Government urged not to impose new legal directors' duties

A business group is urging government to resist pressure for new legal duties on directors after a new survey suggested that, despite the recession, company boards are taking a more hands-on approach and spending more time on health and safety.

The survey of nearly 400 companies, conducted by EEF the manufacturers’ organisation, revealed there has been a major increase in board engagement in managing health and safety risks over the last three years. According to EEF, their survey proves the proposed new laws are unnecessary and may be counter productive.

The survey found that:

• 81% of boards discuss health and safety as a regular item, compared with 58% in 2006.
• 73% of boards set and monitor targets for health and safety, compared to 53% in 2006
• 91% identify the health and safety responsibilities of senior managers in their health and safety policy, compared to 77% in 2006.
• 80% of companies are spending more time on health and safety than they were in 2006.

The most common requests for further advice and support were: help with benchmarking performance (54%), help with setting and monitoring meaningful targets (45%), health and safety training for senior managers (41%).

Steve Pointer, Head of Health & Safety Policy at EEF, said: “Leadership of health and safety is extremely important. Our survey confirms that there has been a sea change in director involvement – active leadership is now very definitely the norm, not the exception.

“Recent legal changes, insurance considerations and a campaign by HSE and other organisations have all played a part in that improvement. With the effect of those legal changes still feeding through the system it makes no sense to introduce a new law now. We urge HSE to stick with the current approach and are keen to continue lending our active support.”

Steve Pointer said he fears that further statutory duties that would simply lead to a 'box ticking' mentality aimed at protecting board members instead of protecting employees.

The HSE will soon decide on whether to propose new duties on directors, a recommendation also made in Rita Donaghy’s report on construction deaths. Earlier this month, Aberdeen North MP, Frank Doran, presented his Health and Safety (Company Director Liability) Bill in a House of Commons debate. It calls for new legally binding safety duties on company directors.