What to consult on – getting competent help and assessing risks

What the law says

By law, you must consult your workforce about:

  • any change that may substantially affect your workforce's health and safety. Such changes may include:
    • new or different procedures
    • types of work
    • equipment
    • premises
    • ways of working (for example new shift patterns)
  • your arrangements for getting competent people to help you meet your obligations under health and safety laws, for example, appointing a health and safety manager
  • information you must give your workforce on the likely risks in their work and precautions they should take. Discuss with employees and representatives the best way for information to be shared. Consider issues of language, literacy and learning disabilities if appropriate
  • the planning of health and safety training
  • the health and safety consequences of introducing new technology

The HSE guide Consulting your workforce in health and safety (L146) has more information on requirements to consult health and safety representatives and employees in existing health and safety legislation.

Getting help from a competent person

You must get help from a competent person to enable you to meet the requirements of health and safety law.

A competent person is someone who has sufficient training and experience or knowledge and other qualities that allow them to assist you properly. The level of competence required will depend on the complexity of the situation and the particular help you need.

When getting help, you should give preference to those in your own organisation who have the appropriate level of competence (which can include the employer themselves) before looking for help from outside. You must consult health and safety representatives in good time on the arrangements for competent help.

Find out more in The Management of Health and Safety at Work Regulations 1999.

Risk assessments

You have a legal duty to assess the risks to the health and safety of your employees (and risks to the health and safety of people not in your employment) to which they are exposed while they are at work.

In carrying out a risk assessment, you should consult employees and health and safety representatives. It is a valuable way of involving the staff who do the work. They know the risks involved and scope for potentially dangerous shortcuts and problems.

Employees are more likely to understand why procedures are put in place to control risks and follow them if they have been involved in developing health and safety practices in their workplace.

This does not mean that formal consultation is required before every task-specific assessment conducted in workplaces. It simply means that consultation should form part of the general risk assessment process.

In practice, most employers conduct a general assessment to identify the key risks and control measures, and then a second brief assessment of the risks by the employees about to embark on the job.

You can find more information and help in our guidance on managing risks and risk assessment.

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2025-06-06