“Safety and Corporate Criminal Accountability in Scotland” www.corporateaccountability.org

David Bergman, CCA Director Directors Duties CCA Conference in Glasgow, 23 October 2003

Different “Legal” Persons Company Directors Employees shareholders

Main Duties Upon Employers Section 2: It shall be the duty of every employer to ensure, so far as is reasonably practicable, the health, safety and welfare at work of all his employees’ In particular this extends to: Provision and maintenance of plant and systems of work Arrangements for ensuring absence of risks in connection with the use, handling, storage and transport of articles/substances Provision of information, instruction, training and supervision as is necessary for the safety of employees Maintenance of workplace and of means of access to and egress from workplace Section 3: It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected are not exposed to risks to their health and safety’

Duties upon Employees Section 7 of the HASAW Act 1974 Imposes duty upon all employees ”to take reasonable care for the health and safety of himself and of other persons who may be affected by his acts of omissions at work.’ Who is an employee? Executive Directors What is the extent of the duty? Board Room Decisions

Directors, Managers Section 37 of the HASAW Act 1974 “Where an offence under any at the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.” - does this impose any duties?

Section 37 of 1974 Act meaning of ‘neglect’ - requires duty • meaning of ‘consent’ - awareness + agreement • meaning of ‘connivance’ - awareness • implicit duties - act when they are aware of an offence

Importance of Duties •  Prevention - significance of the conduct of directors •  Accountability - section 37 - Manslaughter

Defining Duties General Duty on all Directors Nominated Director “take all reasonable steps to ensure that the company acts in accordance with the obligations imposed on its by any relating to health and safety.” Nature of duties - to be set out in ACOP Nominated Director Large companies - nominated Directors Providing information to Board

“Safety and Corporate Criminal Accountability in Scotland” www.corporateaccountability.org