Recent developments in the health and safety field create more reasons than ever to consider health and safety, and its potential area of corporate risk.
HSE's current consultation on its new strategy for Health and Safety in Great Britain in the 21st century places organisational leadership on health and safety at the heart of the prevention of workplace death, injury and ill health. The recent Corporate Manslaughter and Corporate Homicide Act reinforces the critical contribution health and safety leadership can make to business success.
From January 2009 the maximum penalties available to the courts in respect of certain health and safety offences will change seeing fines increase and prison sentences more on the agenda.
Corporate Manslaughter And Corporate Homicide
If a fatal workplace accident occurs management will find itself under the microscope, facing close scrutiny of the management of the activity which led to the death. Indeed, the entire health and safety culture of the organisation will be closely examined, i.e. does management pay lip-service to health and safety law and good practice, or is a real sense of ownership and responsibility imbued at every level of the organisation from management right down to the shop floor?
Good organisations that take health and safety seriously have little to fear from the Act, but there is no room for complacency and health and safety leadership is a key element in your business's response to the introduction of this Act.
Health And Safety Leadership And The Role Of HR
The Institute of Directors and HSE has issued joint guidance on health and safety leadership. This sets out actions and good practice for board members.
Directors and senior managers must lead health and safety in their organisation utilising three essential principles:
- Strong and active leadership from the top;
- Worker involvement; and
- Assessment and review.
Like all business objectives, success in the implementation of health and safety leadership actions depends to a large degree on HR's role in delivering the right actions and behaviour from managers and colleagues. This is vital to the development and maintenance of a good health and safety culture. 'Joined up thinking' between HR and board members is essential, forming a crucial link between the board's desire to ensure that the organisation is not vulnerable to prosecution and HR's role in implementing the practical measure to achieve this. This includes considering whether managers are aware that failure to follow the business' health and safety rules should not be tolerated? Has all necessary training been identified and provided? Is the workforce involved and engaged?
Worker Involvement
The HSE has recently published guidance on the importance of worker involvement in successful implementation of health and safety in the workplace. Dialogue is fundamental to success; you and your employees should:
- Talk to one another;
- Listen to one another's concerns;
- Raise concerns and solve problems together;
- Seek and share views and information;
- Discuss issues in good time;
- Consider what everyone has to say; and
- Make decisions together.
Worker involvement does not have to be complicated and should be about trust, respect and joint problem solving. It also brings with it business benefits for the organisation, including improving performance, making your workplace healthier and safe and raising standards.
Conclusion
The key message is that although there is an increasing focus on health and safety and substantial corporate risk for organisations that flout the law, there is nothing to fear to good organisations that manage health and safety risk well
With leadership and worker involvement being cornerstones of the new HSE strategy this is the ideal time for HR to take the lead as the obvious link between directors and employees, driving up health and safety awareness, improving attitudes and fully involving colleagues, all vital elements of the right sore of health and safety culture.
Edward McHugh
Dundas & Wilson LLP
edward.mchugh@dundas-wilson.com
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.
