Understanding Your Duty of Care as an Employer
As an employer, you are responsible for the health and safety of your employees while they are working for you. This includes your designated workplace as well as any field operations they might be involved in. This is known as a duty of care and is enshrined in law as one of your key responsibilities as an employer.
In this article, we’re going to take a look at what a duty of care involves and how you can make sure you are complying with the latest guidance.
Health and Safety Legislation
Your duty of care as an employer is laid out in the Health and Safety at Work Act (1974), sometimes referred to as HASWA. This important piece of legislation sets out your responsibilities as an employer as well as those of your employees, and where the two intersect. The law also covers third-party contractors, agency staff, freelancers, and any other people that you may have hired but who are not on your PAYE payroll.
While much of the legislation covers your duty of care, there is also guidance and regulations that cover who is responsible for reporting health and safety violations, the proper chain of command for dealing with such issues, as well as the consequences for failing to meet your responsibilities.
What Is Included in a Duty of Care?
The HASWA is a lengthy document listing a wide variety of items that you are responsible for. While you are expected to familiarise yourself with the legislation in full, these are the key components that make up your duty of care.
- Provide a safe system of work.
- Provide a safe place of work.
- Provide safe equipment, plant, and machinery.
- Ensure you have safe and competent people working alongside you, as you are liable for the actions of your staff and managers.
- Carry out risk assessments according to the latest regulations for your industry and take steps to control or eliminate any risks.
- Inform workers of any potential hazards associated with their work process.
- Providing instruction, training, and supervision to staff to mitigate potential risk.
- Appoint a “competent person” responsible for health and safety in the workplace to oversee day-to-day safety management, liaise with staff, and conduct regular safety inspections.
- Consult with safety representatives in the workplace, such as health and safety officers or trade unions.
- Provide adequate facilities for staff welfare in the workplace, such as toilets, break rooms, and so on.
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