Health and Safety at Work etc. Act 1974, Section 2: The Training Duty
Section 2 of the Health and Safety at Work etc. Act 1974 is the foundation duty underpinning almost every specific training requirement that follows in later regulations. It requires every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of their employees — and specifically names the provision of such information, instruction, training and supervision as is necessary to secure that (Section 2(2)(c)). Every plant-specific training requirement in PUWER, LOLER, the Work at Height Regulations and CDM 2015 is, in effect, a more detailed working-out of this general Section 2 duty for a specific type of equipment or activity.
Who it applies to
Section 2 applies to every employer in Great Britain, regardless of size or sector, in relation to their own employees. It's a general duty rather than an activity-specific one, meaning it applies whether or not a more detailed regulation like PUWER or LOLER also happens to cover the same equipment.
What it requires
- Employers must provide information, instruction, training and supervision necessary to ensure employee health and safety (Section 2(2)(c))
- The duty is ongoing — training must be repeated, updated or refreshed as risks, equipment or personnel change
- Section 2(3) also requires a written health and safety policy (where 5+ employees) that sets out how these duties will be met in practice
- The duty extends to ensuring safe systems of work and safe plant/equipment more broadly (Section 2(2)(a) and (b))
- Employers must consult with employees or their representatives on health and safety matters (Section 2(4)-(6))
What inspectors & client auditors look for
- Whether a written health and safety policy exists and genuinely reflects how training is organised in practice
- Whether agency, temporary and subcontracted staff received the same standard of induction and training as permanent employees
- Whether training records exist and are current, rather than a one-off historical record
- Whether employee consultation on health and safety, including training needs, actually takes place
Duties touching plant training & competence
- All employees operating plant, machinery or equipment need training and instruction appropriate to the risk, not just those in roles with a specific named regulation
- Training records should be kept as evidence the duty has been actively discharged, not just assumed
- New starters, temporary and agency staff carry the same entitlement to adequate training as permanent employees
- The health and safety policy should set out clearly how training needs are identified, delivered and reviewed
Courses that map to HASAWA s.2
FAQs
Is Section 2 the same as PUWER's training requirement?
No — Section 2 of HASAWA 1974 is the general founding duty to provide adequate training for health and safety; PUWER Regulation 9 is a more specific, detailed version of that duty aimed squarely at work equipment.
Does Section 2 apply to agency workers?
The employer providing the work generally holds duties toward everyone under their control at work, including agency and temporary staff, so training and instruction obligations apply to them too.
What happens if a company has no written health and safety policy?
Companies with 5 or more employees are legally required to have one under Section 2(3); its absence is a straightforward enforcement finding and also undermines the credibility of any training the company claims to provide.
Can Section 2 be enforced even where a more specific regulation also applies?
Yes — HSE can and does rely on Section 2 alongside specific regulations, particularly where training gaps span multiple activities rather than one clearly regulated task.
This page provides general guidance for site managers and duty holders and does not constitute legal advice. Always refer to the current legislation, associated Approved Codes of Practice and HSE guidance, or seek professional legal advice for your specific circumstances.
Need training that maps to HASAWA s.2?
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