The sentencing guidelines for health and safety cases include high penalties for those who fail to comply with health and safety law. So, what do organisations’ senior managers need to do to avoid prosecution for themselves and their businesses? This article from Croner-i sets out essential background information and advice on implementing good practice along with highlighting some cases of prosecutions against those failing to do so.
 

Do managers have a personal responsibility to ensure good health and safety practices?

Yes, senior management teams play a key role in ensuring their businesses maintain good health and safety practices and avoid prosecution. Critically, there are two key legal instruments which allow for the personal prosecution — and potential prison sentences or large fines — for the failures of senior managers.

• The Health and Safety at Work, etc Act 1974 (HSWA) specifically places duties on senior leaders. If a health and safety offence is due to the “consent, connivance or neglect” of senior staff members, they can be prosecuted personally.
• The Corporate Manslaughter and Homicide Act 2007, which places duties on senior management, applies to the way an organisation is managed or organised by “senior management” with breaches inviting large fines.