IoD/HSC directors' duties guide good to go

News | HSW
26.11.2007

The Health and Safety Commission has approved the final draft of its joint guidance with the Institute of Directors (IoD) on board members' health and safety responsibilities. The guidance, Leading Health and Safety at Work - Actions for Directors and Board Members, is due for official launch on 29 October but the approved text is already available at www.hse.gov.uk/aboutus/hsc/meetings/2007/040907/c59a.pdf

The guidance, signed off by commissioners at their September meeting, summarises directors' legal liabilities for safety management and suggests ways they can "own" and understand health and safety by leading from the top, making sure they receive regular briefings and competent advice, and commissioning regular audits and reviews of safety performance. 

The guidance has no direct legal force, but boards who choose to ignore its directions could leave themselves vulnerable in the event of legal action. Section 8 of the forthcoming Corporate Manslaughter and Corporate Homicide Act, which takes effect next April, says juries considering whether there has been a gross breach of the law through organisational failings can "have regard to any health and safety guidance that relates to the alleged breach".

Patricia Peter, the IoD's head of governance and employment, said the HSC had confirmed to the institute that it would expect juries in such cases to look at whether an organisation's board had followed the directors' guidance.

The final text of the guidance shows few major changes to the draft used for a public consultation exercise in May, which drew 175 responses. The steering group, made up of representations of trade unions, safety bodies and the HSE as well as the IoD, agreed to increase the emphasis on leadership and added three case studies highlighting the penalties (fines and prison terms) for organisations and directors who neglected safety management.

"Any guidance is better than no guidance," said TUC general secretary Brendan Barber, "but all the evidence is that what we need to change boardroom culture is a statutory duty on directors." The HSC has not ruled out the possibility of formal legal health and safety duties and intends to return to the issue after the guidance and the corporate manslaughter legislation are bedded down.