MP seeks positive H&S duties for directors

Sunday, January 24, 2010
posted by: charlie-gunter

Frank Doran MP (Labour) has introduced a Bill to amend the Health and Safety at Work, etc Act 1974 in respect of the liability of company directors.

At the first reading of his Health and Safety (Company Director Liability) Bill in the Commons on 19 January, he said that directors can be prosecuted under section 37 of the Act for failing to carry out duties in relation to health and safety but prosecutors have to prove that a director was aware, or should have been aware, that an offence had been committed.

He said section 37 has been “very narrowly interpreted by the courts” and that by deciding not to place specific safety responsibilities on directors, companies can easily avoid prosecution.

The Bill is due to be read a second time on 23 April.

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