Directors and senior managers have specific legal responsibilities relating to health and safety. In this article from Croner-i, we examine the legal background, explore recent cases where directors have received prison sentences for failing to comply with regulations and provide advice on responsibilities for those in leadership positions to consider for effective safety management.

As an employer you have a legal duty to protect the health, safety and welfare of employees and other people who might be affected by work activities, and you must do whatever is reasonably practicable to achieve this.

Who exactly is an “employer” in this context? The term encompasses all those who provide strategic leadership and direction in running the business. All directors and senior managers, company secretaries or similar officers are required to ensure that statutory duties are complied with.

In terms of the legal framework governing duties, s.37 of the Health and Safety at Work, etc Act 1974 (HSWA) essentially states that where a health and safety offence is proved to have been committed with the consent, connivance, or neglect of an employer, they will be guilty of that offence.

The Company Directors Disqualification Act 1986 also empowers courts to disqualify people from working at a director level if they have been convicted of an offence in connection with the management of a company. Magistrates’ courts can apply this disqualification for a maximum of five years and the Crown Court can disqualify for up to 15 years. Directors can also be personally liable to civil claims for negligence which causes personal injury or death.

Cautionary tales