guidance for directors or board members on what they should be doing and what their responsibilities are under health and safety legislation?
its a criminal offence not to fulfil contractual obligations to prevent harm or injury
In conjunction with the Institute of Directors, HSE has published guidance for directors on their responsibilities for health and safety - 'Leading health and safety at work: leadership actions for directors and board members' (INDG417) [450KB] (PDF) . The guidance sets out good practice for directors, addressing them in language and style they will find authoritative and convincing, informing Boards and their members in the public, private and third sectors, as to how to provide leadership in health and safety so as to help their organisation meet its legal obligations as an employer under the Health and Safety at Work etc. Act 1974 and gain the business benefits arising from effective, sensible health and safety management.
It should be borne in mind that HSE is only one of the health and safety regulators that might produce relevant health and safety guidance. Organisations and companies can also seek guidance from any regulators in their own industry or sector.
What penalties will a company or organisation face?
Penalties will include unlimited fines, remedial orders and publicity orders. A remedial order will require a company or organisation to take steps to remedy any management failure that led to a death. The court can also impose an order requiring the company or organisation to publicise that it has been convicted of the offence, giving the details, the amount of any fine imposed and the terms of any remedial order made. The publicity order provisions will not come into force until the Sentencing Guidelines Council has completed its work on the relevant guidance.