Who is Responsible for Health & Safety in the Workplace?

Introduction

When questioned, I think most people would say that it’s the employer’s job to make sure everyone gets home safe at the end of the day. But it’s not just on them. Under the 1974 Health and Safety at Work Act, the responsibility extends to managers, business owners, and employees. We all have a part to play. And it’s not only about looking after staff. It’s about protecting subcontractors, clients, visitors, and anyone who might come into contact with the business.

The latest stats from the Health and Safety Executive really hit home. In 2022 to 2023, around 1.8 million people dealt with work-related illnesses, whether new or ongoing. That is not just a number. It reminds us how much more work there is to do. Every one of those cases is a person whose life was affected, often in ways that could have been avoided if we all did a bit more.

Roles and Responsibilities for Health & Safety in the Workplace

Legally, employers can’t get away with not ensuring health and safety within the workplace as it’s a legal obligation. Being ready for emergencies is a huge part of keeping people safe at work. So if things go wrong (as they sometimes do) and you’re not prepared, the consequences can be serious. We’re talking fines, prison, or being banned from running a business. Employers should be taking this seriously. Putting your team’s safety first is just the right thing to do.

Employees also share specific responsibilities that contribute to health and safety within their respective places of work. This includes:

• Bearing a duty to comply with relevant safety procedures.
• Taking personal safety precautions.
• Reporting any safety hazards they encounter promptly.
•  Actively participating in safety training. 

Section 7 of the Health and Safety at Work Act 1974 states that employees must “take reasonable care for their own health and safety, as well as the health and safety of others who may be affected by their acts or omissions at work”. Put plainly, employees must not put others at risk by what they do or don’t do at work. Adherence to these responsibilities helps to ensure that a safe and secure working environment is maintained for all employees. 

In an organisational setting, a multitude of internal roles assume responsibility for health and safety, with each playing a pivotal role in upholding workplace safety standards: 

• Leading the charge in promoting safety best practices are the Health & Safety Officers.
• Human Resources personnel focus on seamlessly integrating policies and procedures into the fabric of the organisation. 
• Supervisors will often oversee day-to-day safety operations with a keen eye. 
• Managers, in their role as coordinators, work to establish a workplace where safety and productivity are mutually reinforcing.

The report  ‘Health and Safety: Looking to the Future’ highlights a shift in how we think about workplace safety. Mental health and wellbeing are now seen as essential parts of a safe and healthy work environment. Admittedly, mental health isn’t always the first thing that comes to mind when we talk about health and safety, but it should be. Thankfully, that’s starting to change now. As we better understand psychosocial risks, mental health is finally getting the attention it deserves.

Psychosocial risks can look like:

• Lack of support from a manager.
• Unreasonable job demands.
• Remote or isolated work aggression.
• Harassment.
• Bullying.
• Unclear boundaries of your role and responsibilities.

These are all hazards that can create stress, anxiety and depression, and they can be very detrimental to one’s health in the long term. Therefore, workplaces need to have an awareness of psychosocial hazards because these mental health impacts can be just as dangerous as physical, tangible hazards.

Health & Safety Regulatory Bodies

The UK has a number of dedicated health and safety regulatory bodies to ensure safety and wellbeing in the workplace. Perhaps the most recognisable regulatory agency in the UK, the Health and Safety Executive (HSE) exists in order to uphold health and safety laws across an array of industries; creating and implementing regulations to safeguard employees in sectors such as construction, manufacturing, healthcare and agriculture, to name a few. 

As well as HSE, other industry-specific Health and Safety Governing bodies also focus on compliance with safety measures and protocol. For example, in order to lower occupational accidents and injuries on building sites, the Building Industry Training Board (CITB) promotes safety best practices and standards, collaborating with contractors, trade associations and government agencies to develop resources and guidelines that prioritise the health and safety of construction industry workers. 

Consequences of Negligence

Regulators like the HSE may bring legal action against businesses that violate the law’s requirements for health and safety. Additionally, willful misconduct is punishable by an unlimited fine, extending all the way to a prison term. Businesses may also receive a prohibition notice, which orders the organisation to stop any further activity related to the incident. These punitive measures have the potential to cause a lot of harm, both monetarily and in terms of the company’s reputation. Further, the employer might have to cover the high cost of the employee’s legal costs if it is found that they violated their duty of care to them.

For instance, on 2 August 2024, Southampton Container Terminals Limited, a logistics company, was fined £1 million at Southampton Magistrates’ Court for violating Section 2 of the Health & Safety at Work etc. Act 1974. The fine was a result of an employee suffering severe injuries, including multiple fractures, after a 10-metre fall through an open floor in a straddle carrier driver’s cab to a concrete floor below. The incident occurred while contractors were replacing a glass floor, creating a hazardous condition. Unfortunately, the injured employee was unaware of the open hole, which resulted in him falling through it. 

This case serves as a clear example of not only the costly fines that can be imposed but also the human impact, as the employee could have easily lost his life. To avoid negligence, it is crucial to conduct a sufficient risk assessment and utilise the results to ensure that the activity is properly planned, effectively monitored, and ultimately carried out safely.

Conclusion

Beyond merely complying with regulations, workplace health and safety is a shared responsibility. Employees must follow these rules and accept personal responsibility for their actions, while employers must supply the tools, training, and policies required for a safe workplace. Together, both sides can make the workplace safer, healthier, and more enjoyable for everyone.

Our Recommended Courses 

For those seeking to expand their knowledge and proficiency in health and safety, RRC offers a range of Health and Safety courses. These courses are meticulously developed to provide a thorough understanding and practical skills for maintaining a secure work environment and cover a range of topics, including general health and safety management as well as more specialised subjects. To explore the available options and find a course tailored to your specific needs, visit RRC Health and Safety Courses.