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Directors' Duties
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Directors, Governors, Trustees and Board Members should look to new guidance from the Health and Safety Commission which sets out best practice. Its aim is to help Directors achieve top results in the leadership and direction of health and safety risk management in the workplace.
The guidance also gives clear guidance on the legal responsibilities of individual directors for ensuring the occupational health and safety of all those affected by work activities. The guidance isn't a legal obligation but following its suggestions will help to ensure your business is meeting its important health and safety legal obligations. "In considering the liability of an organisation under the Corporate Manslaughter and Corporate Homicide Act 2007, a jury must consider any breaches of health and safety legislation. In addition to other health and safety guidance, this guidance could therefore be a relevant consideration for a jury depending on the circumstances of the particular case." The guidance is relevant to Directors and their equivalents in private, public and third sector organisations and it applies to business of all sizes. If you're an SME, the guidance still applies, although the Health and Safety Executive has prepared extra guidance to help you out. The same goes for businesses in high-risk sectors. Named Directors such as CEOs have a particular role to play in managing the risks likely to affect health and safety in their organisation. If you occupy one of these key roles, lead by example and ensure that you send out clear messages regarding occupational health. This will, in turn, ensure that managers and all staff manage health and safety effectively, making life easier for everyone in the workplace. Judith Hackitt CBE, HSC Chair Institute of Directors said at the Launch of Directors' Guidance on 29 October 2007: "It is also planned that the guidance will be extensively used as a tool for inspectors: • when discussing with duty holders how they should demonstrate their leadership in their organisation • when examining the role of the board and board members in the investigation of incidents We have also issued further guidance to inspectors to clarify existing legal powers to enforce against directors and remind courts of their powers." Read the rest of her comments here And read the short guidance note "Leading Health and Safety at Work (INDG417): Institute of Directors and Health and Safety Commission".
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