2 Are you at risk?

As well as this legal responsibility, the employer also has an implied responsibility to take reasonable steps as far as they are able to ensure the health and safety of their employees is not put at risk. So an employer might be found liable for his actions or failure to act even if these are not written in law.

An employer should assess the level of risk as against the cost of eliminating that risk in deciding whether they have taken reasonable steps as far as they are able. The employer's responsibility to the employee might include a duty to provide safe plant and machinery and safe premises, a safe system of work and competent trained and supervised staff. Certain groups of employees may require more care and supervision than others, for example disabled workers, pregnant workers, illiterate workers etc.

The employer must consult either directly with their employees or through an elected representative on health and safety matters. If there is a recognised union with an appointed safety representative they must consult with them and allow time off for training in health and safety issues.

Usually the employer's responsibility is only to his or her own employees and premises; however, the responsibility can be extended in some circumstances.