The state of the health and safety culture

By LBV

15 May 2012

Surprising figures released recently may provide a clearer indication of things to come for directors and senior managers. Speaking recently, David Cameron pledged to help small businesses cope with “the great big machine of health and safety that has built up over the years” and free them from the “stranglehold” of red tape it has created. The impression is a future with fewer rules and regulations and less burdensome bureaucracy.

But as Professor Ragnar Lofstedt – commissioned by the Department for Work and Pensions to carry out a review of health and safety legislation – points out, “the problem lies less with the regulations themselves and more with the way they are interpreted and applied”.

“The scope for changing health and safety regulation is severely limited by the requirement to implement EU law,” he says, adding that “many of the requirements that originate from the EU would probably exist anyway, and many are contributing to improved health and safety outcomes.” In terms of regulatory requirements, it’s unlikely that most business leaders will end up feeling as liberated as the Prime Minister would have us believe and unofficial figures obtained by Manchester solicitor Lee Hughes provide a check.

In answer to Mr Hughes’s freedom of information request, the Health & Safety Executive (HSE) revealed that the number of directors and senior managers who were personally prosecuted under section 37 of the Health & Safety at Work etc. Act 1974 has risen by 400 per cent in five years. Section 37 makes it possible for individuals within a business to be prosecuted if an offence has been committed as a result of the individual’s consent, connivance or neglect.

Forty-three directors, senior managers and company secretaries were prosecuted under section 37 in 2010/11 alone.

This illustrates the tendency of the authorities to single-out individuals wherever possible – and is a significantly more potent deterrent than prosecuting corporate bodies alone.

A wholly unexpected finding from the freedom of information release was that most of the directors and senior managers were personally prosecuted for offences unconnected with any injury. It would be easy to believe that the likelihood of being prosecuted for a health and safety offence is low and only likely to occur following a fatality or serious injury but the opposite would seem to be the case.

Of the 43 prosecutions, seven arose from investigations that followed a fatality, 15 from investigations where there had been no fatal incident and 21 where no incident of any nature had occurred. Is Mr. Cameron’s vow to “kill off the health and safety culture for good” likely to reverse this trend?

The notion of a more liberal approach to regulation and a lighter-touch approach to enforcement suggested by the government rhetoric seems unlikely. The expectations of the regulators and the courts are likely to remain the same and they are demanding.

A more responsible message to business leaders is that protecting the health and safety of your employees is an essential part of management and it must be led from the top. For smaller companies especially, the financial penalties and the reputational damage that accompany breaches in health and safety law are great. Not being aware is not a defence.

As a leader you should anticipate potential breaches in health and safety law and take the initiative. You can be personally liable when the duties the law places on your organisation are broken. A more responsible approach is to support business leaders by helping them realise the significant opportunities of better health and safety management. According to recent studies by the HSE, directors are becoming increasingly anxious to protect their personal reputation and seek to do so by protecting the corporate reputation of the organisation they work for. Rather than seeing the threat to reputation as a negative that should be avoided, directors are increasingly aware of the business benefits that can arise from establishing a good reputation for health and safety. An excellent starting point is the joint Institute of Directors and HSE publication “Leading Health & Safety at Work” which aims to help business leaders seize the reins and find ways to achieve better health and safety performance.
 

Enjoyed this? Read more from LBV

Latest news

1

College restaurant honoured with top culinary award from prestigious chefs’ guild Karen Lilley Front Of House Lecturer David McKown David Lyon Scholars Manager And Blackburn College Principal Dr Fazal Dad

College restaurant honoured with top culinary award from prestigious chefs’ guild

10 Jun 2025

2

Cosmetic manufacturer lets new unit on Frontier Park, Burnley Badgequo have agreed to let the site on Frontier Park

Cosmetic manufacturer lets new unit on Frontier Park, Burnley

10 Jun 2025

3

SQ Digital celebrates 25 years and enters new era with CEO appointment Kamal Essa

SQ Digital celebrates 25 years and enters new era with CEO appointment

09 Jun 2025

4

New chair appointed to Atlas BFW Management Graham Cowley

New chair appointed to Atlas BFW Management

09 Jun 2025

5

Napthens makes key appointments to further growth strategy of newly appointed managing director Napthens appointments Jayna Mistry, Onyeka-Obedi and Rebecca Rhodes

Napthens makes key appointments to further growth strategy of newly appointed managing director

09 Jun 2025

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
Sub36 Networking
Sub36 Social1200pxandi Lewis
Networking
11 Jun 2025

Sub36 Networking

Mytton Fold Hotel , Blackburn , BB6 8AB

09:30 - 11:00

Lancashire Net Zero Carbon Conference
Net Zero Carbon Social 1200pxtrident 2
Networking
18 Jun 2025

Lancashire Net Zero Carbon Conference

Crow Wood Hotel & Spa Resort, Burnley, BB12 0RT

08:30 - 13:00

LBV123 July/August Launch Event
Lancashire Business View magazine launch
Networking
16 Jul 2025

LBV123 July/August Launch Event

Burnley College Industry Hub, Burnley, BB120AN

08:30 - 10:30

Lancashire Built Environment Conference 2025
BEC 315 X 315 Px
Networking
25 Sep 2025

Lancashire Built Environment Conference 2025

Blackpool Football Club, Blackpool, FY1 6HX

08:30 - 13:00

CMI Level 5 Management and Leadership Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Management and Leadership Course

Preston Campus, Preston , PR1 2HE

09:00 - 17:00

CMI Level 5 Project Management Course
UCLanAerialCampus.jpg.jpg
LBV Hub Seminars
21 Feb 2025 - 21 Feb 2026

CMI Level 5 Project Management Course

Preston Campus, Preston, PR1 2HE

08:00 - 17:00

RISE - The Academy for Female Leaders and Managers
WENDY BOWERS RISE Illustrstion copy.jpg.jpg
LBV Hub Seminars
02 Apr 2025 - 08 Oct 2025

RISE - The Academy for Female Leaders and Managers

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:00 - 15:30

The Business Network Central & East Lancashire
LBV Hub Networking
12 Jun 2025 - 12 Jun 2025

The Business Network Central & East Lancashire

Stanley House, Blackburn, BB2 7NP

11:30 - 14:15

Preston Freelancer Meet-Up
LBV Hub Networking
12 Jun 2025 - 12 Jun 2025

Preston Freelancer Meet-Up

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Midnight Oil: The Entrepreneur’s Journey: Scaling Strategies with Brad Waldron
BU-June-Event-BRAD-1.jpg.jpg
LBV Hub Networking
18 Jun 2025 - 18 Jun 2025

Midnight Oil: The Entrepreneur’s Journey: Scaling Strategies with Brad Waldron

Blackpool Football Club, Bloomfield Rd, Seasiders Way, Blackpool, FY1 6JJ

08:30 - 11:30

Chamber Business Lunch – June
Chamber Logo1.png.png
LBV Hub Networking
20 Jun 2025 - 20 Jun 2025

Chamber Business Lunch – June

Lancaster House Hotel, Bailrigg, Lancaster, LA1 4GL

11:00 - 13:30

90 day Business Planning Workshop
LBV Event Header.png.png
LBV Hub Seminars
20 Jun 2025 - 20 Jun 2025

90 day Business Planning Workshop

Bolton Arena, Arena Approach, Horwich, BL6 6LB

09:00 - 16:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV122 Online Graphic
Subscribe now

Weekly news bulletin