Some years ago this phrase was used by a well known sportswear manufacturer as part of its advertising campaign.  It gained some use in industry, implying a "get up and go" approach but shouldn't feature in safety matters. A recent prosecution, following a workplace fatality clearly illustrates this point.

Whilst employees have valuable knowledge about how jobs must be done, and often intuitively know about health and safety they should not be left to their own devices.  Employers employ and managers manage.  And it is the employer who carries the legal responsibility for ensuring safety systems and approaches are devised and used. 

A Lincolnshire firm decide to expand its core business of the manufacture of wooden telegraph poles by supplying metal poles. The wooden poles were shipped on flat bed vehicles with the poles restrained by vertical pins or posts along the edge of the load area.

A vehicle was loaded with metal poles that were banded together in packs with strapping.  Due to the lighter weight of the metal poles the load exceeded the height of the pins.  The driver was concerned that the height of the load was such that it would catch on low bridges.  He climbed onto the load and cut the strapping on one of the packs.  But because the load was higher than the pins the poles shifted resulting in him falling 4.5ms to the ground, receiving fatal head injuries.

The firm had not carried out a risk assessment on any aspect of the new product in particular the loading of vehicles with the metal poles.  They had left their employees to devise their own system.  In mitigation the firm said that it had placed an absolute prohibition on work at height but had not foreseen the incident.

The court was not swayed by this argument and found them guilty of failing to manage the introduction of new systems of work (reg 5(1) of the Management Regulations) and of failing to carry out a risk assessment (reg 3(1) of the same Regulations).  The firm was fined £120,000 plus costs.

It is clear that management must manage the introduction of new systems of work.  The possible hazards and risks must be considered and risk assessments must be carried out to scope the risks and identify safe methods of work.  It is not acceptable to let employees get on with the job, finding their own way of working.  Even if the employees have knowledge of health and safety, even if they have been involved in risk assessments they must not be left to their devices.  The buck stops with the employer - they carry the ultimate responsibility.