Terms and conditions for a health and safety consultant

A safety consultant advises an employer whose duties cannot be delegated, on sites the consultant visits occasionally, about hazards the employer's staff deal with every day. The terms have to say that the duties stay with the employer, that an audit reports what was seen on the day, that recommendations are the client's to act on, and that documents are only as good as the information behind them. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Health and safety consultants, outsourced competent person services and safety auditors in England and Wales working for employers on retainers, audits, risk assessments, method statements and training, as a sole practitioner or a firm. These are business-client terms.

What matters in health and safety consultancy terms

The employer's duties stay with the employer

Under the Health and Safety at Work etc. Act 1974 the employer is responsible for the health and safety of its employees and others affected by its work, and the terms should say that the consultant assists the employer to meet those duties but does not take them on, that appointing the consultant as a source of competent advice under regulation 7 of the Management of Health and Safety at Work Regulations 1999 does not transfer responsibility, and that the client remains responsible for implementing advice and for the day-to-day management of safety on its sites.

Audits, inspections and the snapshot

An audit or inspection reports on what the consultant saw and was told on the day, in the areas accessed, and the terms should say so: it is not a guarantee that no hazard exists, and conditions change the moment the consultant leaves. The terms should record the areas not inspected and the information relied on, and say that follow-up visits are separate engagements.

Documents prepared on the client's information

Risk assessments, method statements, policies and safe systems of work are prepared on the client's description of its activities, and the terms should say that the client is responsible for the accuracy and completeness of that information, for reviewing the documents when activities change, and for communicating them to staff. A method statement for a job the consultant never saw is only as accurate as the description it was written from, and the terms should say who owns that risk.

Access, safety of the consultant and training

The client must give access, information and a safe environment for the consultant's visits, and the terms should require it. Training courses are a separate service with their own terms on numbers, cancellation and certificates. Under the Copyright, Designs and Patents Act 1988 the consultant's templates and course materials remain its own, with the client owning the documents delivered for its business on payment.

Fees, liability, insurance and data

Retainers are monthly in advance and projects at stated fees, with interest and fixed compensation on late payment under the Late Payment of Commercial Debts (Interest) Act 1998. Liability should be capped at a figure matching the consultant's professional indemnity insurance, with consequential loss and regulatory fines excluded, tested for reasonableness under the Unfair Contract Terms Act 1977; the cap cannot remove liability for death or personal injury caused by the consultant's own negligence. Accident and health information is processed under the UK GDPR and the Data Protection Act 2018 as the terms describe.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

There was an accident on a site we audited last month. Are we liable?

If the terms say the employer's duties remain the employer's, that an audit reports what was seen on the day, and that implementing recommendations is the client's responsibility, an accident afterwards is not a failure of the audit unless the audit itself was negligent. The cap applies to what remains.

The client wants us named as their 'competent person'. Should we agree?

The terms can provide for the consultant to be the client's source of competent advice, but they should say plainly that this does not transfer the employer's duties or make the consultant responsible for what happens on site. Price the retainer for the access and responsiveness that role needs.

A method statement we wrote turned out not to match how the job was done. Who is responsible?

If the terms say documents are prepared on the client's information and that the client is responsible for its accuracy and for following the documents, the client. The description you were given, and the document itself, are the evidence.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a fire risk assessor
• Terms and conditions for an HR consultant

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.