HSE and LA policies towards the prosecution of Directors

Para 41 of the Health and Safety Commission's Enforcement Policy (which should be followed by both the HSE and Local Authorities - states the following:

"... enforcing authorities should identify and prosecute or recommend prosecution of individuals if they consider that a prosecution is warranted. In particular, they should consider the management chain and the role played by individual directors and managers, and should take action against them where the inspection or investigation reveals that the offence was committed with their consent or connivance or to have been attributable to neglect on their part and where it would be appropriate to do so in accordance with this policy. Where appropriate, enforcing authorities should seek disqualification of directors under the Company Directors Disqualification Act 1986." (emphasis added)

The HSE has published more detailed guidance to its inspectors on the investigation and prosecution of directors