Directors and their safety responsibilities

True in part

Whilst it’s true that legislation doesn’t exactly put a positive obligation on directors to consider the health and safety of their staff, the consequences of failing to do so can be extremely serious. In a small company, where it’s easier to identify who’s responsible for what, it’s a mistake for directors to assume that they’re untouchable, and that only the company will be on the receiving end of a claim. The recent prosecution of George Ruttle, who was a director of two limited companies, proves the point.

Avoidable accident?

George Ruttle (R) was a director of Ruttle Contracting Ltd (RC) and Chargot Ltd (C). The main contractor carrying out the work was RC and it hired workers through another company, C. On January 10, 2003, an employee of C was using an articulated vehicle to move soil around a site, when it overturned. Although the truck was fitted with seat belts and rollover protection, the employee was killed because he wasn’t wearing his belt. Had he been wearing it, he would probably have survived. Neither had he received any training or supervision on the work he was doing and nor had any risk assessment ever been carried out.

Paying the price

The Health and Safety Executive (HSE) prosecuted RC under s.3(1) of the Health and Safety at Work etc. Act 1974 for failing to ensure the safety of a non-employee, and C was prosecuted under s.2(1)for failing to ensure the safety of its employee. Both companies were fined almost £100,000 each. But worse was to come for R, who was fined £75,000 and ordered to pay costs of £103,500 for breaching s.37, by causing RC to commit the offence.

Tip. This employee died because no one in authority in the company, i.e. a director, had told him to do something which might seem like common sense; to wear a seatbelt. Accidents can occur at the best of times and neglecting to give your employees any guidance about how to carry out their job in a safe way because “it’s obvious” or “too much trouble” can lead to very heavy personal fines for directors if things go wrong.

Protect yourself

S.37 is used by the HSE to prosecute directors where the company commits an offence under the Act which is caused with “the consent or connivance on the part of a director”. So once the company’s been caught out, it’s then possible for a director to be prosecuted too.

Tip 1. As a bare minimum, ensure that a risk assessment is carried out. R hadn’t bothered to do this, which demonstrated a cavalier attitude towards health and safety. The Management of Health and Safety at Work Regulations 1999 require you to formally assess risks to employees whilst they’re at work and to implement any protective measures necessary to reduce any risks identified.

Tip 2. Make sure that at least one director is responsible for health and safety matters. Add it to the agenda of every board meeting.