What are the duties of a safety professional?

GUIDANCE

Is there a duty to notify your employer of a deficiency in safety arrangements? 

Under Regulation 14 MHSWR 1999, an employee remains under a continuing duty to notify his employer of deficiencies in safety arrangements, including where this arises as a result of their own work (such as a risk assessment), which may only come to light in the weeks or months which follow implementation.

Section 7 of the HSWA 1974 would also give rise to a more general duty to ensure that an employee does not expose other persons to a risk to their health and safety arising from their omissions, and this broader duty could extend to a failure to notify their employer on discovering persons are at risk due to a product of their own work.

Where an employee is sufficiently senior, this may also constitute neglect under s.37. Where that person is not an employee, s.36 may apply and have the equivalent effect ("default" is used but is broadly equivalent to "omission"). 

Do safety professionals owe a duty to their professional body? 

Professionals who belong to a membership body should also be mindful that they may owe obligations to remain in good standing and ensure they do not bring the body into disrepute.

This is often enshrined in a more formal code of conduct that members must adhere to. The most basic right of any membership organization is to decide who can join and who must leave, provided the reasons used in the exercise of this right are lawful (i.e. not discriminatory or prohibited by some other enactment). 

Am I protected if I disclose a safety deficiency at my workplace to a third party?

Employees should also remember that they owe duties to their employer under employment law. Failure to comply may result in disciplinary action and/or dismissal. Disclosure of controlled information to an outside party that is not protected by the Employment Rights Act 1996 (as amended by The Public Interest Disclosure Act 1998) may result in a breach of your terms and conditions. It may also have other repercussions, so it is important to seek legal advice. You must never make a disclosure maliciously or advance your own interests, as this will remove any protection you have from dismissal and/or personal liability for reputational damage to your employer. It is an essential element that the disclosure is "in the public interest".  

An employee may have a right to protection from reprisal by an employer, where they have a reasonable belief that the employer or some other person related to the employer has committed wrongdoing that affects others (cannot be a personal grievance). You’re protected by law if you report any of the following:

• A criminal offence, for example, fraud
• Someone’s health and safety are in danger
• Risk or actual damage to the environment
• A miscarriage of justice
• The company is breaking the law. For example, does not have the right insurance
• You believe someone is covering up wrongdoing

Part of an effective health and safety culture ensures that workers are protected from reprisals when reporting concerns. This is included within the global management systems standard ISO 45001 and throughout HSE guidance. 

You must report your considers to the correct body. This will be your local authority for most leisure centres unless your leisure centre is owned or operated by a local authority, in which case it will be the HSE. In the UK, you can find out more here via the HSE Reporting a health and safety issue webpage.

Citation: Jacklin, D. (2022). What are the duties of a safety professional? (Leisure Litigation Blog, 6th March).