Bringing in an external health and safety consultant is a sensible move for many organisations — but it raises an important question: if you outsource your safety management, are you still legally responsible when something goes wrong? The short answer is yes. This guide explains why responsibility stays with you, what a consultant can and cannot do for you, and how the right training helps you manage safety with confidence.
When Should You Use a Health & Safety Consultant?
Health and safety consultants can be engaged in a variety of ways — writing a safety policy, carrying out risk assessments, or running annual reviews and audits. The size of your organisation, the number of employees you have, and your level of operational risk all feed into the decision to bring in external expertise. A small, low-risk office may need only occasional advice, while a larger or higher-risk operation may benefit from ongoing support.
Am I Still Responsible If I Use an External Consultant?
This is where confusion often creeps in. Common sense might suggest that if you outsource your workplace safety to external consultants, responsibility passes to them. In law, it does not. You remain responsible for your organisation’s health and safety even when you outsource the day-to-day work. Using a professional consultant means you are taking sound professional advice to keep your workers safe — and that advice can considerably reduce the risk of accidents and injury. If an incident does occur and you can demonstrate that appropriate, reasonable measures were in place, it is far less likely that you will be found at fault.
Building a Safe Working Environment
A professional safety consultant can assess your workplace and identify the safety requirements needed to keep workers free from the risk of injury. A safe working environment usually starts with a general safety assessment and a sound safety policy. Off the back of risk assessments, a consultant can help you implement safe systems of work and an effective health and safety management system — both essential to maintaining safety over the long term.
Managing Health & Safety Yourself
If you decide not to use the services of professional health and safety consultants, it is entirely possible to put your own safety measures in place and manage safety internally. The key questions are how much of your time it will take and whether you have the skills to do it effectively. Remember that failing to implement correct and appropriate preventative measures can leave you responsible in the event of an accident.
Getting the Right Training for the Responsible Person
If you take on the role yourself, you will need appropriate training to carry out risk assessments, write a health and safety policy, and put effective controls in place. There is a wide choice of health and safety training available, so it helps to match the course to your starting point.
For someone newer to the subject, the IOSH Managing Safely course is an excellent introduction to risk assessment and the essentials of workplace safety. For a more in-depth qualification, the NEBOSH National General Certificate is one of the UK’s most highly regarded occupational health and safety qualifications. Many people take IOSH Managing Safely first to build a foundation before progressing to NEBOSH.
A Note on Your Health & Safety Policy
If your organisation employs five or more people, you are required to have a written health and safety policy. All organisations need a policy, but the written requirement applies specifically once you reach five employees, and it should be accessible to all workers whenever they wish to see it.
Frequently Asked Questions
If I hire a health and safety consultant, am I still legally responsible?
Yes. Legal responsibility for health and safety stays with the employer. A consultant provides expert advice and support, but you cannot transfer your legal duty of care to them.
What qualification should the responsible person hold?
It depends on your level of risk and existing knowledge. IOSH Managing Safely suits those new to the role, while the NEBOSH National General Certificate provides a deeper, widely respected qualification for those taking on significant responsibility.
When does my business legally need a written safety policy?
Once you employ five or more people, you must have a written health and safety policy that is available to all staff.