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
RKC7  
#1 Posted : 11 November 2024 13:44:34(UTC)
Rank: New forum user
RKC7

Hi All,

I work for a large electrical company who have several sites internationally, my current position is an SHE (SafetyHealthEnvironment) Group Manager but have been advised due to a recent restructure my title will be SHE Group Director. My question is with regards to legality and possible prosecutions, especially in other sites in Europe, South/North America, under HSE law does a Director hold any more responsibility than a manager within the UK and others? or am I getting this confused with a Managing Director. Or does this entirely come down to what is written within one's job description?

I understand pretty much anyone can be held responsible if they were found to be a direct cause of an accident i.e. through gross negligence

My concern is if there is an accident overseas, can I be held responsible while fulfilling this role, or will this come down to the local MD? I am not sure regarding the legality, I am just careful with this new wording.

Any thoughts or comments would be very helpful!

Thanks

Roundtuit  
#2 Posted : 11 November 2024 14:04:38(UTC)
Rank: Super forum user
Roundtuit

You need to clarify with your Human Resources team if the new appointment includes being a member of the board of the company.

If you are being elevated to board level then there is additional training you will require so as not to fall foul of national and international legislation - your area of concern.

It is more than likely merely a title of convenience - I work with a lot of colleagues who have Director in their job title none of whom are company board members (most are excuse for being on a different salalry and company car grade compared to others within their team).

thanks 4 users thanked Roundtuit for this useful post.
RKC7 on 11/11/2024(UTC), peter gotch on 12/11/2024(UTC), RKC7 on 11/11/2024(UTC), peter gotch on 12/11/2024(UTC)
Roundtuit  
#3 Posted : 11 November 2024 14:04:38(UTC)
Rank: Super forum user
Roundtuit

You need to clarify with your Human Resources team if the new appointment includes being a member of the board of the company.

If you are being elevated to board level then there is additional training you will require so as not to fall foul of national and international legislation - your area of concern.

It is more than likely merely a title of convenience - I work with a lot of colleagues who have Director in their job title none of whom are company board members (most are excuse for being on a different salalry and company car grade compared to others within their team).

thanks 4 users thanked Roundtuit for this useful post.
RKC7 on 11/11/2024(UTC), peter gotch on 12/11/2024(UTC), RKC7 on 11/11/2024(UTC), peter gotch on 12/11/2024(UTC)
RKC7  
#4 Posted : 11 November 2024 14:09:45(UTC)
Rank: New forum user
RKC7

Thank you Roundtuit, no I am not on the board.

This clears up things for me a lot more. I guess a lot of it is what organisations decide to label titles?

I wasn't sure how much can be held to a job descriptions wording, such as if an accident occured. Or regardless the enforcing/investigating body go straight to the board level

thanks

A Kurdziel  
#5 Posted : 11 November 2024 14:25:35(UTC)
Rank: Super forum user
A Kurdziel

UK H& law does not apply to activities overseas. So, if something was to happen to an employee out there then the powers that be will apply local laws. Depending on how the laws are structured this might mean they they( the overseas H&S enforcers) might want to have a word with you about how you  run the company’s H&S they might even want to prosecute  you. In some places it looks like it is assumed that all accidents are the fault of the H&S bod, not the organisation as a whole i.e they are a scapegoat. Of course  they (H&S enforcers) can’t make you go over  there unless they extradite you and that requires that they prove that they have a prima facie case against you and that you would be similarly prosecuted in the UK for the same offence.  They cannot summon you as a witness.

So basically the change in title is as far as the law is concerned just window dressing.

peter gotch  
#6 Posted : 12 November 2024 11:39:43(UTC)
Rank: Super forum user
peter gotch

Hi RKC

Both your responsibilities and potential liability are going to largely come down to what your job function extends to, whether explicitly (what it says on e.g. a statement of your job description or in H&S policy and procedures) or implicitly (what is done in practice, that might extend over and beyond what is explicit).

If as example the organisation's statement of health and safety policy and/or documents setting out how that policy is put into effect says that:

"1. The Managing Director doesn't need to worry about H&S as the Group SHE Director does this for them.

2. The SHE Director shall do A, B, C and all the rest through to Z"....

...then you might well have a problem, and a larger problem if the MD doesn't give you control over the resources necessary to do what it says in 2. above.

OK, I have exaggerated a little, but I have seen organisations with documentation not dissimilar to this model.

thanks 1 user thanked peter gotch for this useful post.
A Kurdziel on 13/11/2024(UTC)
gripbagels  
#7 Posted : 13 November 2024 08:08:21(UTC)
Rank: New forum user
gripbagels

When transitioning from a "manager" to "director" title in SHE roles, there can indeed be legal implications, particularly under UK law and other jurisdictions. Generally, in the UK, directors—especially those with specific safety, health, and environment responsibilities—are subject to higher scrutiny. The Health and Safety at Work Act and related legislation may hold directors more accountable if it's shown they neglected their duties. However, responsibility often depends on the specifics of your job description rather than title alone.

In other countries, like the US and parts of Europe, responsibility might lie primarily with the local Managing Director, though you could be scrutinized if policies or standards were neglected on an international level. It’s advisable to clarify in your job description whether you're operationally responsible at each site or if oversight falls to local leadership, especially regarding legal accountability.

Seeking tailored advice from a legal expert on cross-jurisdictional responsibilities could be beneficial.

Roundtuit  
#8 Posted : 14 November 2024 08:14:17(UTC)
Rank: Super forum user
Roundtuit

and there's the addition of a www link to a gaming site - gripbagels REPORTED

thanks 4 users thanked Roundtuit for this useful post.
A Kurdziel on 14/11/2024(UTC), peter gotch on 14/11/2024(UTC), A Kurdziel on 14/11/2024(UTC), peter gotch on 14/11/2024(UTC)
Roundtuit  
#9 Posted : 14 November 2024 08:14:17(UTC)
Rank: Super forum user
Roundtuit

and there's the addition of a www link to a gaming site - gripbagels REPORTED

thanks 4 users thanked Roundtuit for this useful post.
A Kurdziel on 14/11/2024(UTC), peter gotch on 14/11/2024(UTC), A Kurdziel on 14/11/2024(UTC), peter gotch on 14/11/2024(UTC)
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.