Maintaining workplace health and safety is not just a legal requirement; it is vital for protecting people, ensuring compliance, and preventing accidents that can lead to enforcement action or reputational damage. Under the Health and Safety at Work etc. Act 1974 (HSWA), the main responsibility lies with employers, but everyone in the workplace has a part to play. Managers, supervisors, employees, and contractors all share responsibilities to ensure a safe and healthy working environment.
At Kingfisher Professional Services, we help businesses across the UK understand and meet their legal duties. Through expert HR, employment law, and health and safety consultancy and training, we make sure organisations have clear systems in place to manage risk, comply with the law, and protect their people.
Legal Framework: Who Has Duties Under the HSWA?
The Act’s Scope & Key Duties
The Health and Safety at Work etc. Act 1974 forms the foundation of occupational health and safety in the UK. It sets out general duties for employers, employees, and others involved in workplace activities.
Key responsibilities include:
- Employers (Section 2): Ensuring, so far as is reasonably practicable, the health, safety, and welfare of employees.
- Employers (Section 3): Extending this duty to others who may be affected by work activities, such as visitors and contractors.
- Persons in control of premises (Section 4): Maintaining safety for anyone using the premises.
- Employees (Section 7): Taking reasonable care for their own safety and that of others who may be affected by their actions.
Employer’s Primary Responsibilities
Employers hold the primary duty to provide and maintain safe systems of work, safe plant and equipment, and a safe working environment. They must assess workplace risks, plan and monitor preventive measures, and ensure workers receive adequate training, information, and supervision.
Where a business employs five or more people, it must have a written health and safety policy describing how responsibilities are organised and managed.
Other Duty-Holders: Employees, Contractors, Managers
Employees, contractors, and managers also have responsibilities. Employees must follow training and safety rules, while contractors and supervisors must cooperate with the employer’s arrangements and ensure their own work activities are safe.
Responsibilities in Practice: Defining Roles & Responsibilities
Employer / Business Owner
Employers and business owners are legally responsible for ensuring workplace safety. Their duties include conducting risk assessments, implementing safe systems of work, and maintaining safe equipment and premises. Employers must also provide training, supervision, and welfare facilities such as ventilation, lighting, and sanitation.
Leadership is essential. Directors and senior managers must integrate health and safety into decision-making, consult with employees, and appoint competent persons to oversee health and safety management. If negligence or failure to act occurs with their consent or knowledge, they can be held personally liable.
Managers / Supervisors
Managers and supervisors play a key role in implementing health and safety policies. They must make sure employees follow procedures, provide adequate supervision, and report hazards promptly. They also help maintain communication between employees and senior leadership on safety issues.
Employees
Employees are expected to follow all training and instructions, use equipment safely, report hazards, and avoid actions that could endanger themselves or others. Cooperation with the employer’s safety arrangements is a legal requirement under the HSWA.
Key Duties & Practical Checklist for Employers
Risk Assessment & Safe Systems
Every employer must carry out risk assessments to identify potential hazards and put in place control measures to reduce risks. This includes assessing tasks, equipment, and work environments, and ensuring safe systems of work are in place with appropriate training, supervision, and emergency arrangements.
Policy, Organisation, Arrangements
Businesses with five or more employees must produce a written health and safety policy. This should clearly outline responsibilities, reporting lines, and safety arrangements. Assign specific duties such as fire wardens, first aiders, and competent safety officers to maintain accountability.
Training, Information & Supervision
Employees must receive suitable health and safety training, along with information and instruction to perform their duties safely. Adequate supervision should be provided, particularly for new employees, young workers, and contractors.
Shared Responsibility: How Others Contribute
Health and safety is a shared effort. Employers must ensure that contractors and suppliers are competent and follow the organisation’s safety systems. Employees must take reasonable care, follow procedures, and report unsafe conditions.
The Health and Safety Executive (HSE) and local authorities are responsible for enforcing workplace safety laws. They carry out inspections, issue enforcement notices, and prosecute where serious breaches occur.
Building a Safety‑First Culture & Managing Risk
Leadership and Engagement
Creating a safety‑first culture starts with strong leadership. Directors and senior managers should lead by example, allocate resources, and promote open communication about safety. Engaging employees in risk assessments and encouraging reporting of near‑misses helps to build trust and continuous improvement.
Monitoring, Review & Continuous Improvement
Health and safety management is an ongoing process. Employers should regularly review risk assessments, monitor accident and incident data, and carry out audits to measure performance. Continuous improvement ensures compliance and reduces the risk of harm.
Training, Competence & Contractor Assurance
Ensure everyone – employees and contractors alike – is competent to carry out their roles safely. Include third‑party workers in briefings, training, and safety reviews.
What Happens If You Don’t Meet Your Responsibilities?
Failure to meet legal duties can lead to serious consequences. The HSE or local authorities can issue improvement or prohibition notices, or pursue prosecution. Penalties can include unlimited fines or imprisonment for individuals under Section 37 of the HSWA.
Beyond legal penalties, employers may face civil claims for negligence, reputational harm, business disruption, and increased insurance costs. Cases have shown that directors can be personally held accountable for breaches where neglect or consent can be proven.
How Kingfisher Professional Services Can Help
At Kingfisher Professional Services, we support employers in meeting their health and safety obligations through tailored consultancy, audits, and training.
Our services include:
- Health and safety audits and risk assessments to identify gaps, clarify responsibilities, and strengthen safe systems of work.
- Policy development and documentation, helping you assign roles and record arrangements clearly.
- Training for employers, managers, and employees to understand their responsibilities under the HSWA and apply them practically.
- Contractor management and assurance, ensuring third parties comply with your safety standards.
- Ongoing support and monitoring, including 24/7 advice and incident response.
Partnering with Kingfisher gives you confidence that your organisation meets legal requirements, reduces risk, and promotes a positive, safety‑driven culture.
Conclusion
The responsibility for workplace health and safety begins with the employer, but it is shared across the organisation. Managers, employees, and contractors each play a part in creating and maintaining a safe working environment.
Clear roles, well‑structured systems, effective training, and open communication are key to compliance and protecting people. Reviewing your organisation’s responsibilities regularly helps ensure nothing is overlooked.
If you are unsure where to start or want reassurance that your systems are compliant, contact Kingfisher Professional Services for expert advice and practical support.