Enforcement data suggest that, perhaps due to a combination of legislative and policy factors, those at the top of organisations are now coming under increased scrutiny for health and safety failures. In light of this evidence, Lee Hughes considers whether the time is right for positive directors’ duties to be introduced.
HSE figures provided in response to recent Freedom of Information (FoI) requests show an increase over the past few years in prosecutions of senior managers and directors under section 37 of the HSWA 1974, and a corresponding decrease in prosecutions of employees under section 7 of the same Act.1,2
In response to an article in€
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What the author has omitted from the article is that the vast majority of prosecutions of directors involves small firms and in particular ‘one man bands’. Directors of large corporations are insulated by the ‘corporate veil.’ Hence the main problem with explicit duties for directors is that smaller companies will ignore the new duties just as they do h&s laws.
It could also be argued there is adequate sanctions at present (ie s37 and disqualification) but they are used too infrequently.