National Health Service Common Staffing Method Amendment Regulations 2026 (Scotland): implications for regulatory compliance and UK health and safety law

National Health Service Common Staffing Method Amendment Regulations 2026 (Scotland): clarity for governance, regulatory compliance and health and safety duties under UK health and safety law

What has changed

These Regulations amend the National Health Service (Common Staffing Method) Regulations 2024 to modify the common staffing method. The method includes a staffing level tool and a professional judgement tool used to determine staffing levels for NHS services in Scotland.

Why this matters for health and safety and regulators

The change is relevant to governance of staffing decisions and patient safety. By refining the framework that guides how many staff are on duty, organisations can better manage risks to patient care and staff wellbeing. The update aligns with expectations for robust risk control in health and safety management and with broader regulatory compliance obligations within UK health and safety law.

Key duties for employers and health boards

Employers within NHS Scotland must consider how the staffing level tool and professional judgement tool are applied to determine appropriate staffing across clinical and non clinical settings. They should document decisions, ensure competent oversight, consult workforce representatives, and maintain records that demonstrate alignment with the amended Regulations.

Steps to achieve compliance

• Review current staffing policies and procedures to reflect the amendment
• Update risk assessments to consider staffing driven hazards and patient safety risks
• Ensure governance structures provide competent oversight of staffing decisions
• Engage with staff representatives and professional bodies on staffing level planning
• Integrate the staffing method with your management system, for example ISO 45001 occupational health and safety management
• Provide targeted training for managers on applying the staffing level tool and professional judgement tool

Governance, oversight and monitoring

Regular audits and management reviews should verify that staffing decisions are aligned with the amendment and that HSE requirements and legal duties are being met. Consider appointing a competent person to advise on the application of the staffing method and to support ongoing compliance.

Enforcement and sanctions

As with UK health and safety regulation in Scotland, organisations should expect that regulatory expectations focus on demonstrated compliance with governance processes, risk based decision making and robust record keeping. The exact enforcement stance will be determined by the Scottish authorities in relation to the amended Regulations.

What to do next and how Synergos can help

Assess current staffing governance and risk controls; align policies with the amended Regulations; integrate with an established health and safety management system such as ISO 45001 occupational health and safety management. Synergos can provide risk assessment support and competent person guidance via Competent Person support, and help with training and implementation through health and safety training and health and safety support packages.