Health and safety regulations in a restaurant
What the law expects from a UK restaurant.
A plain-English guide to the health and safety laws that apply to restaurants, cafés, takeaways and commercial kitchens in England, what each one means in practice, and the paperwork an inspector will ask to see.
- Main law
- Health and Safety at Work etc. Act 1974
- Who enforces it in restaurants
- Your local council's environmental health team
- Written policy and risk assessment
- Required once you have 5 or more employees
The health and safety regulations that apply to restaurants
These apply to almost every restaurant with employees, whatever its size. Food hygiene law sits alongside them and is covered on our restaurant food safety page.
The core duties
- Health and Safety at Work etc. Act 1974
- The employer must protect the health, safety and welfare of staff, and the safety of customers, contractors and anyone else affected by the business, so far as is reasonably practicable. With five or more employees, the health and safety policy must be written down.
- Management of Health and Safety at Work Regulations 1999
- Carry out a suitable and sufficient risk assessment, record the significant findings if you have five or more employees, appoint competent help, and assess young workers and new and expectant mothers specifically.
- Workplace (Health, Safety and Welfare) Regulations 1992
- Floors, lighting, temperature, ventilation, toilets, washing facilities, drinking water and somewhere for staff to rest and eat.
- Health and Safety Information for Employees Regulations 1989
- Display the HSE poster "Health and safety law: what you need to know", or give every employee the leaflet.
- Employers' Liability (Compulsory Insurance) Act 1969
- Hold employers' liability insurance and make the certificate available to staff, on the wall or electronically.
Fire, gas and electricity
- Regulatory Reform (Fire Safety) Order 2005
- The responsible person must carry out a fire risk assessment and record it in full, and keep alarms, extinguishers, fire doors, escape routes and emergency lighting in working order. Fire risk is enforced by the fire and rescue service, not the council.
- Gas Safety (Installation and Use) Regulations 1998
- Gas appliances must be kept safe, and only Gas Safe registered engineers may work on them. Commercial kitchens are expected to have an interlock that cuts the gas if the extraction fails (required for new and altered installations), and most insurers expect an annual gas safety inspection.
- Electricity at Work Regulations 1989
- Electrical systems and equipment must be maintained to prevent danger. The law does not set a fixed interval for portable appliance testing; it should be based on risk.
- Kitchen extraction
- Grease builds up in canopies and ductwork and is a common cause of kitchen fires. Regular specialist duct cleaning, with a certificate, is expected by insurers and fire officers.
Hazards in the kitchen
- Control of Substances Hazardous to Health Regulations 2002 (COSHH)
- Assess cleaning chemicals, oven cleaners, sanitisers and flour dust, keep safety data sheets, and train staff to use them safely.
- Manual Handling Operations Regulations 1992
- Avoid hazardous lifting where you can, assess what you can't avoid, such as deliveries, sacks and stock pots, and reduce the risk.
- Provision and Use of Work Equipment Regulations 1998 (PUWER)
- Slicers, mixers, mincers and dishwashers must be suitable, guarded, maintained and used only by trained staff.
- Personal Protective Equipment at Work Regulations 1992
- Provide free PPE where risks can't be controlled another way, such as heat-resistant gloves, cut-resistant gloves and slip-resistant footwear.
Accidents, first aid and smoking
- Health and Safety (First-Aid) Regulations 1981
- Assess your first aid needs and provide a stocked kit, with blue detectable plasters in food areas, and enough first aiders or appointed persons on every shift.
- RIDDOR 2013
- Report deaths, specified injuries such as fractures and serious burns, injuries that keep a worker off normal duties for more than seven days, certain occupational diseases and dangerous occurrences to HSE. Members of the public taken to hospital from the premises for treatment are reportable too.
- Accident book
- Record every accident at work. It is required for businesses with 10 or more employees and good practice for everyone else.
- Health Act 2006 (smoke-free premises)
- No smoking in enclosed or substantially enclosed areas, with no-smoking signs displayed at the premises.
Who inspects a restaurant, and what happens if you get it wrong
Health and safety in restaurants, cafés, pubs and takeaways is enforced by the environmental health team at your local council. Officers can visit at any time, investigate accidents and complaints, and issue improvement or prohibition notices. Serious breaches can lead to prosecution and unlimited fines.
Fire safety is enforced by the local fire and rescue service, which can carry out audits and issue enforcement or prohibition notices. Food hygiene is inspected separately under the Food Hygiene Rating Scheme, often by the same council team.
Restaurant health and safety checklist
If an inspector called tomorrow, could you show them each of these?
Documents
- Health and safety policy, signed and dated
- General risk assessment for kitchen, front of house, stores and deliveries
- Fire risk assessment, recorded in full
- COSHH assessments and safety data sheets
- Manual handling assessment
- Young worker and new and expectant mother assessments
- First aid needs assessment
- Employers' liability insurance certificate
Records and checks
- Gas safety inspection certificate
- Extraction and duct cleaning certificate
- Fire alarm, emergency lighting and extinguisher service records
- Fire drills and staff fire training
- Electrical installation and equipment checks
- Accident book and RIDDOR reports
- Staff induction and training records
- HSE law poster on display
Questions
Something else? Ask us directly.
Does a small restaurant need a written risk assessment?
Every employer must carry out a risk assessment. If you have five or more employees, you must record the significant findings. The fire risk assessment must be recorded in full whatever your size. Even with fewer staff, writing it down is the easiest way to show an inspector you have done it.
Who enforces health and safety in a restaurant?
Your local council's environmental health team enforces health and safety in restaurants, cafés and takeaways. Fire safety is enforced by the fire and rescue service. The Health and Safety Executive covers factories and food manufacturing sites.
What are the most common injuries in restaurant kitchens?
Slips and trips, burns and scalds, cuts, and manual handling injuries. Most can be prevented with good floors and footwear, clean-as-you-go, safe knife and equipment use, and sensible lifting.
Do I need a health and safety consultant?
The law requires you to have competent help. That can be you or a member of staff if they have the knowledge and time. Many restaurants use a consultant to set up the policy and risk assessments, then keep them up to date themselves.
Is this guide legal advice?
No. It is a summary of the main requirements for restaurants in England, written to help you see where you stand. For advice on your own premises, book a free call.
Want this sorted for your restaurant?
We write the policy, risk assessments and fire, COSHH and first aid arrangements around the way your kitchen works, at a fixed price. See our restaurant health and safety service.