Guidance Note 1-1

MANAGING HEALTH AND SAFETY AT WORK

Introduction
In any business the effectiveness of its health and safety arrangements reflect the way the
business is organised and led by its most senior managers.
This guidance note aims to identify the key matters to be considered to ensure good corporate
governance on health and safety management. It is aimed at those who control businesses at the
highest management levels as well as managers responsible for directing work activities and
workers while at work.
In this advice we use the word ‘Director’ as a shorthand definition to include a wide range of
management positions. It includes-
 executive and non-executive directors in private and public organisations;
 officers of undertakings;
 the chair of the board;
 board members;
 proprietors and owners;
 sole traders; and
 senior managers.

Effective health and safety performance comes from the top. Directors and members of the board
have both collective and individual responsibility for health and safety. Directors and boards need
to examine their own behaviours, both individually and collectively, against the guidance given -
and, where they see that they fall short of the standards it sets them a challenge. To change what
they do to become more effective leaders in health and safety.
Regardless of the size of the organisation it is important that directors are fully aware of the
health and safety matters and requirements that apply to them. They need to understand their role
in governing health and safety as part of their wider responsibilities for good corporate
governance.

Legal requirements
Whilst the health and safety at work legislation and (in the UK) the Corporate Manslaughter and
Homicide Acts places clear duties of compliance on businesses it also places key requirements
and responsibilities on Directors as individuals. These requirements place responsibility for safety
and health directly and very firmly on those in charge of the workplace. Directors and managers
who control the work being done must take account of this responsibility. There is no way of
avoiding it.
In addition to the statutory requirements a common law duty of care is owed to the workforce and
others. At its extreme this could lead to proceedings for gross negligence manslaughter being
taken against individual directors.

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Business benefits
As well as complying with the law to avoid legal sanction Directors will want to achieve a high
level of compliance because of the recognised business benefits that will follow. They will also
want to protect the reputation of their business from the adverse publicity that a serious accident
or prosecution would bring and avoid the employee unrest and other pressures that result from
poor levels of compliance.
The Enforcing Authorities regularly remark on the symptoms of poor management that they see
in poorly performing organisations. These include;
 Failure of the board to take control;
 Rubber stamping of management decisions on health and safety issues;
 Lack of resources allocated to health and safety;
 An absence of competent health and safety advice – internal or external; and
 Inadequate communication and consultation within the organisation on important health and
safety issues.
An effective health and safety management strategy is a core business function and there is
considerable evidence of the financial benefits to be gained from effective health and safety
management. These include;
 Increased productivity when following safe operating procedures;
 Reduced insurance premiums;
 Less sick-related absences;
 Reduced training costs for replacement staff;
 Better staff retention and morale.

What Directors need to do

Directors and board members need to act to protect the health and safety of employees or
members of the public who may be affected by their business. The Enforcing Authorities will
expect to see directors involved in the management of health and safety as a routine and recorded
activity. Directors need to be able to demonstrate a clear and active involvement in planning,
delivering, monitoring and reviewing a health and safety management system. They need to show
involvement in planning, doing, checking and acting on health and safety issues.

1. Planning
 Plan how you are going to manage health and safety; if you employ five people or more, you
need to write down your plan - your safety policy.
 ‘Own’ and understand the key issues – give clear and demonstrable leadership.
 Decide how to communicate, promote and champion health and safety.
 Consider how you will communicate with workers who are not fluent in English. How will
you train them, how will you supervise them, how will you be able to understand their
concerns? How will you manage migrant workers from countries where the health and safety
culture is very different? (See also Guidance Note 1-2 Managing Migrant Workers.)
 Plan how your business will deal with unexpected or out of the ordinary hazards.
 Check your plans with your staff – winning their involvement can ensure the success of your
plan.

2. Doing (delivering)
 Put your plan into practice.

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  Prepare a statement of your organisational plan and arrangements for health and safety at
work. Name staff with specific responsibilities and give their titles.
 Show commitment by adequately resourcing the plan.
 Assess and deal with the significant risks that you and your staff face, sensibly, responsibly
and proportionately – do not waste your time and effort on trivial risks and unnecessary
paperwork.
 Make sure that where risk assessments are required, they are carried out by competent and
informed people; record the results and implement the improvements they show to be
necessary.
 Make sure that your supervisors understand what is expected of them and that they are able
to manage workers who are not fluent in English.
 Whenever you take on new work practices or new people, consider whether there are any
health and safety issues to consider.
 Make sure you have access to competent advice - use competent advisers to help you.
 Set an example - follow your own safety rules and procedures. If your safety statement and
arrangements require the use of high visibility clothing or use of eye protection in particular
parts of your premises never fail to wear them.
 Support worker involvement – this can improve participation and help prove your
commitment.

3. Checking (Monitoring)
 Keep in touch with events and developments – in small organisations it is often easier to do
so, so do not waste this advantage.
 Actively require managers and others with delegated responsibilities to routinely audit and
report back on health and safety compliance, progress against plans and on incidents and
near misses.
 Listen to the concerns of your workforce.
 Recognise and reward good health and safety behaviours and outcomes.
 From time to time take part in health and safety audits.

4. Acting (Reviewing)
 Consider whether the health and safety policy and arrangements still reflect current priorities,
plans and targets?
 Has the information reported to directors been of use, has it been the right information?
 Take account of what you learn from routine monitoring, your own experience or when any
serious incident occurs to review your policies, arrangements and procedures.
 Consult your workforce as part of the review process. Take their input into consideration
when amending existing procedures or developing new arrangements.
 Consider immediate actions if major shortcomings or events are identified.

Diagrammatically your successful health and safety management system will look like this.

H&S Policy and

Organisation

Planning

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Development Delivery Control
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Legal responsibilities and liabilities
The legislation imposes quite severe penalties on directors and managers who can be shown to
have failed in their duty to adequately manage the health, safety and welfare of their workers. The
Enforcing Authorities have only to show that a breach of the law committed by the organisation
was authorised or consented to by a director or manager or was in some way attributable to their
connivance or neglect. Failing to act on a known health and safety problem could constitute
neglect.
On conviction, a director or manager could be fined up to €3m or face 2 years imprisonment in
the Republic of Ireland. In Great Britain and Northern Ireland there is potential for an unlimited
fine and up to 2 years imprisonment.
If a charge of manslaughter is proved after a fatal incident the courts can send the convicted
person to prison for whatever period they judge appropriate. A maximum period is not specified.

Further advice and guidance on any of the issues associated with managing health and safety at
work or the advice contained in this guidance note is available from our 24-Hour Advice Service.

Guidance Notes are regularly revised and updated to reflect current best practice and take account of revised standards or
legislation. The latest version of every Guidance Note is always available to you in your online system.

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