Legal Duties and Liabilities for Health and Safety at Work

The aim of the HSWA is to ensure practical compliance and help organisations understand and implement an 'organisational intent' to support health and safety. In Particular, it is designed to create a requirement for a health and safety policy to enable the safety management structure to be publicised so all employees are aware of how health and safety is dealt with.

For practical purposes, responsibility for the health and safety implications of work activity and employee welfare relating to work rests with the employer. The law also imposes duties for those in control of non-domestic premises used as either a place of work or where people may use plant, or substances provided for their use. Duties are imposed on:

• designers
• suppliers
• importers
• manufacturers of articles
• substances used at work
• employees

Employer's Duties

Legal and personal responsibility for health and safety can fall on anyone employed in the organisation. Every person with responsibility for health and safety should be identified and have their role and responsibilities set out in the company's health and safety policy.

Overall responsibility for health and safety ultimately rests with the Board of Directors. The general statement of policy will usually be signed by the undertaking's proprietor, chief executive of managing director, usually the most senior person responsible for the day-to-day running of the business.

Barbour Resources

We offer a range of resources to help you create policy and communicate with the workforce, including regularly reviewed documents which provide technical guidance, and policy and risk assessment assistance.

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