Directors’ Responsibilities

Failing to adhere to directors’ responsibilities can lead to severe consequences, not only for the individuals involved but also for the company, its employees, and the wider community. Directors of construction companies have significant legal and moral responsibilities regarding health and safety.

In this article, BSG outlines the key aspects of these responsibilities, focusing on the construction industry’s unique challenges and the regulatory framework
that governs it.

Legal Framework

1). Legal Framework: The primary legislation governing health and safety in UK construction is the Health and Safety at Work etc. Act 1974 (HSWA). This is supplemented by:

• The Management of Health and Safety at Work Regulations 1999
• The Construction (Design and Management) Regulations 2015 (CDM 2015)
• The Corporate Manslaughter and Corporate Homicide Act 2007

Directors must ensure their companies comply with these regulations to avoid legal consequences and protect their workforce.

Key Responsibilities

2). Key Responsibilities:

a) Policy Development: 

• Establish a clear health and safety policy
• Ensure the policy is communicated to all employees and stakeholders
• Regularly review and update the policy

b) Risk Assessment:

• Ensure comprehensive risk assessments are conducted for all construction activities
• Implement appropriate control measures based on risk assessments
• Regularly review and update risk
  assessments

c) Training and Competence:

• Provide adequate health and safety training for all employees
• Ensure workers are competent to perform their tasks safely
• Maintain records of training and competence assessments

d) Resource Allocation:

• Allocate sufficient resources (financial, human, and material) for health and safety measures
• Invest in appropriate personal protective equipment (PPE) and safety equipment

e) Monitoring and Review:

• Implement systems to monitor health and safety performance
• Conduct regular site inspections and audits
• Review incident reports and take corrective actions

f) Communication:

• Foster a culture of open communication regarding health and safety issues
• Encourage reporting of near-misses and potential hazards
• Regularly consult with employees on health and safety matters

CDM 2015 Specific Responsibilities

3). CDM 2015 Specific Responsibilities: Under the CDM 2015 regulations, directors must ensure their company, when acting as a principal contractor:

• Plans, manages, and monitors the construction phase
• Coordinates health and safety matters with other contractors
• Provides suitable site inductions
• Prevents unauthorized access to the site
• Provides welfare facilities for workers

Best Practices

5). Best Practices: To effectively fulfil their responsibilities, directors should:

• Lead by example and demonstrate commitment to health and safety
• Regularly visit construction sites to assess safety measures
• Stay informed about industry best practices and emerging risks
• Engage with industry bodies and participate in safety initiatives
• Encourage a reporting culture where workers feel comfortable raising concerns

Continuous Improvement

6). Continuous Improvement: Directors should foster a culture of continuous improvement in health and safety by:

• Setting measurable health and safety objectives
• Benchmarking performance against industry standards
• Investing in new technologies and innovative safety solutions
• Encouraging employee suggestions for safety improvements

In conclusion, Directors of UK construction companies bear significant responsibilities for ensuring the health and safety of their workforce and others affected by their activities.

By understanding and fulfilling these responsibilities, directors not only comply with legal requirements but also contribute to a safer, more productive construction industry.

Prioritising health and safety at the highest level of the organization is crucial for protecting lives, maintaining a positive reputation, and ensuring the long-term success of the business.

BSG Recommendations

For further guidance, click below to view BSG’s webinar about Directors’ Responsibilities, which was recently hosted in association with Select.

In addition, please consider enroling on our Directors’ Responsibilities course. By attending our half day course, delegates will gain a greater understanding of:

• Their responsibilities under Health and Safety Law
• The HSE guidance available for Directors
• Effective management of occupational Health and Safety
• New Legislation

BSG members who attend this course will automatically receive a 20% discount.