Directors' accountability

Article Abstract:

The UK Health and Safety Executive (HSE) has made clear its intention to prosecute company directors, particularly in cases where their failure to protect their workers has led to injury. The HSE prosecuted 7,916 employers between 1992 and 1998, but most prosecutions were laid against companies rather than directors or managers. During the period, just 124 company officials were prosecuted. The main problem is the absence of legal duties upon directors and reform is needed to ensure that the HSE can prosecute directors whenever a company has committed an offence.

Corporate directors, Employer liability

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Should the Health & Safety Executive go by the Environment Agency's book?

Article Abstract:

Effective use of prosecution legislation by the UK Environment Agency should be used as a role model by the UK Health & Safety Executive (HSE), which is failing to perform its duties relating to workplace prosecutions. Findings of a report into levels of prosecutions carried out by the HSE show only 20% of deaths occuring in the workplace were investigated between 1996 and 1998. This low level of investigation is a serious handicap to the effectiveness of the HSE, whereas the Environment Agency uses a strict code of conduct to decide on prosecution levels.

Column, Criminal justice, Administration of, Administration of criminal justice, United Kingdom. Environment Agency

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Taking chances

Article Abstract:

The 1974 Health and Safety at Work Act of 1974 controls the powers of the Health and Safety Executive (HSE). The Robens report that led to the Act also influences the HSE's philosophy, so the report itself should be examined by critics of the HSE. The report argues that accidents often do not have a clear cut cause, so there should be a limited role for criminal prosecutions, and this view could be criticised. The HSE has instead sought to emphasize prevention. There is a need to reassess the philosophy of the report, and for reforms to the Act.

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