Director prosecutions on the rise: Advice on staying protected
Sobering data shows that, in the year to March 2016, 46 company directors and managers were prosecuted for health and safety offences – more than triple the previous year’s total of 15 prosecutions.
The majority of prosecutions followed the death or injury of an employee and many were in the construction sector. Of those prosecuted, 34 were found guilty and 12 received prison sentences, the longest of which was two years. The data was obtained by law firm Clyde & Co using the Freedom of Information Act.
Although the number of prosecutions is still relatively small, it gives a clear indication that the HSE is increasingly looking to target company directors and hold them to account for health and safety failings – and the number of prosecutions is likely to increase in the future.
So how can company directors protect themselves from being prosecuted for health and safety failings? The first step is to get advice and guidance from a competent health and safety adviser over the structure and content of the company’s health and safety policy and associated arrangements. The person who signs these documents must fully understand what they’re committing to, and having clear, concise and understandable documents that reflect the correct method of doing things is a big part of this. A health and safety adviser, such as a member of the team here at Aegis, can help in achieving this.
The second piece of advice from Aegis is to ensure that appropriate levels of supervision are in place, and do not accept non-compliance within your rules. If the worst happens the HSE is more likely to target those in charge than those guilty of not following safe systems at work.
For more information on this issue, speak to one of our team on 01772 736522 or email admin@aegis-services-ltd.co.uk