In short
The main health and safety duties fall on your company as the employer. But under section 37 of the Health and Safety at Work etc. Act 1974, a director or senior manager can also be prosecuted if the company's offence was committed with their consent or connivance, or was due to their neglect. In a small firm the directors usually plan and control the work, so leading on health and safety is part of the job.
Example
the director who never asked
Gareth runs a groundworks firm with 14 staff. He prices the jobs and deals with clients, while his contracts manager, Paul, runs the sites. Gareth had always assumed health and safety was Paul's job. Then an excavator swung within a metre of a labourer, and Gareth realised he could not say who had set the exclusion zone or whether the operator had been briefed. He now starts each monthly meeting with health and safety, visits one site a week and asks Paul for a short report on inspections and near misses. It takes him about an hour a week.
An illustrative example, not a real case.
What the law says
- Your company must ensure, so far as is reasonably practicable, the health, safety and welfare of its employees (section 2). It must also make sure other people are not put at risk by its work (section 3).
- Under section 37, a director, manager, company secretary or similar officer can also be guilty of the company's offence. This applies where it was committed with their consent or connivance, or was due to their neglect.
- Under section 7, every employee, including managers, must take reasonable care of themselves and others, and cooperate with the employer.
- Individuals convicted of most offences can be fined or sent to prison for up to two years. A court can also disqualify a convicted director for up to 15 years under the Company Directors Disqualification Act 1986.
What directors of small firms should do
HSE's guidance for directors, Leading health and safety at work (INDG417), applies to organisations of all sizes. It follows four steps.
- 01
Plan
Own the health and safety policy and know the significant risks in your work.
- 02
Do
Give health and safety enough time and money, get competent advice and involve your workers in risk assessments.
- 03
Check
Ask for regular information on inspections, training and near misses, and see the work for yourself.
- 04
Act
Review health and safety performance at least once a year and act on what you find.
Common mistakes
- Treating health and safety as the site manager's job, or the adviser's.
- Never visiting sites, so problems never reach you.
- Signing a policy that does not match how the work is really done.
- Ignoring near misses and concerns raised by the team.
What the courts have said
R v Chargot Ltd [2008] UKHL 73
A worker died when his dumper truck overturned on a farm building project, and the managing director was convicted with two companies. The House of Lords held that once a material risk is shown, the business has to prove it did all that was reasonably practicable, but a director's consent, connivance or neglect has to be proved against them personally.
R v P Ltd [2007] EWCA Crim 1937
The Court of Appeal held that neglect does not always need proof that a director knew about a dangerous practice. It can be enough that the circumstances should have made them check whether safe procedures were in place.
Common questions
Can a director be personally liable for health and safety breaches?
Yes. Under section 37 of the Health and Safety at Work etc. Act 1974, a director or senior manager can be prosecuted alongside the company if the offence was committed with their consent or connivance, or was due to their neglect.
Can a director go to prison for health and safety failings?
Yes. Individuals convicted of most health and safety offences face up to two years in prison. Gross negligence manslaughter carries a maximum of life imprisonment.
Do supervisors and managers have legal duties too?
Yes. Section 7 applies to every employee, including supervisors and managers. Senior managers can also be prosecuted under section 37.
Does using a consultant transfer my duties?
No. HSE is clear that managing health and safety stays the employer's legal duty, even when you use outside help. A good adviser helps you meet your duties; they do not take them over.
How NXT-HSE can help
NXT-HSE can explain your duties in plain English and help you set up simple checks on how work is really done, including audits of your sites and systems. Your legal duties stay with you and your company.
Sources
- Health and Safety at Work etc. Act 1974, section 37
- Health and Safety at Work etc. Act 1974, section 7
- HSE: Leading health and safety at work (INDG417)
- HSE: legislation on leading health and safety
- Company Directors Disqualification Act 1986, section 2
- R v P Ltd [2007] EWCA Crim 1937 (National Archives)
Sources checked 27 September 2026 against current Health and Safety Executive guidance and legislation. This guide is general information, not legal advice; your legal duties stay with your business.