New Guidance on Directors' Duties launched
The emphasis is firmly on leadership in new guidance for company directors and board members issued jointly by the Health and Safety Commission (HSC) and the Institute of Directors (IoD)
“Leading health and safety at work” was officially launched on 29 October 2007.
The new guidance which could be a relevant consideration for a jury “depending on the circumstances of the particular case” in relation to the new Corporate Manslaughter and Corporate Homicide Act, although not obligatory, provides long awaited guidance on achieving effective leadership and improving health and safety performance.
This is what health and safety leaders in both the public and private sectors have to say
- “Board level involvement is an essential part of the 21st century trading ethic. Attitudes to health and safety are determined by the bosses, not the organisation’s size”
- “Health and safety is integral to success. Board members who do not show leadership in this area are failing in their duty as directors and their moral duty, and are damaging their organisation”
- “An organisation will never be able to achieve the highest standards of health and safety management without the active involvement of directors. External stakeholders viewing the organisation will observe the lack of direction”
- “Health and safety is a fundamental part of business. Boards need someone with energy and passion to ensure it stays at the core of the organisation”
The guidance contains four action points, which are underpinned by the principles of strong and active leadership from the top, worker involvement and engagement, and regular assessment and review of risks and how they are being managed.
The four points are
- Plan the direction for health and safety
- Deliver health and safety
- Monitor health and safety
- Review health and safety
Further detail on the essential principles and the four action points is available at the dedicated HSE’s website ( www.hse.gov.uk/leadership )
The guidance provides a very useful health and safety checklist designed to check your status as a leader on health and safety. Addressing the issues raised in the checklist will help leaders to move forward with a better understanding of their company health and safety profile and current performance.
- How do you demonstrate the board’s commitment to health and safety?
- What do you do to ensure appropriate board level review of health and safety?
- What have you done to ensure your organisation, at all levels including the board, receives competent health and safety advice?
- How are you ensuring all staff, including the boar are sufficiently trained and competent in their health and safety responsibilities?
- How confident are you that your workforce, particularly safety representatives, are consulted properly on health and safety matters, and that their concerns are reaching the appropriate level including, as necessary, the board?
- What systems are in place to ensure your organisation’s risks are assessed, and that sensible control measures are established and maintained?
- How well do you know what is happening on the ground, and what audits or assessments are undertaken to inform you about what your organisation and contractors actually do?
- What information does the board receive regularly about health and safety – e.g. Performance data and reports on injuries and work related health?
- What targets have you set to improve health and safety and do you benchmark your performance against others in your sector or beyond?
- Where changes in working arrangements have significant implications for health and safety, how are these brought to the attention of the board?
What all employers need to know
- The new guidance does not place new duties on directors. The guidance sets out core actions and good practice for achieving top level leadership in, and direction of occupational health and safety risk management
- Click here for further details of specific training and consultancy available from Safety Nett (UK) Limited
- Frequently asked questions can be viewed on the dedicated HSE website http://www.hse.gov.uk/leadership/faqs.htm
- Further details on the essential principles and the four action points is available at the dedicated HSE’s website www.hse.gov.uk/leadership
- Click here for a review of the new Corporate Manslaughter and Homicide Act by Safety Nett (UK) Limited
Article by Paul Simpson, Managing Director, Safety Nett (UK) Limited
Any views given in this article represent the opinion of the author and should not be considered as a statutory interpretation of the law
The author welcomes any comments or observations in relation to this article.
Date of article: 17 Dec 2007
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