Welcome Guest! The IOSH forums are a free resource to both members and non-members. Login or register to use them

Postings made by forum users are personal opinions. IOSH is not responsible for the content or accuracy of any of the information contained in forum postings. Please carefully consider any advice you receive.

Notification

Icon
Error

Options
Go to last post Go to first unread
smiler  
#1 Posted : 07 December 2017 15:42:10(UTC)
Rank: New forum user
smiler

Hi All

First post, but regular viewer

I work for a Director, who i have recently found out is not registered at Companies house as a Director of the business. He is actively involved in the safety of his area, so no question about his commitment, however he has asked me a question.

Were the business to be prosecuted would he be personally liable or would the liability be with the Director who has the Safety responsibilty and is recorded as a director of the business.

Sorry if i have not phrased that very well but hope you get the gist

A Kurdziel  
#2 Posted : 07 December 2017 16:03:31(UTC)
Rank: Super forum user
A Kurdziel

In most cases the responsibility for applying H&S duties lies with the “employer” that is the company. If the company is a small one man band without limited liability then they will as the embodiment of the company would be personally liable but in most cases the company and directors are treated separately. The directors specific responsibilities lie under Section 37 of Health and Safety at Work Act where they are liable for any breaches of H&S by the company if they “connived and consented” to those breaches. Whether they are registered as directors with Company’s House is not relevant but the degree of control they exercise over the business is the key fact in determining their liability.

achrn  
#3 Posted : 08 December 2017 12:27:43(UTC)
Rank: Super forum user
achrn

Directors are not the only individuals that HSE will prosecute.  S37 of the HSWA act actually says "director, manager, secretary or other similar office holder", so not being a director doesn't protect managers.

Accordingly, if the person is in charge of an area or a function (and I think the test is whether they are actually in charge, rather than what their job title suggests) they are at risk of prosectution, whether Companies House think they are a director or not.

See http://www.hse.gov.uk/foi/internalops/ocs/100-199/130_8.htm (this is HSE's own internal guidance)

Users browsing this topic
You cannot post new topics in this forum.
You cannot reply to topics in this forum.
You cannot delete your posts in this forum.
You cannot edit your posts in this forum.
You cannot create polls in this forum.
You cannot vote in polls in this forum.