Health and Safety Obligations for SMEs in 2026: Key Risks and Practical Steps
- Robinson Grace HR
- 1 day ago
- 4 min read
As we move into 2026, the landscape for UK employers is evolving fast – not just in employment law, but in health and safety too.
In this blog, our Health and Safety Lead, Andrew, breaks down what businesses should be doing now to meet their health and safety obligations in 2026, highlighting key risks and practical steps that can be taken by businesses to demonstrate commitment to the safety of employees and members of the public.
1. Fire Risk Assessments
Landlords and owners of commercial properties must ensure they employ an ‘advanced’ assessor to carry out fire risk assessments of complex buildings. This might include schools, hospitals and care homes, but also large office buildings or factory environments. Failure to employ an assessor of the correct competency could lead to an insufficient assessment of risk, and fire service enforcement action.
2. The impact of AI
As with fire risk assessments, businesses should be employing competent people to satisfy their health and safety obligations including generation of policies and documents. It may be tempting to turn to AI to generate these documents, but this approach opens businesses up to the risks of invalidated insurances and even prosecution if something goes wrong. While AI is a great tool, it isn’t right about everything!
3. Training and Competency
Training isn’t a tick-box exercise, it’s how businesses demonstrate that employees are trained, refreshed and competent to undertake their role, and that the business is checking that the workforce and working safely and as trained to do so. Assurance plans and refresher training should be implemented, and organisations could consider implementing learning management systems to provide employees with online access to a wide range of health and safety training. HR software is also a great way to record completed training and set automatic reminders for training that needs to be repeated in the future.
4. Mental Health
This is something you’ll regularly hear HR teams talk about, but it is a health and safety issue. Employers are legally obliged to take reasonable steps to ensure the safety and wellbeing of their employees while they are at work, and this encompasses mental health. Having formally trained Mental Health First Aiders could become a legal requirement in the future, but employers already need to be actively supporting the mental health of employees. Implementing Employee Assistance Programmes and Mental Health First Aid Training are great steps towards fostering a workplace culture that supports mental health and demonstrates an employer’s commitment to the mental health and safety of its workforce.
Need some support in understanding or meeting your health and safety obligations? Simply pick up the phone to discuss what you might need 01793 311937 or email us via clientservices@robinsongracehr.com.
Frequently Asked Questions:
1. Can employers use AI tools to produce health and safety policies and compliance documents?
Answer: While artificial intelligence can be a helpful tool for drafting content or providing ideas, relying solely on AI to generate health and safety policies, risk assessments or compliance documents carries significant risks. AI-generated content may lack accuracy, fail to reflect up-to-date legal standards or overlook critical workplace hazards. Inaccurate or invalidated health and safety documentation could undermine insurance cover and expose employers to enforcement action or prosecution if an incident occurs. To meet legal obligations, documents should be reviewed and signed off by competent professionals with relevant health and safety expertise.
2. What are employers’ obligations for health and safety training, competence and mental health support in the workplace?
Answer: UK health and safety law requires employers to provide employees with information, instruction, training and supervision that is adequate and appropriate for their role. This includes induction, refresher sessions and evidence of competence to carry out tasks safely. Training should be regularly reviewed and recorded, with systems in place to prompt renewals. In addition, mental health forms part of an employer’s duty of care. Employers must assess psychosocial risks including stress, workload and burnout and take reasonable steps to protect employee wellbeing. This may include risk assessments, workplace support programmes and training to help staff and managers recognise and respond to mental health concerns.
3. How can UK employers demonstrate compliance with health and safety law in 2026?
Answer: To demonstrate compliance with UK health and safety law in 2026, employers must be able to show that health and safety is being actively managed, not just documented. This includes carrying out suitable and sufficient risk assessments, appointing competent professionals, providing ongoing training and refresher courses, and maintaining clear records of actions taken. Employers should also implement assurance plans to check that employees are working safely and in line with training provided. Using HR systems or learning management systems to track training, competencies and reviews can help businesses evidence compliance, reduce risk and show regulators that health and safety is taken seriously across the organisation.
Check out other Blogs in our series:
The content of our blogs is intended for general information and not to replace legal or other professional advice.
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