premises (retail, hospitality, leisure)
  • Send staff to work on other organisations’ sites
  • Manage shared workspaces where multiple employers’ activities interact

The Reporting of Injuries, Diseases and Dangerous Occurrences Regulations 2013 (RIDDOR) also applies broadly here — requiring certain injuries, diseases and dangerous occurrences to be reported to the HSE, regardless of whether the person affected was an employee.

Factor 7: Your sector-specific regulatory regime

Certain industries carry their own dedicated regulatory frameworks layered on top of general health and safety law, including:

  • Construction — CDM Regulations 2015
  • Agriculture — regulations covering machinery guarding, livestock handling and pesticides
  • Food businesses — food hygiene regulations sit alongside (not instead of) health and safety law
  • Healthcare — additional infection control and clinical waste regulations
  • Transport and logistics — drivers’ hours rules and vehicle-specific regulations

These sector-specific rules typically sit alongside general legislation like HSWA and the Management Regulations, rather than replacing them.

Factor 8: Enforcement authority and regional variation

In Great Britain, enforcement is split between the HSE (typically for higher-risk sectors like construction, manufacturing and agriculture) and local authorities (typically for offices, retail and hospitality) — it is worth knowing which applies to your business, as this affects who you report incidents to and who may inspect your premises. Note also that Northern Ireland has its own health and safety legislative framework, enforced by the Health and Safety Executive for Northern Ireland (HSENI), which mirrors but is legally separate from GB law. Businesses operating across the UK should check they are not assuming GB regulations automatically extend to Northern Ireland.

Putting it together: a practical approach

Rather than trying to memorise every regulation that might apply, it is more effective to map your business against these factors systematically:

  1. List your work activities — every task carried out by staff, not just the “main” job.
  2. List the substances, equipment and materials involved in each activity.
  3. Map your premises types and how each is used, including shared or third-party sites.
  4. Check your headcount against the five-employee threshold for written documentation.
  5. Identify who else is affected — contractors, visitors, the public.
  6. Check for sector-specific regimes relevant to your industry.
  7. Confirm your enforcing authority (HSE or local authority) and whether Northern Ireland rules apply.

Working through this list will usually surface a shortlist of applicable regulations that goes well beyond HSWA’s general duties alone. Because legislation is periodically updated, it is worth revisiting this exercise whenever your activities, premises or workforce change significantly — and consulting a qualified health and safety adviser or solicitor if you are uncertain how a specific regulation applies to your circumstances.

Getting this right is not just about compliance for its own sake. Understanding exactly which legislation applies to your business is the foundation for building risk assessments, policies and training that address the hazards your people actually face — rather than a generic checklist that misses what matters most.

Determining which legislation is applicable in your business can be complicated and time consuming, although the Health and Safety Executive acknowledges that businesses need to identify the laws relevant to their particular industry and activities.

We identify the health & safety legislation relevant to your specific activities and produce a bespoke legislation register.  We can also provide a regular update service so that you can focus on running your business.  If you would like a quotation or more information about the services we offer, please contact us.

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Proven: Skip Boss Receives a Suspended Prison Term

A skip boss of a business near Braintree that hires out rubbish skips has been sentenced to a 6-month suspended prison term.

Chelmsford magistrates’ court heard about Roy Brett’s “repeated failure” to accept Environment Agency warnings regarding overflowing skips and uncovered waste. Brett’s company, RJ Brett Contracts Ltd, was fined £3,000 for similar offences.

Chair of the bench Andrew McGregor said the site “posed multiple risks to the environment and human safety, including by fire.”

yard full of waste
The yard was full of wood, metal, textiles and builders’ rubbish. 

Between 2024 and this year, Brett refused to comply with repeated orders.

However, Skip boss Brett’s inaction allowed the waste to overflow from an ever-growing number of skips.

Additionally, the site was exposed to the elements, with no sealed drainage.

Roy Brett’s yard is nestled in green fields near Braintree, but he ignored repeated warnings about the number of skips and amount of waste built up at the site

The yard was full of wood, metal, textiles and builders’ rubbish. Hardly any space was left, causing a fire-risk, and a lot of waste was just stored on the ground.  

Brett had claimed he “didn’t do e-mails,” so “missed” written instructions to remove the waste, piled up across the site. But the Environment Agency also warned him in person.

He didn’t have an environmental permit to manage the yard, but finally, after lots of excuses and denial when challenged by the Environment Agency, Brett admitted in court to breaching environmental law. RJ Brett Contracts Ltd was also charged.

Brett faces a custodial sentence if he commits other offences or doesn’t clear the site by November.

Lesley Robertson, enforcement team leader for the Environment Agency in Essex, Norfolk and Suffolk, said:

“It wasn’t credible for an operator like Roy Brett, director of three other waste companies and years of experience, to say he misunderstood the need for an environmental permit or justify having an exemption from needing one. 

“The operation undercut rivals by avoiding permitting and subsistence fees. They also evaded permit conditions designed to protect the environment.”

Essex County Fire and Rescue Service had concerns about the site, too. They told Brett to tidy up the yard, and make sure no waste that could start a fire was brought in.       

The Environment Agency began an investigation into the site in July 2024. Officers found more than a dozen skips brimming with waste. Brett was given 3 months to remove it all.    

Officers were back on site when the deadline passed as the situation hadn’t improved. Brett was then warned the site must be cleaned up, or face prosecution. By early 2025, almost 50 skips filled the yard, some on top of others. Officers also saw large piles of wood and soil. There were also problems with smells.

Brett sought to legitimise his waste operation by registering exemptions from environmental permits that are meant for low-risk activity. But the Environment Agency deregistered the exemptions when the site took on too much waste.   

As well as the order to remove all waste, the 66-year-old, of Winstree Road, Stanway, in Colchester, was sentenced to 6 months in prison, suspended for 18 months. He was ordered to undergo 30 days of rehabilitation activities and told to pay a £154 victim surcharge.

RJ Brett Contracts Ltd was fined £3,000 and must pay a victim surcharge of £1,200, in relation to breaches of the waste removal order. The penalties accompany the custodial sentence and relate to the company’s involvement in those offences.

