Guidance: What are the legal duties of a risk assessor?

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A risk assessor is someone who completes a risk assessment. The assessment could be dynamic or proactive, written or unwritten, and take anywhere between a few minutes to a few days to complete. 

Who approves a risk assessment? 

In most cases, this will be the employer. A risk assessment will typically be taken as having been approved by the employer where it is put into practice or where it is approved orally or in writing by an employer representative. 

What are the duties of the risk assessor? 

Several duties may attach to risk assessors: 

• A duty to take reasonable care not to expose any person to a risk arising from the assessment or its controls (HSWA 1974, s.7). 
• A duty to notify your employer if you reasonably consider that persons may be exposed to serious and imminent danger (MHSWR 1999, Reg 14).
• A duty to notify your employer of any shortcomings in their protective arrangements for health and safety (provided they are not already aware) (MHSWR 1999, reg 14).
• A duty to cooperate with your employer so far as is reasonably necessary to enable your employer to perform and comply with their health and safety obligations (MHSWR 1999, reg 11). 
• A duty, where assigned by the employer the responsibility to make suitable and sufficient assessment of the risks to which employees are exposed at work or that arise out of or in connection to the conduct of the business (MHSWR 1999, reg 3).*
• A duty to record the significant findings of the assessment and any group identified as being especially at risk (MHSWR 1999, reg 3).* 
• A duty, assigned by the employer, to establish appropriate procedures in the event of serious and imminent danger (MHSWR 1999, reg 8).*

*These duties arise under the effect of HSWA 1974, section 36. Where commission by any person of any offence under any relevant statutory provision is due to the act or default of some other person, that person shall be guilty of the offence. 

What are the sanctions a risk assessor may face for a breach of one or more of the above provisions?  

Health and Safety at Work etc. Act 1974

• Unlimited fine and/or 6 months’ custody when tried summarily. 
• Unlimited fine and/or 2 years’ custody when tried on indictment. 

Gross negligence manslaughter contrary to common law

• Triable only on indictment
  
• Maximum: Life imprisonment
  
• Offence range: 1 – 18 years’ custody

Citation: Jacklin, D. 2021. What are the legal duties of a risk assessor? Water Incident Research Hub, 28 December.