Managers’ Health and Safety Liability
With the implementation of the Corporate Manslaughter Act and the enforcing authority’s focus on H&S management, a number of calls have been received by Croner’s Health, Safety and Environment Helpline asking the question: “Does having ‘manager’ in a job title infer personal health and safety liabilities?” Health, Safety and Environment Advisor Mubin Chowdhury discusses.
The role of directors, managers, employees and other individuals can be considered in criminal investigations by the Health and Safety Executive (HSE) and other enforcement authorities. It depends on factors such as the presence of evidence which provides a realistic prospect of conviction (known as the evidential stage) and the public interest. So it is important to understand some of the legislation, factors and principles that govern the prosecution of individuals.