RJ Brett Contracts Ltd was charged with 4 offences:

  • operating the waste facility at Lanham Green Road in Cressing, without an environmental permit between 3 July 2024 and 31 January 2025;
  • and between 1 February 2025 and 30 January 2026, both contrary to regulations 12 and 38 (1)(a) of the Environmental Permitting (England and Wales) Regulations 2016;
  • failing to comply with a notice dated 28 November 2024, requiring the company to remove controlled waste from the site by 30 January 2025, contrary to sections 59ZB(2) and 59ZB(6) of the Environmental Protection Act 1990;
  • and keeping controlled waste at the site in a manner likely to cause environmental pollution or harm to human health, contrary to section 33(1)(c) contrary to Section 33(1)(c) of the Environmental Protection Act 1990.

Roy Brett was also charged with 4 offences:

  • contrary to regulations 12, 38(1)(a) and 41(1) of the Environmental Permitting (England and Wales) Regulations 2016, knowing of or contributing to operation of the waste facility at Lanham Green Road, in Cressing, by RJ Brett Contracts Ltd, without an environmental permit between 3 July 2024 31 January 2025;
  • and between 1 February 2025 and 30 January 2026;
  • contrary to section 59(5) and s157(1) of the Environmental Protection Act 1990. knowing of or contributing to RJ Brett Contracts Ltd failing to comply with a notice dated 28 November 2024 served on the company, requiring it to remove controlled waste from the site by 30 January 2025;
  • contrary to sections 33(1)(c) and 157 of the Environmental Protection Act 1990, knowing of or contributing to RJ Brett Contracts Ltd keeping controlled waste in a manner likely to cause pollution to the environment or harm to human health.

Anyone can check to see if a site is licensed to receive waste.  The register can be found on the Environment Agency’s website here.

If you require expert assistance for your waste business, please reach out to the Ashbrooke advisory team today.

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The Essential Guide to Environmental Permit Management Systems

Executive Summary

An environmental permit management system provides a structured framework of procedures to minimise pollution risks from permitted activities.

For regulated waste management, mining, or installation facilities, maintaining a written management system is a regulatory requirement.

This document outlines statutory compliance frameworks, risk assessments, site planning, and operational records to satisfy Environment Agency expectations.

Regulatory context and application requirements

1. Regulatory Context and Application Requirements – Environmental permit management system

The scope and submission requirements depend on the nature of the application.

Moreover, the complexity of site operations determines the system needs, including • Environmental permit management system.

Additionally, Standard Rules permits the – Environmental permit management system.

  • Risk Identification: Specific operational risks are pre-determined within generic risk assessments.
  • Submission Protocol: You do not need to submit the system documentation during the application phase.
  • Deployment Deadline: The complete management system must be fully operational prior to commencing site activities.
  • Regulatory Assessment: Documentation is typically evaluated during the pre-operation site inspection by an Environment Agency officer.
  • Combustible Waste Provision: Standard rules applications involving combustible waste storage require the concurrent submission of a robust Fire Prevention Plan (FPP).
Man sampling water

We manage bespoke permits through the environmental permit management system.

  • Risk Identification: Operational hazards must be explicitly identified via a site-specific risk assessment.
  • Submission Protocol: A comprehensive summary of the management system must be included as part of the formal application pack.
  • Water & Groundwater Exemptions: Standalone water discharge or groundwater activity applications (Forms B6.5 or B6.6) do not require advance submission of the management system summary, but the system must be fully implemented prior to operation.

2. Certified Environmental Management System (EMS) Standards. Additionally, they align with the environmental permit management system to meet regulatory requirements.

For large-scale or high-risk facilities, such as industrial installations and hazardous waste processing operations, the Environment Agency favours these systems.

Moreover, they are part of the environmental permit management system and are built around recognised international frameworks.

Utilising an independently verified system enhances regulatory confidence and can reduce inspections under the OPRA methodology.

As part of the environmental permit management system, operators must state if their system is modelled on accredited standards. Additionally, they should indicate whether it is modelled on any listed standards.

Note: Accredited certification (verified by UKAS) demonstrates robust governance, but it does not absolve the operator of liability.

However, this does not absolve the operator of liability for individual permit breaches within the environmental permit management system.

3. Site Infrastructure and Spatial Planning Requirements are addressed within the environmental permit management system.

Operators must compile scaled, detailed site plans showing where permits and exemptions take place within the environmental permit management system. Additionally, high-risk or complex sites frequently require multiple standalone drawings to fulfil regulatory requirements.

Core infrastructure components (Waste, Installations, and Mining) are central to the environmental permit management system.

Site plans for the management system must clearly mark the locations of the following assets.

Additionally, this relates to the environmental permit management system.

  • Structural Assets: Buildings, treatment facilities, incinerators, silos, and perimeter security fencing.
  • Hazardous Storage: Containment areas for oils, fuel tanks, chemical bunds, and raw waste stock.
  • Emergency Equipment: Spill kits, absorbents, and critical emergency response machinery.
  • Logistics Access: Dedicated entry and exit pathways for emergency service vehicles.
  • Pollution Control Points: Environmental monitoring stations, sampling points, and inspection manholes.
  • Effluent Infrastructure: Trade effluent or sewage treatment plants and final discharge outfalls.
  • Historical Liabilities: Any parcels of land with known or suspected historical ground contamination.

Additionally, mapping of drainage and utilities supports the environmental permit management system for regulatory compliance.

Drainage networks require precise colour-coding and directional labelling. Additionally, implementing an environmental permit management system supports consistent labelling and compliance.

  • Foul and Combined Drainage: Must be marked clearly in red.
  • Surface Water Drainage: Must be marked clearly in blue.
  • Flow Mechanics: Plans must display water flow direction, discharge connection points (to sewer, soak-away, or watercourse), manhole covers, interceptor tanks, and isolating stop/diverter valves.
  • Utility Routing: Main inlets and distribution paths for mains water, gas, and electricity must be charted, with explicit positioning of water stop taps and utility isolation switches.

