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Who is Responsible for Health and Safety in the Workplace?

With so many moving parts in running a business, understanding who is responsible for health and safety in the workplace might feel overwhelming. Yet, the answer is simpler than it seems.

Who is Responsible for Health and Safety in the Workplace?

In short, everyone is responsible for safety in the workplace. From employers and employees to clients, visitors, and even members of the public — everyone in the workspace has a role to play in maintaining a safe environment. Safety is a shared responsibility that hinges on everyone looking out for one another.

If we were to assume that safety was only one person’s job, responsibility would be passed around without real accountability. By recognizing that no one person is solely responsible, we encourage everyone to play their part. As SEMA aptly states in its video on load notices, “safety is everyone’s job.”

Legally Speaking: Who Holds Responsibility for Health and Safety?

While morally everyone has a role, the legal side of workplace safety is more nuanced. When it comes to liability, responsibility varies depending on the person’s role within the workplace, with the employer typically holding the largest share of responsibility. However, others in the workplace — such as employees, visitors, and the public — are also accountable to some extent.

Employer Responsibilities

Under the guidance of the Health and Safety Executive (HSE), employers bear primary responsibility for ensuring a safe work environment. They are required to provide a safe workspace, adequate training, and proper safety equipment for employees. Employers must also maintain the equipment and processes that help to prevent accidents and injuries.

It wouldn’t be practical, though, to assign full responsibility to the employer for every incident. For instance, if an employee deliberately injures a colleague, it wouldn’t be fair to hold the employer responsible. This highlights the need for employees to also have some level of responsibility.

Employee Responsibilities

Employees are responsible for following safety procedures, using equipment properly, and alerting management to any hazards. If an employer asks an employee to perform a task without the correct training or equipment, the employer would be liable in case of injury. HSE outlines specific responsibilities for employees, including those who are agency or temporary workers.

Other Responsibilities

Responsibility for safety also extends beyond employers and employees:

• Public and Visitors: A member of the public entering a workplace uninvited and ignoring safety rules would be responsible for their own safety.

• Contractors: Contractors working on equipment are responsible for any faults or hazards they introduce.

• Safety Representatives: Elected safety representatives, often chosen by unions, have specific responsibilities under the Safety Representatives and Safety Committees Regulations 1977 and the Health and Safety (Consultation with Employees) Regulations 1996.

Client Responsibility under CDM Regulations

In construction or design projects, responsibility is more complex, especially when the employer isn’t as clearly defined. According to the CDM Regulations 2015, “clients” — any person for whom a project is carried out — bear significant responsibility for workplace safety. This applies to construction sites, film sets, and other project-based environments, ensuring that safety standards are met throughout these unique workplaces.

How to Determine Who is Responsible for Safety

To clarify responsibilities, start by researching industry-specific laws and guidelines. In warehouse settings, for instance, the employer or warehouse owner typically holds primary responsibility for safety, though employees also have a part to play.

HSE recommends that one employee take on the role of PRRS (Person Responsible for Racking Safety), a position that involves overseeing regular racking inspections. This isn’t a legal requirement but is strongly advised in HSE’s HSG76 guidance. The PRRS works alongside annual inspections by a SEMA approved racking inspector to maintain a safe racking system.

Ensuring Workplace Safety: Everyone Has a Role

Ultimately, while the specific responsibilities vary by role, the principle remains the same: safety is everyone’s job. When every person in the workplace takes ownership of safety, the risk of accidents decreases, creating a safer environment for all.

If your business is looking for racking inspection training from a SEMA approved racking inspector or an annual racking inspection, reach out to A-Z Rack Inspections for a FREE consultation.

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