Health and Safety Responsibilities for Senior Leaders (What You Need to Know)
Did you know that as a senior leader of your company, you have legal responsibilities under the Health and Safety at Work etc. Act 1974, and could face personal prosecution if your organisation fails to meet Health and Safety standards?
Under Section 37, directors and senior managers can be held personally liable for health and safety breaches, with penalties ranging from significant fines to imprisonment.
Ultimately, health and safety leadership is more than a legal obligation—it’s about creating a work environment where employees feel safe and valued.
What’s more—your leadership is key to setting the right health and safety culture and avoiding the serious consequences of neglect.
Let’s explore why leadership is important in setting the tone for health and safety, and what steps you can take to fulfil these crucial responsibilities.
Leadership Sets the Tone for Health and Safety
Health and safety culture starts with you. When senior leaders take health and safety seriously, employees follow suit. As senior leaders of your organisation, you set the tone and example for your employees to follow. It is essential that directors and board members lead by example. This means engaging with health and safety protocols, participating in safety audits, and ensuring the topic features in boardroom discussions.
Leading by example isn’t just to ensure compliance; it helps foster a workplace where safety is ingrained in the daily routine. Your visible commitment to health and safety shows your workforce that this is a priority. When leaders actively support and champion health and safety measures, employees are more likely to follow suit, creating a safer working environment.
What can senior leaders do?
- Participate in regular health and safety meetings and audits.
- Prioritise safety in board discussions and decision-making processes.
- Demonstrate safe behaviour in day-to-day operations.
By promoting safety from the top, you can shape a culture where every employee understands their role in maintaining a safe work environment.
Understanding Section 37 of the Health and Safety at Work Act
Under UK law, health and safety is not just a corporate responsibility.
Section 37 of the Health and Safety at Work etc. Act 1974 explicitly states that if a senior person, such as a director or officer, is found to have consented to, connived in, or neglected their duty in relation to health and safety breaches, they can be held personally liable. This could result in severe penalties, including personal fines, disqualification from holding directorships, or even imprisonment.
Looking at just 2024, we can see numerous examples. In March 2024, Stephen Davies of Cavendish Winchester Ltd was jailed for eight months after failing to protect workers from exposure to asbestos at a student development project in Winchester.
A similar case in April 2024 saw Selcuk Pinarbasi of Eye Track Limited receive a custodial sentence of 20 weeks, suspended for 12 months. He was personally fined £75,000 and ordered to pay costs of £18,783.61.
And in March 2024, Mr Shu Lai Li, director of Graniteland Limited, was sentenced following the death of an employee.
With potential financial, legal, and reputational damage at stake, it’s clear that understanding and adhering to health and safety obligations is non-negotiable.
HSE and IOD’s Leading Health and Safety at Work Guidance
To help senior leaders meet their responsibilities, the Health and Safety Executive (HSE) and the Institute of Directors (IOD) have jointly published a guidance document titled “Leading Health and Safety at Work.” This document provides a clear roadmap for directors to follow in order to ensure legal compliance and foster a safer work environment.
The document outlines key processes for board members and directors:
Strong and active leadership from the top:
- visible, active commitment from the board;
- establishing effective ‘downward’ communication systems and management structures;
- integration of good health and safety management with business decisions.
Worker involvement:
- engaging the workforce in the promotion and achievement of safe and healthy conditions;
- effective ‘upward’ communication;
- providing high-quality training.
Assessment and review:
- identifying and managing Health and Safety risks;
- accessing (and following) competent advice;
- monitoring, reporting and reviewing performance.
This document should be read by board members individually and also as a collective to ensure the resulting policy is clear as to what is expected of the board and its individual board members in leading the health and safety of the organisation.
By following the steps outlined in this document, senior leaders can take proactive measures to meet their health and safety obligations and reduce the risk of workplace accidents.
Conclusion
Health and safety leadership isn’t just about ticking boxes or avoiding fines—it’s about safeguarding the wellbeing of your employees and protecting the future of your business. As a senior leader, your actions directly impact the safety culture within your organisation. If you fail to prioritise health and safety, you could face personal liability under Section 37 of the Health and Safety at Work Act, with severe legal consequences.
However, by following the guidance set out in the HSE and IOD’s “Leading Health and Safety at Work” document, you can ensure that you meet your legal obligations and foster a safer working environment for everyone.
Remember, health and safety leadership is not just about compliance—it’s about creating a workplace where everyone feels safe, valued, and protected through its culture.
If you are a senior leader looking for more information and education on your responsibilities, you may want to explore our following courses: IOSH Safety for Executives and Directors and IOSH Leading Safely®.