Additionally, standalone water discharge and groundwater activities are managed under the environmental permit management system.

Furthermore, for point-source water and groundwater authorisations, the site plan must isolate within the environmental permit management system.

  • The wastewater treatment infrastructure.
  • Statutory sample collection and monitoring points.
  • Mitigation infrastructure and environmental emergency equipment.
  • The defined surface water outlet or groundwater infiltration system.
  • The designated field boundaries for land-spreading activities (where applicable).

4. Operational Control Plans and Specific Sub-Systems for the environmental permit management system.

A compliant management system breaks down site operations into distinct phases.

Additionally, start-up, normal operation, and shut-down are the phases for the environmental permit management system.

Operators must identify the environmental risks associated with each sub-process and outline specific mitigation actions.

Waste storage plans are integral to the environmental permit management system and ensure safe, compliant operations.

Waste facility operators must document an explicit waste storage strategy detailing.

In addition, this record should be maintained in the environmental permit management system.

  • Maximum storage duration thresholds for every distinct waste streams.
  • Control measures to prevent emissions during extended storage.
  • Absolute volume limits and maximum pile heights for all stored materials.
  • Waste identification procedures and strict segregation protocols for incompatible materials.
  • Pre-acceptance and acceptance procedures to prevent the receipt of unpermitted waste.

The environmental permit management system manages Fire Prevention Plans (FPP).

Facilities storing combustible waste must submit a standalone, robust Fire Prevention Plan detailing prevention, detection, containment, and mitigation measures.

Within the environmental permit management system, the Environment Agency assesses these plans stringently against hourly review rates.

Consequently, failing to secure approval on initial submission significantly elevates regulatory costs.

Site Condition Reports (SCR) relate to the environmental permit management system.

For installations, waste operations, and mining permits, a Site Condition Report must be maintained throughout the lifecycle of the permit. This document logs historical spills, baseline land/groundwater data, and evidence verifying effectiveness in the environmental permit management system. It serves as the primary legal benchmark when applying to surrender a permit.

Standalone Environmental Management Documents cover the environmental permit management system and its related compliance.

Depending on site risks, the Environment Agency will require separate, standalone document submissions for individual environmental vectors.

Consequently, this enables the environmental permit management system to support distinct internal specialist reviews.

  • Odour Management Plan (OMP)
  • Emissions Management Plan (EMP)
  • Noise and Vibration Management Plan (NVMP)
  • Pests Management Plan (PMP)

5. Additionally, Contingency, Emergency, and Climate Change Resilience within the environmental permit management system.

Accident prevention and risk mitigation are essential in the environmental permit management system.

Operators must maintain emergency contingency frameworks that assess the likelihood and consequences of unexpected disruptions.

Additionally, the system must outline proactive preventative actions and emergency response procedures for environmental permit management system.

  • Core equipment breakdowns or sudden utility failures.
  • Enforced or emergency facility shutdowns.
  • Vandalism, security breaches, and deliberate damage.
  • Fires, flash flooding, and severe weather anomalies.

Emergency documentation must include formal accident logging forms, emergency contact directories, and a transparent review schedule. Additionally, operators should actively engage local emergency services and verify flood warning registrations within the environmental permit management system.

Cyber security protocols are essential and an environmental permit management system can support compliance and business continuity.

Modern waste infrastructure and environmental monitoring systems rely heavily on automated computer control systems. Additionally, operators must integrate risk controls aligned with NCSC guidelines to protect software in the environmental permit management system.

Climate Change Adaptation Strategy supports the environmental permit management system to enhance resilience.

In accordance with UK climate projections, operators must evaluate the long-term impact of severe weather shifts on permit compliance. Additionally, these shifts are relevant to the environmental permit management system.

  • Short-to-Medium Term: Operational processes must show resilience against a 2°C global mean temperature rise by 2050.
  • Long-Term Asset Planning: For long-lifecycle facilities, operators must evaluate potential risks up to a 4°C temperature rise by 2100.
  • Methodology: Risk assessments should leverage ISO 14090:2019 standards and the Environment Agency’s industry sector examples for climate adaptation.

6. Corporate Governance, Training, and Audits

Moreover, staff competence and training infrastructure supports operational effectiveness in the environmental permit management system.

For the environmental permit management system, compliance with the permit requires adequate resource allocation and clearly defined operational roles. Additionally, operators must establish formal procedures.

  • Assign and document individual technical competence responsibilities.
  • Verify external contractor credentials and internal staff qualifications.
  • Maintain central registries of regulatory certifications, safety inductions, and refresher training.

Public Information Provisions outline the environmental permit management system.

Waste and installation permits carry a statutory obligation.

Maintain a clearly visible, weatherproof notice board at the site entrance as part of the environmental permit management system.

The board must display:

  • The registered permit holder’s corporate name.
  • A designated 24/7 emergency contact name and phone number.
  • Explicit confirmation that the facility is regulated by the Environment Agency.
  • The unique environmental permit reference number.
  • Statutory Environment Agency contact numbers: General Enquiries (03708 506506) and the Incident Hotline (0800 807060).

7. Record keeping, auditing, and system reviews support environmental permit management system.

This statutory record retention checklist applies to the environmental permit management system.

Operators must maintain structured archives documenting the active execution of the permit management system. Critical records include:

  • Current and historical environmental permits and legal variations.
  • Comprehensive risk assessments and secondary management plans (e.g., Mops).
  • Detailed calibration records for environmental monitoring and sampling equipment.
  • Logs of all internal compliance checks, audit findings, and remedial actions.
  • Formal complaints ledgers detailing root-cause investigations and resolution outcomes.

Waste Transfer Log Obligations

For every incoming delivery of waste material, operators must capture and preserve the following metrics:

  • Absolute quantity (verified weight or volume).
  • The statutory six-digit List of Waste (LoW) Code.
  • Origin location and complete corporate identity of the waste producer.
  • Date and time of arrival on site.
  • The original generation date (mandatory for odorous or putrescible waste streams).
  • Detailed containment logs for any rejected or quarantined materials.

