Rank: New forum user 
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In September I joined a small property consultancy working 3 days per week as a CDM co-ordinator and thusfar all my time has been engaged in this particular role.
My job title however is 'Director of Health and Safety' and the job description states .....This directorship does not involve in your being personally responsible for matters relating to the company. Your primary role and responsibility will be to manage work in respect of H&S and CDM ----------
-------- and take on some responsibility for overall H&S compliance of the company alongside 'Fred Bloggs' (the board director for risk management)
Would you agree that these two parts of the contract contradict one another? I'm not clear as to whether I am potentially responsible if something should happen to one of the employees?
Any clarification would be appreciated.
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Rank: Forum user
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The Corporate manslaughter Act does not apply to individuals, or even Board members. Although you may be referred to as a "Director" this is presumably a non-executive roles and not as a member of the Board. From what you describe there is a shared responsibility for compliance, but who might be responsible for what and if any offence had been committed would be determined by the provisions of the Health & Safety at Work Act and the facts at the time.
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Rank: Super forum user 
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Your thread is entitled "The Corporate Manslaughter etc Act 2007" although yuo don't subsequently refer to this in your post, but assume that you are concerned specifically about your 'responsibility' under that act. As Daniel has pointed out that particular act does not apply to individuals, although the commissioning of an offence under the act will need to be as the result of individual's or initials actions or inactions.
But if I could say, in the wider scheme of things, all of us involved in this work are responsible and have to be responsible for what we do. Similar to another thread recently, what I think you are actually asking is whether you could be accountable or liable. Again, as Daniel has already said, depending on the circumstances the answer is, I am afraid, 'YES'.
Welcome to the club!
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Rank: Super forum user 
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I agree that your job description and your job title are contradictory. Bearing in mind that in a Corporate Manslaughter case job descriptions and job titles are likely to be the main source for identifying whether a person is a senior manager pursuant to the Act.
As others have said, the CMA does not include individual liability. However, I would be more concerned of a prosecution under HSWA s37 than the CMA. There is of course still a possibility that an individual could be indicted for gross negligent manslaughter, but unlikely in most cases.
Ray
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Rank: Super forum user
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I am not so sure that the job title and the job description are contradictory as such. We have all seen some amazing job titles that in no way help describe the work that the job actually entails, so I am not as convinced as Raymond that the job title itself will necessarily hold a great deal of ’sway’, but the JD on the other hand would be crucial in determining the responsibilities attached to the job, and therefore quite possibly the accountabilities and liabilities .
But, surely the statement(s) “..This directorship does not involve in your being personally responsible for matters relating to the company. Your primary role and responsibility will be to manage work in respect of H&S and CDM ---------- ..” is contradictory, or at the very least a rather ‘odd’ way of looking at things!?
How on earth can the responsibilities attached to health and safety and ‘CDM’ NOT ‘relate’ to the company?
Answers on a postcard!
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Rank: New forum user
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Thank you all for the prompt advice.
Taking each point in order ...........
DANIEL: Yes, it is a non-executive role without boardroom responsibilities.
PHIL#1: I am concerned specifically about my responsibilities under the Act so yes, I am asking whether I could be accountable/liable.
RAY: Thank you for comments and advice.
PHIL#2: The statement re ............ Your primary role and responsibility will be to manage work in respect of H&S and CDM ---------- I interpret this to refer to the H&S responsibility of our clients under the CDM regs as oppossed to the H&S of my fellow employees within the company.
Thank you all again for your advice so far.
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Rank: Super forum user
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I think that a job title of 'Director of Health and Safety' would add some sway...just my opinion mind.
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