Director Responsibilities, Safety Leadership & Safety Culture

Introduction

Irish directors have a legal duty to ensure their company complies with health and safety laws.  Under the 2005 Act, responsibility for safety and health is placed directly on those in charge in the workplace.  Directors may be prosecuted under Section 80 of the 2005 Act for failing to manage safety and health in the undertaking.

Good safety leadership is about creating a culture where safety is a core value and is prioritized and integrated into every aspect of the organization's operations. In accepting corporate responsibility for safety and health, directors need to be proactive in developing a positive safety and health culture for the workplace(s) they control.

All staff (including Directors) should be sufficiently trained and competent in their health and safety duties/responsibilities.

Definition of Director

The definition of director includes a ‘director’ as defined and normally used, and the equivalent roles in organisations that have governance structures other than boards and directors. It is also intended to include the owners or managers of small businesses and sole traders.

Director Responsibilities & Liabilities

Under the 2005 Act, responsibility for safety and health is placed directly on those in charge in the workplace. In other words, directors and managers who control the work being done must take on this responsibility.

The liabilities of directors and officers of undertakings under the 2005 Act depend on the role that both the board and the senior management team play in the undertaking.  

Boards of directors are responsible for good corporate governance and perform this task by setting corporate objectives and targets and taking strategic decisions on all business issues, including safety and health management. This involves setting policies, providing resources, ensuring training, and monitoring risks. All directors should understand their legal responsibilities. Their roles should be supported by formal, individual terms of reference.

The regular day-to-day management, control and direction of the undertaking are the responsibility of the chief executive officer/managing director (CEO/MD) and his/her management team. For smaller enterprises, these two groupings may be one and the same.

• The CEO/MD and the senior management team must follow the broad strategic directions on safety and health management set by the board.
• The most senior management in the organisation must ensure that all board members have a clear understanding of the key safety and health issues for the business and are continually appraised of the risks likely to arise.

Directors & Prosecution Under Section 80 of the 2005 Act

Directors may be prosecuted under Section 80 of the 2005 Act for failing to manage safety and health in the undertaking. Anyone convicted of a serious breach of safety and health law could be fined up to 3 months or face going to prison for up to two years.

Safety Leadership

Safety leadership means leading by example when it comes to safety.

Safety leadership is the active and consistent demonstration of behaviours, values, and decisions by leaders that prioritize and promote the health, safety, and well-being of individuals in the workplace. It involves a

• Strategic and proactive approach to managing occupational safety and health in the workplace.
• Guiding and influencing individuals and teams to prioritize and uphold high standards of health, safety, and well-being through proactive behaviours, clear communication, and a commitment to creating a positive safety culture.

Safety Culture & Safety Leadership

Safety culture is the attitudes, beliefs, perceptions, and values that employees share in relation to safety in the workplace (European Agency for Safety and Health in Work, 2022). It is often described as the sum of everything that an organisation does in pursuit of safety. This applies to employees of the organization and persons performing work commissioned by that organization. Overall, these attitudes, behaviours and perceptions are reflected in the health and safety of the workplace. A good safety culture has a positive effect on occupational health and safety and increases safety and health compliance.

It is essential to have strong leadership from the top (i.e., visible, active commitment to safety from the board, CEO and managers). When leaders prioritize safety and demonstrate commitment through their actions, they foster an environment where safety is a core value.  Failure by leadership to create an effective safety culture is often cited as a contributing factor to many types of adverse events and accidents. The effectiveness of safety programs, procedures, and practices should be regularly assessed. Leaders should foster a culture of continuous learning and improvement in relation to safety.

Safety Leadership & Creating a Positive Safety Culture

Leaders can create a positive safety culture in the workplace by:

• Leading by example when it comes to safety.
• Developing a companywide philosophy focussed on injury and illness prevention in the workplace.
• Promoting safety.
• Ensuring the correct standards and procedures are in place and that workers follow these standards.
• Encouraging everybody to take responsibility for their safety attitudes and behaviours.
• Challenging unsafe safety behaviours.
• Embedding safety culture into training and quality improvement processes.
• Encouraging all staff including managers to adopt behaviours that demonstrate safety values – for example, encouraging reporting of safety events, near misses and concerns.
• Engaging staff at all levels in risk management.
• Ensuring there is learning from what goes well and what goes wrong.

Further Information

For more information, please see: