Definition

Under Section 2 of the Health and Safety at Work etc. Act 1974, every employer must ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees — covering safe systems of work, a safe place of work, safe equipment, adequate training, and effective supervision. The Management of Health and Safety at Work Regulations 1999 add requirements for suitable risk assessments, competent persons, and emergency procedures.

Why this matters for Health and Safety

  • Level 2 application: you must demonstrate that you understand employer duties and describe how your firm discharges them in practice.
  • Many APC candidates take on supervisory roles during training; employer duties apply to line managers and team leaders, not only to partners or directors.
  • Failure to comply is a criminal offence under the 1974 Act, with unlimited fines and up to two years' imprisonment for individuals.
  • Staff welfare and safe working are central to the RICS Responsible Business framework and the competence obligation in the Rules of Conduct.

Key principles

Risk assessment and safe systems of work

The Management Regulations require suitable and sufficient risk assessments of all work activities, with significant findings recorded where five or more employees are employed. For a surveying practice this covers site visit procedures, lone working, driving, display screen equipment (DSE), and specific hazards such as asbestos or working at height. Safe systems of work must be documented, communicated to staff, and reviewed when circumstances change.

Training and competence

Section 2(2)(c) of the 1974 Act requires employers to provide information, instruction, training, and supervision necessary to ensure employee health and safety. For a surveying firm this means induction training on policies; specific training before site visits, working at height tasks, or asbestos-related inspections; and records of all training provided. Employers must also appoint a competent person to assist with health and safety management.

Welfare and wellbeing obligations

The Workplace (Health, Safety and Welfare) Regulations 1992 set minimum standards for working environments: ventilation, lighting, temperature, toilet facilities, rest areas, and drinking water. Beyond the physical, stress is a foreseeable risk — case law confirms employers can face liability for work-related stress — and RICS members running practices should have a documented wellbeing approach.

Recording and reporting incidents

RIDDOR 2013 requires employers to report certain work-related accidents, occupational diseases, and dangerous occurrences to the HSE. Reportable events include fatalities, specified injuries (such as fractures other than to fingers, toes, or thumbs), and any accident causing more than seven consecutive days' incapacity. Employers must keep records for three years.

Relevant RICS guidance and legislation

  • Health and Safety at Work etc. Act 1974, Section 2 — the primary employer duty of care.
  • Management of Health and Safety at Work Regulations 1999 — risk assessment, competent person appointment, and emergency procedures.
  • Workplace (Health, Safety and Welfare) Regulations 1992 — minimum physical welfare standards for workplaces.
  • RIDDOR 2013 — reporting and recording requirements for injuries, diseases, and dangerous occurrences.
  • RICS Surveying Safely, 2nd edition (2018) — covers employer duties in surveying practice, including risk assessment for site visits.
  • RICS Rules of Conduct (effective 2 February 2022) — Rule 5 requires firms to maintain appropriate health and safety management systems.

Ethics and Rules of Conduct angle

Rule 5 of the RICS Rules of Conduct requires members to deliver competent service. Allowing staff to undertake hazardous tasks without adequate training or risk assessment is a failure of competence. Rule 4 (responsibility) is directly engaged: employee wellbeing cannot be delegated. A firm that suffers a fatality due to a known but unaddressed risk faces criminal prosecution and almost certain referral to RICS Regulation.

APC-style Q&As

Q (Level 1)What is an employer's general duty of care under the Health and Safety at Work etc. Act 1974?

Section 2 requires every employer to ensure, so far as is reasonably practicable, the health, safety, and welfare at work of all employees — covering safe systems of work, a safe place of work, safe equipment, adequate training, and effective supervision.

Q (Level 1)When is an employer required to record the findings of a risk assessment?

Under the Management of Health and Safety at Work Regulations 1999, employers with five or more employees must record the significant findings. Employers with fewer than five are not legally required to do so, but recording is strongly recommended as evidence of compliance.

Q (Level 2)How does your firm ensure that staff carrying out lone working site visits are protected?

(example) Our lone working procedure requires every member of staff to notify a designated colleague before and after any lone site visit. If no check-in is received within 30 minutes, an escalation procedure operates — contacting the client and, if necessary, the emergency services. Staff must complete a pre-visit risk assessment and carry a personal safety device when visiting vacant properties. The procedure is reviewed annually and covered in induction.

Q (Level 2)What is RIDDOR and what types of incident must an employer report?

RIDDOR 2013 requires employers to report to the HSE: all work-related fatalities; specified injuries such as fractures (other than fingers, toes, or thumbs), amputations, and loss of sight; any accident causing more than seven consecutive days' incapacity; and dangerous occurrences. Reports are submitted online and records must be kept for three years.

Q (Level 3)A junior surveyor in your team reports regularly feeling under excessive pressure and experiencing symptoms of work-related stress. What are your obligations and how do you respond?

Work-related stress is a foreseeable health risk that employers must assess and control under the Management Regulations and Section 2 of the 1974 Act. My first step would be to listen and ensure the surveyor feels supported. I would arrange an individual stress risk assessment using the HSE Management Standards, implement reasonable adjustments — such as workload redistribution or flexible working — and agree a review date. I would advise the surveyor of any employee assistance programme. Failure to act could expose the firm to civil liability and a RICS disciplinary referral.