HEALTH AND SAFETY REQUIREMENTS FOR EMPLOYERS DEALING WITH FIREARMS IN THE UK

As businesses in the shooting sector navigate increasingly complex regulatory demands, the legal team at Brabners outlines what UK employers need to know about health and safety responsibilities when working with firearms, highlighting key legislation, risk management practices, and the serious consequences of non-compliance.

All employers in the UK have duties with regard to the health and safety of their employees and the wider public. Such duties are found within legislation such as the Health and Safety at Work etc. Act 1974 and regulations enacted pursuant to the same such as the Management of Health and Safety at Work Regulations 1999. The Health and Safety Executive (HSE) is the relevant enforcing authority where shooting is an extension of the primary activity of agriculture and isn’t run as a separate business entity, and local authorities are responsible for enforcement on ranges, clay pigeon shooting, and game shoots.

Specific guidance is also provided by HSE in the form of AIS43 but this relates to general use of firearms and is intended for employers and individuals whose work involves the use of rifles and shotguns, such as gamekeepers and farmers.

Further to Home Office circular 031/2006 ranges which were historically inspected by the military became the sole responsibility of the operators. Scheme such as those operated by the NRA and NSRA remain available and of course there are rules to be followed in relation to club memberships.

MAKING SURE THE CORRECT POLICIES ARE IN PLACE

Under the Health and Safety at Work Act 1974, those who employ others or conduct any form of undertaking involving firearms must take all reasonably practicable steps to prevent risk to others.

In this sense, an ‘undertaking’ does not necessarily need to involve employment or commercial gain. The duty may extend to a wide range of individuals, including farm staff, gamekeepers, beaters, drivers, guests, volunteers and members of the public.

Employers must ensure they have adequate health and safety measures in place particularly when dealing with firearms in view of the potential consequences of an accident. Measures should be put in place so to ensure that policies are regularly reviewed, amended and updated in order to reflect changes in practices and procedures as well as developments in legislation or guidance.

PROVIDING H&S TRAINING

It is important that sufficient health and safety training is provided to employees and is regularly refreshed. It is a legal requirement that employees in a business understand their health and safety management system, alongside their own responsibilities to one another. It is also exemplified in the case studies above that instructors who provide specific training must be able to demonstrate sufficient competence to undertake this responsibility.

The quality of the training sets an example to employees on how seriously health and safety precautions must be taken. Such training must be conducted with strict safety controls, especially when dealing with scenario-based exercises.

PREPARING RISK ASSESSMENTS AND AUDITS

The exposure of risk on employers when operating with firearms should not be understated. Regular audits and spot checks should be conducted to ensure any potential risks are identified at an early stage, to allow the correct systems and measures to be put into place to mitigate such risk.

Employers should monitor and review assessments following changes to procedures or policies to ensure they are working correctly or in the unfortunate event that an incident occurs.

CONSEQUENCES OF NON-COMPLIANCE

With this in mind, employers must appreciate that a failure to maintain and comply with legal duties in respect of health and safety could

lead to breaches of legislation. Employers should remember that prosecutions in this area of law are taken because of a failure to manage risk – there need be no accident or injury.

Regulators has the power to serve organisations with informal advice, an ‘improvement notice’ (requiring you to take particular actions by a certain date) or ‘prohibition notice’ (prohibiting you from undertaking a particular activity for a defined time period) or undertaking a more thorough investigation and/or prosecuting the organisation. Receiving a prohibition notice would most likely disrupt your businesses operations, reducing productivity, therefore potentially leading to financial losses, reputational damage, and strained relationships with clients and stakeholders. It may also necessitate urgent corrective actions, all of which can divert resources and attention from core business activities.

Failure to comply with an improvement or prohibition notice is a separate offence for which an organisation can be prosecuted. Due to health and safety offences being of a criminal nature, a successful conviction as a result of non-compliance will lead to a company having a criminal record and fines imposed, which could potentially be unlimited. This could subsequently lead to irreparable reputational damage and the risk of your business being shut down.

In April this year, QinetiQ Limited was fined £800,000 for breaching Section 2(1) of the Health and Safety at Work Act (“The Act”). This was due to an incident that occurred in March 2021 at the Ministry of Defence Ranges in Pendine, whereby a man was shot from a bullet fired during a NATO ammunition quality assurance trial. The now 42-yearold employee was left paralysed below the

shoulders after moving to inspect the bullet impact on a target and being shot whilst standing in front of the target.

HSE Principal Specialist Inspector Stuart Charles said of the employee: “His life and those of his wife and two children have been devastated by the severe injuries he has suffered. Simple and inexpensive steps could have been taken which would have prevented this incident. This case shows employers the importance of continually assessing the way they work and not just accepting historical practices.”

WHAT QINETIQ’S FINE MEANS FOR RISK-HEAVY EMPLOYMENT AREAS?

Following the recent fine imposed on QinetiQ Limited for breach of their duties found under health and safety laws, a business working in a high-risk area of employment should take this as a stark reminder of the serious consequences of non-compliance. The incident underscores the importance of rigorous safety protocols, thorough risk assessments, and continuous training.

Employers must ensure that all activities involving firearms or other hazardous operations are conducted under strict safety controls, with clear accountability and oversight. Failure to do so not only endanger lives but can also lead to substantial financial penalties, reputational damage, and potential criminal liability.

This QinetiQ case highlights the regulator’s willingness to pursue enforcement action where there is evidence of failure to protect employees and others from harm.

IMAGE: SHUTTERSTOCK - NATTAWIT KHOMSANIT