New Bill Outlines Legally Binding Duties on Top Management

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Extending the debate on making directors more directly responsible for the welfare of their employees, a labour MP has mooted a new bill which aims to give precise guidelines on what these responsibilities are. This new bill is hoped to make a visible difference where the previous ones failed.

Aberdeen North MP, Frank Doran, has said that the code of practice which was brought into force by the Health and Safety Executive (HSE) in 2001 was very well received by companies across the UK; however, when it came to implementing the guidelines recommended for employee safety there were very few companies which actually did so.

More recently, in 2008, the Corporate Manslaughter and Corporate Homicide Act 2007, was brought into the legal framework. This too did not completely have the desired effect and failed to address all the problems in this issue. The Act clearly stated that failure to ensure safety and health of employees was unacceptable under the law, but failed to outline specific duties for directors to implement. In effect the changes that are required to be brought about in the very corporate fabric of organisations across the UK are still lacking.

In order to bring in more effective guidelines and ensure that directors comprehend and fulfil their duties with respect to employee safety and health, the new Bill needs to be stringently implemented, MP Doran explained. Health and Safety Executive (HSE) reports have shown that legally binding regulations are far more effective when compared to voluntary guidelines.

The Health and Safety (Company Director’s Liability) Bill will bring directors on the same platform as all other employees where safety responsibility is concerned. The bill which is due for a second reading in April is being supported in full by health and safety campaigners, trade unions, personal injury lawyers, the TUC and victims’ advocates.

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