Mandatory System Review Triggers

A permit management system is a dynamic document. It must be updated immediately upon the occurrence of any of the following events:

  • Technical modifications to onsite machinery, infrastructure, or operational capacities.
  • The submission of an application to vary the existing environmental permit.
  • Post-incident reviews following a site accident, permit breach, or formal complaint.
  • The introduction of new environmental controls to mitigate an emerging risk.

8. Site Closure and Permit Surrender

Environmental permits cannot be abandoned unilaterally when operations cease. Legal obligations remain active until the Environment Agency formally approves a Permit Surrender Application.

For landfills and Category A mining waste facilities, a transitional period of site closure applies. During this phase, operators must maintain active emissions monitoring regimes and submit final site closure updates via the Site Condition Report, proving conclusively that the land and groundwater have been returned to a satisfactory state.

Technical Support and Consultancy

Developing, implementing, and defending a regulatory management system requires specialist technical oversight. For bespoke assistance with permit applications, Fire Prevention Plans, or standalone environmental management documents, contact our regulatory advisory team for professional consultation.

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Do I really need a legislation register?

A legislation register is a critical component of any robust corporate governance framework. In an increasingly complex regulatory landscape, organisations must actively track, evaluate, and fulfil their legal obligations. Integrating a centralised legal register into your management system ensures continuous compliance, mitigates operational risk, and satisfies the rigorous requirements of international standards like ISO 9001, ISO 14001, and ISO 45001 (previously OHSAS 18001).

auditor with clipboard
A legislation register with ensure your business is prepared for change

The Strategic Value of a Legislation Register in ISO Management Systems

Modern corporate governance demands a proactive approach to regulatory risk. Organisations can no longer afford to treat legal compliance as an afterthought or a reactive exercise. To achieve long-term commercial resilience, executive leadership must embed a structured legislation register directly into the core of their business management frameworks.

A legislation register—often referred to as a legal register—is a comprehensive database that identifies, organises, and monitors all statutory, regulatory, and contractual obligations applicable to an organisation’s operations. Far from being a static document, it serves as a dynamic compliance anchor that protects businesses from litigation, financial penalties, and reputational damage.

For enterprises operating under international management standards, maintaining this register is not merely a best practice; it is a foundational requirement.

Aligning Legal Registers with ISO Standards

International standards established by the International Organisation for Standardisation (ISO) place significant emphasis on compliance management. A well-maintained legislation register serves as definitive evidence that an organisation understands and actively manages its legal landscape.

1. ISO 9001: Quality Management Systems (QMS)

While ISO 9001 focuses primarily on consistently meeting customer expectations and enhancing satisfaction, it explicitly intersects with statutory and regulatory mandates. Clause 1.1 states that the standard applies to organisations needing to demonstrate their ability to consistently provide products and services that meet both customer and applicable statutory and regulatory requirements.

A legislation register ensures that the legal parameters governing product safety, consumer protection, and industry-specific manufacturing laws are clearly defined and mapped to operational quality controls.

2. ISO 14001: Environmental Management Systems (EMS)

Under ISO 14001, the management of environmental compliance obligations is a strict, mandatory requirement. Clause 6.1.3 demands that organisations determine and have access to the compliance obligations related to their environmental aspects. Furthermore, Clause 9.1.2 requires planned evaluations of compliance status.

An environmental legislation register provides the exact framework needed to track complex rules concerning emissions, waste disposal, hazardous material handling, and resource consumption. Without it, verifying adherence during a third-party ISO audit is virtually impossible.

3. ISO 18001 / ISO 45001: Occupational Health and Safety (OH&S)

Historically, OHSAS 18001 set the global benchmark for workplace safety, requiring organisations to identify and access applicable legal requirements. This standard has since been succeeded and elevated by ISO 45001, which maintains an even stricter focus on legal frameworks. Clause 6.1.3 of the modern OH&S standard requires the systematic determination of legal and other requirements, while Clause 9.1.2 mandates periodic compliance evaluations.

A safety-focused legislation register tracks building regulations, machine guarding standards, personal protective equipment (PPE) mandates, and workers’ compensation laws, fundamentally reducing workplace incidents and liability.

Core Operational Benefits of a Centralised Legal Register

  • Risk Mitigation: Isolates potential compliance breaches before they result in punitive fines, operational shutdowns, or executive prosecution. Valued by regulatory bodies such as the Health and Safety Executive, the Environment Agency and others.
  • Streamlined Auditing: Provides internal and external auditors with immediate, organised, and verifiable evidence of regulatory adherence.
  • Operational Continuity: Centralises specialised regulatory knowledge, ensuring corporate compliance protocols survive leadership transitions or personnel changes.
  • Proactive Adaptability: Establishes a systematic review cycle that alerts management to upcoming legislative adjustments, giving operations ample time to adapt.

Best Practices for Execution

An effective legislation register must transcend a simple list of titles. To deliver true corporate utility, it should include:

  • Specific Granularity: Reference exact sections, clauses, and amendments relevant to the business.  Ensure the register entries are relevant to your business, off the shelf update services may not provide this level of detail.
  • Process Mapping: Link every legal requirement directly to an internal policy, operating procedure, or specific asset.
  • Assigned Accountability: Designate a qualified internal owner responsible for monitoring each piece of legislation.
  • Evidence Log: Maintain a digital audit trail proving when compliance was last evaluated and verified.
  • Maintain the register: once your register is in place, ensure that it is regularly maintained and updated.  Laws and regulations change and your business must be aware and plan for such changes.

Conclusion

A legislation register is an indispensable component of successful ISO 9001, ISO 14001, and ISO 45001 management systems. By transforming legal compliance from an administrative burden into an organised asset, organisations safeguard their operational integrity, validate their commitment to corporate responsibility, and build a sustainable foundation for international commercial growth.

Need Help Implementing This?

If you require expert assistance preparing or maintaining a legal register for your business, please reach out to the Ashbrooke advisory team today.

