Douglas Scott

This Practice Note explains the duties imposed on directors in relation to health and safety law in the UK and the health and safety offences which can be committed by directors and leaders of organisations in their personal capacity under the Health and Safety at Work etc Act 1974 (HWSA 1974). The Practice Note explains the meaning of consent, connivance or neglect under HSWA 1974, s 37. It explains how the general duties under the Companies Act 2006 apply in relation to health and safety, the guidance on leading health and safety contained in Leading Health and Safety at Work: Leadership Actions for Directors and Board Members (INDG417), and how compliance with health and safety law by Boards of Directors can be demonstrated in practice.

This Practice Note explains the powers granted to Health and Safety Executive (HSE) inspectors, local authority environmental health officers and inspectors from the Office of Rail and Road (ORR) and the Office of Nuclear Regulation (ONR) to enforce health and safety law in England, Wales and Scotland. It covers the basis of the HSE’s powers and other health and safety enforcement bodies, the nature and scope of powers, including warrant cards issued to HSE inspectors, the conduct of investigations, the power to conduct interviews and the service of Prohibition Notices and Improvement Notices on dutyholders. It also covers the ability to prosecute health and safety offences in England and Wales.