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Liability of staff Task

A number of staff who carry out duties connected with health and safety at work (eg VDU assessors, fire wardens, first aiders) have asked whether they could become personally liable if something goes wrong, or if someone claims they have been injured because of bad advice.
 
In fact, provided that the staff who carry out these important duties act in accordance with their training, in good faith and to the best of their abilities, they need not fear either criminal or civil liability.
 
So far as civil liability is concerned (eg being sued for damages by a member of staff who is injured etc), civil servants – just like any other employee – can technically be liable if in the course of their employment they carelessly cause injury or damage to another person. However, in these circumstances the Crown – like any other employers – is liable alongside the individual civil servant: this is called “vicarious liability”. Thus, it would be highly unusual for an individual civil servant to be sued, as anyone who had been injured would in fact sue the Crown (which, unlike an individual, is certain to have the money to pay damages if found liable). To put matters beyond doubt, individuals can also rely on section 12.2.2 of the Civil Service Management Code, which states that:

“Departments and agencies must provide legal representation for civil servants who are sued for damages as a result of actions carried out in the course of their employment. This representation will be by the solicitor acting for the Crown. Any damages and / or liability for the other side’s costs must also be met from public funds. This does not apply if:

  1. The department or agency consider that the civil servant was acting outside the scope of his or her employment; or
  2. The civil servant refuses to instruct the solicitor in terms required by the solicitor.”

Some provisions of health and safety legislation create criminal offences in connection with health and safety matters. Any civil servant can be criminally liable for interfering with equipment (eg damaging a fire extinguisher) provided in the interests of health, safety or welfare where they know that it is wrong to interfere but continue regardless. A civil servant carrying out health and safety duties in good faith should, however, have nothing to fear.