The Health and Safety Executive answers readers’ questions raised in the wake of the court case resulting from a lecturer being burnt in an accident with a container of acid.

New to the job
Q: I am a new lecturer in charge of health and safety — purely in the sense that all members of staff are told this is our responsibility.
I previously worked in the building industry where the subject was taught in safety training courses.
It appears this is not the case in FE. Am I legally responsible if a student is injured when under my supervision, regardless of whether I have been trained in health and safety appropriate to my teaching job?

A: The responsibility for managing workplace risks rests with the college. Employers should share with their employees, and their representatives, the results of risk assessments for hazards in their workplace, and provide train- ing where appropriate. Employees have a general duty to co-operate with the results of their employer’s risk assessments.

Can I be prosecuted?
Q: Can individual employees be prosecuted if there is a health and safety breach, or just the college?

A: The employer is responsible for complying with statutory duties for health and safety. However, employees have duties under the Health and Safety at Work Act to co-operate with their employer to enable them to comply with the law. Employees also have a duty to take reasonable care for their own health and safety and that of others who may be affected by their actions or omissions at work. Where there is a breach of the law, the HSE would look to take action against the employer. If there was sufficient evidence to show that an individual caused an offence or gave rise to it through personal neglect, consent or connivance, then legal proceedings could be taken against that person – but this is rare.

Whistleblowers’ code
Q: Does the HSE investigate breaches brought to its attention by members of staff concerned about their work environment. If so, is our identity protected?

A: The HSE’s policy is to investigate every such complaint. The executive would request the name of the person making the complaint, but we would not disclose this to the employer if the person wished to remain anonymous. We do, however, have to let the employer know that a complaint has been received. The executive will not investigate if the complaint is being made by an employee who has not first brought it to the attention of the employer or a trade union representative.

Vocational training
Q: Our college has increasing numbers of students, aged 14-16, coming in part time from schools on vocational courses. Should we be getting special training in health and safety for this age group?

A: If you feel your employer’s health and safety policies are not robust enough to deal with changing circumstances, you should raise this with them. Employers should revisit their policies periodically to see whether anything has changed. Employees play a key role in bringing such changes to the attention of their employers as, for obvious reasons, they are best placed to recognise emerging problems. As for special training, this is something that should be taken up with your employer if you feel you are not equipped. 

Further information on these and other matters at www.hse.gov.uk/