Directors and Business Leaders Responsibilities for Workplace Health & Safety

Health and safety law places strict duties on directors, board members, and business owners.

Investigations and prosecutions by regulators such as the Health and Safety Executive (HSE) can lead to significant fines, reputational damage, and even personal liability. As experienced defence solicitors, we help businesses and leaders navigate these challenges, protecting both your legal position and your reputation.

Employers Duties

• Ensure health safety and welfare at work – to provide safe systems of work, safe equipment and a safe working environment
• Assess and manage risks – identify hazards, evaluate the associated risks and implement proportionate controls
• Provide training and supervision for employees
• Maintain consistent compliance with regulations – follow the specific rules and guidance on topics such as fire safety, manual handling, use of hazardous substances, working at a height, machinery safety and more
• Demonstrate due diligence – show that the directors are active in health and safety business decisions and are taking steps to prevent harm

Why Leadership Matters

• Legal duty: Directors and leaders are legally required to ensure health, safety, and welfare at work.
• Reputation: Strong safety leadership demonstrates responsibility to customers, investors, and regulators.
• Risk management: Good governance prevents accidents and reduces exposure to prosecution.

Risks of Non-Compliance

• Unlimited fines against the company
• Personal fines or imprisonment for directors
• Disqualification from acting as a company director
• Corporate manslaughter charges in the event of fatalities
• Reputational harm and loss of business

Practical Steps for Directors and Boards

• Make health and safety a standing board agenda item.
• Appoint a board-level safety champion to oversee strategy and compliance.
• Regularly review risk assessments and incident data.
• Allocate resources for training, equipment, and competent safety advice.
• Lead by example, demonstrating visible commitment to safe working practices.
• Promote open reporting of near misses and incidents to foster a learning culture

Even with strong systems in place, accidents can still happen, and companies may face investigation or prosecution by regulators such as the Health and Safety Executive.

How Can We Help

We can provide expert legal support and advice at every stage of an investigation or prosecution.

• Immediate advice after incidence to protect your position from the very start
• Representation during HSE or police interviews under caution
• Building a strong defence: reviewing compliance, policies and evidence
• Negotiation with regulators to seek reduced penalties or alternative outcomes
• Assistance with any court proceedings

Take Action Today

If there has been an incident or your company is under investigation, contact our Commercial Litigation team today. Whilst prevention is always better than cure, early advice can protect your reputation and secure the best possible outcome.

Contact our team here, or call 0800 088 6004 for a free initial consultation.