Workplace health and safety: responsibilities and enforcement

Use this page to find out about the responsibilities of employers and staff to comply with the Health and Safety at Work etc. Act (1974) and how government agencies and our local Health and Safety team enforce these regulations.

The Health and Safety at Work etc. Act (1974) covers the rules for how businesses and their staff must operate, to protect themselves, their colleagues, business partners and customers.

Your responsibilities (and liability)

If you're an employer

As an employer (whether you're a company, a partnership or an individual), you're generally legally responsible for making sure your business complies with health and safety law. You can nominate another 'competent person' (either a trained member of staff, or a consultant) to manage this part of your business, but you will still be legally liable for any accidents or damages. We can take directors, managers and supervisors to court, if a health and safety offence has happened, with their 'consent or responsibility'.

You have to consult your employees on health and safety issues, and make sure that all staff know about the regulations and policy in place in your organisation.

If you're an employee

You have a legal duty to co-operate with your employer and to read, understand, and work within, the organisation's health and safety policy. This may mean completing tasks or using tools in a particular way, for example. You mustn't damage or misuse anything your employer provides for health and safety, such as protective clothing, masks or other equipment.

Our enforcement responsibilities

There are local and national bodies who are responsible for monitoring, assessing and enforcing health and safety law:

• The Health and Safety Executive (HSE) is the independent national regulator. 
• Locally, we have a B&NES Public Protection service, who deal primarily with Health and Safety and Food Safety, within businesses and at events.

Our local Health and Safety Officers have the same legal powers as HSE inspectors, but each organisation is responsible for different types of premises or activities, as follows. 

Local Authority responsibilities  

• Warehouses and builders' merchants
• Tyre and exhaust fitting establishments
• Retail premises
• Catering establishments, including cafes, restaurants and pubs
• Offices
• Consumer services, such as hairdressers and beauty salons
• Hotels, guest houses, camp sites and caravan sites
• Health clubs and leisure activities; theatres, cinemas, night clubs etc.  
• Childcare facilities and settings, such as nurseries and playgroups (except those run by the Local Authority or a school)
• Churches and religious meeting halls

HSE responsibilities

• Mines and quarries
• Fairgrounds
• Radio or television broadcasting
• Most construction work
• Agricultural activities
• Maintenance, repair and installation of electricity and gas systems
• Schools
• Hospitals
• Local Authority activities

What we do

As enforcement authorities, both the HSE and our local Public Protection team have a wide range of activities:

• We have the authority to carry out inspections of workplaces, to check if they are complying with Health and Safety law.
• We respond to whistleblowing by staff, or customer complaints, about workplace safety.
• We ensure that businesses comply with the law to report workplace accidents (RIDDOR). We also monitor workplace accident investigations, and make sure these follow national and local regulations.
• We can prosecute or even close businesses, when they have broken the law.
• Our wider team is also responsible for monitoring and enforcing food safety, including awarding ratings using the Food Hygiene Rating Scheme to businesses that produce, serve or sell food.
• We promote health and safety in local workplaces, following both local and national campaigns, and co-operating with other parts of the council, such as Public Health and Planning Services. 

View our Privacy Notice for consumers or businesses using our services