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Health and Safety (Directors\xd5 Duties) Bill


Health and Safety (Directors’ Duties) Bill

1

 

A

Bill

To

impose duties upon company directors in relation to health and safety; to give

powers to the Health and Safety Commission to issue and approve codes of

practice in connection with the performance of those duties; to require large

companies to appoint a director as health and safety information director; and

for connected purposes. 

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1       

Health and safety information directors

(1)   

The Companies Act 1985 (c. 6) is amended as follows.

(2)   

In section 282 (directors), after subsection (3), insert—

“(4)   

A company to which this requirement applies shall appoint one of its

directors as health and safety information director for the purposes of

5

section 309E.

(5)   

The requirement in subsection (4) applies to every company which

does not qualify as a small or medium-sized company for the purposes

of section 247.”

(3)   

In section 364 (contents of annual return: general), after subsection (1)(d),

10

insert—

“(da)   

the name of the health and safety information director of the

company;”.

2       

Directors’ duties

(1)   

The Companies Act 1985 is amended as follows.

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(2)   

After section 309C (which is inserted by section 19 of the Companies (Audit,

 
Bill 2253/4
 
 

Health and Safety (Directors’ Duties) Bill

2

 

Investigations and Community Enterprise Act 2004 (c. 27)) insert—

“309D   

Directors’ duties regarding health and safety

(1)   

It is the duty of the directors of a company to take all reasonable steps

to ensure that the company acts in accordance with the obligations

imposed on it by—

5

(a)   

the relevant statutory provisions,

(b)   

any statutory provision that is specified in the first column of

Schedule 12A,

(c)   

any regulations, orders or other instruments of a legislative

character made or having effect under any provision so

10

specified that relates to health and safety, or

(d)   

any Order in Council or regulations made under section 2 of the

European Communities Act 1972 (general implementation of

Treaties) that relates to health and safety.

(2)   

The directors of a company to which section 282(4) applies shall, for the

15

purpose of complying with their duty under subsection (1), take

account of any information and advice provided to them by the health

and safety information director.

(3)   

The directors of a company to which section 282(4) applies shall make

adequate arrangements to ensure that the health and safety

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information director is provided with such information as he may

require to carry out his duties under section 309E.

(4)   

In this section and section 309E, ‘the relevant statutory provisions’

means—

(a)   

anything within the meaning given to that term by section 53(1)

25

of the Health and Safety at Work etc. Act 1974 (interpretation),

and

(b)   

anything which, under the terms of any Act, has effect as if it

were an existing statutory provision within the meaning given

to that term in Part 1 of the Health and Safety at Work etc. Act

30

1974.

309E    

Duties of health and safety information directors

It shall be the duty of the health and safety information director

appointed under section 282(4) to take all reasonable steps—

(a)   

to inform the other directors, not less than four times a year,

35

of—

(i)   

how the company’s activities are affecting the health

and safety of its employees and of other persons not in

the company’s employment,

(ii)   

the adequacy of the measures taken by the company to

40

ensure that it complies with the provisions referred to in

section 309D(1)(a) to (d),

(iii)   

any further measures that may be necessary to ensure

that it complies with those provisions;

(b)   

to inform other directors promptly of—

45

(i)   

any significant health and safety failure by the company

and the steps that have been taken, or will be necessary,

to rectify it,

 
 

Health and Safety (Directors’ Duties) Bill

3

 

(ii)   

details of any deaths, injuries or other incidents that the

company has a duty to report under—

(a)   

the relevant statutory provisions,

(b)   

any statutory provision that is specified in the

first column of Schedule 12B, or

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(c)   

any regulations, orders or other instruments of a

legislative character made or having effect under

any provision so specified that relates to health

and safety,

(iii)   

details of any notice which has been served on the

10

company or on one of its employees under—

(a)   

the relevant statutory provisions,

(b)   

any statutory provision that is specified in the

first column of Schedule 12C, or

(c)   

any regulations, orders or other instruments of a

15

legislative character made or having effect under

any provision so specified that relates to health

and safety,

(iv)   

details of any proceedings which have been brought

against the company for an offence under any law

20

relating to health and safety or for any offence arising

out of a death; and

(c)   

to inform the board of the health and safety implications of its

decisions.

309F    

All reasonable steps

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In determining those steps that should be taken by directors to comply

with the requirements of sections 309D and 309E, consideration shall be

given to any code of practice issued or approved by the Health and

Safety Commission in exercise of its powers under section 16 of the

Health and Safety at Work etc. Act 1974 (approval and issue of codes of

30

practice by the Commission).

309G    

Application of Part 1 of the Health and Safety at Work etc. Act 1974

Part 1 of the Health and Safety at Work etc. Act 1974 shall have effect as

if the provisions of sections 309D and 309E of this Act were existing

statutory provisions within the meaning of Part 1 of that Act and were

35

specified in the third column of Schedule 1 to that Act.”

(3)   

Before Schedule 13 insert—

“Schedule 12A

Section 309D(1)

 

Other statutory provisions relating to health and safety

 

Title of Statutory Provision

Reference

 

40

 

Part 2 of the Children and Young Persons Act 1933

1933 c. 12

 
 
 

Health and Safety (Directors’ Duties) Bill

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Title of Statutory Provision

Reference

 
 

Employers’ Liability (Defective Equipment) Act 1969

1969 c. 37

 
 

Employers’ Liability (Compulsory Insurance) Act 1969

1969 c. 57

 
 

Fire Precautions Act 1971

1971 c. 40

 
 

Section 2 of the Employment of Children Act 1973

1971 c. 24

 

5

 

Civil Aviation Act 1982

1982 c. 16

 
 

Building Act 1984

1984 c. 55

 
 

Section 11 of the Food and Environment Protection Act

1985 c. 48

 
 

1985

  
 

Section 11 of the Consumer Protection Act 1987

1987 c. 43

 

10

 

Sections 41 and 64 of the Road Traffic Act 1988

1988 c. 52

 
 

Section 8 of the Social Security Administration Act 1992

1992 c. 5

 
 

Sections 41 and 45 of the Transport and Works Act 1992

1992 c. 42

 
 

Activity Centres (Young Persons’ Safety) Act 1995

1995 c. 15

 
 

Merchant Shipping Act 1995

1995 c. 21

 

15

 

Part 4A and sections 44, 45A, 48, 49, 100, 101A and 103A

1996 c. 18

 
 

of the Employment Rights Act 1996

  
 

Section 559 of the Education Act 1996

1996 c. 56

 
 

Section 157 of the Education Act 2002

2002 c. 32

 
 

Railways and Transport Safety Act 2003

2003 c. 20

 

20

 

Schedule 12B

Section 309E(b)(ii)(b)

 

Other statutory provisions requiring the notification of events

 

Title of Statutory Provision

Reference

 
 

Civil Aviation Act 1982

1982 c. 16

 
 

Section 8 of the Social Security Administration Act 1992

1992 c. 5

 

25

 

Merchant Shipping Act 1995

1995 c. 21

 
 
 

 
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