The duty rest with ‘responsible person’ under RIDDOR reg 3 This states that the responsible person:

• Usually for an employee, their employer
• For a reportable incident to a non-employee on work premises, the person in control of those premises
• in relation to a mine, the manager of that mine;
• in relation to a closed tip, the owner of the mine with which that tip is associated;
• in relation to a quarry, the operator of that quarry;

if it is a dangerous occurrence:

• at a pipeline, the operator of that pipeline; or
• at an (oil) well, the person appointed to organise and supervise the drilling of, that well under the Petroleum Act 1998.

If it is reportable illness at an offshore installation, the duty holder for the purposes of the Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995(2) (provided that for the purposes of this provision regulation 3(2)(c) of those Regulations is deemed not to apply); or in relation to a diving project, the diving contractor.  

Offenses under Health and Safety at Work Act are described under Section 33 and Section 36 describes the offense of causing someone else to breach H&S law and Section 37 is about directors and the like ‘conniving and consenting’ to a breach of H&S law.