Understanding the responsibilities of employees and employers is vitally important to keeping the workplace safe. Both parties have different duties to uphold, but they play an equally integral role in health and safety. Legally, employers must have a thorough health and safety policy in place, and employees must ensure their own health and safety and others affected by their work by following it.

Employers and employees must get crystal clear about their legal and moral obligations to ensure they are aware and held accountable for them. As a leading health and safety training provider in the UK, we can provide guidance around health and safety legislation with appropriate training courses. This will allow you to monitor and enforce standards in your workplace. 

Who Is Legally Responsible for Health and Safety at Work?

The responsibilities towards health and safety primarily sit with the employer, however, employees also have responsibilities.

Employer Health and Safety Responsibilities

Employers themselves have legal, moral and financial responsibilities where health and safety are concerned. As a part of their workplace health and safety policy, employers must provide a safe working environment that meets the needs of their employees. 

Primary employer health and safety responsibilities also include:

• Conducting a risk assessment in the workplace and implementing safety policies and procedures.
• Providing the necessary training for staff to contribute to creating the right culture of health and safety and a safe environment for the future. Employers around the world use our IOSH Managing Safely training course as a way of building a proactive culture of safety amongst employees.

Commitment to continuous improvement of safety standards is imperative where employers are concerned, as complacency or carelessness can cause irreparable damage to all. 

Particularly in a financial sense, companies could see the following repercussions:

• Heavy unlimited fines imposed by the Health and Safety Executive (HSE).
• Decreased patronage from customers and businesses via reputational damage in the industry.
• Millions of working days are lost due to work-related illness and injury, resulting in decreased productivity, and reducing the bottom line through delays.

Employee Health and Safety Responsibilities

Firstly, one of the most common questions asked when discussing employee health and safety responsibilities is, “Who is responsible for reporting hazards in the workplace?” Answered simply, it’s everyone’s responsibility to report hazards if they see them in the workplace, including employees. The job title is irrelevant; if an employee or employer were to see a hazard without reporting it, they are culpable in anything that happens.

Health and safety legal responsibilities for employees also include:

• Maintaining a safe workplace wherever possible.
• A legal duty to take care of their own health and safety and that of others affected by their actions. 
• Health and safety guidelines for employees are implemented by employers – and thus, employees must make full use of control measures put into place by their employers. Employees must also participate in the safety training set out by their employer and make full use of the opportunity.

Aside from following safety guidelines, reporting hazards and participating in employee safety training - employees are the most crucial factor contributing to a workplace culture of safety. A rising tide lifts all boats, and everyone in the workplace will feel the full benefit of the right culture surrounding health and safety if everyone is on board.

UK Health and Safety Laws in the Workplace

For some understanding of the legal framework governing health and safety laws in the workplace, it’s a good starting point to follow the guidance set out by a regulator such as the Health and Safety Executive (HSE). Starting here will give you a basic understanding of what law regulates health and safety in the workplace.

Criminal and civil law are both applicable to workplace health and safety. Employers must adhere to health and safety regulations and, in doing so, protect employees and others from getting hurt or ill through their work.

Health and safety criminal law in Great Britain encompasses:

• Acts of Parliament
• Statutory Instruments (Regulations)

The central piece of legislation to adhere to in health and safety is the Health and Safety at Work etc. Act 1974 (HSWA). Under UK law, all workplaces must provide:

• Training for employees to ensure proper health and safety practices are understood. Depending on the responsibilities of the individual, they could take any number of courses including:
  • IOSH Managing Safely or IOSH Working Safely
  • NEBOSH General Certificate
• Welfare provisions for staff at work, including toilets, drinking water, washbasins etc.
• Provisions of relevant information, instruction and supervision.

It is essential to be mindful that if an individual is not harmed, it does not mean an offence hasn’t occurred. Accidents without harm can also be an offence.

The Management of Health and Safety at Work Regulations 1999 and other sector specific legislation should also be on your radar. There is sector specific legislation in other industries such as the Control of Asbestos Regulations 2012 in Asbestos, or the Construction (Design and Management) Regulations 2015 in Construction.