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Managing Home Workers’ Health & Safety: An Employer’s Guide

As an employer, you hold the exact same legal health and safety responsibilities for remote staff working at home as you do for on-site office workers. According to the Health and Safety Executive (HSE) guidelines, these duties extend to all long-term home workers, hybrid staff splitting time with the office, and temporary home workers managing short-term restrictions. While risks are typically low, proactive management protects your business and your people.

Female worker at home using laptop
Are your employees safe working at home?

Identifying Key Areas of Remote Work Risk

What are the primary hazards when staff work from home? While remote environments are generally low risk, the HSE outlines three specific categories employers must address:

  • Mental well being: Stress, isolation, and poor mental health.
  • Ergonomics: Improper use of display screen equipment (DSE).
  • Physical Space: Hazards within the immediate working environment.

Conducting a Remote Worker Risk Assessment

Do employers need to visit staff homes?

In most cases, employers do not need to physically visit a home to complete a risk assessment, provided they can ensure a healthy setup remotely. However, a physical visit may be required under certain circumstances:

  • To accommodate a worker with a disability or specific medical requirement.
  • If the work activity introduces severe hazards, such as specialised machinery, tools, or chemicals.

Practical steps for remote risk discovery

To effectively assess your work-from-home team without entering their properties, utilise these direct strategies:

  • Distribute digital self-assessment questionnaires and home configuration checklists.
  • Schedule mandatory phone or video consultations to talk through setups individually.
  • Outline clear parameters regarding the type of work being performed and the duration of the tasks.

Note: If your risk assessment highlights a need for corrective action or specialised equipment, your workers cannot be financially charged for these.

What if a home is unsafe for remote work?

If an employer determines that a home is not a suitable work environment and reasonably practicable protective measures cannot be implemented, alternative arrangements must be mutually agreed upon. This includes providing dedicated workspace inside the office or arranging another safe, local work location.

Managing Employee Stress and Mental Health at Home

Remote working can place unique psychological demands on your staff. Deprived of day-to-day social contact, remote employees are highly vulnerable to isolation, which can trigger severe pressure or aggravate pre-existing mental health conditions.

Practical ways to combat remote isolation

Because it is harder to recognise behavioural symptoms of stress without face-to-face interaction, employers should integrate structured checkpoints:

  • Open Dialogue: Talk openly with employees about stress, and actively involve them in building your corporate stress risk assessments.
  • Frequent Contact: Build in regular keep-in-touch meetings via one-to-one phone check-ins and accessible team video calls.
  • Occupational Support: Frequently remind remote staff of available mental health resources, corporate counselling, or employee assistance programs.

Promoting a Healthy Work-Life Balance

Remote staff frequently work longer hours, leading to severe burnout. employers should regularly audit workloads and training needs to ensure timelines remain realistic. Actively encourage your remote workforce to take structured screen breaks, use their allocated annual leave, and log off completely without feeling an obligation to monitor emails outside of normal working hours.

Complying with DSE Regulations at Home

Employers must protect remote workers from the physical strains associated with laptops and desktop computers under the Display Screen Equipment (DSE) regulations.

Streamlining the DSE assessment

If the regulations apply to your staff, a dedicated DSE assessment must be executed for both their home setup and office workstation. Employees can complete these as self-assessments once they are given proper training.

Your primary objectives are to ensure:

  • Workers can easily achieve a comfortable, sustainable, and ergonomically sound posture.
  • All hardware, peripherals, and equipment provided are fully functional and safe.

Employees do not necessarily require specialised office-grade furniture if their personal setups are ergonomically sound. However, if an individual’s personal furniture is inadequate, the employer must bridge the gap. Risks must be reduced so far as “reasonably practicable”—meaning you must balance the level of real risk against the cost, time, and trouble of the control measures.

Ensuring a Safe Physical Working Environment

Employers must take reasonable steps to verify that the home working environment itself is physically safe.

Electrical equipment and cable safety

While you are only legally liable for the specific electrical assets your company provides, you must ensure they are operated safely. Instruct workers to perform routine visual checks on sockets, plugs, and leads for signs of damage. Additionally, provide explicit guidance on the fire hazards associated with overloaded extension cables.

Mitigating slips, trips, and falls

Provide your team with practical advice on how to keep their immediate workspace clear of hazards. Remote workspaces should remain clear of floor obstructions, un-mopped spillages, and trailing equipment wires.

Emergency procedures and lone working

Ensure your remote team knows precisely what to do during an emergency. Supply them with a protocol document outlining emergency contact numbers, and maintain an updated emergency contact registry for every remote employee in case they become uncontactable. For staff operating with zero direct supervision, review the specialised lone-working safety tools hosted directly by the HSE.

How to report a home-based accident under RIDDOR

Not every home accident is a workplace incident. An injury or illness is only reportable under the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) if it directly stems from:

  1. The specific work activity being carried out.
  2. The specialised equipment provided by the employer to complete that work.

Detailed reference criteria to evaluate home injuries can be found via the official health and safety portals.

Need Help Implementing This?

If you require expert assistance executing compliant risk assessments, DSE audits, or updated remote worker policies for your business, please reach out to the Ashbrooke advisory team today.

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Second Fine in Under a Year Devastates Packaging Manufacturer

A plastic packaging manufacturer has been fined for the second time in less than a year after a worker suffered a severe crush injury when their hand was drawn into the rollers of an unguarded laminating machine at its site in Telford.

Reflex Flexible Packaging Limited was sentenced in November 2025 after an employee died when he became trapped in an unguarded machine at the company’s site in Langley Mill, Derbyshire. This latest case relates to a separate incident on 17 January 2025, at the company’s Telford premises, when a worker suffered serious injuries while cleaning an unguarded machine.

The machine and the rag caught between two in-running rollers
The machine and the rag caught between two in-running rollers

The worker, a laminator operative and shift supervisor employed by the company, was injured while cleaning a laminator machine at the company’s premises on Halesfield, Telford.

The worker was cleaning the machine’s unguarded rollers using rags after a production run had finished. As they cleaned the machine, a rag became caught between two in-running rollers and pulled their left hand into the nip point between them. Their hand was drawn into the machine up to the wrist.

