Who is responsible for ensuring a safe workplace: the employer or the employee?

In Plain English

Both the employer and the employee have responsibilities for workplace safety, but the employer has the primary duty. The employer must, as far as is practical, create and maintain a safe working environment. This includes providing safe equipment, systems, and adequate training. Employees also have a responsibility to take reasonable care for their own safety and not to put others at risk. They must also follow safety instructions and cooperate with workplace safety policies.

Detailed explanation

Both employers and employees have responsibilities for ensuring a safe workplace. The extent of these responsibilities is detailed in various pieces of legislation, depending on the specific context.

Employer Responsibilities:

• General Duty: The Work Health and Safety Act 2011 places the primary duty on a person conducting a business or undertaking (PCBU) to ensure, so far as is reasonably practicable, that workers and other persons are not exposed to health and safety risks arising from the business or undertaking. This is echoed in the Employment Act 1988 (NI), which states that an employer must provide and maintain a working environment that is safe and without risk to health, so far as is practicable.
• Specific Duties: These general duties are further defined to include:
  • Providing and maintaining safe plant and systems of work (Work Health and Safety Act 2011, Employment Act 1988 (NI)).
  • Ensuring safe use, handling, storage, and transport of plant and substances (Work Health and Safety Act 2011, Employment Act 1988 (NI)).
  • Providing adequate facilities for the welfare of workers (Work Health and Safety Act 2011).
  • Providing necessary information, training, instruction, and supervision (Work Health and Safety Act 2011, Employment Act 1988 (NI)).
  • Monitoring the health of workers and workplace conditions (Work Health and Safety Act 2011).
  • Preparing, maintaining, and implementing emergency plans (Work Health and Safety Regulations 2011).
  • Providing appropriate personal protective equipment (PPE) (Work Health and Safety Regulations 2011).

Employee Responsibilities:

• General Duty: Workers have a duty to take reasonable care for their own health and safety and must not adversely affect the health and safety of other persons (Work Health and Safety Act 2011, Work Health and Safety (Managing Risks of Plant in the Workplace) Code of Practice 2015, Work Health and Safety (Construction Work) Code of Practice 2015, Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024).
• Specific Duties: This includes:
  • Complying with reasonable instructions and cooperating with policies and procedures relating to health and safety (Work Health and Safety (Managing Risks of Plant in the Workplace) Code of Practice 2015, Work Health and Safety (Construction Work) Code of Practice 2015, Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024).
  • Using or wearing personal protective equipment (PPE) in accordance with provided information, training, or instruction (Work Health and Safety Regulations 2011).
  • Not intentionally misusing or damaging equipment (Work Health and Safety Regulations 2011).
  • Informing the PCBU of any damage to, defect in, or need to clean or decontaminate equipment (Work Health and Safety Regulations 2011).

Other Duty Holders:

• The Work Health and Safety (Managing Risks of Plant in the Workplace) Code of Practice 2015 notes that designers, manufacturers, suppliers, importers, and installers of plant also have duties to ensure, so far as is reasonably practicable, that the plant is without risks to health and safety.
• Officers (e.g., company directors) have a duty to exercise due diligence to ensure that the business or undertaking complies with the Work Health and Safety Act 2011 and Regulations (Work Health and Safety (Managing Risks of Plant in the Workplace) Code of Practice 2015, Work Health and Safety (Managing Psychosocial Hazards at Work) Code of Practice 2024). This includes taking reasonable steps to ensure appropriate resources and processes are in place to eliminate or minimize risks.

In summary, while employers bear the primary responsibility for ensuring a safe workplace, employees and other duty holders also have important roles to play in maintaining health and safety.