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

Chiptech announces major innovation initiative at high-profile reception with the New Zealand Prime Minister in London. The Rt Hon Jonathan Reynolds, the Rt Hon Christopher Luxon and the Rt Hon Steve Reed (L-R Front Row) David Hammond, and Daniel Knowles

Chiptech announces major innovation initiative at high-profile reception with the New Zealand Prime Minister in London.

30 Apr 2025

2

Northstone secures full planning permission for 50 new homes in Edenfield Edenfield housing development

Northstone secures full planning permission for 50 new homes in Edenfield

29 Apr 2025

3

Ring Stones Maintenance and Construction celebrates completion of Dovestone Gardens Dovestone Gardens launch

Ring Stones Maintenance and Construction celebrates completion of Dovestone Gardens

29 Apr 2025

4

PHX Training welcomes new business leader to drive learner success Louise Kirby

PHX Training welcomes new business leader to drive learner success

29 Apr 2025

5

Lidl to invest half a billion pounds in its expansion as it eyes sites in Lancashire Lidl

Lidl to invest half a billion pounds in its expansion as it eyes sites in Lancashire

29 Apr 2025

Pc Prestonmacan Gif980x120 March
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
LBV122 May/June Launch Event
121 Lancashire Business View Magazine Launch
Networking
21 May 2025

LBV122 May/June Launch Event

Lancaster and Morecambe College, Lancaster, LA1 2TY

08:30 - 10:30

Sub36 Networking
Networking
11 Jun 2025

Sub36 Networking

British Jewellery School, Scorton, PR3 1BA

15:00 - 17:00

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

Lancashire Net Zero Carbon Conference

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

08:30 - 13:00

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 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

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

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

Planning for the future + navigating Inheritance Tax changes
Planning for the future + navigating Inheritance Tax changes for website.png.png
LBV Hub Seminars
01 May 2025 - 01 May 2025

Planning for the future + navigating Inheritance Tax changes

Stanley House Hotel, Mellor, Blackburn, BB2 7NP, Blackburn, BB2 7NP

08:00 - 10:30

Advantage: AI – A Workshop for Business Leaders – May 2
EV-land-2025-05B.png.png
LBV Hub Seminars
02 May 2025 - 02 May 2025

Advantage: AI – A Workshop for Business Leaders – May 2

Door4 Office, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:00

A night at the races
1.png.png
LBV Hub Dinners / Balls
02 May 2025 - 02 May 2025

A night at the races

Morecambe FC, Morecambe, LA4 4TB

19:00 - 23:59

Research and Knowledge Exchange Showcase
13421_research_knowledge_exchange_2025_600x300.jpg.jpg
LBV Hub Awards
07 May 2025 - 08 May 2025

Research and Knowledge Exchange Showcase

University of Central Lancashire , Preston, PR1 2HE

09:00 - 17:00

Innovating business solutions through PhD Partnerships
30478 Skills Bootcamp open day setting.jpg.jpg
LBV Hub Networking
07 May 2025 - 07 May 2025

Innovating business solutions through PhD Partnerships

University of Central Lancashire, Preston , PR1 2HE

14:30 - 15:30

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 Lbv121 Online Graphic
Subscribe now

Weekly news bulletin