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

Inspired plc acquired by HGGC Inspired logo

Inspired plc acquired by HGGC

19 Aug 2025

2

Lancashire uniform provider acquired in £12.5m deal Trutex images

Lancashire uniform provider acquired in £12.5m deal

19 Aug 2025

3

Burnley aircraft firm sees profits soar Safran Nacelles

Burnley aircraft firm sees profits soar

19 Aug 2025

4

Lancashire marina bought by Aquavista Fettlers Wharf Marina

Lancashire marina bought by Aquavista

18 Aug 2025

5

Work starts on new business units at Enterprise Zone Danny Pinkus Cllr Mark Smith and Robert Pinkus at Phase Two Of Enterprise Court

Work starts on new business units at Enterprise Zone

15 Aug 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 - Follow the signs
Sub36 Deaf Village Social1200
Networking
17 Sep 2025

Sub36 Networking - Follow the signs

The Deaf Village, Blackburn, BB2 5EN

10:00 - 12:00

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

The Business Network Central & East Lancashire
LBV Header (24).png.png
LBV Hub Networking
21 Aug 2025 - 21 Aug 2025

The Business Network Central & East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Morecambe Bay Walk
Walk.jpg.jpg
LBV Hub Awards
30 Aug 2025 - 30 Aug 2025

Morecambe Bay Walk

Arnside, CARNFORTH, LA5

09:30 - 14:00

Tri-Site Survey Equipment Showcase
Linkedin Cover.jpg.jpg
LBV Hub Seminars
03 Sep 2025 - 03 Sep 2025

Tri-Site Survey Equipment Showcase

Harewood House , Leeds, LS17 9LG

09:30 - 16:00

Longridge Soap Box Derby
Screenshot 2025-06-10 090035.png.png
LBV Hub Fundraisers
14 Sep 2025 - 14 Sep 2025

Longridge Soap Box Derby

Berry Lane, Longridge, PR3 3WH

10:00 - 16:30

Preston Tech Connection - The Ultimate Tech Quiz!
Preston Tech Connection Sept 25.png.png
LBV Hub Networking
16 Sep 2025 - 16 Sep 2025

Preston Tech Connection - The Ultimate Tech Quiz!

Society1, Coworking Space, Preston, PR1 3LT

18:00 - 19:00

Cumbria Business Expo 2025
https---cdn.evbuc.com-images-880461633-4862066883-1-original.20241022-110415.jpeg.jpg
LBV Hub Exhibitions
19 Sep 2025 - 19 Sep 2025

Cumbria Business Expo 2025

Carlisle Racecourse, Carlisle, CA2 4TS

09:00 - 15:00

Preston Freelancer Meet-Up: September
Sept Freelancer (1).png.png
LBV Hub Networking
23 Sep 2025 - 23 Sep 2025

Preston Freelancer Meet-Up: September

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 11:30

Speed Networking with BNI
2.png.png
LBV Hub Networking
24 Sep 2025 - 24 Sep 2025

Speed Networking with BNI

Chorley Football Club, Chorley, PR7 3DU

16:00 - 19:00

Help to grow management course
Help to grow - barriers to growth.png.png
LBV Hub Seminars
26 Sep 2025 - 16 Dec 2025

Help to grow management course

Preston Campus , Preston , PR1 2HE

09:00 - 15:00

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 LBV 123 Online Graphic
Subscribe now

Weekly news bulletin