The principle of risk assessment is the foundation on which modern health and safety legislation is based. The Health and Safety at Work Act 1974 and the Management of Health and Safety at Work Regulations 1999 require all employers and the self-employed to assess the potential risk of significant hazards in the workplace, identify who could be harmed and how, and to ensure suitable control measures are in place in accordance with the established principles of prevention and hierarchy of controls as detailed in the regulations.

A common believe held by small businesses is that risk assessments are not necessary so long as less than five persons are directly employed. This could not be further from the truth as legislation clearly states that all employers , irrespective of size must undertake an assessment of risk. The process is also necessary when these small businesses employ external contractors to undertake work in their workplace. Where an employer does employ five or more persons, the law requires that the findings of the assessment must be recorded.

In any event, the law requires that the employer communicates the findings of the assessment to his or her employees and ensures that they understand the control measures necessary and the importance of adhering to procedures in order to reduce the likelihood of harm. Without recorded evidence of assessments it is clearly hard, if not impossible, to prove that they have been undertaken and just as difficult to convey the necessary information to employees.

Fire safety legislation requires employers and controllers of non-domestic premises to undertake fire risk assessments to identify sources of flammable materials held in the premises, sources of ignition and to confirm that control measures are sufficient and maintained. Even though the duty to undertake fire risk assessments has been clearly established since 1997 with the Fire Precautions (Workplace) Regulations, many businesses have not yet complied.

With The Regulatory Reform (Fire Safety) Order 2005 (effective 1 st October 2006), all employers and controllers of non-domestic premises are required to appoint a responsible person for fire safety in the premises who must ensure that fire risk assessment is undertaken, amongst other duties.

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