Health And Safety Law: Charities' Legal Responsibilities

Charities are often not viewed as businesses because they are not profit-making and rely on unpaid volunteers. However, health and safety legislation does apply to charities that have at least one employee. In the UK, the Health and Safety at Work etc. Act 1974 (HSWA) imposes a number of obligations on organisations and duty holders (usually employers or owners) and outlines the general duties owed to all employees and non-employees, including volunteers. Charities must also adhere to specific legal requirements when developing their health and safety policies, such as conducting risk assessments and implementing control measures to reduce risks.

Health and Safety at Work Act 1974

The Health and Safety at Work etc Act 1974 (HSW Act) is the primary piece of legislation covering occupational health and safety in Great Britain. It applies to any organisation with at least one employee, including voluntary organisations.

The HSW Act sets out the general duties that employers have towards employees and members of the public, and employees have to themselves and each other. It also requires employers and the self-employed to protect people other than those at work (e.g. members of the public, volunteers, clients and customers) from risks to their health and safety arising from work activities.

The Act is qualified by the principle of 'so far as is reasonably practicable'. In other words, an employer does not have to take measures to avoid or reduce a risk if they are technically impossible, or if the time, trouble or cost of the measures would be grossly disproportionate to the risk.

The Management of Health and Safety at Work Regulations 1999 (the Management Regulations) make explicit what employers are required to do to manage health and safety under the HSW Act. The main requirement is to carry out a risk assessment. Employers with five or more employees need to record the significant findings of the risk assessment.

The HSW Act also requires employers to:

• Make arrangements for implementing the health and safety measures identified as necessary by the risk assessment
• Appoint competent people to help them implement the arrangements
• Set up emergency procedures
• Provide clear information and training to employees
• Work together with other employers sharing the same workplace

The HSW Act imposes the same duties on a charity as any other employer, both towards employees and non-employees. It is good practice to give volunteers the same level of protection as employees. The Charity Commission includes an obligation to take reasonable steps to protect people from harm.

Trustees are considered duty holders under the HSW Act and can be personally prosecuted and liable if a health and safety offence is committed with their connivance or is attributable to any neglect on their part.

Management of Health and Safety at Work Regulations 1999

The Management of Health and Safety at Work Regulations 1999 outlines the duties of employers and employees to maintain a safe and healthy workplace. It reinforces the Health and Safety Act 1974 and applies to every work activity.

Employer duties

Employers are required to undertake risk assessments to identify potential hazards to employee health and safety and anyone who may be affected by their work activity. They must then make arrangements for implementing health and safety measures to control the hazards identified by the risk assessment. The General Principles of Prevention, also known as the Hierarchy of Risk Control, should be applied.

Employers must also appoint at least one competent person (preferably from within the organisation) to oversee, supervise and assist in all matters of health and safety legislation. They must also provide employees with all necessary safety information in an understandable format, as well as adequate health and safety training.

In addition, employers should not give workers tasks beyond their competence or physical capabilities and should cooperate and coordinate with other employers sharing the same workplace.

Employee duties

Employees are responsible for reporting any health and safety shortcomings, dangerous situations, and incidents or accidents. They must also use equipment in accordance with training and instruction and take reasonable care of their own health and safety and that of anyone affected by their work.

Amendments

In October 2003, the Management of Health and Safety at Work Regulations were amended to remove civil liability exclusions. This means employees can now claim damages from their employer if they have suffered injury or illness due to a breach of the 1999 Regulations, and employers can bring actions against employees for breaching their duties under the Regulations.

Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013

Charities, like any other organisation, are subject to health and safety laws if they have at least one employee. This includes the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR) 2013.

RIDDOR 2013 requires employers and those in charge of work premises to report and keep records of specific incidents. This includes:

• Work-related accidents causing deaths.
• Work-related accidents causing certain serious injuries, known as "reportable injuries".
• Diagnosed cases of certain industrial diseases.
• Certain "dangerous occurrences", which are incidents with the potential to cause harm.

The regulations were revised in October 2013 to simplify the reporting requirements. The changes included:

• Replacing the classification of "major injuries" with a shorter list of "specified injuries".
• Replacing the existing schedule of 47 types of industrial diseases with eight categories of reportable work-related illnesses.
• Reducing the number of types of "dangerous occurrences" that require reporting.

