Tier 2 Leaders role under the Health and Safety at Work Act (HSWA) 2015.

 

Webinar statement: Most Tier 2 leaders are not officers under the Health and Safety at Work Act (HSWA).

The GHSL isn’t comfortable with this statement, partly because a significant number of public sector organisations have no independent Board, with organisational governance conducted by executive/senior leadership teams. Defining Tier 2 public service leaders as officers is yet to be tested by the courts and in the absence of clarity in the Act itself, the following is the GHSL view, which has been tested with a number of specialists in this area:

 

Overview

In all cases, an assessment is needed of the intent of the  HSWA definition of an officer against the span of control, influence and autonomy of the individuals being considered. The intent is that governance sets the H&S direction for the organisation based on the risks identified and then assures itself that those are the appropriate risks and that they are being effectively managed (as far as is reasonably practical). Officers participating in health and safety governance must meet their individual due diligence obligations.

One widely recommended approach, if you may be an officer but are unsure, is to always act as if you are an officer. This means you will set the tone from the top and do the appropriate due diligence anyway.

 

Organisations without a Board:

The Chief Executive will be an officer.

Tier 2 leaders in the organisation, dependant on health and safety governance arrangements, are likely to be officers but there may be exceptions, where there is not a significant span of control, influence or autonomy.

It is unlikely that Tier 3 leaders will be officers but there may be exceptions, where the span of control, influence and autonomy are particularly significant.

Senior leaders with both management and governance responsibilities are recommended to separate their management responsibilities and their governance responsibilities according to the situation. In both circumstances, they have responsibility to ensure good health and safety.

Government Ministers are not officers.

 

Organisations with a Board:

All Directors on the Board participating in health and safety governance will be officers

The Chief Executive will be an officer.

Tier 2 leaders in the organisation are less likely to be officers but there will be exceptions, dependant on health and safety governance arrangements and where the span of their control, influence and autonomy are particularly significant.

Senior leaders with both management and governance responsibilities are recommended to separate their management responsibilities and their governance responsibilities according to the situation. In both circumstances, they have responsibility to ensure good health and safety.

In all cases, Government Ministers are not officers.