A colleague immediately activated the emergency stop, allowing the worker to free their hand from the unguarded machine. They were taken to hospital with a severe crush injury. The worker underwent two operations on their left hand, spent four nights in hospital and later required physiotherapy to rebuild strength in the injured hand.

An investigation by the Health and Safety Executive (HSE) found that Reflex Flexible Packaging Limited had failed to ensure effective measures were in place to prevent access to the dangerous moving parts of the laminating machine. The machine was unguarded and presented a danger.

The company had failed to provide a fixed guard to prevent access to the in-running nip point between the rollers during cleaning operations. The HSE investigation also revealed that the company’s risk assessment and safe system of work were not suitable and sufficient. The cleaning operation had not been properly assessed and the risk of a worker being drawn into the machine during cleaning had not been identified. The safe system of work also failed to provide clear instructions regarding the use of the foot pedal to rotate the rollers during the cleaning process.

Photo of signage put in place following the incident.
Photo of signage put in place following the incident

HSE guidance states that employers must take effective measures to prevent access to dangerous parts of machinery. Where access to dangerous parts is foreseeable, employers should follow the hierarchy of control measures set out in the Provision and Use of Work Equipment Regulations 1998, giving priority to engineering controls such as fixed guarding wherever reasonably practicable.

Risk assessments should consider not only normal production activities, but also tasks such as cleaning, maintenance and repair where dangerous parts may become accessible to workers.

Work Equipment Guidance

The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.  PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), pressure equipment must meet the Pressure Systems Safety Regulations 2000 and personal protective equipment must meet the Personal Protective Equipment at Work Regulations 1992 (PPE).

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it
  • take effective measures to prevent access to dangerous parts of machinery. Unguarded machinery parts can present a danger, This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous parts before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations 2008). You must check it:

  • has appropriate conformity marking and is labelled with the manufacturer’s details 
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

If you require health, safety or environmental advice for your business, please contact one of the Ashbrooke team.

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Explosion prosecution

An explosion prosecution by the Health and Safety Executive (HSE) has highlighted the risks associated with handling solvents and the DSEAR rules. A solvents manufacturer has been fined following an explosion at its factory in the Scottish Borders.

The blast at Rathburn Chemicals in Walkerburn on 10 January 2020 resulted in a laboratory, which was part of the factory, being demolished.

It was likely caused by excessive pentane vapour, generated by the company’s distillation process, overheating and being ignited by the site’s extraction system causing an explosion.  Fortunately, no one was injured by the explosion.

A HSE investigation found Rathburn Chemicals had an inadequate system in place which failed to control the amount of steam and heat being generated during its distillation process. The company also failed to adequately detect any signs of overheating which could lead to flammable vapour being ignited.

The HSE has published guidance on how to eliminate or reduce the risk of explosion in such circumstances which is available free on their website – The Dangerous Substances and Explosive Atmospheres Regulations 2002 – Fire and explosion.

Rathburn Chemicals (Manufacturing) Limited, of Caberston Road, Walkerburn, Peeblesshire, pleaded guilty to breaching Section 2(1) and Section 33(1)(a) of the Health and Safety at Work etc. Act 1974. The company was fined £40,000 and ordered to pay a victim surcharge of £3,000 at Lothian and Borders Sheriff Court on 20 September 2024.

HSE inspector Isabelle Martin said:

“This was a serious incident and it is fortunate that no one was injured by the blast. The explosion could have been avoided had Rathburn Chemicals simply carried out the correct control measures and safe working practices.

“This case also highlights the risks from distilling flammable substances, the need for reliable control measures and adequate training of employees. Companies looking for further advice on this issue can find readily available guidance on the HSE website.”

Explosion prosecution DSEAR

What is DSEAR and how to prevent an explosion?

DSEAR stands for the Dangerous Substances and Explosive Atmospheres Regulations 2002.

Dangerous substances can put peoples’ safety at risk from fire, explosion and corrosion of metal. DSEAR puts duties on employers and the self-employed to protect people from these risks to their safety in the workplace, and to members of the public who may be put at risk by work activity.

What are dangerous substances?

Dangerous substances are any substances used or present at work that could, if not properly controlled, cause harm to people as a result of a fire or explosion or corrosion of metal. They can be found in nearly all workplaces and include such things as solvents, paints, varnishes, flammable gases, such as liquid petroleum gas (LPG), dusts from machining and sanding operations, dusts from foodstuffs, pressurised gases and substances corrosive to metal.

What does DSEAR require?

All employers must:

  • find out what dangerous substances are in their workplace and what the risks are associated with them
  • put control measures in place to either remove those risks or, where this is not possible, control them
  • put controls in place to reduce the effects of any incidents involving dangerous substances
  • prepare plans and procedures to deal with accidents, incidents and emergencies involving dangerous substances
  • make sure employees are properly informed about and trained to control or deal with the risks from the dangerous substances
  • identify and classify areas of the workplace where explosive atmospheres may occur and avoid ignition sources (from unprotected equipment, for example) in those areas.

If you require health and safety advice for your business, please contact one of the Ashbrooke team.

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Dangerous machinery leads to fine

A North London food manufacturer has been fined £150,000 for failing to prevent access to dangerous machinery.

The failings came to light following a routine inspection by Britain’s workplace regulator – the Health and Safety Executive (HSE) in October 2023.

During the visit to Wembley-based Oriental Delight (UK) Limited, the HSE inspector identified multiple failings related to the guarding of machinery. Three machines were deemed unsafe due to interlocking safety devices being defeated and guards being completely removed.

Dangerous machinery

However, it was not the first time the food company had come onto HSE’s radar, with prohibition notices being issued in both 2016 and 2019.

Identical dangerous machinery failings were again found at the inspection in October 2023, demonstrating that the company had not only failed to sustain improvements, but had effectively ignored the HSE’s previous enforcement action by continuing to use these machines in an unsafe manner.

On 4 September 2024, at Westminster Magistrates’ Court, Oriental Delight (UK) Limited pleaded guilty to three breaches of Regulation 11(1) of The Provision and Use of Work Equipment Regulations 1998 and was fined £150,000 and ordered to pay costs of £3,020.

