14 February 2025
The Health and Safety at Work (Jersey) Law, 1989 (HSW Law) provides a framework for the protection of people at work and the public who may be affected by a work activity.
HSW Law has 2 enduring principles:
- those that create the risks are responsible for managing them
- action to control risks should be proportionate to the risks that need to be managed
Under HSW Law broad duties are placed on everyone at work, for example:
- employers
- workers
- the self-employed
- event organisers
- manufacturers
- suppliers
- fairground operators
Those with duties are known as ‘dutyholders’ and they have a legal responsibility to ensure the health and safety of employees and others who may be affected.
Some duties are absolute whilst others are subject to the qualification of ‘so far as is reasonably practicable’.
What is considered ‘reasonably practicable’
HSW Law is underpinned by more prescriptive regulations, Approved Codes of Practice (ACoPs, which is guidance with special legal status), guidance and industry standards which provide more detailed compliance requirements as to what is considered ‘reasonably practicable’ for businesses to implement to control risks.
We have local legislation and ACoPs produced to address local issues, but HSI would like to make it clear that guidance from the GB Health & Safety Executive and published industry standards apply in Jersey.
Self-regulation and active risk management
In placing duties on all parties at work HSW Law provides for a system of self-regulation with a framework for active risk management and mitigation that is proportionate to the risk. It encourages continuous review, improvement and innovation.
Overall, HSW Law creates a system of risk management whereby everyone in work plays a part to ensure the safety of workers and the public.
The role of the Inspectorate
HSI are not responsible for managing dutyholder risks. Our role is to provide regulatory oversight via advice and guidance to assist dutyholders in their management of risk.
We undertake proactive inspections to ‘sample’ how well risks are being managed and to encourage better risk management by dutyholders. Our sampling is focussed on the activities of highest risk.
We do not ‘audit’ the business or look at the full spectrum of work activities. Where we identify a failure to manage health and safety risks to employees or the public enforcement action may be taken.
Where there has been a serious incident, we investigate to establish the underlying causes and whether action is needed to prevent a recurrence. Where necessary we will hold a dutyholder criminally accountable if they are found to have significantly failed in their duties.
Further information
Health and Safety Inspectorate: who we are and what we do
Health and Safety Inspectorate (HSI) proactive inspection and investigations
gov.je