Fire safety in and of itself also requires a separate plan of action and responsibilities are designated differently.

Health and Safety Executive (HSE) Responsibilities for Enforcing Health and Safety Legislation

As far as consequences go, if this your legal obligations are neglected, a regulator such as HSE or local authority may take action against employers under criminal law. The person affected is also within their right to make a claim for compensation against the employer under civil law.

If employers do not comply with any of the standards specified by the law, they could open themselves up to:

• Unlimited fines.
• Written or verbal warnings.
• Enforcement policy statements.
• Criminal or civil prosecution.

Needless to say, these consequences can have catastrophic effects on the longevity of a business.

The Importance of Health and Safety Responsibilities

These health and safety responsibilities are essential to the workplace, and their importance is paramount to a functional and thriving workplace. The 2023/24 Health and Safety at Work Statistics for Great Britain, carried out by the HSE, serve as a stark reminder of the potential costs of neglecting your health and safety obligations.

• 1.7 million workers suffer from new or long-standing work-related ill-health.
• £21.6 billion in costs related to new or long-standing workplace injuries and ill-health.
• 543,000 workers suffer from work-related musculoskeletal disorders.
• 7.8 million work days lost due to work-related musculoskeletal disorder.
• 138 workers were killed in work-related accidents.

Needless to say that many of these cases could perhaps have been avoided had the employers or employees implemented best practices from the beginning. With statistics such as this, it's important to bare in mind there are many incidents and injuries that go unreported meaning that figures could be even bigger than initially thought.

Training and Education

Health and safety courses are the shields we use to defend our workforce from any potential dangers in the workplace. The importance of investing in quality workplace safety training that makes a tangible difference cannot be understated. Training equips both employers and employees to contribute with the necessary skills and knowledge to feel confident in their safety and their co-worker’s competency. 

We would recommend that employers seek to complete both the NEBOSH HSE Certificate in Health and Safety Leadership Excellence as well as IOSH Managing Safely Course. These courses provide in-depth knowledge of establishing the right health and safety culture as well as actionable steps for managing safety in your workplace. The IOSH Working Safely is a good starting point for employees looking to understand their role in keeping the workplace safe and how to identify or control common workplace hazards.

As a training provider ourselves, we have helped businesses such as Yusen Logistics and Bentley Motors transform their health and safety processes through our industry-renowned online courses.

Monitoring and Enforcing Standards

Returning to HSE, we can touch on workplace safety monitoring and enforcement. Monitoring health and safety is a constant process that requires attention and diligence. It’s not enough to manage risks; you must consistently reassess them. Persistence and dedication to the process will allow organisations to quickly take action when required. If you stay prepared, you don’t have to get prepared.

HSE advise that you adopt a monitor and enforce approach through the Plan, Do, Check, Act system which involves:

• Planning what you need to do.
• Doing the right things to implement your plan.
• Checking your control measures.
• Acting if your measures are not working.

Regulatory agencies such as HSE provide guidance, operate permissions in major hazard industries, carry out targeted inspections, take enforcement action to prevent harm and hold those who break the law to account. Inspections and audits make up an important part of their role. 

Employers must give unrestricted access to external and internal expert auditors to keep their cost-effectiveness, independence, and objectivity under review.

The consequences of poor health and safety practices can be catastrophic. Financial, reputation, and moral consequences await any organisation that commits safety violations. Corrective actions are also a necessity when hazards and potential risks are identified, as organisations could fall into the trap of repeatedly making the same mistakes.

In summary, everyone is responsible for creating and maintaining workplace health and safety responsibilities to some degree. It’s a constant pursuit and team effort. Collaboration between employers and employees in decision and action is the foundation upon which this is built. At Astutis, people are at the centre of everything we do, and we implore you to prioritise safety in your organisation. Fundamentally, this will help create the most secure and productive environment for the business and its people. 

The IOSH Managing Safely course is the perfect opportunity for organisations to improve their health and safety standards, as it showcases key legislation, common hazards and practical control measures for employees.