Following the hearing, HSE Inspector Marcus Pope said:

“This case sends out a clear message to the food manufacturing industry that HSE will not hesitate to prosecute when inspectors find serious health and safety failings, particularly when previous enforcement and advice has been provided. Once again, we see how critical it is that all employers make sure they properly assess and apply effective control measures to minimise the risk from dangerous parts of machinery.”

Dangerous machinery regulation

The Provision and Use of Work Equipment Regulations 1998, often abbreviated to PUWER, place duties on people and companies who own, operate or have control over work equipment aimed at preventing dangerous machinery. PUWER also places responsibilities on businesses and organisations whose employees use work equipment, whether owned by them or not.  PUWER requires that equipment provided for use at work is:

  • suitable for the intended use
  • safe for use, maintained in a safe condition and inspected to ensure it is correctly installed and does not subsequently deteriorate
  • used only by people who have received adequate information, instruction and training
  • accompanied by suitable health and safety measures, such as protective devices and controls. These will normally include guarding, emergency stop devices, adequate means of isolation from sources of energy, clearly visible markings and warning devices
  • used in accordance with specific requirements, for mobile work equipment and power presses

Some work equipment is subject to other health and safety legislation in addition to PUWER. For example, lifting equipment must also meet the requirements of the Lifting Operations and Lifting Equipment Regulations 1998 (LOLER), pressure equipment must meet the Pressure Systems Safety Regulations 2000 and personal protective equipment must meet the Personal Protective Equipment at Work Regulations 1992 (PPE).

If your business or organisation uses work equipment or is involved in providing work equipment for others to use (e.g. for hire), you must manage the risks from that equipment and ensure no dangerous machinery is used. This means you must:

  • ensure the equipment is constructed or adapted to be suitable for the purpose it is used or provided for
  • take account of the working conditions and health and safety risks in the workplace when selecting work equipment
  • ensure work equipment is only used for suitable purposes
  • ensure work equipment is maintained in an efficient state, in efficient working order and in good repair
  • where a machine has a maintenance log, keep this up to date
  • where the safety of work equipment depends on the manner of installation, it must be inspected after installation and before being put into use
  • where work equipment is exposed to deteriorating conditions liable to result in dangerous situations, it must be inspected to ensure faults are detected in good time so the risk to health and safety is managed
  • ensure that all people using, supervising or managing the use of work equipment are provided with adequate, clear health and safety information. This will include, where necessary, written instructions on its use and suitable equipment markings and warnings
  • ensure that all people who use, supervise or manage the use of work equipment have received adequate training, which should include the correct use of the equipment, the risks that may arise from its use and the precautions to take
  • where the use of work equipment is likely to involve a specific risk to health and safety (eg woodworking machinery), ensure that the use of the equipment is restricted to those people trained and appointed to use it
  • take effective measures to prevent access to dangerous parts of machinery. This will normally be by fixed guarding but where routine access is needed, interlocked guards (sometimes with guard locking) may be needed to stop the movement of dangerous machinery before a person can reach the danger zone. Where this is not possible, such as with the blade of a circular saw, it must be protected as far as possible and a safe system of work used. These protective measures should follow the hierarchy laid down in PUWER regulation 11(2) and the PUWER Approved Code of Practice and guidance or, for woodworking machinery, the Safe use of woodworking machinery: Approved Code of Practice and guidance
  • take measures to prevent or control the risks to people from parts and substances falling or being ejected from work equipment, or the rupture or disintegration of work equipment
  • ensure that the risks from very hot or cold temperatures from the work equipment or the material being processed or used are managed to prevent injury
  • ensure that work equipment is provided with appropriately identified controls for starting, stopping and controlling it, and that these control systems are safe
  • where appropriate, provide suitable means of isolating work equipment from all power sources (including electric, hydraulic, pneumatic and gravitational energy)
  • ensure work equipment is stabilised by clamping or otherwise to avoid injury
  • take appropriate measures to ensure maintenance operations on work equipment can be carried out safely while the equipment is shut down, without exposing people undertaking maintenance operations to risks to their health and safety

When providing new work equipment for use at work, you must ensure it conforms with the essential requirements of any relevant product supply law (for new machinery this means the Supply of Machinery (Safety) Regulations 2008). You must check it:

  • has appropriate conformity marking and is labelled with the manufacturer’s details 
  • comes with a Declaration of Conformity
  • is provided with instructions in English
  • is free from obvious defects – and that it remains so during its working life

If you require advice on health and safety in your workplace, please contact one of the Ashbrooke team.

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Raw Sewage Enforcement Undertaking

An investigation by the Environment Agency into Severn Trent Water has resulted in an Enforcement Undertaking by the water company.  The investigation revealed that raw sewage from a blocked sewer had been discharged into a brook near Gloucester – impacting about 1.7km of the watercourse.

The case has ended in the water company agreeing an Enforcement Undertaking (EU) with the Environment Agency and giving Gloucestershire Wildlife Trust £327,500.

Enforcement undertaking sewage

An EU is a voluntary offer made by companies and individuals and can be accepted where the Environment Agency has reason to believe an offence has been committed.

It usually includes a payment to an environmental charity to carry out improvements. The Environment Agency received reports of dead fish on 19 August 2021 at School Lane, Quedgeley, near Gloucester.

An inspection revealed hundreds of dead sticklebacks and thousands of dead invertebrates plus several eels and a number of bullhead fish.

The Agency officer also observed what he believed to be sewage fungus growing in the watercourse for about 1km up to Meerbrook Way. The smell of sewage was strong, and the fungus was covering the entire width of the brook.

Further investigations revealed that where the brook exited the A38 at Meerbrook Way, the officer saw what he believed to be a discharge of crude sewage coming out of the bankside into the brook.

An ecological impact assessment concluded that 1.7km of Dimore Brook had been affected and that the vast majority of aquatic animal life had been killed by the sewage discharge.

