Health and Safety Responsibilities for Business Owners vs Contractors

Written by Georgia Green | October 6, 2022

As a business owner, you are responsible for having a robust health and safety policy, undertaking Risk Assessments of all your activities, the space you work in and the equipment you use. It is also your responsibility to put in place any procedures, training and PPE that may be required to minimise the likelihood and severity of accidents in your workplace.

You are also responsible for ensuring that third parties who come on to your site also act safely. It is your duty to carry out the relevant checks including reviewing the insurance provision for your contractors. These checks must be conducted every time as you have the same health and safety responsibility for third parties entering your premises. This is particularly important for tradesmen undertaking work at height, heat, or other high risk activities.

If a serious injury or fatality occurs at your premises as a result of work that is being carried out by a contractor, your company will be at risk of punitive fines and punishment as a result of the Health and Safety Executive (HSE) investigation. The fines and punishments are contingent on a number of issues ranging from the seriousness of the incident, the size (turnover of the business) and just how badly the company breached health and safety regulations. The business’s willingness to rectify breaches in regulatory working practice will also be an important factor. Finally, the incident will be a declarable material fact that will affect your business’s insurance programme in the future.

Key health and safety considerations for business owners

The HSE provide the following health and safety guidance for businesses:

Your business’s health and safety responsibilities

Your responsibilities when employing a contractor

Appoint a competent person who will help you manage health and safety in your business
Consult your workers about health and safety
Appoint first aiders
Ensure you are compliant with The Health and Safety at Work Act, criminal and civil law
Prepare a health and safety policy
Tell your workers what their health and safety duties are
Display the HSE Law Poster
Report certain injuries, near-misses and work-related illnesses to the HSE
Undertake a risk assessment to identify and assess risks at work
Have the appropriate workplace facilities
Get comprehensive insurance including Employers’ Liability cover

Source: https://www.hse.gov.uk/simple-health-safety/

Select a suitable contractor that has the sufficient skills and knowledge to do the job safely and without risks to health and safety
Assess the risk of the work, considering any health and safety implications
You and the contractor should both undertake a risk assessment and share your findings to consider any risks from each other’s work that could affect the health and safety of the workforce or anyone else
Provide information, instruction and training to your employees and the contractor
Set up liaison arrangements for co-operation and co-ordination with all those responsible to ensure the health and safety of everyone in the workplace
Decide what you need to do to manage and supervise the work of contractors and agree this in advance of the contractor carrying out the work

Source: https://www.hse.gov.uk/toolbox/workers/contractors.htm

Speak to a Health and Safety consultant today

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