Hi Conor,

You had a question in relation to someone being in a role that means they have responsibility for health and safety in a company. (This is applicable to all Management staff not just a single person)

To begin with Section 20 of the Safety, Health & Welfare at Work Act 2005 provides that every employer must have a written safety statement based on the hazards identified and the risk assessment under Section 19 and setting out how the safety, health and welfare of employees will be secured and managed. When preparing a safety statement, account should be taken of the general principles of prevention set out in Schedule 3 to the Act. You have to understand there is no such thing as "Total Safety" it just does not exist. If the Safety Statement meets the criteria defined below then it is acceptable in so far as is reasonable practicable. You can never say the Safety Statement is finished as it is a working document reflecting all the changes which occur in the workplace. On that basis the person who wrote the Safety Statement provided the management of the facility with a foundation document which they could then use to manage the safety in the place of work. Under these circumstances the person who wrote the Safety Statement cannot be held responsible for and problems down the line and cannot be prosecuted. You did not say if the same person was responsible for maintaining the document. I am taking it that the person who wrote it handed it over to management and it was their responsibility to manage it.

Safety statements must be specific to the place of work and must set out:

• the hazards identified and the risks assessed,

• the protective and preventive measures taken and the resources allocated to safety, health and welfare,

• the plans and procedures for dealing with emergencies or serious and imminent danger, in compliance with Sections 8 and 11,

• the duties of employees as regards safety, health and welfare at work, and the requirement for them to co-operate on those matters with their employer and any person who has responsibility under the relevant statutory provisions,

• the names and, where applicable, job titles of persons assigned to perform tasks pursuant to the safety statement, and

• the arrangements for the appointment of safety representatives and safety consultation at the place of work in compliance with Sections 25 and 26 and the names of any safety representatives and/or safety committee members.

The aims of the safety statement are:

(i) to involve management up to the highest level by assigning clear responsibilities in the control of safety, health and welfare at the place of work,

(ii) to ensure that appropriate steps are taken to comply with the relevant statutory provisions and that those measures are monitored and reviewed on a regular basis,

(iii) to identify hazards and prioritise risks,

(iv) to ensure sufficient resources are allocated to safety management,

(v) to ensure all at the workplace are informed and involved in the control of safety, health and welfare, and

(vi) to ensure systematic follow-up of problems as they arise.

The employer must bring the safety statement to the attention of the employees, and in a form, manner and language that is reasonably likely to be understood. This should be done at least annually, or when it is amended. It should be brought to the attention of newly recruited employees upon commencement of employment. The safety statement must also be brought to the attention of others who may be exposed to specific risk at the place of work to which the statement applies.

Where specific tasks pose a serious risk the employer must give relevant extracts of the safety statement to those affected employees covering the risk identified, the risk assessment and the safety measures taken in accordance with health and safety legal provisions. An example could include working in confined spaces.

The safety statement must be reviewed, and amended if it is no longer valid or if there is reason to believe it is no longer valid, if there has been significant change in the matters to which it relates, or if directed by an inspector under Section 64 within 30 days of that direction.

Subject to the making of Regulations, where an employer (Employer A) contracts another employer (Employer B) to provide services to him or her at the place of work Employer A must ensure that Employer B, is in possession of an up to date safety statement.

A copy of the safety statement, or a relevant extract, must be available to an Inspector at or near every workplace where work is being carried out. Notwithstanding the generality of the above, employers with three or less employees can comply with this section if they observe the terms of a code of practice, if any, relating to safety statements that apply to their particular sector and published or approved under Section 60.

Employers and persons in control of places of work must prepare a safety statement in relation to their duty to persons other than their employees as regards Section 12 or Section 15.

If on the other hand the person who wrote the Safety Statement did not complete the document in line with the requirements of Section 19 & 20 of the 2005 Act and as a result of the incomplete document the safety of the workplace was compromised resulting in an accident to a member of staff, then the person who produced the document in particular if that person was a competent person in the area of Health and Safety could be held to be negligent and a contributory factor in the employee's accident. Under these circumstances the individual could be exposed to criminal prosecutions by the Health and Safety Authority for negligence. It is very unlikely that the person would be open to Civil Action – compensation from affected parties, e.g. their employer or staff of company as the solicitor for the injured party would advise that the individual does not have access to the level of funds required to meet any settlement. If however the individual worked for a Consultancy Company its possible the individuals employer could be exposed to Civil Action – compensation from affected parties, e.g. their employer or staff of company.

I hope this is of help to you.

Best Regards, Paul Tierney.