Within any organisation, large or small, there is a management structure. It may that you are a sole trader, self-employed individual or partnership, or perhaps your responsibilities lie within a large company with a board of directors led by a chairman. In between there are directors, managers of various levels and supervisors/foremen. No matter what your title, you all have a duty to manage risk within the context in which you undertake work or manage activities.

With regard to health and safety, the self-employed person is responsible for his/her own actions and, while they do not have to have a written health and safety policy, they do have to manage any hazards and risks that they may create. For example, a window cleaner has the responsibility to use equipment that is fit for purpose. There will a duty of care to customers and the general public who may be harmed by the work activity.

As a business develops and employs more staff, its responsibilities increase. Once five or more people are employed, the principal of the organisation has to ensure they have a written policy, risk assessments and safe systems of work. Your level of responsibility depends upon your type of business. If you have formed as a partnership, where two or more people join together to work under a single identity, then each partner is individually liable for any health and safety failings in the business.

Some partners declare that they are sleeping partners and have no day-to-day input into the running of the business. Beware: you are still liable!

Responsibility Cannot be Shifted

The most common form of business organisation is a limited liability company in which there are directors. In this situation, the company is responsible for having to adopt health and safety systems within its activities. If there is a failure, then formal enforcement action is taken against the company and generally not the individuals, unless it is found that individuals are negligent in their duties in which case they may be charged with an offence under health and safety legislation. This could result in a prison sentence, disqualification from holding office as a director in a company and/or a fine.

In smaller limited liability companies there will be either a single director or a small number of directors with one designated as the chairman and/or managing director. The management of risk is generally the day-to-day activity of directors of small to medium size organisations, as they are close to the work activities. This means that they must examine what the company does, how it does it and identify any possible harmful outcomes. For example, a company may use chemicals, produce fumes/smells and/or create dust. These can affect employees and possibly the general public. It is therefore imperative that these risks are managed through effective control measures.

In large companies, the directors generally form a board who meet regularly to discuss matters of importance to the company. In this situation, there may be a chairman as well as a managing director. No matter what the formation or individual job description is, all directors are responsible for ensuring that company risks are managed, and that includes health and safety.

When preparing the agenda for a board meeting, many companies do not include health and safety. Following an accident, the authorities can examine the agenda and minutes of board meetings to determine if health and safety is taken seriously. If there is a prosecution, then the court will be told about the extent of health and safety risk management, or lack of it.

Best Practice is Cost Effective

It is often said that health and safety is expensive. If health and safety is embedded into the fabric of the organisation, it makes little difference in terms of cost. There is strong evidence to show that good health and safety practices actually pay for themselves in the long run.

For every business there are risks – there is the risk of retaining enough customers and keeping plant and equipment maintained; financial risk; loss risk; and then there is the risk of failure with regard to health and safety. A serious accident can cost a company dearly in terms of lost production, employee absence, higher insurance premiums, uninsured losses, bad publicity and so on.

If you are a sole trader, a partner or a director, you cannot delegate the responsibility for health and safety to anybody else. You can seek professional advice through employing a competent health and safety adviser or engage an outside consultant. However, those who control or direct the organisation must manage the risks themselves.