Risk assessmentE+W+S
3.—(1) Every employer shall make a suitable and sufficient assessment of—
(a)the risks to the health and safety of his employees to which they are exposed whilst they are at work; and
(b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions F1....
(2) Every [F2relevant self-employed person] shall make a suitable and sufficient assessment of—
(a)the risks to his own health and safety to which he is exposed whilst he is at work; and
(b)the risks to the health and safety of persons not in his employment arising out of or in connection with the conduct by him of his undertaking,
for the purpose of identifying the measures he needs to take to comply with the requirements and prohibitions imposed upon him by or under the relevant statutory provisions.
(3) Any assessment such as is referred to in paragraph (1) or (2) shall be reviewed by the employer or [F3relevant self-employed person] who made it if—
(a)there is reason to suspect that it is no longer valid; or
(b)there has been a significant change in the matters to which it relates;
[F4and where as a result of any such review changes to an assessment are required, the employer or [F3relevant self-employed person] concerned shall make them. ]
[F5(3A) In this regulation “relevant self-employed person” means a self-employed person who conducts an undertaking of a prescribed description for the purposes of section 3(2) of the Health and Safety at Work etc. Act 1974.]
(4) An employer shall not employ a young person unless he has, in relation to risks to the health and safety of young persons, made or reviewed an assessment in accordance with paragraphs (1) and (5).
(5) In making or reviewing the assessment, an employer who employs or is to employ a young person shall take particular account of—
(a)the inexperience, lack of awareness of risks and immaturity of young persons;
(b)the fitting-out and layout of the workplace and the workstation;
(c)the nature, degree and duration of exposure to physical, biological and chemical agents;
(d)the form, range, and use of work equipment and the way in which it is handled;
(e)the organisation of processes and activities;
(f)the extent of the health and safety training provided or to be provided to young persons; and
[F6(g)risks from agents, processes and work listed in the Annex to Council Directive 94/33/EC on the protection of young people at work, as amended by Directive 2014/27/EU.]
(6) Where the employer employs five or more employees, he shall record—
(a)the significant findings of the assessment; and
(b)any group of his employees identified by it as being especially at risk.
Textual Amendments
F1Words in reg. 3(1) revoked (E.W.) (1.10.2006) by The Regulatory Reform (Fire Safety) Order 2005 (S.I. 2005/1541), art. 1(3), Sch. 5 (with arts. 49, 51) (as amended by The Regulatory Reform (Fire Safety) Subordinate Provisions Order 2006 (S.I. 2006/484), arts. 1(1), 2); and (S.) (1.10.2006) by The Fire (Scotland) Act 2005 (Consequential Modifications and Savings) (No. 2) Order 2006 (S.S.I. 2006/457), art. 1, sch. 2
F2Words in reg. 3(2) substituted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 6(a)
F3Words in reg. 3(3) substituted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 6(b)
F4Words in reg. 3(3) repositioned (27.10.2003) by The Management of Health and Safety at Work and Fire Precautions (Workplace) (Amendment) Regulations 2003 (S.I. 2003/2457), regs. 1, 4
F5Reg. 3(3A) inserted (1.10.2015) by The Deregulation Act 2015 (Health and Safety at Work) (General Duties of Self-Employed Persons) (Consequential Amendments) Order 2015 (S.I. 2015/1637), art. 1, Sch. para. 6(c)
F6Reg. 3(5)(g) substituted (1.6.2015) by The Classification, Labelling and Packaging of Chemicals (Amendments to Secondary Legislation) Regulations 2015 (S.I. 2015/21), regs. 1(3), 8(3)
Modifications etc. (not altering text)
C1Reg. 3 applied (W.) (22.8.2020) by S.I. 2020/725, reg. 14A(5)(a) (as inserted by The Health Protection (Coronavirus Restrictions) (No. 2) (Wales) (Amendment) (No. 6) Regulations 2020 (S.I. 2020/884), regs. 1, 2(5) (with reg. 3))
C2Reg. 3 applied (temp.) (W.) (9.11.2020) by The Health Protection (Coronavirus Restrictions) (No. 4) (Wales) Regulations 2020 (S.I. 2020/1219), regs. 1(3), 47(6)(a) (with reg. 3)
C3Reg. 3 applied (temp.) (W.) (20.12.2020) by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) Regulations 2020 (S.I. 2020/1609), regs. 1(3), 57(8)(a) (with reg. 3) (as amended: (19.12.2020 at 11.59 p.m.) by S.I. 2020/1610, regs. 1(2), 2(2); (7.8.2021 at the beginning of the day) by S.I. 2021/925, regs. 1(2), 2(2); and (25.11.2021) by S.I. 2021/1304, regs. 1(2), 2)
C4Reg. 3 modified (W.) (20.1.2021) by S.I. 2020/1609, reg. 16(4) (as inserted by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) Regulations 2021 (S.I. 2021/57), regs. 1(2), 2(2)(b))
C5Reg. 3 applied (temp.) (E.) (29.3.2021) by The Health Protection (Coronavirus, Restrictions) (Steps) (England) Regulations 2021 (S.I. 2021/364), regs. 1(2), 6(2) (with reg. 21)
C6Reg. 3 applied (with modifications) (W.) (21.6.2021) by S.I. 2020/1609, reg. 16(4)(5) (as substituted by The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 13) Regulations 2021 (S.I. 2021/722), regs. 1(2), 2(2))