Paul Brehony & Iain Daniels explain why directors are losing sleep over new health & safety legislation
Just when directors thought it was safe to take off their tin hats in the aftermath of corporate manslaughter and Companies Act legislation, they now face another legal minefield exposing them to further personal liability—the Health and Safety (Offences) Act 2009 (HS(O)A 2009).
As any solicitor or counsel who has advised clients on the implications of the Corporate Manslaughter and Homicide Act 2007 (CMCHA 2007) will confirm, the single issue causing businesses most concern was the almost universal misperception within the business community was that it targeted and penalised individuals; specifically individuals in senior management positions. The reality is that an individual cannot be liable under the legislation, however, as a result of the attention CMCHA 2007 has attracted, a piece of legislation carrying a far greater threat of personal liability for senior managers has slipped under most businesses’ radar screens.
Both contentious and non contentious lawyers who have been advising boards about
