Posted By Benedict Thierry Can anyone suggest reasons why it is the Companies Act that is to be amended rather than the HASWA or MHSW Regs or some similar item of H&S legistlation. Has H&S legistlation failed? Has H&S really not made it to the Board of Directors? Are certain (groups of) people really not taking their responsibilities to heart? I thought that under current H&S legist. everyone, including managers and directors, had equal responsibilities. To me the notion of employer/ employee is erroneous - there is work and people who work - irrespective of the nature of the work! When at work we all have obligations to comply with H&S legistlation. So has something failed to achieve its aim and what makes it felt that this amendement would be a preferred way to put right this failure in H&S compliance? I'm interested in reading your points of view(s). Benedict.

Posted By Sarah J Shaw Its been a long time since I looked at the Companies Act, but I would suspect there is a two fold reason for it being here and not H&S legislation. 1) The duties of directors are defined in the Act along with the penalties and therefore it would be logical to put this legislation in the same place. 2) Directors don't seem to read H&S Legislation, so you might as well put it somewhere they are likely to actually see it. Very cynical of me I know, but I have only met one director who could quote the HSWA. I have mixed feelings about the failings of the HSWA. Yes, Directors can be prosecuted under it, but the HSE's problem is showing that the Director was a "controlling mind" in committing the offence. In many companies the Directors are so remote from the coalface that they cannot be held accountable. (Try reading some of the train crash reports before privatisation). In bringing about this change through Company Law the Government is forging that link in law and therefore the Directors can be held liable even if they never set foot on a production line. (Some of ours don't as we are a US owned company). I would recommend a book by Tolley's on Corporate Killing that is very enlightening.

Posted By Benedict Thierry Sarah, Very useful. Thank-you. Perhaps then nothing to do with reinforcing or filling a gap in H&S legistlation. More a way of clarifying the current situation and clearly stating who is accountable and where responsibiltiy for H&S ultimately rests. A vehicle more than a means. A parliamentary response to case law that has demonstrated difficulty in cleary identifying who is responsible. OR Is this an extension of the scope of H&S or just an affirmation of inclusivity? "Corporate Killing" is this the actual book title?