| Convicted directors back at work |
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| Friday, 16 November 2007 | |
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Construction directors convicted of health and safety breaches could be turning back up to work, B&E online has learned.
The Health and Safety Executive (HSE) and local authorities have been criticised for not giving the disqualification sanction a higher enough priority against directors convicted of health and safety failures. It reveals directors are 300 times more likely to get disqualified for financial issues than for health and safety breaches. In the last 20 years, just 10 company directors have been banned for health and safety breaches, despite 111 bosses being prosecuted, of whom 86 were convicted between 1994 and 2004. The research, published by the University of Warwick’s School of Law, condemns prosecutors for failing to utilise clear sanctions in the Company Directors Disqualification Act 1986. University of Warwick professor, Alan Neal, who led the study, told B&E online that the message was particularly appropriate for construction. He said: “One of the issues is that a lot of the HSE prosecutions are now put out to agents and private law firms. It’s been growing dramatically. Basically they’re cutting resources and shifting the stuff out. There is a question mark over how efficient that is.” The report has recommended that where there is a conviction the court should always be reminded of its powers to act. Professor Neil added: “I think anybody who acts in the prosecution role, whether it be the HSE or local authorities, should be aware of it. During the research we discovered local authorities know nothing about it at all. “Nobody’s saying they are insisting on it, but at least if they say to the court, even in the course of passing sentence, to draw attention to their powers, that then sets the mind of the judge at work on it.” Following the report’s recommendations, The Institute of Directors and the HSE have launched a document with guidelines drawn up to remind board members of their responsibilities. |