Between Fisher’s Bridge and the Gloucester-Sharpness Canal, approximately 50 dead European eel, 20 bullhead, 3 chub and 400 three-spined sticklebacks were observed. Environment Agency officers said that Severn Trent had responded to the incident in a timely manner.

Gloucestershire Wildlife Trust is using the funds in a three-year programme to improve various projects close to the impacted area.

Ian Skuse, the investigating officer for the West Midlands Environment Agency, said:

Protecting the environment in the West Midlands and taking action against those that damage or threaten this is our utmost priority.

While we will always take forward prosecutions in the most serious cases, Enforcement Undertakings are an effective enforcement tool to allow companies to put things right and contribute to environmental improvements.

They allow polluters to correct and restore the harm caused to the environment and prevent repeat incidents by improving their procedures, helping ensure future compliance with environmental requirements.

Sophie Wootton-Lee, head of external affairs at Gloucestershire Wildlife Trust, said:

The money received as a result of this incident will be spent close to where it took place, to benefit the wildlife and people who live in and around the wetlands near Gloucester.

For Gloucestershire Wildlife Trust this is essential – spending the money close to where the damage has occurred, to try and mitigate some of that impact.

The project is complex and will deliver a range of elements, including habitat creation and restoration.

We’ll also be looking to increase the habitat provided in the area for an iconic Gloucestershire species, the European eel, by creating pond complexes, reedbeds, scrapes and carrying out wet ditch restoration.

Emma Hardy, Minister for Water and Flooding said:

Pollution incidents like this are unacceptable and have a devastating impact on the environment and local communities.

This Government will never look the other way while water companies pump record levels of sewage into our rivers, lakes and seas.

We will strengthen regulation, crack down on water companies and begin the work of cleaning up Britain’s waterways. As an immediate step, the Water (Special Measures) Bill will strengthen regulation including new powers to ban the payment of bonuses for polluting water bosses and bring criminal charges against persistent law breakers.

Background to the Enforcement Undertaking

An Enforcement Undertaking is available to the Environment Agency (EA) as an alternative sanction to prosecution or monetary penalty for dealing with certain environmental offences.

It is a legally binding voluntary agreement proposed by a business (or an individual) when the EA has reasonable grounds to suspect that an environmental offence has occurred.

Enforcement Undertakings for environmental offences were first introduced under the Environmental Civil Sanctions (England) Order 2010 and the Environmental Civil Sanctions (Miscellaneous Amendments) (England) Regulations 2010 but have since been made available for other environmental offences, including under the Environmental Permitting Regulations.

Accepting an Enforcement Undertaking is always at the discretion of the EA. However, if accepted the EU helps firms and individuals who have damaged the environment or operated outside of legislative requirements to complete actions which will address the cause and effect of their offending, including making a payment to an appropriate project.

EUs can be offered for offences including polluting rivers, breaching permit conditions designed to protect communities, or failing to register and comply with recycling/recovery obligations. The Environment Agency then carefully considers whether the actions offered by the offender are acceptable. 

Why use Enforcement Undertakings? 

  • Businesses will voluntarily secure compliance now and in the future, without attracting a criminal record. 
  • The environment, local community and those directly impacted by the offending can benefit through actions being offered in an EU. 
  • They allow the EA to deal with the less intentional and polluting offending in a more proportionate way than prosecution through the criminal courts.  

The Environment Agency reserves the right to prosecute or impose a monetary penalty, where offenders fail to comply with the terms of an Enforcement Undertaking offer. 

If you require environmental advice for your business, please contact one of the Ashbrooke team.

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Landlord ignored gas safety duties

A landlord ignored gas safety duties and was given a suspended sentence of 26 weeks and electronically tagged for 4 months after putting the lives of her tenants at risk by not maintaining gas appliances at a property in Kent.

Dawn Holliday, 62, refused to undertake gas safety checks even after the Health and Safety Executive (HSE) took enforcement action against her.

Ms Holiday claimed to have no money for undertaking maintenance to the property, leaving the tenants with a very temperamental boiler that banged and often left the occupiers with no heating or hot water, as well as a condemned cooker for several years. However, an HSE investigation found that Ms Holliday was receiving full rent from the tenant for the property on First Avenue in Eastchurch, when the enforcement action was taken.

Despite the Improvement Notice served on Ms Holliday to undertake gas safety checks, she ignored this and further requests from HSE.  She also claimed the tenants had moved out and had not been paying rent, the investigation found this claim to be completely untrue.

gas safety duties

On the 2nd September 2024 at Sevenoaks Magistrates Court, Dawn Holliday, of Golden Leas Holiday Park, Plough Road, Minster on Sea, pleaded guilty to three charges under Health and Safety at Work etc Act 1974 Section 21 and Gas Safety (Installation & Use) 1998 36(2) and 36(3) and was sentenced to imprisonment of 26 weeks, suspended for a period of 12 months, District Judge Leake also imposed an electronically monitored curfew on Ms Holliday at her address for a period of 4 months with the curfew hours of 20:00-06:00 and awarded HSE £750 in costs.  Additionally, the Judge made a remediation order pursuant to section 42 of the 1974 Act, for Ms Holliday to undertake the gas safety inspection required of her by the 6th December 2024 thereby complying with her gas safety duties.

Speaking after the hearing, HSE Inspector Joanne Williams said:

“We are dedicated to ensuring that landlords operate within the law and provide safe accommodation for tenants.  We do not tolerate disregard for health and safety and consider the non-compliance of HSE enforcement notices as a serious offence.  In this case Ms Holliday chose to flagrantly ignore the support, guidance and warnings from HSE to assist her in compliance with the law and continued placing her tenants at serious risk of injury or even death.  Wherever possible we will continue to work with landlords to improve health and safety.  However, we will not hesitate to take enforcement action where necessary and prosecute individuals who ignore warnings and the law.”

The Gas Safety (Installation and Use) Regulations 1998 imposes gas safety duties on dutyholders to ensure that gas installations and appliances are installed safely and are maintained and inspected.  Dutyholders can include employers as well as landlords or others in control of premises.

If you require health and safety advice for your business, please contact one of the Ashbrooke team.