Health & Safety in the workplace involves two different branches of the law, civil and criminal, as well as both corporate and personal responsibility.

Sanctions for breaches of the requirements imposed by the Health and Safety at Work Act 1974 include unlimited fines and a maximum prison sentence of two years. Additionally, directors found guilty of an indictable offence under this Act can be disqualified from holding office as a director for up to 15 years.

Under the Corporate Manslaughter and Corporate Homicide Act 2007, an offence will be committed where failings by an organisation's senior management are a substantial element in any gross breach of the duty of care owed to the organisation's employees or members of the public, which results in death. Sentencing guidelines recommend fines in excess of £500,000 for companies found guilty of corporate manslaughter.

The Institute of Directors and the HSE (Health and Safety Executive) have issued joint guidance on leading health & safety at work. The top 10 leadership actions for Directors and Board members can be summarised as follows:-

  • Demonstrate the Board's commitment to health & safety;
  • Ensure appropriate board level review of health & safety;
  • Ensure your organisation receives competent health & safety advice;
  • Ensure all staff are sufficiently trained in their health & safety responsibilities;
  • Consult with your work force on health & safety matters;
  • Implement adequate risk assessment systems;
  • Conduct audits and assessments of the activities undertaken by your organisation and by its contractors;
  • Ensure the Board receives regular reports and data on health & safety issues;
  • Set targets to improve health & safety and benchmark your organisation's performance against that of others in your sector;
  • Keep the Board informed of changes in working practice which have significant implications for health & safety.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.