It is important to note that there were no significant changes to the reporting requirements for accidents involving non-workers (members of the public) or accidents resulting in the incapacitation of a worker for more than seven days. The recording requirements also remained largely the same.

RIDDOR 2013 is just one aspect of health and safety law that charities need to be aware of. There are also other regulations, such as those covering manual handling, display screen equipment, workplace health and safety, and personal protective equipment, which charities should comply with to ensure the safety and wellbeing of their employees, volunteers, and anyone else they may come into contact with.

Health and Safety Sentencing Guidelines

Charities must adhere to specific legal requirements when developing their health and safety policies. The Health and Safety at Work Act 1974 outlines employers' general duties to ensure the health, safety, and welfare of their employees and others affected by their work. The Management of Health and Safety at Work Regulations 1999 mandates that employers undertake risk assessments and implement appropriate measures to control identified risks.

The Health and Safety Sentencing Guidelines were introduced in February 2016 to provide uniformity and guidance to judges when sentencing organisations and individuals convicted of health and safety offences. The guidelines effectively increased the average fine to around £1 million for large organisations where the culpability was high and the offence posed a serious risk of harm. If a charitable or publicly funded organisation is facing sentencing, the court will consider its annual revenue budget when assessing the level of the fine. The fine should be substantially reduced if the organisation can demonstrate that the proposed penalty would significantly impact its service provision.

The threat of imprisonment for trustees has also increased since the introduction of the guidelines, with sentences ranging from 26 weeks to two years, even in some low-culpability cases. Therefore, it is crucial for trustees and senior managers of charities to understand the sentencing framework for health and safety offences, including levels of culpability and the seriousness of the harm risked. They should also seek early strategic advice in the event of an incident to limit the potential fine and/or imprisonment.

To ensure compliance with health and safety regulations, charities should consider the following:

• How to ensure their organisation, including the board, receives competent health and safety advice.
• How health and safety incidents and near misses are dealt with.
• How to ensure all staff, including the board, are sufficiently trained and competent in their health and safety responsibilities.
• How confident they are that their workforce's concerns are reaching the appropriate level, including the board, as necessary.
• What systems are in place to ensure the charity's risks are assessed and that sensible control measures are established and maintained.
• Whether their policies and practices are up-to-date and relevant to the charity's current activities.

Trustee responsibilities and liability

Trustees are responsible for directing and managing the charity as a whole. They are considered duty holders under the Health and Safety at Work etc. Act 1974 (HSWA) and are thus responsible for ensuring that the charity complies with its governing document, charity law requirements, and other applicable laws. Trustees must also act in the charity's best interests, manage its resources responsibly, and ensure accountability. They have a duty of care to themselves and others affected by their work and can be held personally liable for health and safety offences.

• Ensure the charity carries out its purposes for the public benefit: Trustees must ensure that the charity's activities align with its stated purposes and are intended to benefit the public. They should understand the charity's governing document, plan its activities, and be able to explain how its activities further its purposes.
• Comply with the charity's governing document and the law: Trustees must ensure the charity complies with its governing document, charity law, and other applicable laws. They should stay informed about legal requirements and seek advice when needed.
• Act in the charity's best interests: Trustees must make decisions that best enable the charity to carry out its purposes. This includes making informed and balanced decisions, avoiding conflicts of interest, and not receiving personal benefits without proper authorisation.
• Manage the charity's resources responsibly: Trustees must act responsibly, reasonably, and honestly in managing the charity's assets. They should avoid undue risks, comply with spending restrictions, and put procedures in place to safeguard the charity's assets and reputation.
• Act with reasonable care and skill: Trustees must use their skills and experience and seek advice when necessary. They should actively participate in board meetings and contribute their expertise to support the charity's decision-making process.
• Ensure the charity is accountable: Trustees must comply with accounting and reporting requirements and ensure accountability to members, staff, and volunteers. They should also demonstrate that the charity is well-run, effective, and compliant with the law.

Trustees can be held personally liable for health and safety offences committed with their connivance or due to their neglect. In the case of unincorporated charities, actions are brought against individual trustees, who have a right to be indemnified from the charity's assets unless they acted beyond their powers or in breach of trust. However, trustees can apply for relief to the Charities Commission if they acted "honestly and reasonably."

Frequently asked questions