The new guidance designed to help directors understand their health and safety obligations, published by the Health and Safety Commission (HSC) and the Institute of Directors (IoD), may cause more harm than good, warns law firm DWF.
According to the law firm, the guidance, which covers not only companies but also schools, charities and hospitals and aims to help prevent avoidable deaths, could potentially be used as evidence against them in inspections or prosecutions.
In addition, Steffan Groch, health and safety partner at the DWF, has said the guidance, although “voluntary”, will be viewed as a legal document by Health & Safety Executive (HSE) inspectors meaning that directors who fail to follow the recommendations could face prosecution.
The guidance makes it clear that there must be strong and active commitment to health and safety from the top. Directors are expected to engage the workforce in the promoting safer working conditions and also ensure that they identify, manage and review risks on a regular basis. But DWF is advising directors to read and follow the guidance as if it is compulsory.
“Where responsibilities are delegated, there must be proper reporting and those responsible should be held to account,” said Groch. “The board should receive regular information about health and safety and conduct a full review at least once a year. Directors should also look at key suppliers and others whose performance could adversely affect the company.”
The publication of the guidance also comes in the run-up to the introduction of the new Corporate Manslaughter Act, due to be published in April 2008. Groch warns that the conduct of senior management is a key element of the new offence and a court in assessing the evidence may consider the directors’ guidance relevant. “It has been made clear that the guidance will be regarded as a legal document by HSE inspectors in inspection and enforcement activities,” he added. “Although the guidance is not a new law in itself, breach of it can be used as evidence in criminal proceedings under the existing legislation.”
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