MPs 'not convinced' directors' safety guidance is enough

The cross-party Work and Pensions select committee said the Health and Safety Executive (HSE) should review the current approach after three years, and if the arrangements proved inadequate then a "statutory duty" on directors ought to be introduced.

Last October the Health and Safety Commission (HSC), together with the Institute of Directors (IoD), published new guidance on directors health and safety responsibilities. It suggested ways for directors to "own and understand health and safety by leading from the top."

However, as the select committee's report pointed out, there has been a long-standing debate about whether or not the UK should adopt statutory health and safety duties for individual company directors.

Various Parliamentary attempts, mainly by back-bench MPs, to introduce the necessary legislation have failed, with the Government arguing there was already an appropriate balance of legislative and voluntary responsibilities on directors.

While the HSC/IoD guidance has no direct legal force - as it is not an Approved Code of Practice - the HSE had told the Work and Pension's committee that directors ignoring the current mix of legislation, enforcement and voluntary guidance "could leave themselves vulnerable" in the event of legal action.

However, they were also told by union organisations and other groups that the "infrequent" prosecution of directors under the Health and Safety at Work Act - 33 in the past five years - together with no use of powers to disqualify directors following convictions, meant that the current approach "had not worked".

Alternative penalties

The report concluded: "Given that the UK has operated a voluntary approach since the introduction of the Health and Safety at Work Act in 1974, we are not convinced that the introduction of new guidance for directors on health and safety is sufficient to ensure board-level prioritisation of health and safety issues."

It recommended that the HSE measured the success of the current arrangements, and that if they proved "inadequate" then the committee said it was "convinced by evidence that the introduction of statutory duties... would have a significant impact".

The committee of MPs also said legislation was required to increase the maximum penalties available to the courts for breaches of health and safety law. In addition it called for the introduction of alternative penalties, such as corporate probation, 'naming and shaming' orders and publicity orders.

The committee's report, which examined a range of other issues relevant to the UK's health and safety regime, can be viewed in full here.

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