This is a simplified question and answer section on what the employer's duties are in relation health and safety in the workplace.

Q. I have heard duties described as civil and criminal, are they the same?

A. Civil law and criminal law are not the same. You are most likely to come across a civil action should an employee be injured or develop illness related to work, when a claim for compensation may happen. Criminal law is when you have a legal duty to do something, or not to do something, and fail in that duty. The result can be prosecution with subsequent fines and/or imprisonment.

Q. Am I totally responsible for employees' safety when they are at work?

A. Not totally, many duties are qualified with the phrase, "so far as is reasonably practicable", which means there is a calculation to be made between how large the risks are and how much effort needs to be made to remove or reduce those risks. There is considerable case law which interprets many past cases and defines when employers are responsible for ensuring employee's safety, and when they are not.

Q. There seem to be numerous examples of very old Regulations where only bits and pieces are still in existence. Are they still in force and can I still be prosecuted for not complying with them?

A. Yes; the replacement of old laws is a slow process but 1996 and 1997 saw much old legislation replaced, and more will be removed in the immediate future.